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Legal Definitions - court of ancient demesne
Definition of court of ancient demesne
A court of ancient demesne was a historical local court in England that operated within specific lands known as "ancient demesne." These were properties directly owned by the Crown (the monarch) at the time of the Domesday Book survey in 1086. Unlike typical courts with professional judges, this court was presided over by the freeholders—individuals who owned land outright within that particular ancient demesne. These freeholders served as judges, resolving local disputes and managing affairs specific to those Crown lands, much like a court baron would function in an ordinary manor.
Imagine a dispute in 14th-century England between two farmers, John and Thomas, who both held their land directly from the King within a recognized ancient demesne. They disagreed over the exact boundary separating their fields, which affected their grazing rights. Instead of appealing to a distant royal court, their case would be brought before the local court of ancient demesne. Here, other freeholders from the same Crown land would listen to both sides, examine evidence, and make a judgment based on local customs and records, effectively acting as the jury and judges for their peers.
Consider a scenario where a freeholder named Eleanor, living on land designated as ancient demesne, wished to formally transfer a portion of her property to her son, Richard, before her death. To ensure the transfer was legally recognized and recorded according to the specific customs of ancient demesne, Eleanor and Richard would present their intention to the court of ancient demesne. The freeholders of the court would review the proposed transfer, ensure it complied with local traditions and Crown rights, and officially sanction its recording, thereby validating Richard's new ownership within that unique landholding system.
In a village situated on ancient demesne land, the community relied on a shared common pasture for their livestock. A long-standing custom dictated that each freeholder could only graze a certain number of animals to prevent overgrazing. If a new freeholder, William, began to exceed this limit, causing hardship for others, the other freeholders could bring a complaint to the court of ancient demesne. The court, composed of their fellow freeholders, would hear the grievance, confirm the established custom, and issue a ruling to ensure William adhered to the community's traditional regulations for the common good of the Crown's ancient demesne.
Simple Definition
A court of ancient demesne was a historical English court that heard disputes related to lands held directly by the Crown. It was comprised of the freeholders of these "ancient demesne" lands, who acted as judges. Their function was similar to that of freeholders in a court baron.