Jurisdictions, Part 95 – Part 96
Note the tenure and tryall of ancient demeſne, and who ſhall plead ancient demeſne.
LAnds which are ancient Demeſne are Soccage, Fitzh. fol. 11.
Tenants in ancient Demeſne, are thoſe which hold of the Mannors which were in the hands of Saint Edward the Confeſſor, at the time that the Book of Doomſday was made; but the Lands written in that Book, to be in other mens hands, are not ancient Demeſne, Fitz. 16. E.
All the Lands which were in the ſeiſin of Saint Edward the Confeſſor, when the Book of Doomſday was made, are called ancient Demeſne, and the Lands in other hands, &c. Frank fee, Natura brevium, fol. 14.
If the Land be ancient Demeſne or not, ſhall be tryed by the Book of Doomſday, 49 Ed. 3. fol. 22. In Monſtraverunt.
Aſſiſe, The Tenant pleads that the Land was ancient Demeſne, and it was tryed by Aſſiſe in the Book of Notting, and alſo North. 8 Ed. 2. Statham, fol. 20.
Triall of ancient Demeſne is by the book of Doomſday, and by that it was certified that London was not ancient Demeſne, 7 H. 6. fol. 34.
In Aſſiſe of Mortdanceſter, ancient Demeſne was tried by the Country, 8 Book Aſs. 35. 9 Book Aſs. 9. the ſame.
In Aſſiſe, the tenant ſaith that it was parcell of the Mannor of B. which is ancient Demeſne and the other ſaith that it is not parcell, and upon this at iſſue, and that was tryed by Aſſiſe, 12 Book of Aſſiſes 18.22 Book. of Aſſiſes 45. the ſame.
Aſſiſe, none ſhall plead ancient Demeſne but he which is Tenant, and not the Diſſei…or, 21 Book of Aſs. 2.41 Ed. 3 tit. 22. the ſame.
If Land be in the book of Doomſday, written under the Title, Land of the Biſhop, and not Land of the King, yet though it be in the book of Doomſday, it is no ancient Demeſne, 40 Ed. 3. fol. 45.
Form of Pleadings, that the Land is ancient Demeſne, and how he ſhall ſue for ancient Demeſne, and for Copy-hold in ancient Demeſne.
BY Priſot, he which pleads ancient Demeſne, ſhall ſay that the Land is held of the Mannor of D. which is ancient Demeſne, and pleadable by a petty VVrit of Right cloſe from time out of minde, and demand judgment if the Court will acknowledge, 36 H. 6. fol. 18.
3. H. 6. fol. 48. But ſee by Thirne, and granted that frank Fee may be held of a Mannor of ancient Demeſne, 11 H. 4. fol. 85.
Precipe, the Tenant ſaith that the Land was parcell of the Mannour of D. which is ancient Demeſne and pleadable by petty VVrit of right cloſe, time out of minde, and demand judgment if the Court will acknowledge, and it is no Plea for the Demandant to ſay to that, that it is frank fee, for that, that it doth not gainſay, but that the Mannor is ancient Demeſne, and that this is parcell, but he ought to plead ſpecially, how it is become frank fee, 41 Ed. 3. f. 22.12 Book of Aſſ. 16.22. Book of Aſſ. 45.
Right cloſe lieth alwaies between Plow-holders, and no Plow-holder may implead another Plow-holder of Lands in ancient Demeſne, unleſſe by this VVrit; and ſhall make in this his proteſtation to ſue in nature of what VVrit he will, as his caſe is, Nat. Brevium fol. 11.
They call Tenants in ancient Demeſne Sokemaines, Britton fol. 105.
Copy-holder of baſe Tenure ſhall not have a Right cloſe, but ought to ſue by Bill in the Lords Court, but copy-holder in ancient Demeſne of free-tenure ſhall have that, Fitzh. fol. 11.
The King ſhall have yeare, day, and waſt, of Lands in ancient Demeſne, if it be ſo that the Tenant have ſold them againſt his Lords will, and yet not the Lands paſt by ſurrender, Stam. fol. 50. Note this is where the copyholders in ancient Demeſne have uſed time out of minde to ſue for them by petty Writ of Right cloſe, and ſo is 14 H. 4. fol. 1. by Hank and 14. H. 4 fol. 34. and ſee 3 Ed. 3. Br. tit. copy-hold 22. And in theſe ſurrenders of Lands in ancient Demeſne of frank tenure it is not uſed to ſay, (to hold at the will of the Lord) in theſe copies, but (to hold according to the cuſtome of the Mannor) by the Services before due, and is not ſaid there, (at the Will of the Lord.)
