An exposition of certaine difficult and obscure words, and termes of the lawes of this realme, newly set forth & augmented, both in French & English, for the help of such yong students, as are desirous to attaine to the knowledge of the same

About this Item

Title
An exposition of certaine difficult and obscure words, and termes of the lawes of this realme, newly set forth & augmented, both in French & English, for the help of such yong students, as are desirous to attaine to the knowledge of the same
Author
Rastell, John, d. 1536.
Publication
At London :: Printed by th'assignee of Charles Yetsweirt Esq. deceased. Cum priuilegio Regiæ Maiestatis,
1595.
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Subject terms
Law -- England -- Dictionaries -- Early works to 1800.
Law -- Great Britain -- Early works to 1800.
Link to this Item
http://name.umdl.umich.edu/A10426.0001.001
Cite this Item
"An exposition of certaine difficult and obscure words, and termes of the lawes of this realme, newly set forth & augmented, both in French & English, for the help of such yong students, as are desirous to attaine to the knowledge of the same." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A10426.0001.001. University of Michigan Library Digital Collections. Accessed April 29, 2025.

Pages

Entre.

ENtre, is wher a man en∣treth into any landes or tenements in his proper person, or any other y is commandement.

Also there bee diuers writs of Entre which be in diuers maners, One is a writte of Entre sur dis∣seisin, and this writie lieth where a men is disseised, hee or his heire shall haue this writ against the dis∣seisor or anie other after tenant or the Ian. And if the disseisor alien and die sise then the writ of En∣tre shal be against the heire with the alienee in the Per, that is to say▪ in which the tenaunt hath no Entre but by such a one naming the disseisor, which him hath disseised &c.

And if the heire or alie∣née die seised, or alieneth to another▪ then the writte shall be in the Per and Cui, that is to say, into which the tenaunt hath no entrie but by such a one naming the heire or alienée of the

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disseisor to whome such a one (naming the disseisor) did lette it, which by force disseised him &c.

And if land bee co••••eid ouer to manie, or if the first disseisor bee disseised, then the writte of Entre shall be in the Post, that is to say that the tenaunt hath no entry but after the disseisin which the first disseisour made to the demandant or his auncestor. See after Entre en le per.

A writ of Entre in the Per lyeth where a man is disseised of his freeholde, and the Disseisour alie∣neth or dyeth seised, and his Heire entreth, then the disseisee or his heire shall haue the saide writte against the Heire of the Disseisour, or against the alienée of the Disseisour, but liuing the disseisour hee mae haue an Assise if he will, and the writte of Entre shall say, in quod A. non habet ingressum nisi per B. qui illud ei dimisit, qui inde eum iniuste dissei∣siuit &c. But if the dissei∣sor alien & the alienée dieth seised, or alieneth ouer to

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another, or if the disseisor die, and his heire enter, and that heire alieneth or dy∣eth, and his heire entreth, then the disseisée or his heire shall haue a writ of Entre sur disseisin in y Per and Cui, And the writte shall say, in quod idem A non habet ingressū nisi per B. cui C. illud ei dimisit, qui inde iniuste &c.

And note well, that no writte of Entre in the Per and Cui shall bee mainte∣nable against none, but where he that is tenaunt bee in by purchase or dis∣cent: But if the alienation or discent bee put out of the degrees, vpon which no writ may bee made in the Per, nor in the Per and Cui, then it shall bee made in the Post, and the writte shall say, in quod A. non habet ingressum nisi post disseisinam, quam B. inde iniuste & sine iuditio fecit praef. N. vel M. proauo N. cu∣ius haeres ipse est.

Also there are v. things which put the writ of En∣tre out of the degrées, that is to say, Entrusion, Suc∣cessiō, disseisin vpon dissei∣sin,

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Iudgemēt, & Escheat.

1 Entrusion is when the disseisor dyeth seised, & an estranger abateth.

2 Disseisin vpon dissei∣sin, is when the disseisor is disseised by another.

3 Succession, is where the disseisor is a man of re∣ligion, and dyeth, or is de∣posed, and his successor en∣treth.

4 Iudgement is when one recouereth against the disseisour.

5 Escheat, is when the disseisor dyeth without heire, or doth felony wher∣by hee is attamted, by which the lorde entreth as in his Escheat.

In all those cases the disseisie or his heire shall not haue a writ of Entre within the degrees in the Per, but in the Post, for that that in those saide cases they are not in by discent nor by purchase.

Also there is a writ of entre Ad communem legē, and lyeth where tenant for terme of life, tenaunt for term of anothers life, tenāt by y curtesie, or tenant in dower alieneth and dyeth,

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then he in the reuersiō shal haue the foresaide writ a∣gainst whomsoeuer is in after in y said tenements.

Also a writ of Entre in casu prouiso yeth, if tenant in dower alien in fee, or for terme of life, or for an∣others life, liuing the te∣nant in dower, hee in the reuersion shall haue the writ called a writ of En∣tre in casu prouiso.

Also a writ of Entre In casu consimili lyeth, if te∣nant for terme of life, or te∣nant by curtesie alien in fee lyuing them, he in the re∣uersion shall haue a writte called a writte of Entre in casu consimili.

Also a writ of Entre Ad terminum qui preteriit lyeth, if a man lease lande to another for terme of yeares, and the tenaunt hod ouer his terme, then the lessor shall haue a writ which is called a writ of Entre Ad terminum qui preteriit.

And also if lands be lea∣sed to a man for terme of anothers life, and hee for whose life the landes are leased dyeth, and the lessee

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holds ouer, then the lessor shal haue this writ.

Also a writ of Entre si∣ne assensu capituli lyeth, where an Abbot, Prior, or such as hath Couent or comon seale, alieneth lāds or tenements of the right of his Church, without the assent of the Couent or Chapter and dyeth, then his successour shall haue this writ.

Also a writ of Entre Causa matrimonii prelo∣cuti lyeth, wherelandes or tenements are giuen to a man vpon such condition, that he shal take her to his wife within a certaine time, and he do not espouse her within the said terme, or espouse another womā, or make himselfe Priest, or enter in Religion, or him disable, so that he can∣not take her according to the saide condition, thn the donour and his heires shall haue the said writte against him or against whomsoeuer is in the said lande. And also it behoo∣ueth that this condition be made by Indenture, or otherwise this writte

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doth noth lye, and all these and other writs of entrie may be made in the Per, Cui, and post.

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