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Notes and Queries, Number 57, November 30, 1850 by Various
page 61 of 91 (67%)
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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