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 22, 2024.

Pages

Page 271

Dereine.

DEreine is taken in divers senses, and seems to come from the French Disarrayer, that is, to confound or put out of or∣der; or else the Norman word Desrene, which is the denial of a mans own act; and Lex De∣raisnia was the Proof of a thing which one denies to be done by himself, and his adversary af∣firms it, defeating and con∣founding the assertion of his ad∣versary, and shewing it to be without and against reason or probability. And in our Law it is diversly used. First gene∣rally, to prove; as, Dirationa∣bit jus suum haeres propinquior, Glanvile l. 2. c. 6. and he, l. 4▪ c. 6. saith, Habeo probos homines qui viderunt & audiverunt, & parati sunt hoc dirationare. In the same manner Bracton uses it, Habeo sufficientem Disratiocinationem & probationem▪

By the Statute of 31 H. 8. cap. 1. Ioyntenants and Te∣nants in common shall have Aid, to the intent to deraigne the Garranty paramount. So Plo. in Manxels Case, fol. 7. b. hath this Case, If a man hath an Estate in fee with Warranty, and enfeoffs a stranger with Warranty, and dies, and the Feoffee vouches his Heir; the Heir shall deraigne the first War∣ranty. Also this word is used when Religious men forsake

Page 272

their Orders and Professions; as in Kitch. fol. 152. b. if a man makes a Lease for life upon condition, that if the Lessor dies without issue, then the Les∣see shall have Fee, the Lessee en∣ters in Religion, and then the Lessor dies without issue, and after the Lessee is deraigned; he shall not have Fee, insomuch as at the time of the Condition the Fee cannot vast in him.

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