DEMAIN

6 definitions found across Law Mind sources

← Dictionary
DEMAINAuthored
The Law Mind • 817 words
Definition
An archaic Anglo-Norman term for DEMESNE. In its narrowest historical sense, demain referred specifically to the ancient demesne — land held directly by the Crown, particularly those manors recorded as royal holdings in the Domesday Book (1086). More broadly, demain was used interchangeably with demesne to denote any land held in one's own right, as opposed to land held by tenants. All three source dictionaries treat the entry as a simple cross-reference to DEMESNE, indicating that demain had ceased to carry independent legal meaning by the time of their compilation.
Common Language
Modern common usage (Wiktionary): A demesne, especially the ancient demesne claimed by William the Conqueror. Historical common usage (Webster's 1913): "Rule; management. [Obs.] Chaucer. See Demesne." The Webster's entry marks the word as obsolete even in 1913 ordinary usage, and Wiktionary preserves only its narrow historical sense. The gap between common and legal meaning is essentially nonexistent here — neither usage survived into modern English — but researchers should note that even in historical legal usage demain was the more specific term, pointing toward royal and Domesday-connected holdings, while demesne carried the broader property meaning.
Common Confusion
Demain, demesne, and domain are easily conflated, sharing a common etymological root and overlapping meanings across historical periods. Domain entered English law with broader administrative connotations (particularly in public law and eminent domain contexts) while demesne remained the property-law term of art. Demain is best understood as an older, more orthographically variable spelling of demesne, not as a separate legal concept. Researchers encountering demain in a primary source should treat it as demesne unless context specifically signals the ancient demesne distinction.
Why It Matters in Research
This term is a spelling trap. In medieval and early modern manuscripts, legal pleadings, and older treatises, demain, demesne, demeine, demayne, and domain appear with considerable orthographic inconsistency. Full-text corpus searches that index only one spelling will miss sources using the others. Researchers working in Law Mind's historical corpus should run parallel searches across variant spellings when tracing land tenure questions in pre-19th century sources. The ancient demesne doctrine — the rule that tenants of manors held by the Crown at Domesday enjoyed special protections and privileges — is the most legally consequential context in which demain appears as a distinct term rather than a synonym. If a historical source uses demain in a procedural or privilege context (rather than merely describing landholding), the ancient demesne distinction is likely operative and warrants deeper investigation into the specific manor's Domesday status. Because all three source dictionaries dispose of demain with a bare cross-reference to DEMESNE, researchers relying solely on those entries will find no discussion of the ancient demesne doctrine there either. The doctrine itself must be traced through treatises on feudal land tenure — Coke on Littleton, Bracton, and Blackstone's Commentaries (Book II) are the primary analytical sources — rather than through the dictionary tradition.
Historical Dictionary Support
Black's (1st and 2nd editions) and Rapalje & Lawrence are unanimous: demain is given no independent definition, only the instruction "See DEMESNE." This editorial choice reflects the state of the term by the late 19th century — it had fully receded from active legal usage and survived only as a historical or antiquarian reference. The Rapalje & Lawrence volume pairs the cross-reference with extended discussion of demand and stale demand, suggesting the proximity in the original text was alphabetical rather than conceptual. Webster's 1913 corroborates the obsolescence finding, noting Chaucer as a source, which places active common usage in the 14th century. The historical dictionaries collectively offer no guidance on the ancient demesne doctrine, which is a meaningful gap — the doctrine remained legally operative in English courts well into the 19th century even as the vocabulary shifted.
Jurisdictional Note
Demain and the ancient demesne doctrine are exclusively English in origin and have no counterpart in American law. American property law did not receive the feudal tenure system in any form that preserved Domesday-based distinctions. Researchers encountering this term in American sources are almost certainly dealing with historical quotation, transplanted English authority, or antiquarian legal writing.
