In other respects, the same Rules should be observed, as in pledges of
moveables, concerning which we have already spoken. But, it must be
remarked, that if, after any one has paid his Debt, or has in a proper
manner tendered it, the Creditor should maliciously detain the pledge,
the Debtor upon complaining to the Court shall have the following Writ——
CHAP. IX.
“The King to the Sheriff, Health. Command _N._ that justly and without
delay, he render to _R._ the whole Lands, or such Lands, in such a
Vill, which he has pledged to him for a Hundred Marks for a term which
is past, as he says, and has received his Money, or which he has
redeemed, as he says; and, unless he does so Summon him by good &c.”
CHAP. X.
Upon the Creditor’s appearing in Court, being summoned for this
purpose, he will either acknowledge the Land in question, as his
pledge, or he will say, he holds such Land, as his Fee. In the former
case, he ought either to return the pledge, or shew to the Court
some reasonable cause, why he should not be compelled to do so. In
the latter case, it shall, upon the prayer either of the Creditor or
Debtor, be put upon a Recognition of the County, whether the Creditor
holds the Land in question, as his Fee, or his Pledge; or whether his
Father, or any other of his Ancestors, was seised of it, as in Fee or
in Pledge, on the day of his death; and, so it may be objected to him
who seeks the Land upon the seisin of his Father.
Thus the Recognition upon this subject may be infinitely varied, to
correspond with the Claim and the Defence. But, if the Recognition be
not prayed by either party, the Plea may proceed in Court upon the
Right.
CHAP. XI.
If the Creditor lose his Seisin, either by means of the Debtor, or any
other person, he cannot recover it through the assistance of the Court;
not even by a Recognition of Novel Disseisin.
For if he was unjustly and without a judgment disseised of his pledge,
by any other person than the Debtor himself, the Debtor may have an
Assise of Novel Disseisin. If, however, the Creditor was disseised by
the Debtor himself, the Court will not assist him against the Debtor,
in recovering his pledge, or in giving him a Re-entry, unless through
the Debtor himself; for the Creditor should resort to an original
Plea of Debt, in order that the Debtor may be compelled to render him
satisfaction for his Debt. In such case, the Debtor shall be summoned
by the foregoing Writ of first summons.
CHAP. XII.
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