Online Encyclopedia

LETTERS OF HORNING

Online Encyclopedia
Originally appearing in Volume V13, Page 711 of the 1911 Encyclopedia Britannica.
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LETTERS OF

HORNING  , a
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term in Scots law . Originally in Scotland imprisonment for debt was enforceable only in certain cases, but a custom gradually grew up of taking the debtor's oath to pay . If the debtor broke his oath, he became liable to the discipline of the Church . The
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civil power, further, stepped in to aid the ecclesiastical, and denounced him as a rebel, imprisoning his person and confiscating his goods . The method declaring a person a rebel was by giving three blasts on a horn and publicly proclaiming the fact; hence the expression, "put to the horn." The subsequent
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process, the warrant directing a messenger-at-arms to charge the debtor to pay or perform in terms of the letters, was called " letters of horning." This
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system of execution, was simplified by an act of 1837 (
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Personal
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Diligence Act), and execution is now usually by diligence (see EXECUTION) .

End of Article: LETTERS OF HORNING
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