Ancient Demeſne is Socage Tenure, for they are called Sokemaines, Fitzh. 14. C.
By what Writ Execution ſhall be in ancient Demeſne, and by what not, and ſhall be free of Toll, &c.
EXecution of Writs in ancient Demeſne cannot be, for that Execution is given by Weſtm. 2. chap. 18. and that the Statute is, if they be ejected of thoſe Tenements they have to recover by a VVrit of new Diſſeiſin, 22 Book of Aſſ. 45.
Upon a Statute Merchant execution was awarded of Lands in ancient Demeſne, Br. Tit. 37.
Debt againſt Heire, if he hath Lands in ancient Demeſne they ſhall be charged as Aſſets, 7 H. 4. fol. 15.
Thoſe Tenants of ancient Demeſne are quit of Toll, and paſſages for Goods ſold and bought in Faires and Markets, and to be quit of Taxe and Tallage of Parliament; unleſſe they be taxed by the Parliament, and to be quit of expences of Knights of Parliament, and ſhall not be put upon Juries and Inqueſts out of ancient Demeſne for Lands of ancient Demeſne, Eitzh. 14.
Court of Pipowders.
Let us ſee the nature and authority of Court of Pipowders.
COurt of Pipowders is a Court of Record and the Steward is Judge, for that that there are no Suitors there, and for that error lieth there upon erronious judgment given, and not a VVrit of falſe judgment, 6 Ed. 4. fol. 3.7 Ed. 4. fol. 23. That errour lieth there.
It was held that a Court of Pipowders may be by cuſtome in a City without Faire or Market, and therefore where it was aſſigned for error upon a Record given in a Court of Pipowders, according to the cuſtome of the City held, &c. And though it be not (in full Market or Faire) it was adiudged no errour, 13 Ed. 4. f. 8.
Treſpaſſe of Goods taken, the Defendant iuſtifies as Bailif of the Town of Rippon, by vertue of a command of execution of a iudgment given againſt the Plaintif in Debt, in Court of the ſaid Faire at Rippon, and for that, that the Plaintif did not make agreement for the Debt recovered againſt him within ten daies, after iudgment given, he makes price of the Goods by Merchants of the Town of Rippon, and for that makes agreement with the party, and this Juſtification was good, 20 Book of Aſſiſe 90.
It was enacted that no Steward ſhall hold Plea in this Court, unleſſe the Plaintif or his Attorney makes Oath that the fact or contract was made within the Faire, and if it were the contrary he ſhould forfeit 100 s. 17 Ed. 4. chap. 2. tit. Faires the fourth.
In Court of Pipowders the Plaintif or his Attorney ſhall be examined by Oath if the matter roſe within the Faire, and the Defendant alſo may pleade that this aroſe in a forrain place, 1 R. 3. chap. 6.
Debt in the common Bench againſt Mawd, and counts that he had recovered ten Markes againſt the ſaid Mawd in Court of Pipowders at Everwick, and the Plaintif by Certiorare removes (the Tenor of the Record) in the Chancery, and from thence by (Mittimus) into the common Bench to have execution, and attachment was made upon the Originall, at the ninth houre, and he appears and pleaded, and a (Venire facias) went out, returnable at the third houre after the ninth, and ſo in Court of Pipowders the proceſſe is from houre to houre, 7 H. 6. fol. 19.
The book of Entries, fol. 167. See there the form of the Count and (Precipe) of ſummoning in this Court; and the Proceſſe of (Capias) and proceeding in Debt in this Court, and Debt againſt a Jaylor for eſcape in Title, Debt.
The book of Entries fol. 18. See (Scire facias) to have execution upon iudgment given in a Court of Pipowders, in an action of account brought there, and removed into the common Bench to have execution of that iudgment.
And it ſeems breifly that nothing ſhall be ſued here, unleſſe the contract or deed were made within the Precinct of the Faire or Market, as it appeares above, and for that Informations of penall Statutes ought not to be ſued in this Court, of things and Offences made out of Faires and Markets, as inſufficient tanned Leather, carryed to be ſold in Faires againſt the Statutes, alſo this Court is ordained only for haſty redreſſe of things there during the Faire.