In medieval and early modern European society the term tenant-in-chief, sometimes vassal-in-chief, denoted the nobles who held their lands as tenants directly from king or territorial prince to whom they did homage, as opposed to holding them from another nobleman or senior member of the clergy.[1][2] Other names for tenant-in-chief were captal or baron.[1] The Latin term was tenentes in capiti,[3] or in capite;[4] "tenant-in-chief" was a later translation, rather than one from the Middle Ages.[5]
In most countries allodial property could be held by the monarch, laypeople or the church, however in England after the Norman Conquest, the king became, in law, the only allodist; thus all the lands in England were the property of the Crown.[6][7] A tenure by frankalmoin, which in other countries was regarded as a form of privileged allodial holding, was in England regarded as a feudal tenement.[7] Every estate was regarded as a tenement whether directly or indirectly held of the king.[7] In England, a tenant-in-chief could enfief, or grant fiefs to, his own followers. The creation of subfiefs under a tenant-in-chief or other fief-holder was known as subinfeudation.[3] The Norman kings, however, imposed on all free men who occupied a tenement a duty of fealty.[7] This was to diminish the possibility of sub-vassals being employed by tenants-in-chief against the crown.[7]
The lands held by a tenant-in-chief, in England, were called an honour.[8] As feudal lord the king had the right to collect scutage, from the barons who held these honours.[9] Scutage was a tax collected from vassals in lieu of military service.[9] The payment of scutage rendered the crown more independent of the feudal levy and enabled it to pay for troops on its own.[8] Once a tenant-in-chief received a demand for scutage, the cost was passed on to the subtenants and thus came to be regarded as a universal land tax.[9] This tax was part of a taxation system that had been created under the Anglo-Saxon kings to raise money to pay off the invading Danes, in a system known as geld.[10]
In the great feudal survey Domesday Book, tenants-in-chief were listed first in each county's entry.[2] When an English tenant-in-chief died, his or her land reverted to the crown until the heir paid a sum of money (a relief), and was then able to take possession (livery of seisin) of the lands.[11] However, if the heir was under age (under 21 for a male heir, under 14 for an heiress) they would be subject to a feudal wardship where the custody of their lands and the right to arrange their marriage passed to the monarch, until they came of age.[11] The wardship and marriage was not usually kept in Crown hands, but was sold, sometimes to the next of kin, often simply to the highest bidder.[11] Then when an heir came of age, he or she passed out of wardship but could not enter upon their inheritance until, like all heirs of full age on inheritance, they had sued out their livery.[12] In either case, the process was complicated.[12] Eventually a warrant was issued for the livery to pass under the Great Seal.[12] The Court of Wards and Liveries administered the funds received from the wardships, marriages and the granting of livery; both courts and practice were abolished in 1646.[13]