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Legal Definitions - acquietandis plegiis

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Definition of acquietandis plegiis

The term acquietandis plegiis refers to a historical legal writ, which was a formal written order issued by a court. Its purpose was to compel a creditor to release a surety from their obligation once the principal debt had been fully paid or otherwise satisfied. In essence, if someone had guaranteed another person's debt and that debt was subsequently settled, this writ would ensure the guarantor was formally discharged from any further responsibility.

Here are some examples illustrating the application of this historical writ:

  • Example 1: Medieval Agricultural Loan

    Imagine a medieval farmer, Elara, who needed a loan from the local moneylender, Master Thorne, to purchase new livestock. Elara's neighbor, Sir Kael, agreed to act as a surety, promising Master Thorne that he would pay the debt if Elara defaulted. Elara worked diligently, had a successful harvest, and fully repaid Master Thorne the entire loan amount, including interest. However, Master Thorne, perhaps due to oversight or a desire to maintain leverage, failed to formally acknowledge that Sir Kael was no longer responsible for the debt.

    In this scenario, Sir Kael could have sought an acquietandis plegiis writ from the court. This writ would have legally compelled Master Thorne to issue a formal discharge, confirming that Sir Kael was released from his surety obligation since the debt had been satisfied by Elara.

  • Example 2: Merchant's Credit Purchase

    In a bustling medieval town, a craftsman named Finn wished to purchase a large quantity of rare dyes from a merchant, Lady Isolde, on credit. Finn's guild master, Lord Gareth, provided a surety, guaranteeing payment to Lady Isolde if Finn failed to pay for the dyes. Finn diligently completed his commissioned work and paid Lady Isolde the full amount for the dyes. Despite receiving payment, Lady Isolde did not provide Lord Gareth with a formal document or acknowledgment releasing him from his surety.

    If Lord Gareth wished to ensure his legal standing and prevent any future claims from Lady Isolde regarding Finn's debt, he could have petitioned the court for an acquietandis plegiis writ. This writ would have legally mandated Lady Isolde to formally discharge Lord Gareth from his role as surety, recognizing that Finn had fulfilled his financial obligation.

Simple Definition

Acquietandis plegiis was a historical legal writ. It allowed a surety, or guarantor, to compel a creditor to officially release them from their obligation once the principal debt had been fully satisfied.

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