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demesne|dɪˈmeɪn, dɪˈmiːn|
Forms: 4–7 demeyn, -e, 4–8 demayn, -e, 5 demene, -eigne, 5–6 demeine, 6– demain(e, 6–8 demean(e, 7–8 demeasne, demesn, 7– demesne.
[a. Anglo-F. demeyne, -eine, -eigne, -ene, later demesne = OF. demeine, -aine, -oine, originally a subst. use of the adj. demenië, demeigne, demeine, -aine, -oine, etc., belonging to a lord, seigneurial, domanial, of the nature of private property, own, proper:—L. dominic-us, -um of or belonging to a lord or master, f. dominus lord; see in Du Cange dominicus ‘proprius’, dominicum ‘proprietas, domanium, quod ad dominum spectat’. Demesne is thus a differentiated spelling of the word domain, q.v. Though the correct Latin equivalent was dominicum, in med.L. it was often represented by dominium, or by domanium, a latinized form of the vernacular word.
The Anglo-French spelling demesne of the law-books, and 17th c. legal antiquaries, was partly merely graphic (the quiescence of original s before a consonant leading to the insertion of a non-etymological s to indicate a long vowel), as in mesne = OF. meien, meen, mean, mod.F. moyen; partly perhaps influenced by association with mesne itself, in ‘mesne lord’, or with mesnie:—mansionāta house, household establishment. Demesne land was app. viewed by some as terra mansionatica, land attached to the mansion or supporting the owner and his household. Perhaps also Bracton's words (see sense 3) gave the notion that the word has some connexion with mensa. The prevailing pronunciation in the dictionaries and in the modern poets is |dɪˈmiːn|; but |dɪˈmeɪn| is also in good legal and general use, and is historically preferable: cf. the variant form domain.]
I. Possession.[In Germanic, including English, law, the primary idea in relation to property is possession, not ownership (= Roman dominium), as we now understand it. Hence, derivatives of L. dominium and proprietas became in mediæval law chiefly or even exclusively associated with possession. (Sir F. Pollock.)] 1. Law. Possession (of real estate) as one's own. Chiefly in the phrase to hold in demesne (tenere in dominico), i.e. in one's own hands as possessor by free tenure. (Formerly sometimes in pl. by confusion with senses in II.)
Applied either to the absolute ownership of the king, or to the tenure of the person who held land to his own use, mediately or immediately from the king. Opposed to ‘to hold in service’ (tenere in servitio): if A held lands, immediately or mediately of the king, part of which he retained in his own hands, and part of which were in turn held of him by B, he was said to hold the former ‘in demesne’, and the latter ‘in service’. B, in his turn, might hold his portion wholly ‘in demesne’, or partly also ‘in service’ by admitting a tenant under him. In every case, the ultimate (free) holder, ‘the person who stands at the bottom of the scale, who seems most like an owner of the land, and who has a general right of doing what he pleases with it, is said to hold the land in demesne’. Prof. F. W. Maitland.
[1292Britton iii. xv. §1 Car en demeyne porrount estre tenuz terres et rentes, en fee, et a terme de vie. Mes demeyne proprement est tenement qe chescun tient severalment en fee..Et demeyne si est dit a la difference de ceo qe est tenu en seignurie ou en service, ou en commun ovekes autres. transl. For in demeyne may be held lands and rents, in fee and for term of life. But demeyne is properly a tenement which is held severally in fee..The word demeyne is also used in distinction from that which is holden in seignory or service, or in common with others.] c1330R. Brunne Chron. (1810) 7 Romeyns, That wan it [Britain] of Casbalan in to þer demeyns. c1449Pecock Repr. iii. iii. 290 Tho whiche thei helden in her owne demenys. 1523Ld. Berners Froiss. I. ccxii. 257 All other thynges comprised in this present article of Merle and of Calais we..hold them in demayn. 1570–6Lambarde Peramb. Kent (1826) 466 The Manor of Hethe..which the King now hath in demeane. 1612Davies Why Ireland, etc. (1787) 120 When the Duke of Normandy had conquered England..he..gave not away whole shires and counties in demesne to any of his servitors. 1655Fuller Ch. Hist. iv. xiv. §32 Had not some Laws of Provision now been made, England had long since been turned part of St. Peters Patrimony in demeans. 1672Leycester in Ormerod Cheshire (1880) I. 11 The names of such towns..as Earl Hugh held in demaine at that time. 1876Freeman Norm. Conq. V. xxii. 8 A terrier of a gigantic manor, setting out the lands held in demesne by the lord.
b. in his demesne as of fee (in dominico suo ut de feodo): in possession as an estate of inheritance.
