单词 | demesne |
释义 | demesnen. 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 Latin dominium and proprietas became in mediæval law chiefly or even exclusively associated with possession. (Sir F. Pollock.)] 1. a. 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 plural 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. ΘΚΠ society > law > legal right > right of possession or ownership > tenure of property > [noun] > freehold > tenure from Crown demesnec1330 domaina1500 capite landa1626 1292 Britton 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.] c1330 R. Mannyng Chron. (1810) 7 Romeyns, That wan it [Britain] of Casbalan in to þer demeyns. c1449 R. Pecock Repressor (1860) 290 Tho whiche thei helden in her owne demenys. 1523 Ld. Berners tr. J. Froissart Cronycles I. ccxii. 257 All other thynges comprised in this present article of Merle and of Calais we..hold them in demayn. 1576 W. Lambarde Perambulation of Kent 380 The Manor of Heche..which the King now hath in demeane. 1612 J. Davies Discouerie Causes Ireland 156 When the Duke of Normandy had conquered England..he..gaue not away whole Shires and Countreyes in demesne to any of his seruitors. 1655 T. Fuller Church-hist. Brit. iv. 145 Had not some Laws of Provision now been made, England had long since been turned part of St Peters Patrimony in demeans. 1672 Leycester in Ormerod Cheshire (1880) I. 11 The names of such towns..as Earl Hugh held in demaine at that time. 1876 E. A. Freeman Hist. Norman Conquest 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. at Demaine. ΚΠ 1292 Britton i. xxi. §4 Terres..qe il ne avoint en lour demeyne cum de fee. transl. Which they held in their demesne as of fee.] 1491 Act 7 Hen. VII c. 12 §5 As gode..as if the King were seised of the premises in his demesne as of fee. 1512 Act 4 Hen. VIII c. 13 Preamble [They] enteryd into the sayd Maners..& thereof wer seased in ther demean as of Fee in Cooparcenery. 1528–30 tr. T. Littleton Tenures (new ed.) f. ii Suche one was seased in his demeane as of fee. 1628 E. Coke 1st Pt. Inst. Lawes Eng. 17 a In his demesne as of fee, in dominico suo ut in feodo. 1642 tr. J. Perkins Profitable Bk. ix. §612. 265 Hee..died seised of the Land in his demeasne as of fee. c. in ancient demesne: see 4. ΘΚΠ society > authority > [noun] > chief authority or dominion ealdordomeOE lord-domeOE lordshipeOE aldershipOE danger?c1225 seignioryc1290 demesnec1300 lordheada1325 lordshippingc1384 dominationc1386 subjectiona1393 signory?a1425 dominionc1430 signority1525 seigniority1596 dynasty1613 seigniorage1656 c1300 K. Alis. 7561 That soffred theo duyk Hirkan To have yn demayn othir woman. c1386 G. Chaucer Monk's Tale 675 Alisandre..That all the world weelded in his demeyne [v.r. demeigne, demeygne]. 14.. Epiph. in Tundale's Vis. 113 Sche that hath heven in hur demeyn. c1400 Rom. Rose 3310 To bidde me my thought refreyne, Which Love hath caught in his demeyne. 1508 Will of William Payne (P.R.O.: PROB. 11/16) f. 1v [Goods that Jesu] hath suffred me to haue in my demayn in this worlde. a1542 T. Wyatt Coll. Poems (1969) lxxxvi. 21 Syns that thou hast My hert in thy demayne, For seruice trew. 1747 T. Carte Gen. 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. ΘΚΠ society > law > legal right > right of possession or ownership > tenure of property > a legal holding > [noun] > a feudal holding or fief > land retained by lord inland904 demesne1398 demesne landsa1500 domain1601 c1250 Bracton 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. 1292 Britton 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.] 1398 J. Trevisa tr. Bartholomew de Glanville De Proprietatibus Rerum xiv. l. (Tollem. MS.) ‘Prædium’ is a felde oþer demayn, þat an husbonde ordeyneþ for him selfe, and cheseþ tofore all oþer. 1523 J. Fitzherbert Bk. Surueyeng ii. f. 2 It is to be inquered, how many feldes are of the demeyns and howe many acres are in euery felde. 1541 Act 33 Hen. VIII c. 32 The tenauntes..vpon the demeanes of the saide late monasteri. 1562 Act 5 Eliz. c. 21 §1 Noblemen..have imparked, invironed and inclosed many Parcels of their said Demeans. 1613 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. 1641 Rastell's Termes de la Ley (new ed.) f. 107v 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. 1818 W. Cruise Digest Laws Eng. Real Prop. (ed. 2) I. 47 Two material causes of a manor are demesnes and services. 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.) ΚΠ a1552 J. Leland Itinerary (1710) I. 59 Sokburne where as the Eldest House is of the Coniers, with the Demains about it, of a Mile Cumpace of exceding plesaunt Ground. 