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Updated: June 12, 2025
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.
But even supposing you unacquainted with the statutes of William the Lion, in which capite quarto versu quinto, this crime of deforcement is termed despectus Domini Regis a contempt, to wit, of the king himself, in whose name all legal diligence issues, could you not have inferred, from the information I took so much pains to give you to-day, that those who interrupt officers who come to execute letters of caption, are tanquam participes criminis rebellionis? seeing that he who aids a rebel, is himself, quodammodo, an accessory to rebellion But I'll bring you out of this scrape."
But all this will be less difficult to comprehend, when we reflect on the method of raising and supporting armies, very different from ours, which was then in use, and so continued for many ages after. All men who had lands in capite were bound to attend the King in his wars with a proportioned number of soldiers, who were their tenants on easy rents in consideration of military service.
It was inevitable that, as time went by, the mesne tenant should regard his estate as his own, and that the same necessities which compelled the tenant in capite to relax his hold over an outlying landed estate would compel the mesne tenant to follow his example.
Immense, therefore, were the advantages possessed by the free burghs, such as London, which governed themselves, and compounded for all dues by the payment of a fixed annual sum. These annual contributions were styled the "farm," and, when perpetual, the burghs so compounding were said to be held at fee-farm of the king in capite, as was the case with London.
They were the only men of honor, faith, trust, and reputation in the kingdom; and from among such of these as were not barons, the knights did choose jurymen, served on juries themselves, bare offices, and dispatched country business. Many of the LIBERI HOMINES held of the king in capite, and several were freeholders of other persons in military service.
Petronella on which the penitential tears of Peter had fallen, cutting a groove in it two fingers wide, had the guide show him the Pope's crown, the tiara, which, he thought, cost more money than all the princes of Germany possessed, was perplexed at finding the heads and bodies of Peter and Paul assigned to different places, at the Lateran Church and at San Paolo Fuori, mounted the Scala Santa Pilate's staircase on his knees, passed with awe the relief picture in one of the streets which the popular legend declared to be that of the female Pope Johanna and her child, saw the ancient pagan deities of Rome depicted in Santa Maria della Rotonda, the old Pantheon, stared at the head of John the Baptist in San Silvestro in Capite, tried, but failed to read the famous Saturday mass at San Giovanni, the oldest and greatest sanctuary of Christianity, rested from a fatiguing tour through the Lateran in Santa Croce in Gerusalemme, where Pope Sylvester II, the Faustus of the Italians, was carried away by the devils, went through the catacombs with its 6 martyred Popes and 176,000 other martyrs, etc., etc.
The going-away of friends does not make the remainder more precious. It takes so much from them, as there was a common link. A, B, and C make a party. A dies. B not only loses A, but all A's part in C. C loses A's part in B, and so the alphabet sickens by subtraction of interchangeables. I express myself muddily, capite dolente. I have a dulling cold.
In Shropshire there were only five lay tenants in capite besides Roger Montgomery; in Kent, Bishop Odo held an enormous proportion of the manors, but the nature of his jurisdiction is not very clear, and its duration is too short to make it of much importance. The hereditary sheriffdoms he did not guard against with equal care.
But though the practice of horse-shoeing is said to have been introduced to this country at the time of the Conquest, it is probably of an earlier date; as, according to Dugdale, an old Saxon tenant in capite of Welbeck in Nottinghamshire, named Gamelbere, held two carucates of land by the service of shoeing the king's palfrey on all four feet with the king's nails, as oft as the king should lie at the neighbouring manor of Mansfield.
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