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OF ENTRY


Of the causa of property, where one or an ancestor willingly demised a tenement to another for a term that has passed, where the action to recover the tenement is one of entry.


[003] We have spoken above of the causa of possession, which is determined by assises and
[004] recognitions. Now we must speak of the causa of proprietas, which is determined by a
[005] jury on the testimony and proof of those who can prove of their own sight and hearing,1
[006] where, that is, one claims seisin, his own or that of some ancestor, of a thing
[007] which he willingly demised to another for a term of years or a term of life, and which
[008] at the conclusion of the term ought to return to him, where the assise of novel disseisin
[009] does not lie because he is not disseised wrongfully and against his will. Nor does
[010] the assise of mortdancestor, because his ancestor did not die seised in his demesne as
[011] of fee, because the other, he who held it for life, had the free tenement, which would
[012] be otherwise if it were for a term of years, though for a term of a hundred years which
[013] would exceed the life of man.2 This action lies not only against him who took the
[014] thing for a term, but also against all who have their entry through him, to the extent
[015] that the degrees and the time limitation permit. For it does not exceed the third
[016] degree nor does the time exceed the testimony of one who saw and heard. And not
[017] only against those who enter through such persons, but against others who enter
[018] through those who cannot transfer without the consent of others, though they have
[019] some right to transfer, as where a canon transfers without the consent of the bishop
[020] and chapter,3 or a wife without the consent of her husband, and conversely, a husband
[021] without the consent of his wife, [or] an abbot without the consent of the chapter. And
[022] so if a cellerer or other procurator transfers without the assent of the abbot or prior,
[023] or of the others whose assent is required in making a transfer. This action also lies
[024] against all who have their entry through those who transfer without having a free
[025] tenement or the right to transfer, where4 they are only in naked possession in the
[026] name of others and transfer without the consent of their lords, as a guardian or bailiff
[027] while someone is under age, or absent, or in prison, or of unsound mind, or in some
[028] other way, as will be explained more fully below.5 And note that



Notes

1. ‘auditu’

2. Supra ii, 92, iii, 127

3. Infra 35, 40

4. ‘ubi’

5. Infra 40


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