[Footnote 375: The Norman Code divides Pledges into, _simplices_,
and _debiti retinentes_. An example of the former kind is the
following—_Ego plegio A. quod reddat B. decem solidos_. The effect of
such a pledge was, that it ceased with the life of the person entering
into it, and descended not upon his Heirs. Neither was there any
difference, in this respect, if the pledge was given for the appearance
of another in any suit. With respect to the latter kind of pledge,
the Term was employed, when the person entering into it made himself
answerable for the Debt, and thus stood in the twofold capacity of
Debtor and pledge. The effect of this seems to have been, to release
the original Debtor, and to render the Representatives of the person
entering into it liable to answer it. (Le Grand Custum. de Norm. c. 60.
89. 90.)]
CHAP. IV.
“The King to the Sheriff, Health. Command _N._, that justly and without
delay, he acquit _R._ of the Hundred Marks against _N._, for which he
became his surety, as he says, and of which he complains he has not
acquitted him. And, unless he does so, summon him, by good Summoners,
&c.”
CHAP. V.
When the Pledges appear in Court, they will either confess their
Suretyship, or they will deny it. Should they adopt the former course,
they are then bound[376] to satisfy the Creditor, at a convenient time
appointed in Court for such purpose; or they are bound in a legal
manner to prove, that they are discharged from such suretyship by
payment, or by some other lawful means. But, if there are many Pledges,
each of them is answerable for the whole Debt, unless it was otherwise
stipulated when they became Sureties; and they are all to be distrained
to satisfy the Debt.
[Footnote 376: The same Rule is laid down in the Norman Code: but the
subject is there treated far more diffusely. It seems, by that Code,
to have been an obligation imposed upon the Homager, by his tenure, to
become pledge for his Lord’s Debts to the extent of a year’s Rent—to
become pledge for his person, if in prison—for his prosecuting a suit,
or appearing to it, &c. &c. (Grand Custum. c. 60.)]
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