ANCIENT DOWNS, in English law, is a tenure, whereby all manors belonging to the crown in William the Conqueror's and St Edward's time were held. The numbers, names, &c. hereof were entered by the Conqueror, in a book called Domesday Book, yet remaining in the Exchequer; so that such lands as by that book appeared to have belonged to the crown at that
Ancienty. that time, are called ancient demesne.—The tenants in ancient demesne are of two sorts; one who hold their lands frankly by charter; the other by copy of court-roll, or by the verge, at the will of the lord, according to the custom of the manor.—The advantages of this tenure are, 1. That tenants holding by charter cannot be rightfully impleaded out of their manor; and, when they are, they may abate the writ, by pleading the tenure. 2. They are free from toll for all things relating to their livelihood and husbandry; nor can be impanelled on any inquest.—These tenants held originally by plowing the king's land, ploughing his hedges, and the like service, for the maintenance of his household; and it was on this account that such liberties were given them, for which they may have writs of monstraverunt to such as take the duties of toll, &c.—No lands are to be account ancient demesne, but such as are held in fencage. Whether land be ancient demesne or not, shall be tried by the Book of Domesday.