KFLCC Kingdom Law 2nd Ed.

168

CAPITULARY

CAPITALIS

CAPITE MINUTUS.

In the civil law.

persons, places, judicial proceedings, and some kinds of property. —Capitalis baro. In old English law. Chief baron. Capitalis baro scacoartt domini regis, chief baron of the exchequer. Townsh. PI 211. —Capitalis custos. Chief warden or magis trate; mayor. Fleta, lib. 2, c. 64, § 2.—Capi talis debitor. The chief or principal debtor, as distinguished from a surety, (plegius.) —Cap italis dominns. Chief lord. Fleta, lib. 1, c. 12, §4; Id. c. 28, § 5.—Capitalis justiciari us. The ehief justiciary; the principal min ister of state, and guardian of the realm in the king's absence. This office originated under William the Conqueror; but its power was greatly diminished by Magna Charta, and final ly distributed among several courts by Edward I. Spelman ; 3 Bl. Comm. 38 —Capitalis jus ticiarius ad placita coram rege tenenda. Chief justice for holding pleas before the king. The title of the chief justice of the king's bench, first assumed in the latter part of the reign of Henry III. 2 Reeve, Eng. Law, 91, 285.—Capitalis justiciaries band. Chief justice of the bench. The title of the chief jus tice of the (now) court of common pleas, first mentioned in the first year of Edward I. 2 Reeve, Eng. Law, 48.—Capitalis justiciarius totius angliae. Chief justice of all England. The title of the presiding justice in the court of aula regis. 3 Bl. Comm. 38; 1 Reeve, Eng. Law, 48.—Capitalis plegius. A chief pledge ; a head borough. Townsh. PI. 35.—Capitalis reditus. A chief rent.—Capitalis terra. A head-land. A piece of land lying at the head of other land. He who held his land or title directly from the king himself. A captain; a naval com mander. CAPITARE. In old law and surveys. To head, front, or abut; to touch at the head, oi end. CAPITANETJS. A tenant in capite. CAPITATION TAX. One which is lev ied upon the person simply, without any ref erence to his property, real or personal, or to any business in which he may be engaged, or to any employment which he may follow. Gardner v. Hall, 61 N. C. 22; Leedy v. Bour bon, 12 Ind. App. 486, 40 N. E. 640; Head Money Cases (C. C.) 18 Fed. 139. A tax or imposition raised on each per son in consideration of his labor, industry, office, rank, etc. It is a very ancient kind of tribute, and answers to what the Latins called "tributum," by which taxes on per sons are distinguished from taxes on mer chandise, called "vectigalia." Wharton. Lat. By the head. Tenure in capite was an ancient feudal tenure, where by a man held lands of the king immediate ly. It was of two sorts,—the one, principal and general, or of the king as the source of all tenure; the other, special and subaltern, or of a particular subject. It is now abolish ed. Jacob. As to distribution per capita, see CAPITA. CAPITE. CAPITATIM. Lat. By the head; by the poll; severally to each individual.

One who had suffered capitis diminutio, one who lost status or legal attributes. See Dig. 4, 5. In Roman law. A diminishing or abridgment of personality. This was a loss or curtailment of a man's status or aggregate of legal attributes and qualifications, following upon certain changes in his civil condition. It was of three kinds, enumerated as follows: Capitis diminutio maxima. The high est or most comprehensive loss of status. This occurred when a man's condition was changed from one of freedom to one of bond age, when he became a slave. It swept away with it all rights of citizenship and all family rights. Capitis diminutio media. A lesser or medium loss of status. This occurred where a man lost his rights of citizenship, but with out losing his liberty. It carried away also the family rights. Capitis diminutio minima. The lowest or least comprehensive degree of loss of status. This occurred where a man's family relations alone were changed. It happened upon the arrogation of a person who had been his own master, (sui juris,) or upon the emancipation of one who had been under the patria potestas. It left the rights of liberty and citizenship unaltered. See Inst. 1, 16, pr.; 1, 2, 3; Dig. 4, 5, 11; Mackeld. Rom. Law, § 144. A covering for the head, mentioned in St. 1 Hen. IV. and other old statutes, which prescribe what dresses shall be worn by all degrees of persons. Jacob. CAPITULA. Collections of laws and or dinances drawn up under heads of divisions. Spelman. The term is used in the civil and old Eng lish law, and applies to the ecclesiastical law also, meaning chapters or assemblies of ecclesiastical persons. Du Cange. —Capitula coronse. Chapters of the crown. Chapters or heads of inquiry, resembling the capitula itineris. (infra) but of a more minute character.—Capitula de Judaeis. A register of mortgages made to the Jews. 2 Bl. Comm. 343; Crabb, Eng. Law, 130, et seq.—Capitula itineris. Articles of inquiry which were an ciently delivered to the justices in eyre when they set out on their circuits. These schedules were designed to include all possible varieties of crime. 2 Reeve, Eng. Law, p. 4, c, 8.—Capi tula ruralia. Assemblies or chapters, held by rural deans and parochial clergy, within the precinct of every deanery; which at first were every three weeks, afterwards once a month, and subsequently once a quarter. Cowell. A collection and code of the laws and ordi nances promulgated by the kings of the Me rovingian and Carlovingian dynasties. CAPITIS DIMINUTIO. CAPITITIUM. CAPITULARY. In French law.