PLEDGE, contracts. He who becomes security for another, and, in this sense, every one who becomes bail1 for another is a pledge. 4 Inst. 180 Com. Dig. B. See Pledges.
PLEDGER. The same as pawner. (q. v.)
PLEDGEE. The same as pawnee. (q. v.)
PLEDGES, pleading. It was anciently necessary to find pledges or sureties to prosecute3 a suit, and the names of the pledges were added at the foot of the declaration; but in the course of time it became unnecessary to find such pledges because the plaintiff was no longer liable to be amerced, pro2 falsa clamora, and the pledges were merely nominal4 persons, and now John Doe and Richard Roe5 are the universal pledges; but they may be omitted altogether; 1 Tidd's. Pr. 455; Arch. Civ. Pl. 171; or inserted at any time before judgment6. 4 John. 190.
PLEGIIS ACQUIETANDIS, WRIT7 DE. The name of an ancient writ in the English law, which lies where a man becomes pledge or surety for another to pay a certain sum of money at a certain day; after the day, if the debtor8 does not pay the debt, and the. surety be compelled to pay, he shall have this writ to compel the debtor to pay the same. F. N. B. 321.
PLENA PROBATIO. A term used in the civil law, to signify full proof, in contradistinction to semi-plena probatio, which is only a presumption9. Code, 4, 19, 5, &c. 1 Greenl. Ev. §119.
PLENARTY, eccl. law. Signifies that a benefice is full. Vide Avoidance.
PLENARY. Full, complete.
2. In the courts of admiralty, and in the English ecclesiastical courts, causes or suits in respect of the different course of proceeding10 in each, are termed plenary or summary. Plenary, or full and formal suits, are those in which the proceedings11 must be full and formal: the term summary is applied12 to those causes where the proceedings are more succinct13 and less formal. Law's Oughton, 41; 2 Chit. Pr. 481.
PLENE ADMINISTRAVIT, pleading. A plea in bar entered by an executor or administrator14 by which he affirms that he had not in his possession at the time of the commencement of the suit, nor has had at any time since any goods of the deceased to be administered; when the plaintiff replies that the defendant15 had goods, &c., in his possession at that time, and the parties join issue, the burden of the proof will be on the plaintiff. Vide 15 John. R. 323; 6 T. R. 10; 1 Barn. & Ald. 254; 11 Vin. Ab. 349; 12 Vin. Ab. 185; 2 Phil. Ev. 295; 3 Saund. (a) 315, n. 1; 6 Com. Dig. 311.