Not applied to things incapable of physical possession, such as an advowson, for which the phrase is ut de feodo, or ut de feodo et jure. (Elphinstone, etc. Interpr. of Deeds, 1885, 571–2.) The phrase is quite erroneously explained by Cowell, Interp. s.v. Demaine.
[1292Britton i. xxi. §4 Terres..qe il ne avoint en lour demeyne cum de fee. transl. Which they held in their demesne as of fee.] 1491Act 7 Hen. VII, c. 12 §5 As gode..as if the King were seised of the premises in his demesne as of fee. 1512Act 4 Hen. VIII, c. 13 Preamb., [They] enteryd into the sayd Maners..& thereof wer seased in ther demean as of Fee in Cooparcenery. 1574tr. Littleton's Tenures 4 b, Suche one was seised in his demeane as of fee. 1628Coke On Litt. 17 a, In his demesne as of fee, in dominico suo ut in feodo. 1642Perkins Prof. Bk. ix. §612. 265 Hee..died seised of the Land in his demeasne as of fee.
c. in ancient demesne: see 4.
†2. transf. and fig. Possession; dominion, power.
c1300K. Alis. 7561 That soffred theo duyk Hirkan To have yn demayn othir woman. c1386Chaucer Monk's T. 675 Alisandre..That all the world weelded in his demeyne [v.r. demeigne, demeygne]. c1400Rom. Rose 3310 To bidde me my thought refreyne, Which Love hath caught in his demeyne. 14..Epiph. in Tundale's Vis. 113 Sche that hath heven in hur demeyn. 1508Will of Payne (Somerset Ho.) [Goods that Jesu] hath suffred me to haue in my demayn in this worlde. a1541Wyatt Poet. Wks. (1861) 56 Since that thou hast My heart in thy demain, For service true. 1747Carte Hist. Eng. I. 32 Such was the place the Druids chose for their habitation, and they seem to have enjoyed it in demesne.
II. A possession; an estate possessed.
3. An estate held in demesne: land possessed or occupied by the owner himself, and not held of him by any subordinate tenant.
a. In the wider sense, applied to all land not held of the owner by freehold tenants, i.e. including lands held of him by villein or copyhold tenure.
b. In a more restricted sense, excluding the land held by the villeins or copyholders, and applied only to that actually occupied or held ‘in hand’ by the owner. (Cf. Vinogradoff, Villainage in Engl. 223–4.) Hence
c. in modern use, The land immediately attached to a mansion, and held along with it for use or pleasure; the park, chase, home-farm, etc.
[c1250Bracton iv. iii. ix. §5 Est autem Dominicum, quod quis habet ad mensam suam & proprie, sicut sunt Bordlands Anglice. Item dicitur Dominicum Villenagium, quod traditur villanis, quod quis tempestivè & intempestivè sumere possit pro voluntate sua & revocare. 1292Britton i. xix. §1 Queus demeynes nous tenoms en nostre meyn en cel counté. transl. What demeynes in the same county we hold in our hands.] 1398Trevisa Barth. De P.R. xiv. l. (Tollem. MS.), ‘Prædium’ is a felde oþer demayn, þat an husbonde ordeyneþ for him selfe, and cheseþ tofore all oþer. 1523Fitzherb. Surv. 2 It is to be inquered how many feldes are of the demeyns and howe many acres are in euery felde. 1541Act 33 Hen. VIII, c. 32 The tenauntes..vpon the demeanes of the saide late monasteri. 1562Act 5 Eliz. c. 21 §1 Noblemen..have imparked, invironed and inclosed many Parcels of their said Demeans. 1613Sir H. Finch Law (1636) 145 Land in the Lords hands (whereof seuerall men hold by suite of Court) is termed a Mannor: the land considered apart from the seruice, is termed demesnes. 1641Termes de la Ley 107 b, Demaines, or Demesnes, generally speaking according to the Law, be all the parts of any Manor which be not in the hands of freeholders of estate of inheritance, though they be occupied by Copiholders, Lessees for yeeres or for life, as well as tenant at will..Yet in common speech that is ordinarily called Demesnes, which is neither free nor copy. 1818Cruise Digest (ed. 2) I. 47 Two material causes of a manor are demesnes and services.