Encyclopedia Cross-Reference
See Law Mind Encyclopedia — DEMESNE for the substantive property law concept. See Law Mind Encyclopedia — ANCIENT DEMESNE for the doctrine of privileged royal manor tenure and its procedural consequences.
Related Terms
Demesne — the operative term; use this for substantive property research Ancient Demesne — the specific doctrine most distinctively associated with demain Domain — the public-law cognate; shares etymology but diverged in meaning Domesday Book — the documentary foundation of the ancient demesne doctrine Fee Simple — the modern concept that replaced demesne ownership analysis Tenure — the broader feudal framework within which demain is situated Manor — the unit of landholding most directly associated with demain records
DEMAINmain
Black's Law Dictionary • 1891
See DEMESNE. To DEMAND, v. In practice. To claim as one's due; to require; to ask relief. summon; to call in court. "Although sol- emnly demanded, comes not, but makes de- fault." DEMAND, n. A claim: the assertion of a legal right; a legal obligation asserted in the courts. "Demand" is a word of art of an ex- The tent greater in its signification than any other word except "claim." Co. Litt. 291; 2 Hill, 220.
DEMAINmain
Rapalje & Lawrence • 1888
- See DEMESNE. demand, no interest being reserved, and A. paid two half-yearly instalments of interest within eighteen months from the date, but no further interest was paid, and no proceedings were taken to enforce payment of the note for nearly forty years, the court expressed an opinion that even if the claim had not been barred by the statute, it ought to be rejected as a "stale demand." In re Rutherford, 14 Ch. D. 687. DEMAND, (de (defined). 1 Halst. (N. J.) 417; 8 Allen (Mass.) 314, 315. (distinguished from "debt"). 2 Hill (N. Y.) 220. DEMAND.-Demand, "in the understanding of the common law, is of so large an extent as no other one word in the law is" (Co. Litt. 291b), and therefore if a person release to another all manner of demands, this is the best release that the latter can have, for by it all actions, executions, rights of entry, rents, commons, pro257. fits à prendre, obligations, contracts, &c., are released and discharged. Ib.; Litt. & 508 et seq. See DEMANDANT. 2. A demand also signifies a request addressed to a person that he will do some act which he is legally bound to do, after the request has been made. Thus, bills of exchange and promissory notes may be, and checks must be, made payable on demand. When a bill or note is made payable on demand, the Statute of Limitations does not, in general, begin to run until the demand is made, unless it appears that the debt was recoverable on demand, and not merely payable on demand. Shelf. R. P. Stat. 269. The reservation of interest from the date of the bill or note raises a presumption that the cause of action accrued from that date, and not from the time of demand. Id., and see infra, & 3. 13. Stale demand. It is a doctrine of equity that where a claim is put for236. Pr. 282. 503, 510. (in a written instrument). 11 Ind. (in an acquittance). 1 Den. (N. Y.) (in attachment act). 32 How. (N. Y.) (means "rightful demand"). 2 Tyrw. (of a check). 6 Cow. (N. Y.) 484. (promissory note payable on). 2 Mas. (U. S.) 241; 2 Cai. (N. Y.) 369; 1 Cow. (N. Y.) 397; 10 Wend. (N. Y.) 304, 308; 13 Id 267, 268; 9 Barn. & C. 409, 410. DEMAND, ACCOUNT ON, (in a guaranty). 15 Wend. (N. Y.) 329, 332
DEMAINmain
Black's Law Dictionary (2nd Ed.) • 1910
See DEMESNE. DEMAND, v. In practice. To claim as one’s due; to require; to ask relief. To summon; to call in court. “Although solemnly demanded, comes not, but makes default.” DEMAND, n. A claim; the assertion of a legal right: a legal obligation asserted in the courts. “Demand” is a word of art of an extent greater in its signification than any other
DEMAINn.
Websters Unabridged Dictionary (1913) • 1913
Rule; management. [Obs.] Chaucer. See Demesne.
demainnoun
Wiktionary (English) • 2026
Wiktionary contributors • CC BY-SA 4.0 • via Kaikki
Extracted and formatted for display by Law Mind. Source link opens the current Wiktionary page and its contributor history; it is not a frozen copy of this extract.
A demesne, especially the ancient demesne claimed by William the Conqueror.

Explore the full Law Mind legal research platform.

SubscribeEncyclopediaSign In
The Law Mind Legal Dictionary. This is a legal research library, not a lawyer.
Dictionary • Encyclopedia • Sign In