Upon the Debtor’s appearing on the day appointed in Court, if the
Creditor has neither Pledge, nor Sureties, nor any other proof, unless
the mere faith of the other, this will not be received as any proof in
the King’s Court.[384] Yet, he may proceed for the breach or violation
of faith in the Court Christian. But, though the Ecclesiastical Judge
can hold cognizance of such crime, and either impose penance on the
convicted party, or enjoin him to make satisfaction, yet, with respect
to Pleas concerning the Debts of the Laity, or affecting Tenements, the
Court Christian cannot by a Law of the Realm hold or decide them, under
the pretence of the party having pledged his promise.[385] The Creditor
ought, therefore, to adduce other proof, if the Debtor deny the Debt in
question.
[Footnote 384: Vide LL. Gul. Norman. c. 28. (Al. MS.) The Law here
alluded to, the Reader has already been put in possession of. See p.
170. note 1.]
[Footnote 385: Vide Constitutions of Clarendon. (Anglo-Sax. LL. Ed.
Wilkins. 324.)]
For if he admit it, then, he is bound to discharge it, in manner
similar to that we have already explained, in speaking of Pledges,
confessing their suretyship.[386] Should he, however, deny it, the
Creditor may prove his demand, either by a proper Witness, or by
the Duel, or by a Charter. When, therefore, any one offer in Court,
as proof of the Debt, the Charter of his Adversary, or his Ancestor,
the Defendant will either admit such Charter, or deny it. In the
latter case, he may deny or controvert it in two ways: thus, he may
acknowledge in Court the seal to be his own, but deny that the Charter
was made either by him, or with his consent, or that of his Ancestor;
or he may absolutely deny, both the Seal and the Charter. In the first
case, when he has publicly in court acknowledged the Seal to be his
own, he is bound to warrant the terms of the Charter, and, in all
respects, to observe the compact expressed in the Charter as contained
in it, without question, and to impute it to his own indiscretion,
if he incur any loss by negligently preserving his own Seal. But in
the latter case, the Charter may be proved in Court by the Duel by
any proper Witness, especially if his name be inserted in the Charter
itself. There is another mode by which the Credit of a Charter is
accustomed to be established in Court, namely, by some certain and
unquestionable signs. As, for Example, by other Charters, impressed
with the same Seal, and concerning which it is clear, that they are
the Charters of the party, who denies the present Charter, because he
has openly warranted them in Court. If in such case the impressions
coincide in every respect with one another, so that there is no
suspicion of any difference between the Seals, it is usual to consider
the fact as proved; and, whether by this, or by any other legal mode,
the party should be overcome, he shall lose his suit on the occasion,
whether it be a Plea of Debt, or concerning Land, or any other thing
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