Legal Definitions - capiendo securitatem pro duplicatione feudifirmae

Definition: Capiedo securitatem pro duplicatione feudifirmae is a Latin legal term that means "by taking caution for the payment of a double of the feu-duty." This term is used in a precept for entry of an heir, and it cautions against taking a double feu payment when the investiture did not expressly provide for it.

Example: Let's say that John inherited a property from his father, who had paid a feu-duty of $100 per year. When John goes to claim the property, he is required to pay the same amount of feu-duty. However, if the investiture did not expressly provide for a double payment, John should not be required to pay $200 per year. Capiedo securitatem pro duplicatione feudifirmae would protect John from having to pay more than what was originally agreed upon.

Explanation: The example illustrates how capiendo securitatem pro duplicatione feudifirmae protects heirs from being required to pay more than what was originally agreed upon in the investiture. This legal term ensures that heirs are not taken advantage of and that they are only required to pay what is fair and just.