b , c.1538Leland Itin. I. 71 Sokbourne where as the Eldest House is of the Coniers, with the Demains about of it, a Mile Cumpace of exceding plesaunt Ground. 1623Cockeram, Demaynes, the Lords Manor house. 1670Cotton Espernon i. iii. 128 This Castle with the demean and territory belonging to it. 1732Swift Proposal for Act of Parl. Wks. 1841 II. 123 Applying 100 acres of..land that lies nearest his palace as a demesne for the convenience of his family. 1844Disraeli Coningsby iii. iv, A grassy demesne, which was called the Lower Park. 1866Geo. Eliot F. Holt viii, Except on the demesne immediately around the house, the timber had been mismanaged. 1875Maine Hist. Inst. vii. 194 Reserving to himself only the mansion and the demesne in its vicinity.
d. demesne of the Crown, Royal demesne: the private property of the Crown, Crown-lands. demesne of the State, State demesne: land held by the state or nation, and of which the revenues are appropriated to national purposes.
1292[see 4]. c1460Fortescue Abs. & Lim. Mon. x, The Kyng off Ffraunce myght not sumtyme dyspende off his demaynes, as in lordeshippes, and oþer patrimonie peculier, so mich as myght tho the Kynge off England. a1577Sir T. Smith Commw. Eng. (1609) 69 The revenues of the crowne, as well that which came of patrimonie, which we call the demeasnes. 1580North Plutarch (1676) 684 Part also they [the Romans] reserved to their State as a demean. 1650Fuller Pisgah ii. 57 Converting them into demeans of his Crown. 1698Sidney Disc. Govt. iii. §29 (1704) 360 According to the known maxim of the State, that the demeasnes of the Crown..cannot be alienated. 1759Robertson Hist. Scotl. I. iii. 226 These were part of the royal demesnes. 1832W. Irving Alhambra I. 40 The Alhambra continued a royal demesne, and was occasionally inhabited by the Castilian monarchs. 1838Arnold Hist. Rome (1846) I. xiv. 271 The mass of the conquered territory was left as the demesne of the State. 1874Green Short Hist. ii. §6. 89 The bulk of the cities were situated in the royal demesne.
4. ancient demesne: a demesne possessed from ancient times; spec. the ancient demesne of the crown, i.e. that property which belonged to the king at the Norman Conquest, as recorded in Domesday-book, called in 1 Edw. VI. c. 4 ‘his ancient possessions’. The tenants of such lands had various privileges, hence the phrase came to be applied elliptically to their tenure, as in tenants in, or by ancient demesne, to plead ancient demesne.
[1292Britton iii. ii. §12 Auncienes demeynes sount terres de nos veuz maners annex a nostre Coroune, en les queles demeynes demurent acunes gentz fraunchement par chartre feffez, et ceux sount nos frauncs tenauntz. transl. Ancient demeynes are lands which were part of the ancient manors annexed to our Crown, in which demeynes dwell some who have been freely enfeoffed by charter,—and these are free tenants.] 1522Act 13 Hen. VIII, Stat. Ireland (1621) 73 Any person.. seised of lands..in fee simple, fee taile, or for terme of life, copyholde, and auncient demeane. 1577Hanmer Anc. Eccl. Hist. (1619) 177 The sundry and ancient demaines of husbandmen were quite done away. 1651G. W. tr. Cowell's Inst. 94 The service of ancient Demesn is that which the tenants of the ancient Demesnes of the King performed. Now ancient Demesne is all that which was immediately held of the King St. Edward, or William the Conquerour. 1708Termes de la Ley 40 Ancient demesne or demayn is a certain Tenure whereby all Mannors belonging to the Crown in the days of William the Conqueror were held. 1810in Risdon's Surv. Devon App. 17 Places..priviledged, and free from Tax and Toll..some by ancient Demesne. 1817W. Selwyn Law Nisi Prius (ed. 4) II. 693 Application was made for leave to plead ancient demesne. 1818Cruise Digest (ed. 2) V. 116 Tenants in ancient demesne could not sue or be sued for their lands in the King's courts.
fig.1553T. Wilson Rhet. 18 b, Custome encreaseth natures will, and maketh by auncient demeane thynges to bee justly observed whiche nature hath appoyncted.
