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.