S. VII. Feb. 19. '69.] 



NOTES AND QUERIES. 



151 



2967. of The Evening Post, from Thursday, July 

 25, to Saturday, July 27, 1728 : — 



" Just Publish'd. The Military Memoirs of Capt. 

 George Carleton. From the Dutch War, 1672 (in Avhich 

 he serv'(i), to the Conclusion of the Peace at Utrecht, 

 1713. Illustrating some of the most remarkable Trans- 

 actions, both by Sea and Land, during the Reigns of 

 King Charles and King James II., hitherto unobserv'd 

 by all the Writers of those Times. Together with an 

 exact Series of the War in Spain ; and a particular De- 

 scription of the several Places of the Author's Residence 

 in many Cities, Towns, and Countries; their Customs, 

 Manners, &c. Also Observations on the Genius of the 

 Spaniards (among whom he continued some Years a Pri- 

 soner), their Monasteries and Nunneries (especially that 

 fine one at Montserat), and on their public Diversions ; 

 more particularly their famous Bull Feasts. Printed for 

 E. Symon, over against the Royal Exchange, Cornhill." 



As the above corresponds in every respect with 

 the title of the Memoirs as quoted by Wilson, 

 most probably that writer derived his knowledp;e 

 from it. J. Y. 



Was Walter Scott the editor of the edition 

 in 8vo., pp. 463., published at Edinburgh in 1808? 

 This I presume was the third edition. In a note 

 at p. xiv. of the preface is a transcript of the title- 

 page (if the (second) edition, of 1743, which agrees 

 with a copy in my possession. Was the fourth 

 edition, with the date 1809, that of 1808 with a 

 new title-page ? Joseph Rix. 



St. Neots. 



ANCIENT DEMESNE TENURE. 



(2"* S. vii. 87.) 



A few remarks on this subject — a remnant of 

 the feudal institutions — will not perhaps be out 

 of place in "N. & Q.," and may be the means of 

 affording some information to others, if not to 

 Mr. Taylor : the authorities are scanty, and 

 rarely to be met with. 



The tenure is confined to such manors and 

 lands held in socage of manors, as were actually 

 in the hands of the crown in the time of Edward 

 the Confessor or William the Conqueror, and 

 are so expressed to be in Doomsday Book, wherein 

 the former are described as " terra Regis Ed- 

 vardi" and the latter as " terra regis." 



Britton, who is followed by Fleta, calls the ten- 

 ants sokemans, and their tenure sokemanries ; 

 which he describes to be " lands or tenements not 

 held by knight service, nor by grand serjeantry, 

 , nor by petit, but by simple services, being as it 

 were enfranchised by the king or his predecessors 

 from their ancient demesne." (Blackstone.) 



There are three sorts of tenants in ancient de- 

 mesne. 1st. Those holding of a manor which is 

 ancient demesne, who are described as having 

 continued for a long time pure and absolute vil- 

 leins, dependant on the will of the lord, and called 



copyholders of base tenure. They hold by copy 

 of court roll at the will of the lord, and in a few re- 

 spects only differ from common copyholders. 2nd. 

 Those holding of a manor which is ancient demesne, 

 but not at the will of the lord, called customary free- 

 holders, whose estates pass by deed of grant, or 

 bargain and sale and admittance thereon at the 

 Lord's Court. 3rd. Those holding freely by grant 

 of the king : these are described as " in great mea- 

 sure enfranchised by the royal favour ; being only 

 bound in respect of their lands to perform some 

 of the better sort of villein services, but those de- 

 terminate and certain ; as to plough the king's 

 land for so many days, to supply his court with 

 such a quantity of provisions, or other stated ser- 

 vices : all of which are now changed into pecuniary 

 rents." 



Lord Coke (4 Inst, 269.) shows the origin of 

 the tenure : — 



" They plowed the king's demesnes of his manors, 

 sowed and harrowed the same, mowed and made his 

 medows, and other such services of husbandry for the 

 sustenance of the king and his honourable houshold, 

 maintenance of his stable, and other like necessaries per- 

 taining to the king's husbandry. And to the end these 

 tenants might the better apply themselves to their la- 

 bours for the profit of the king, they had six priviledges." 



And then proceeds to the enumeration of the 



privileges : — 



" First, That thej' should not be impleaded for any of 

 their lands, &c., out of the said manor, but have justice 

 administered to them at their own door by the little writ 

 of Right Close directed to the Bailiffs of the King's Ma- 

 nors, or to the Lord of the Manor, if it be in the hands 

 of a subject; and if they were impleaded out of the 

 Manor, they may abate the Writ." 



The writ of right-close alluded to was abolished, 

 with almost all other actions, by stat. 3 & 4 Wm. 

 IV. c. 27. The plea might have been removed 

 out of the Lord's Court by the tenant for seven 

 causes ; as, amongst others, if the lands were not 

 ancient demesne, or had become frank free ; if 

 there were no suitors, or only one, they being the 

 judges of the court, or if the demandant was 

 steward. But the plea was not removable by the 

 demandant for any cause. It may be observed 

 that the writ of right-close was not maintainable 

 by the tenants described in the first class. 



2. " They cannot be impannelled to appear at Westm., 

 or elsewhere, in any other Court upon any inquest or 

 trial of any cause." 



This non-liability to serve on juries is noticed 

 in the arguments in the case of Rex v. Bettsworth 

 (rep. 2 Shower 75.), in the time of Charles II. ; 

 which case decided that the tenants are not exempt 

 from serving the office of high constable. The 

 following observation of Chief Justice Scroggs in 

 that case is worth noting : — 



" The first reason and ground of their privileges was 

 the manuring the king's land, and they were always sup- 

 posed to have no other estate; in truth anciently they 

 were nothing but the king's ploughmen." 