1623 H. Cockeram Eng. Dict. Demaynes, the Lords Manor house. 1670 C. Cotton tr. G. Girard Hist. Life Duke of Espernon i. iii. 128 This Castle with the demean and territory belonging to it. 1732 J. Swift Proposal National Debt in Wks. (1841) II. 123 Applying 100 acres of..land that lies nearest his palace as a demesne for the convenience of his family. 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. ΘΚΠ the world > food and drink > farming > farm > [noun] > demesne or home farm mainsc1398 barton1587 berewick1809 demesne1844 the mind > possession > possessions > [noun] > real or immovable property > land > a landed property or estate > land around a mansion or farm policy1724 demesne1844 1844 B. Disraeli Coningsby I. iii. iv. 294 A grassy demesne, which was called the Lower Park. 1866 ‘G. Eliot’ Felix Holt I. viii. 196 Except on the demesne immediately around the house, the timber had been mismanaged. 1875 H. J. S. Maine Lect. Early 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. ΚΠ 1292 [see sense 4]. c1460 J. Fortescue Governance of Eng. (1885) 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. 1579 T. North tr. Plutarch Liues 878 Parte also they [sc. the Romans] reserued to their state as demeane. 1583 Sir T. Smith's De Republica Anglorum ii. xiv. 58 The reuenues of the crowne, aswell that which came of the patrimony which we cal the demeasnes. 1650 T. Fuller Pisgah-sight of Palestine ii. i. 57 Converting them into demeans of his Crown. a1683 A. Sidney Disc. Govt. (1698) iii. §xxix. 395 According to the known maxim of the State, that the demeasnes of the Crown..cannot be alienated. 1759 W. Robertson Hist. Scotl. I. iii. 226 These were part of the royal demesnes. 1832 W. Irving Alhambra I. 40 The Alhambra continued a royal demesne, and was occasionally inhabited by the Castilian monarchs. 1838 T. Arnold Hist. Rome (1846) I. xiv. 271 The mass of the conquered territory was left as the demesne of the State. 1874 J. R. Green Short Hist. Eng. People 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. ΘΚΠ the mind > possession > possessions > [noun] > real or immovable property > land > land belonging to king at Conquest ancient demesne1447 1292 Britton 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.] 1447–8 J. Shillingford Lett. 101 Hit was aunsion demene. 1522 Act 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. 1585 M. Hanmer tr. Eusebius in Aunc. Eccl. Hist. (new ed.) ix. viii. 178 The sundry & auncient demaines & holds of husbandmen were..quite done away for. 1607 J. Cowell Interpreter sig. G4v/2 Auncient, demeasne..signifieth..tenure, whereby all the maners belonging to the crowne in the daies of Saint Edward..or of William the conquerour did hold. 1651 W. G. tr. J. Cowell Inst. Lawes Eng. 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. 1708 Rastell's Termes de la Ley (new ed.) 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. 1768 W. Blackstone Comm. Laws Eng. II. 99 Antient demesne consists of those lands or manors, which, though now perhaps granted out to private subjects, were actually in the hands of the crown in the time of Edward the confessor, or William the conqueror. 1805 W. Cruise Digest Laws Eng. Real Prop. V. 63 The tenure of ancient demesne being a species of privileged villenage, the tenants thereof could not sue or be sued for their lands in the King's Courts. 1810 W. Selwyn Abridgem. Law Nisi Prius (ed. 2) II. xviii. 756 Application was made for leave to plead ancient demesne. 1811 Risdon's Chorogr. Surv. Devon (new ed.) App. 17 Places..priviledged, and free from Tax and Toll..some by ancient Demesne. 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 n. ΘΚΠ society > authority > rule or government > territorial jurisdiction or areas subject to > [noun] > territory governed by a ruler or state demesnea1387 principalitya1398 territory?a1439 dominationc1440 statea1500 dominion1512 dition1542 heretochy1587 domain1601 sovereignty1715 possession1797 daimiote1870 ealdormanry1870 a1387 J. Trevisa tr. R. Higden Polychron. (St. John's Cambr.) (1865) I. 201 A lond in þe myddel bitwene þe demeynnes of Rome and Apulia. 1656 B. Harris tr. J. N. de Parival Hist. Iron Age i. ii. xi. 53 The Low-countries, which had formerly been of the Demaynes of France. 1670 C. Cotton tr. G. Girard Hist. Life Duke of 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. 