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,

Page 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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