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This was an estate of some 320 acres, six miles from Hythe, in the Bailiwick and Hundred of Stowting, and the Lathe of Shipway, held of the Crown IN CAPITE by the service of six men and a constable to defend the passage of the sea at Sandgate.
It enacts: "That the Court of Ward and Liveries, primer seizin, etc., and all fines for alienation, tenures by knight's service, and tenures in capite, be done away with and turned into fee and common socage, and discharged of homage, escuage, aids, and reliefs. All future tenures created by the king to be in free and common socage, reserving rents to the Crown and also fines on alienation.
Modicum est maior Aquila, cristam in capite maiorem pauonis, collum habens croceum, dorsum Indicum, alas purpureas, caudam duobus coloribus, per transuersum croceo et rubeo regulatam, qui singuli colores sunt ad splendorem Solis delectabiliter videntibus resplendentes.
In the eucharistic office of St Kentigern's day, this event, along with the restoration to life of a meritorious cook, and other miracles, inspired a canticle which, for long subsequent ages, was exultingly sung by the choristers in the saint's own cathedral of Glasgow, thus: "Garrit ales pernecatus. Cocus est resuscitatus. Salit vervex trucidatus Amputato capite."
The process went on till it was becoming a serious difficulty to discover how the King was to get his services from the tenant in capite, who had practically got rid of two-thirds of his fief, and how he again was to get his services from the mesne tenant, who had parted with two- thirds of his estate to half a dozen under tenants.
In huius foresti capite sub monte Polembo, est ciuitas dicta Bolemba, et sub eodem monte fons qui dicitur Iuuentutis. Aqua huius fontis reddit odorem et saporem quasi de omni genere aromatum, nam singulis pene horis immutat odorem, et saporem.
A voyage of three Ambassadours, who in the time of K. Edward the Confessor, and about the yere of our Lord 1056, were sent vnto Constantinople, and from thence vnto Ephesus, together with the occasion of their sending, &c. recorded by William of Malmesburie, lib. 2. de gestis regum Anglorum, capite 13.
To have, hold, use, exercise and enjoy the same, as amply, fully, and in as ample Manner, as any Bishop of Durham in Our Kingdom of England, ever heretofore had, held, used, or enjoyed, or of right ought, or could have, use, or enjoy; and them the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton, and Sir William Berkeley, their Heirs and Assigns; We do by these Presents, for Us, Our Heirs and Successors, make, create and constitute the true and absolute Lords and Proprietors of the said Province, or Territory, and of all other the Premises, saving always the Faith, Allegiance and Sovereign Dominion due to Us, our Heirs and Successors, for the same; to have, hold, possess and enjoy the said Province, Territory, Islets, and all and singular, other the Premises, to them the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton and Sir William Berkeley, their Heirs and Assigns, for Ever, to be holden of Us, Our Heirs and Successors, as of Our Mannor of East Greenwich, in Kent, in free and common Soccage, and not in Capite, or by Knights Service, yielding and paying yearly to Us, Our Heirs and Successors, for the same, the fourth Part of all Goods and Silver Oar, which within the Limits hereby Granted, shall from Time to Time, happen to be found, over and besides the Yearly Rent of Twenty Marks and the fourth part of the Gold and Silver Oar, in and by the said recited Letters Patents reserved and payable.
In return for such grants, A or B or C were bound to perform certain services in recognition of the fact that they were tenants of the king; and by virtue of such services-the equivalents of what we now understand by rent-they were called tenants in chief, or tenants in capite.
At the head of one of his poems, Henry Vaughan has this Latin translation of the verse: I do not know whether he found or made it, but it is closer to its sense than ours: 'Etenim res creatae exerto capite observantes expectant revelationem filiorum Dei. 'For the things created, watching with head thrust out, await the revelation of the sons of God. Why?
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