1871 R. Browning Balaustion 89 And I was son to thee, recipient due Of sceptre and demesne. b. Landed property, an estate; usually plural estates, lands. ΘΚΠ the mind > possession > possessions > [noun] > real or immovable property > land > a landed property or estate homeOE landsc1000 estrec1275 manorc1300 stead1338 room?a1513 soil1575 demesne1584 proprietary1608 land-gooda1626 country estate1692 property1719 quinta1754 estate1772 hacienda1772 concern1787 finca1909 1584 H. Llwyd & D. Powel Hist. Cambria 123 Borough townes with the Demeanes of the same. 1598 R. Barckley Disc. Felicitie of Man iv. 345 Whose house shoulde containe no greater circuit then Cincinnatus demaines. 1599 W. Shakespeare Romeo & Juliet iii. v. 180 A Gentleman of noble parentage, Of faire demeanes. 1607 G. Wilkins Mis. Enforced Marriage in W. C. Hazlitt Dodsley's Sel. Coll. Old Eng. Plays (1874) IX. 473 Our demesnes lay near together. 1735 W. Somervile Chace i. 104 By smiling Fortune blest With large Demesnes, hereditary Wealth. 1844 B. Disraeli Coningsby I. ii. ii. 177 The noble proprietor of this demesne had many of the virtues of his class. 1856 R. W. Emerson Eng. Traits vi. 111 If he is rich, he buys a demesne, and builds a hall. 6. figurative. A district, region, territory; domain n. ΘΚΠ the world > space > [noun] > defined or limited portion of space > a particular extent or region coastc1320 confinec1400 quarterc1400 region?1537 leet1567 demesne1597 floor1626 area1700 department1832 parallel1887 society > authority > power > influence > [noun] > sphere of influence pale1483 kitchen1552 demesne1597 manor1685 domain1744 ambient1902 turf1970 the world > action or operation > [noun] > sphere or scope of operation circuity1542 circuit1597 orb1598 range1622 sphere1661 circle1664 random1667 purview1688 domain1764 purvey1813 preserve1829 scope1830 demesne1851 coverage1930 space1976 1597 W. Shakespeare Romeo & Juliet ii. i. 20 Her prettie foote, straight leg, and quiuering thigh, and the demaines that there adiacent lie. View more context for this quotation 1659 H. Hammond Paraphr. & Annot. Psalms (lxxxiii. 12 Annot.) 416/2 These pastures and fat demeans of God. 1817 J. Keats Poems 89 One wide expanse..That deep-brow'd Homer ruled as his demesne [rhyme serene]. 1851 J. P. Nichol Archit. Heavens (ed. 9) 99 Alas! that the demesne of knowlege is so uncleared. ΘΚΠ the mind > possession > possessions > [noun] > real or immovable property > land land971 terre1526 mould?1577 dirt1604 demesnes1628 terra firma1699 1628 O. Felltham Resolves: 2nd Cent. liii. sig. R6 In this fall of their melted demeanes, they grow ashamed to be publikely seene come short of their wonted reuelling. 1630 P. Massinger Picture sig. Bv You know How narrow our demeanes are. 1650 W. Brough Sacred Princ. 273 Can he want Demeans, that is such a Prince? III. attributive or as adj.[The original Old French adjective use, = ‘own’, does not appear to have come into English; it was common in Anglo-Norman (e.g. 1292 Britton iii. xx. §3 Ne tint mie les tenementz en soen noun demeyne [tr. Did not hold the holdings in his own name]. 8. a. Of or pertaining to a demesne (3): demesnial. ΘΚΠ society > law > legal right > right of possession or ownership > tenure of property > a legal holding > [adjective] > of or relating to a fief > relating to land held by lord himself mainc1273 demesne1533 Dominical1541 domanial1818 demesnial1857 domainal1857 1533 in State Papers Henry VIII (1836) IV. 634 We brynt theis townes..with many oder by steadinges, and demayn places. 1801 J. Strutt Glig-gamena Angel-ðeod i. i. 14 Excepting only the king's own desmean park. 1839 T. Stapleton Plumpton Corr. p. xviii Allowed to assart the demesne woods. 1861 Times 10 Oct. Extensive demesne farms are occupied..by the larger proprietors. b. demesne lands n. lands of a demesne. ΘΚΠ society > law > legal right > right of possession or ownership > tenure of property > a legal holding > [noun] > a feudal holding or fief > land retained by lord inland904 demesne1398 demesne landsa1500 domain1601 a1500 Walter of Henley's Husbandry (Sloane) (1890) 44 Corne is sowen upon your demayn londis. 1558–9 Act 1 Eliz. c. 19 §2 Any the Demean Landes commonly used or occupyed with any suche Mansion or Dwelling House. 1654 T. Fuller 2 Serm. 48 King William..caused a Survey-Booke to be made of all the Demesne Lands in England. 1710 H. Prideaux Orig. & Right 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. 1846 T. Arnold Hist. Later Rom. Commonw. 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. 1861 Times 16 Oct. Most of the large farms, not demesne lands farmed by the proprietor, are under lease. 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