In old English law, a capite (from Latin caput, head) was a tenure in subinfeudation, by which either person or land was held immediately of the king, or of his crown, either by knight-service or socage. A holder of a capite is termed a tenant-in-chief.
Tenures in capite were abolished by the Tenures Abolition Act 1660.
In English law, subinfeudation is the practice by which tenants, holding land under the king or other superior lord, carved out new and distinct tenures in their turn by sub-letting or alienating a part of their lands.
The tenants were termed mesne lords, with regard to those holding from them, the immediate tenant being tenant in capite. The lowest tenant of all was the freeholder, or, as he was sometimes termed, tenant paravail. The Crown, who in theory owned all lands, was lord paramount.
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