coke a aldens case hill Elizabeth rot in the common plea ancient demesne be a  good plea in abatement in ejection firm SC cro Elizabeth and in ejection firm  by smith against Alden a will a the defendant plead that the tenement in which  c be parcel of the manor of Odiham in the county of Southampton c quod indeed  manor be de antiquity of c and demand judgement if this court will take  conusance upon which the plaintiff do demurrer in law and it be object that  this action be but in the nature of trespass and that in old time in it the  term be not recover but only against he in the reversion and in b Cr Elizabeth  hob roll Doct pl Br ancient demesne Inst b trespass for break of a close and  fall of tree ancient demesne be no plea as it be adjudge in e b also land in  ancient demesne shall be c hob dyer pl Doct pl Inst Inst palm Br ancient  demesne ass pl postea b Ro c extend by elegit because the freehold do remain  as it be before and yet the coke report b er p interest of the land be charge  by and Cr Elizabeth Cr James hob   b Doct pl latch Brownl roll Rep Cr car palm  Bulst Inst this execution h but it be answer and resolve that the plea be good  a that ancient demesne be a good plea in abatement in ejectment Vid do v rise  burr Com dig ancient demesne e a because the common intendment a Cr Elizabeth  hob roll Bulst e b a Br ancient demesne Inst a be that the title and right of  the land will come in debate as in replevin in a writ b roll Inst b mesne in a  writ of c hob roll e Br ancient demesne e a Brownl roll e a Inst c ware in  account d hob a d against guardian in socage ancient demesne be a good plea  for the appearance and common intendment that the realty will come in debate e  e e so in account against a baily for it be bring for the issue and profit of  the land which be ancient demesne which ought to be determine in the court of  ancient demesne vide e ancient demesne in this action of ejection firm the  plaintiff shall recover the possession of the land and shall have execution  also per to have facias possession and not like a execution by elegit for  there no judgement be coke b give to recover the possession of the land in a  court of record but only execution do by the sheriff in the country but in a  assize bring by tenant by elegit e hob before a die pl Doct pl Inst Inst palm  Br ancient demesne roll e e hob ntea a die pl Doct pl Inst Inst palm Br  ancient demesne roll ancient demesne be a good plea as it be hold ass and  there some say that land in ancient demesne be not subject to elegits but the  contrary be at this day hold for law for the reason aforesaid and where any  interest in the land shall b bind or the realty come in debate it will be  reasonable that those in ancient demesne who best know to try and determine it  shall have the conusance of it and if this action proceed in this court the  sheriff can return any person within ancient demesne and if he return any they  may be challenge and withdraw and thereby the true institution of the law will  be defeat sure that the interest of every land holder shall be try per Probus  regales man de vicinet c who best know the truth of the matter and forasmuch  as at this day all title of land be for the great part try in action of  ejectment if in they ancient demesne shall not be a good plea the ancient  privilege which the law for the repose and quiet of those of ancient demesne  have allow to they to the intent that they shall apply themselves to tillage  and husbandry and therefore be so great regard and favour in our book will be  utter take away and defeat vide e Cr Elizabeth Cr James Cumberb