ccxl the case OF the town OF leicester for toll a action of trespass tam pro  owner queen how pro he himself and show that the town of Leicester be a  ancient town and ancient demesne and the inhabitant there have use to be  discharge of toll and that the queen by her letter patent give command to all  bailiff sheriff mayor c that those of Leicester shall be discharge of toll and  notwithstanding that that the defendant take toll c exception be take because  that the suit be prosecute tam pro owner queen how pro he himself whereas the  party grieve be onelyto have the information see the case e where the writ be  ad respondend tam pro we how c and no exception be take to it another  exception the plaintiff declare that Leicester be a ancient town and ancient  demesne and do not show that it be parcel of a manor see e ancient demes such  exception be take but after the defendant plead that all such town whereof the  land in question be parcel be ancient demesne and such plea be hold good see e  parcel of a manor which be ancient demesne and the plaintiff reply without hoc  that it be parcel of the manor another exception that land hold in socage only  and ho other ought to be discharge of toll and here it be not show in the  declaration that the place where oh be hold in socage to which it be answer  that the same needs not to be set down in the declaration for that be imply in  these word ancient demesne for otherwise it can be but socage land only and of  no other tenure a four Leonard exception the letter patent here show in  discharge be of no value for the king by his letter patent can disinherit any  one erg nor discharge one of toll which be a kind of disinheritance to which  it vas say that the plaintiff do not declare of any grant but of a usage or  customer for those of ancient demesne and far have command by the say letter  patent that such custom and usage shall hold place and upon the customer and  the contempt this action be ground a five exception because the plaintiff have  not show that the toll whereof the plaintiff have count be concern thing for  provision for their house manurance of their land c h III in a action upon the  case for not pay of toll the defendant say that he Leonard er p hold certain  land of r lord of the manor of h which manor be ancient demesne of which manor  all the tenant have be free to sell or buy beast or other thing for the  manurance of their land and maintenance of their house without pay toll in any  market or fair c and so justify that he come to the same market and buy  certain beast as the plaintiff have declare and that some of they be use about  his manurance of his land and some of they be put into pasture to make they  fat and more fit to be sell and afterward he sell they at such a fair c and  the opinion of the court be with the defendant and by Godfrey and coke such  tenant shall be discharge of toll not only for buy of thing which concern  their sustenance provision and manurance of their land but also for all thing  buy as common merchandise ass ult by Thorp green and Seton of all thing buy by  any for his own use they shall be quit of toll and then if the privilege of  tenant in ancient demesne shall not be quit of toll but for thing buy for  their sustenance provision and manurance of their land they have no more  favour than ordinary subject see h some be of opinion that such tenant shall  not pay toll for thing sell and buy come upon their land and touch their  sustenance see f b d such tenant be discharge of toll for all thing by they  sell and buy by way of merchandise as also of thing of necessity as sustenance  and see crook in the case of journey he conceive that such tenant for  merchandise shall pay toll as other merchant but see the writ of f n b the  word be de good rebus nest and coke say that he have find the reason wherefore  such tenant shall be quit of toll throughout the realm in a ancient read  videlicet that all the land in the hand of Edward the confessor and will the  conqueror set down in the book of doomsday be ancient demesne and so call one  born of the earth king and they be to provide victual for the king garrison  for then they be troublesome time and for those cause and because they make  provision for other they have many privilege among which this one ut quietly  plow svan to drive earth to cultivate the lord himself in ancient demesne  shall not have such privilege for his seignory be pleadable at the commonlaw  with f n b b and be say that the plaintiff ought to allege that his land be  parcel of such a manor for there can be ancient demesne if there be not a  court and suitor c and he grant that such a town may be ancient demesne of the  crown but vet they shall not have the privilege and liberty which the tenant  in ancient demesne have town be before manor London have the name of ancient  demesne and yet they have not such liberty nor the land in it pleadable by  writ of right close h shoot justice be of opinion that a inhabitant within  ancient demesne although he be not tenant shall have the privilege see for  that f n b b tenant at will in ancient demesne shall be discharge of toll as  well as tenant of the freehold for life or for year h by moil London be  ancient demesne for they prescribe that a villain who have Leonard there dwell  c shall not be take from thence by capias or attachment Billing London be not  in the book of doomsday moil they make their protestation in a writ of right  patent Littleton that be use in diverse place and at this day in Exeter and by  Clench if a tenant in ancient demesne levy a fine of his land then he shall  not have the privilege until the fine be reverse quod to be concession if the  lord of a manor in ancient demesne purchase all the tenancies the whole  privilege be go which coke deny the case be adjourn Inst trin Elizabeth in the  common plead