When, therefore, moveables are put in pledge, so that possession be
delivered to the Creditor for a certain period, he is bound to keep
the pledge safely, and neither to use it, nor in any other manner
employ it, so as to render it of less Value. But should it, whilst in
Custody and within the Term, suffer deterioration, by the fault of the
creditor, a Computation shall be made to the extent of the detriment,
and deducted from the Debt. But, if the thing be of such a description
that it necessarily requires some expence and cost, for Example, that
it might be fed or repaired, then the stipulation of the parties on
that subject shall be abided by. In addition—when a thing is pledged
for a definite period, it is either agreed between the Creditor and
Debtor, that if, at the time appointed, the Debtor should not redeem
his pledge, it should then belong to the Creditor so that he might
dispose of it as his own; or no such agreement is entered into between
them. In the former case, the Agreement must be adhered to; in the
latter, the Term being unexpired[380] without the Debtor’s discharging
the Debt, the Creditor may complain of him, and the Debtor shall be
compelled to appear in Court, and answer by the following Writ.
[Footnote 380: _Existente termino._ This is a palpably false reading—it
should be, _elapso termino_, the term being expired, an expression
familiar to Glanville. This suggestion is sanctioned by the Reg. Maj.
“_the day being bygone_,” (L. 3. c. 3.)—by the expression of the text
_ad terminum_ in the sentence immediately preceding—by the words of the
Writ in the next chapter, “_a term which is past_”-and, lastly, by a
passage in the Eighth Chapter of this Book, where our Author expressly
lays it down, that, before the time fixed for payment, the Creditor
cannot claim the Debt. Yet is the reading _existente termino_ preserved
in Mr. Houard’s Edition of Glanville, an Edition frequently, but not
always, more correct than any of those printed in this Country.]
CHAP. VII.
“The King to the Sheriff, Health. Command _N._, that justly and without
delay, he redeem such a thing which he has pledged to _R._, for a
hundred Marks, for a Term which is past, as he says, and of which he
complains that he has not redeemed it; and, unless he does so, &c.”
CHAP. VIII.[381]
[Footnote 381: Sir Edward Coke, having been led by his subject to treat
of _conditions_, refers to the present Chapter of our Author. From such
plain and simple materials did the complicated doctrine of conditions
draw its primary principles!! (Co. Litt. 201. b.)]
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