Letters of horning

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Letters of horning is a term in Scots law.

[edit] History

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 the Personal Diligence Act of 1838, and execution was thereafter usually by diligence (see writ of execution).

The granting of letters of horning, letters of horning and poinding, letters of poinding and letters of caption shall cease to be competent following the Debtors (Scotland) Act 1987. The Register of Hornings is kept by Registers of Scotland.

[edit] Source

• This article incorporates text from the Encyclopædia Britannica Eleventh Edition, a publication now in the public domain.