ANCIENT DEMESNE, or Demain, is a Tenure, whereby all Manors belonging to the Crown in William the Conqueror’s, and St. Edward's time, were held.
See TENURE and DEMESNE.
The Numbers, Names, etc., hereof were entered by the Conqueror in a Book called Domesday-Book, yet remaining in the Exchequer; so that such Lands as by that Book appeared to have belonged to the Crown at that time, are called Ancient Demesne. See DOMESDAY.
The Tenants in Ancient Demesne are of two sorts: one who holds their Lands frankly by Charter; the other by Copy of Court-Roll, or by the Verge at the Will of the Lord, according to the Custom of the Manor. See FREEHOLD, COPYHOLD, etc.
The Advantages of this Tenure are, 1. That Tenants holding by Charter cannot be rightfully impleaded out of their Manor; and when they are, may abate the Writ by pleading the Tenure.
2. They are free from Toll for all things relating to their Livelihood and Husbandry; nor can be impaneled on any Inquest.
These Tenants held originally by plowing the King's Land, plashing his Hedges, and the like Services, for the maintenance of his Household; and it was on this account such Liberties were given them, for which they may have Writs to such as take the Duties of Toll, etc.
See SERVICE, etc.
No Lands are to be accounted ancient Demesne, but such as are held in Socage. See MONSTRAVERUNT.
ANCIENT DEMESNE
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- Written by: Ephraïm Chambers
- Category: Unclassified