FESTE.

_Letters of Horning_ (Vol. ii., p. 393.).--Letters of Horning, in the law

of Scotland, are writs issuing under the signet of the sovereign (used in

the Supreme Court, or Court of Session, for signifying the sovereign's

assent to writs issuing from that court) obtained by creditors, commanding

messengers at arms

"To charge the debtor to pay or perform his obligation within a day

certain." ... "If payment be not made within the days mentioned in the

horning, the messsenger, after proclaiming three oyesses at the

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."

§ 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

Jonathan Oldbuck, Esq., of Monkbarns, who proves to his nephew, Captain

McIntyre, that in that happy country no man can be legally imprisoned _for

debt_. He says,--

"You suppose now a man's committed to prison because he cannot pay his

debts? Quite otherwise; the truth is, the king is so good as to

interfere at the request of the creditor, and to send the debtor his

royal command to do him justice within a certain time; fifteen days, or

six, as the case may be. Well, the man resists, and disobeys; what

follows? Why, that he be lawfully and rightfully declared a rebel to

our gracious sovereign, whose command he has disobeyed, and that by

three blasts of a horn, at the market-place of Edinburgh, the

metropolis of Scotland. And he is then legally imprisoned, not on

account of any civil debt, but because of his ungrateful contempt of

the royal mandate."

I have only quoted what was absolutely necessary to answer the Query; but

there is much more to be found on the subject in the same place.

I cannot suppose that there is any one of your readers so illiterate as not

to have read the _Antiquary_, {450} there are few memories which are not

the better for being from time to time refreshed. My own is not of the

best, which is sometimes disadvantageous to me, but not in a case like

this. I have frequently read over the _Antiquary_, again and again, and

have always derived much pleasure and amusement from so doing, and that

pleasure I hope still again to enjoy.

J. S----s.

_Dr. Euseby Cleaver_ (Vol. ii., p. 297.).--Your correspondent H. COTTON,

Thurles, Ireland, is mistaken with reward to Dr. Euseby Cleaver. He was

never Bishop of Cork and Ross. He was Bishop of Ferns and Leighlin, and

translated thence to the archbishopric of Dublin _about_ the year 1805. No

doubt the transaction will be found in the Registry of Ferns, but I do not

know the date of his consecration.

Notes and Queries, Number 57, November 30, 1850 · 第 81 / 131 题