a pledge or gage for surety of payment of money lent. It is said to be derived à pugno, quia res qua pignori dantur, pugno vel manu traduntur. The party that pawned goods hath a general property in them; they cannot be forfeited by the party that hath them in pawn for any offence of his, nor be taken in execution for his debt; neither may they otherwise be put in execution till the debt for which they are pawned is satisfied.

If the pawn is laid up, and the pawnee robbed, he is not answerable; though if the pawnee use the thing, as a jewel, watch, &c. that will not be the worse for wearing, which he may do, it is at his peril; and if he is robbed, he is answerable to the owner, as the using occasioned the loss, &c.

If the pawn is of such a nature that the keeping is a charge to the pawnee, as a cow or a horse, &c. he may milk the one and ride the other, and this shall go in recompence for his keeping.

Things which will grow the worse by using, as apparel, &c. he may not use.