Jurisdictions: or, The lawful authority of courts leet, courts baron, court of marshallseys, court of pypowder, and ancient demesne : together with the most necessary learning of tenures, and all their incidents, of essoynes, imparlance, view; of all manner of pleadings, of contracts, of the nature of all sorts of actions, of maintenance; of diverse other things, very profitable for all students of innes of court and chancery : and a most perfect directory for all stewards of any the sayd courts. / Heretofore writ in French by the methodically learned, John Kitchin of Grays-Inne, Esq; and now most exactly rendred to more ample advantage in the English tongue; with a demonstrative table, pointing out all matter of consequence, throughout the whole work. Whereunto is added the authentick formes of all manner of writs, with their severall returnes in English, very usefull for all men in this Common-wealth, as they be now used.

Negative Pregnant.

Where a Negative pregnant may be, and where not.

WAste, The Defendant saith, that he did not let to him for years, it is no Plea, for it is a pregnant Negative, but he shall say that he did not let at all, 43 Ed. 3. f. 13.

Action upon the Statute of Rich. he did not enter a∣gainst the Form of the Statute, is good, though it be a pregnant Negative, for that, that it traverseth the point of the Writ, 31 H. 6. f. 12.

Consimili Casu, Issue was, if he aliened in Fee, or not aliened in Fee, which is a pregnant Negative, and al∣lowed, the reason is plain, 38 H. 6 f. 3.

Lord and Tenant, the Tenant pleads a Feoffement made before the Statute of (quia em tores terrarum) after the time of memorie, and the Lord said, that he did not give after the time of memorie, and is good, notwith∣standing it be a pregnant Negative, 39 H. 6. f. 8.

Debt upon Obligation, the Condition to repair a House, and saith, that A. disturbed him by the Plaintiffes command, the Plaintiffe saith, that he did not disturb him by his commandement, and it is a pregnant Nega∣tive, and double, and for that saith, that he did not com∣mand him, and took the other by Protestation, 9 H. 6. f. 44.

Debt upon Obligation, the Defendant saith, it is in∣dorsed upon condition, to be at the arbitrement of B. so that it be delivered to the parties, before such a day, the

Defendant saith, that the Arbitrators made no such A∣ward, and delivered to the parties, and it is good notwith∣standing, that it be a pregnant Negative, for that it is Condition, and is the whole Condition: 10 Ed. 4. fol. 6.

Debt upon the statute against a Vicar for taking Farmes, he had not, nor held not, against the forme of the statute, is good, though it be a pregnant Negative, for that it is to the point of the statute, 27 H. 8. f. 25.

Action upon the Case against a common Inholder of his Goods taken, where they were laid; the Defendant saith, that they were not taken in default of him, nor of his Servants, and it is not good, for it is a pregnant Ne∣gative; the same Law is, where the Defendant saith, that he delivered to the Plaintiff the Key of his Chamber, and he carried A. and B. with him, which carried out the Goods, the Plaintiff saith, that A. and B. which he brought in with him did not carry out his Goods, and it is not good, for it is a pregnant Negative; 22 H. 6. fol. 22.

Waste of ten Oakes, the Defendant saith, that the Plain∣triff gave them to J. S. and commanded the Defendant to cut them, and to give them to J. S. which he did 〈◊〉〈◊〉 the Plaintiff saith, he did not cut them by his dommande∣ment, and it is not good, for it is a pregnant. Negative; and for that he saith, that he did not command; 21 H. 6. fol. 49.

Action upon the Case of his House burnt in dosa•••••• of good keeping the Fine of the Defendant; the Defendant saith, that the House was not burnt in default of his good keeping of his fire, in manner and forme, and it is a p••eg∣nant Negative, and was pleaded in Ariest of Judgement, for that, that in this are comprised two Sentences, one that the House was not burnt, the other that it was not in default of the Defendant; 28 H. 6. f. 8.