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Encyclopedia Britannica



HORNING, LETTERS OF

This article appears in Volume V13, Page 711 of the Encyclopedia Britannica.

Encyclopedia Britannica - Main :: HIG-HOR
HORNING, LETTERS OF , a
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 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 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
system
  of execution, was simplified by an act of 1837 (Personal
Diligence
  Act), and execution is now usually by
diligence
  (see EXECUTION).


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