Les termes de la ley; or, Certain difficult and obscure words and terms of the common laws and statutes of this realm now in use, expounded and explained Now corrected and enlarged. With very great additions throughout the whole book, never printed in any other impression.
About this Item
Title
Les termes de la ley; or, Certain difficult and obscure words and terms of the common laws and statutes of this realm now in use, expounded and explained Now corrected and enlarged. With very great additions throughout the whole book, never printed in any other impression.
Author
Rastell, John, d. 1536.
Publication
London :: printed by W. Rawlins, S. Roycroft and M. Flesher, assigns of Richard and Edward Atkins Esquires. For G. Walbanke, S. Heyrick, J. Place, J. Poole, and R. Sare,
1685.
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Subject terms
Law -- Dictionaries -- Early works to 1800.
Link to this Item
http://name.umdl.umich.edu/A58086.0001.001
Cite this Item
"Les termes de la ley; or, Certain difficult and obscure words and terms of the common laws and statutes of this realm now in use, expounded and explained Now corrected and enlarged. With very great additions throughout the whole book, never printed in any other impression." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A58086.0001.001. University of Michigan Library Digital Collections. Accessed June 16, 2024.
Pages
Deforceor.
DEforceor is he that over∣comes
and casts out with
Force; who differs from a Dis∣seisor,
first in this, that a man
may disseise another without
Force, which act is called
Simple Dissesin, Britton cap. 33.
Then because a man may de∣force
another that never was
in possession; as if many have
right to Lands as common
Heirs, and one keeps them out,
the Law saith, that he deforces
them, though he never disseised
them. Old Nat. Brev. fol. 118. If
Tenant in tail makes a Feoff∣ment
in fee by which the Feoffee
is in, and afterward the Te∣nant
in tail dies, and his issue
sues a Writ of Formedon against
the Feoffee; the Writ shall say,
descriptionPage 257
and also the Count, &c. that
the Feoffee wrongfully deforced
him &c. though he did not dis∣seise
him, because he entred in
the life of the Tenant in tail,
and the Heir had no present
right. Lit fol. 138. And a De∣forceor
differs from an Intru∣dor,
because a Deforceor keeps
out the right Heir, as afore∣said;
and a man is made an
Intrudor by a wrongful En∣try
only in Lands or Tent∣ments
void of a Possessor. Bract.
lib. 4. cap. 1.
And because Force and For∣cible
entry into Lands is so op∣posite
to the Peace and Iustice
of the Realm, and a dis∣honour
of the King and his
Crown, and discredit of the
Law, that any person by birth
and oath obliged to the obedi∣ence
of the King and his Laws,
should presume of his own au∣thority
by Force and strong
hand to resist them both, by vi∣olent
Intrusion into the Pos∣session
of another before the
Law hath decided his Tttle
therein; therefore divers Sta∣tutes
have been made for the re∣straint
and reformation of these
Abuses; as, among others, the
Stat. of 5 R. 2. ca. 7. where the
King defends any Entry into
Lands or Tenements; but in
case where Entry is given by
the Law, and then not with
strong hand, or with a multi∣tude
of people, but onely in a
peaceable manner. See more of
this in Po •• lt. de pace Reg. f. 34.
35, &c.
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