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CAPITE

Volume 4 · 176 words · 1797 Edition

in law, (from capui, i.e. rex; whence tenere in capite, is to hold of the king, the head or lord paramount of all the lands in the kingdom): An ancient tenure of land, held immediately of the king, as of his crown, either by knight's service, or by socage. It is now abolished. See Tenure.

CAPITI Censi, in antiquity, the lowest rank of Roman citizens, who in public taxes were rated the least of all, being such as never were worth above 365 asses. They were supposed to have been thus called, because Capitol, they were rather counted and marshalled by their heads than by their estates. The capite censi made part of the fifth class of citizens, being below the proletarii, who formed the other moiety of that class. They were not enrolled in the army, as being judged not able to support the expense of war; for in those days the soldiers maintained themselves. It does not appear, that before Caius Marius any of the Roman generals lifted the capite censi in their armies.