5. By extension:
a. The land or territory subject to a king or prince; the territory or dominion of a sovereign or state; a domain.
1387Trevisa Higden (Rolls) I. 201 A lond in þe myddel bitwene þe demeynnes of Rome and Apulia. 1659B. Harris Parival's Iron Age 53 The Low-countries, which had formerly been of the Demaynes of France. 1670Cotton Espernon i. i. 3 Jane Albret Queen of Navarre, a great Fautress to those of the Reformed Religion..desirous to draw all places within her demean into the same perswasion. 1871Browning Balaust. 1464 And I was son to thee, recipient due Of sceptre and demesne.
b. Landed property, an estate; usually pl. estates, lands.
1584D. Powel Lloyd's Cambria 123 Borough townes with the Demeanes of the same. 1592Shakes. Rom. & Jul. iii. v. 182 A Gentleman of Noble Parentage, Of faire demeanes. 1598R. Barckley Felic. Man (1631) 359 Whose house should contain no greater circuit than Cincinnatus' demaines. 1607G. Wilkins Mis. Enforced Marriage in Hazl. Dodsley IX. 473 Our demesnes lay near together. 1735Somerville Chase i. 104 By smiling Fortune blest With large Demesnes, hereditary Wealth. 1844Disraeli Coningsby ii. ii, The noble proprietor of this demesne had many of the virtues of his class. 1856Emerson Eng. Traits, Manners Wks. (Bohn) II. 48 If he is rich, he buys a demesne, and builds a hall.
6. fig. A district, region, territory; domain.
1592Shakes. Rom. & Jul. ii. i. 20 By her Fine foote, Straight leg, and Quiuering thigh, And the Demeanes, that there Adiacent lie. 1659Hammond On Ps. lxxxiii. 12 Annot. 416 These pastures and fat demeans of God. a1821Keats Sonn., Chapman's Homer, One wide expanse..That deep-browed Homer ruled as his demesne [rime serene]. 1851Nichol Archit. Heav. 99 Alas! that the demesne of knowlege is so uncleared.
†7. pl. Estate, means. [Probably associated with the latter word.] Obs.
1627–77Feltham Resolves i. liii. 84 In this fall of their melted demeans, they grow ashamed to be publicly seen come short of their wonted reuelling. 1629Massinger Picture i. i, You know How narrow our demeans are. 1650W. Brough Sacr. Princ. (1659) 323 Can he want demeanes that is such a Prince?
III. attrib. or as adj.
[The original OF. adjective use, = ‘own’, does not appear to have come into English; it was common in Anglo-Fr. (e.g.1292Britton iii. xx. §3 Ne tint mie les tenementz en soen noun demeyne—transl. Did not hold the holdings in his own name), and it persisted down to modern times, also, in a few technical phrases, e.g. son assault demesne, ‘[it was] his [the plaintiff's] own assault’, the common plea in justification on the ground of self-defence to an action for battery.
1809Tomlins Law Dict. II. 3 H. b/1 s.v. Pleading, In an action of assault and battery [a man with leave of Court may plead] these three [pleas]: Not guilty, Son assault demesne, and the Statute of Limitations. ]
8. Of or pertaining to a demesne (3): demesnial.
1533St. Papers Hen. VIII, IV. 634 We brynt theis townes..with many oder by steadinges, and demayn places. 1801Strutt Sports & Past. i. i. 14 Excepting only the king's own desmean park. 1839T. Stapleton Plumpton Corr. (Camden) p. xviii, Allowed to assart the demesne woods. 1861Times 10 Oct., Extensive demesne farms are occupied..by the larger proprietors.
b. esp. in demesne lands, lands of a demesne.
14..Tretyce in W. of Henley's Husb. (1890) 44 Corne is sowen upon your demayn londis. 1558–9Act 1 Eliz. c. 19 §2 Any the Demean Landes commonly used or occupyed with any suche Mansion or Dwelling House. 1654Fuller Two Serm. 49 King William..caused a Survey-Booke to be made of all the Demesne Lands in England. 1710Prideaux Orig. Tithes iv. 193 The Grant of Tithes was not only for the King's demain lands, but for all the lands of the whole Kingdom. 1846Arnold Later Hist. Rome II. x. 275 The State never lost its right of re-entering into the possession of its demesne lands, if the tenants..ceased to occupy them. 1861Times 16 Oct., Most of the large farms, not demesne lands farmed by the proprietor, are under lease. |