case the king against BETTSWORTH a tenant in ancient demesne be not privilege  from serve the office of high constable SC vent SC Trem indictment for refuse  the office of high constable special verdict the question be whether a tenant  in ancient demesne may be make constable of a a ante ray roll Rep side lev Bl  Rep Com digest vo edit b Vol Mr Constss edit of bott poor law p c burr Bl Rep  Cowp d therefore the court will grant a mandamus to the keeper of the common  seal of either of the university command they to put it to the appointment of  high steward king v Ch of Cambridge burr to the warden of a college to compel  he to put the common seal to a answer of the fellow in chancery contrary to  his own separate answer put in king v Wyndham Cowp to a lord of a manor to  hold a court baron Bl Rep to commissioner of the land tax to elect a clerk  term Rep to a visitor to hear a appeal and give some judgement king v bishop  of Lincoln term Rep notorious facts e see Blackborough v Davis comy Rep a roll  Abr Leon see Hugh v richman Cowp shower KB er p hundred which reach further  than the demesne he be free from payment of toll from payment of wage to  knight of parliament from be upon jury c and the reason of all this be because  he shall not be draw out of the ancient domain where his employment be by the  ancient law suppose to be the same reason be here if he have other land it be  true he will be liable Jones justice I wonder the privilege be never claim now  he be tenant of the king and this be a office for the king and it therefore  may be a question it have be a doubt in our book whether he may not be a  juryman in personal action and say that none can be tenant for year and hold  in demesne Adjournatur in Michaelmas term follow it be argue again by Mr  sander who add to what he urge before that a tenant in ancient demesne be  discharge from toll pontage and murage a in the register b there be a writ to  discharge he from attend shower KB the sheriff turn or leet out of the manor  now a constable be a officer at the commonlaw and eligible at the courtleet  and in many place they be choose still there c they be not to appear in any  other turn out of the manor serve on jury be a necessary part of justice for  the trial of man cause and vet they be exempt Mr pollexfen e contra we must  understand the second institute d and its general word there secundum to throw  under means I e serve on jury not that they be exempt from obey the summons  and warrant of the session and they must appear there in case of the peace I  agree to those privilege but those be not personal they be only annex to the  land for merchandise and thing that arise out of the land they shall pay toll  that of jury be only that those land which they hold in ancient demesne shall  not render they liable but if they have other land they may e as to this of  constable we have no case about it but I think the strong authority to be that  high constable be not before the statute of Winchester f there be different  opinion about it but the statute seem express and my Lord coke in his four  institute and Mr lambard a ancient writer be of his opinion and this office be  nothing relate to the land for a man may be a fit a human being for this  office if he have substance in other thing than land the court the be of a  jury have not such immediate relation to justice as the office of a constable  which be for preservation of the peace and government this be a high constable  be by the statute and certain a personal thing and ancient demesne exempt not  from it tenant in ancient demesne may be and in some place be churchwarden and  overseer for the poor now in such case their attendance be necessary at the  session and out of the manor Scroggs chief justice the first reason and ground  of their privilege be the manure the king land and they be always suppose to  have no other estate in truth ancient they be nothing but the king ploughman  judgement for the king