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单词 to hold in demesne
释义

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to hold in demesne
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.
extracted from demesnen.
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