Notes and Queries, Number 57, November 30, 1850 by Various
page 61 of 91 (67%)
page 61 of 91 (67%)
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marketcross of the head borough of the debtor's domicil, and reading
the letters there, blows three blasts with a horn, by which the debtor is understood to be proclaimed rebel to the king for contempt of his authority." ยง 26. "Denunciation, if registered within fifteen days, either in the sheriff's books or in the general register, drew after it the rebel's single cheat, i.e. forfeiture of his moveables to the crown. So severe a penalty, with the character of rebel affixed to denunciation on civil debts, was probably owing to this; that anciently letters of horning were not granted but to enforce the performance of facts within one's own power, and when afterwards [in 1584] they came to be issued on liquid debts, the legislature neglected to soften the penalty. Insomuch that those who were denounced rebels, even for a civil cause, might be put to death with impunity till 1612. Persons denounced rebels have not a _persona standi ne judicio_. They can neither sue nor defend in any action." I have preferred, to any explanation of my own, to make the preceding extracts from Erskine's _Principles of the law of Scotland_, Book ii., Title 5., Sections 24, 25, 26.,--a standard institutional work of the highest authority. For those who are disinclined to examine the subject too gravely, I must refer to another authority equally worthy of credit, viz. Sir Walter Scott's _Antiquary_, where, in Chapter xviii., "Full of wise saws and modern instances." the subject of imprisonment for debt in Scotland is discussed most ably by |
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