312 Negatiua preg∣nans.
NEgatiua pregnans, is when an action or in∣formation, or such lyke is brought against one, & the defendant pleadeth in barre of the action, or o∣therwise, a negatiue plée, which is not so speciall
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
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- 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
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http://name.umdl.umich.edu/A10426.0001.001
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"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 May 28, 2025.
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an aunswere to the action, but that it includeth also an affirmatiue: As for ex∣ample: If in a writte of Entre in casu prouiso, brought by him in the re∣uersion vpon alienation by the tenant for life, suppo∣sing that hée hath aliened in fée (which is a forfai∣ture of his estate) and the tenant to the writte say∣eth that hee hath not alie∣ned in fee, this is a nega∣tiue, wherein is inclu∣ded an affirmatiue: for al∣though it bée true, that he hath not aliened in fée, yet it may bée that hée hath made an estate in tayle (which is also a forfai∣ture) and then the entrie of him in the reuersion is lawfull &c.
Also in a Quare impedit the Quéene makes title to present to a Prebend, for that the temporalties of the Bishopricke we••e in her handes by the death of w. late Bishop▪ &c. The defendant saith that it was not voyde béeing the Temporalties in the Quéenes handes by the death of w. this is a
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Negatiue preignans, for it may be in y• Quéens hāds otherwise then by the death of w. and it sufficeth the Quéen if it be in her hāds by any meanes &c.
So it is where an In∣formation was brought in the Eschequer against I. S. for that he bought wooll betwene shering time and the Assumptiō such a yere of I. N. The defendant saith that he did not buy a∣nie of I. N. as it is allead∣ged &c. this is called a Ne∣gatiue preignans, for it hee bought it o•• anie other, yet he is culpable for the buy∣ing.