case hunt vers bourn in b r tenant in tail of land in ancient demesne levy a  fine in the court of ancient demesne for three life with warranty levy a  second fine with warranty to the use of himself and his heir and then bargain  and sell to one and his heir the follow point be determine saint that fine may  be levy in court of ancient demesne dly that such fine be no bar to the issue  in tail but that they work a discontinuance dly that the discontinuance  determine with the three life and that the second fine make no discontinuance  and last that the issue in tail have twenty year to make their entry after the  expiration of the lease for life salk salk salk SC holt SC Lutw SC I bro p c S  c error of a judgement in c b the case be this a man seize of a estatetail  with remainder over of land in ancient demesne ancient demesne antiquity of  king consist of those manor which though now perhaps grant out to private  subject be actual in the hand of the crown in the reign of Edward the  confessor and at the accession of William the conqueror and so appear to have  be by the great survey in the exchequer call Domesday book Blackst l tract d  Edward p f n b tenant of land of this description can sue or be sue for their  land by the usual real action of assize writ of entry c in the king court of  commonlaw but the only method of recover these tenement be by a peculiar mode  of process call a writ of right close unicum to have kindness recovery per a  certain breve de recto enclosed space say the writer of Fleta lib c a account  of this writ be to be find in Fitzerberts naturan narrow places that edit p  the author of Fleta describe these tenant in the follow manner from here be  quod sokmanni today to say be a slipper etian to lead off quorum tenement are  villenagium dominiprivilegiatum et therefore to say glebae ascriptitii eastern  quod ab hujusmodi clod of earth anoveri non to withhold Interrog  solveri debt  is owed pension nec to turn the war thither to be able ad hujusmodi tenement  to hold contra urge will eastern quod corpora svan are liberan Fleta lib c  this passage explain the observation of Lord holt that tenant in ancient  demesne be free as to their person not as to their estate salk holt for far  information upon this subject application maybe make to the that institute p  and to sir W blackstone law tract d edit p levy a fine in the court of ancient  demesne for three life on the that of may car accord to the custom of the say  manor before a the deputy of Walter earl steward and r attorney and b and S  atorneys of c a suitor in the same court in a plea of covenant come Ceo c to  nurse for life render rend with warranty and the jury find that this land have  not be usual demise and that the rend be not the customary rend and afterward  the same tenant in tail levy a fine with warranty car to the use of himself  and his heir and afterward bargain and sell the same land to pain and his heir  under who the defendant claim the tenant in tail die in nurse die in and  Richard guillam the heir in tail of Thomas guillam his grandfather who levy  both the fine enter and whether his entry be lawful or not be the question and  it be argue by Eyre that the fine in ancient demesne make a discontinuance of  the estate tail of which the conusor of the fine be seize by the commonlaw a  fine may be levy of land in ancient demesne in the court of ancient demesne as  well as a fine in c b may be levy of freehold land and the statute Edward de  modus to lift up fine do not alter the comens case for that statute be only  declarative of the commonlaw but by the StatuteSt Westminster Edward c a de  gift conditional a fine of a estatetail be declare null after which a fine as  well in ancient demesne as in c b be comens er p not a bar but only a  discontinuance until that Henry c b that of h when a fine with proclamation be  make a bar but this statute of the that of h do not extend to fine in ancient  demesne and therefore fine there as they do not make any bar yet they make a  discontinuance to the issue in tail and so it be hold and infra p c and and it  be not any objection that the court of ancient demesne be not a court of  record as to the objection that here if there be a discontinuance it  discontinue the fee because a fine sur conusance come Ceo c convey the fee  without the word heir and I grant that the old book say so but this be  doubtful since the statute Edward de modus to lift up fine since which statute  there ought to be a habendum of the estate to the heir in fine as well as in  other feoff and grant c vide infra p