Demesne in United Kingdom

History

Demesne (Demeine, Demain, Domain, &c.) (The form “demesne” is an Anglo-French spelling of the Old Fr. demeine or demaine, belonging to a lord, from Med. Lat. dominicus, dominus, lord; dominicum in Med. Lat. meant proprietas (see Du Cange). From the later Fr. domaine, which approaches more nearly the original Lat., comes the other Eng. form “domain,” which is chiefly used in a non-legal sense of any tract of country or district under the rule of any specific sovereign state, etc. “Domain” is, however, the form kept in the legal phrase “Eminent Domain” (see this term)), that portion of the lands of a manor not granted out in freehold tenancy, but (a) retained by the lord of the manor for his own use and occupation or (b) let out as tenemental land to his retainers or “villani.” This demesne land, originally held at the will of the lord, in course of time came to acquire fixity of tenure, and developed into the modern copyhold (see Manor).

It is from demesne as used in sense (a) that the modern restricted use of the word comes, i.e. land immediately surrounding the mansion or dwelling-house, the park or chase. Demesne of the crown, or royal demesne, was that part of the crown lands not granted out to feudal tenants, but which remained under the management of stewards appointed by the crown. These crown lands, since the accession of George III., have been appropriated by parliament, the sovereign receiving in return a fixed annual sum (see Civil List). Ancient demesne signified lands or manors vested in the king at the time of the Norman Conquest. There were special privileges surrounding tenancies of these lands, such as freedom from tolls and duties, exemption from danegeld and amercement, from sitting on juries, &c. Hence, the phrase “ancient demesne” came to be applied to the tenure by which the lands were held. Land held in ancient demesne is sometimes also called customary freehold. (See Copyhold.)(1)

Meaning of Demesne

The following is an old definition of Demesne [1]: Own, one’s own; original. Demesne land. Land reserved by the lord of a manor for the use of himself and household. Ancient demesne. Tenure of manors belonging to the crown in the days of Edward the Confessor and William the Conqueror, and referred to in Domesday book. Demesne lands of the crown. Reservations of the crown at the original distribution, or such as came to it afterward by forfeiture or other means. Comprised divers manors, the tenants of which had peculiar privileges. Seised in his demesne as of fee. Formal words expressing the highest estate a subject can have in land. It is his property or dominicum, since it is for him and his heirs forever, not absolute, but in a qualified or feudal sense; and as of fee, because not purely and simply his own, since it is held of a feudal superior. The owner of an incorporeal hereditament is said to be “seised as of fee.” and not “in his demesne; ” since he has no property in the thing itself, but some-thing derived out of it. ” Seised in his demesne as of tee ” is an allegation that the person is seised in fee-simple.

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Notes and References

1. Concept of Demesne provided by the Anderson Dictionary of Law (1889) (Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims and an Exposition of the Principles of Law: Comprising a Dictionary and Compendium of American and English Jurisprudence; William C. Anderson; T. H. Flood and Company, Law Publishers, Chicago, United States)

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Notes and References

1. Encyclopedia Britannica (1911)

See Also

Further Reading

English Law: Demesne in the Past

The name given to that portion of the Iands of a manor which the lord keeped in his own hands for the use of himself and family. These lands were called terra dominicales or demesne lands, because they were occupied by the lord or dominus manerii and his servants, etc. 2 Bl. Com. 90. Vide Ancient Demesne; Demesne as of fee; and Soil assault demesne. [1][rtbs name=”history-of-english-law”]

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Notes and References

1. Partialy, this information about demesne is based on the Bouvier´s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier´s Law Dictionary, including demesne.

See Also