Maybe this explains it... letters of horning - one of the forms of diligence; the comparatively mild one. Takes the form (as they generally do) of a letter in the monarch's name under the signet seal. Which is sent to a law officer instructing him to charge someone who has defaulted on an agreement to pay or perform what he had agreed within a set time under pain of being denounced rebel and " put to the horn " - it opens the way for the action by which the defaulter's moveables can escheat to the Crown in theory and in fact be sold to satisfy the complainer in practice. See poinding. poinding a diligence (enforced by letter under the signet called "letters of poinding") whereby ownership of a debtor's moveable property is transferred to his creditor. "Real poinding" or "poinding of the ground" is the poinding of goods lying on lands which are a security for the debt; "personal poinding" is the poinding of moveables which are then sold at auction (or "made penny of" in the usual phrase) the proceeds of which are used to pay the debt. If there is more than one creditor, there may be an action of multiple poinding raised by the debtor It sounds like being put to the horn meant your property was confiscated and sold. What do you think? Sue ----- Original Message ----- From: "Douglas Young" <d.m.young@earthlink.net> To: <SCT-ISLAY-L@rootsweb.com> Sent: Friday, January 27, 2006 5:09 PM Subject: Re: [SCT-ISLAY] research fun Here are four 'ACCUSED' cases from the below listed site. WOW - pretty tough in those days. Present days law is much more considerate. I understand ' Transportation - Life' as meaning being sent to Australia for life but what does 'Outlawed and put to the horn' mean ????? Doug Young Accused Alexander Kelby, Address: [Barnslas]. Entry relating to the crime of forgery. Date of trial: 9 Sep 1803, Verdict: Outlawed, Verdict Comments: Outlaw and fugitive, Sentence: Outlawed and put to the horn Accused James Myres. Entry relating to the crime of theft and housebreaking. Date of trial: 11 Sep 1802, Verdict: Guilty, Sentence: Transportation - Life Accused William Carson, weaver, Address: Irvine, Ayrshire. Entry relating to the crime of theft and housebreaking. Date of trial: 13 Apr 1804, Verdict: Guilty, Sentence: Transportation - Life Accused Mary Thomson, sister of Robert Thomson, blacksmith at Nethermill, Kirkmichael parish, Address: Nethermill, Kirkmichael. Entry relating to the crime of child murder. Date of trial: 16 Sep 1802, Verdict: Outlawed, Verdict Comments: Outlaw and fugitive, Sentence: Outlawed and put to the horn ----- Original Message ----- From: "Sue V" <genealgal2@execulink.com> To: <SCT-ISLAY-L@rootsweb.com> Sent: Friday, January 27, 2006 8:21 AM Subject: [SCT-ISLAY] research fun > OK - so you have an hour or so to spare and would like a break from your > specific family research. > > Go to http://www.dswebhosting.info/nas/ > > and type in "Islay" in "Any Text" and see what comes up. When you click > on the number beside each item, more details are available. > > Cheerio > Sue Visser > > > ==== SCT-ISLAY Mailing List ==== > Here are some links related to the Isle of Islay: > http://homepages.rootsweb.com/~steve/islay/links.htm > > ==== SCT-ISLAY Mailing List ==== Find out who has books and research data pertaining to Islay at the Virtual Library: http://homepages.rootsweb.com/~steve/islay/library.htm __________ NOD32 1.1382 (20060127) Information __________ This message was checked by NOD32 antivirus system. http://www.eset.com __________ NOD32 1.1382 (20060127) Information __________ This message was checked by NOD32 antivirus system. http://www.eset.com
"Outlawed and put to the horn" Thank you everyone for the explanations. I went back and analyzed the 48 ACCUSED cases of the South Circuit Court. Of the 48 cases in the Minutes 11 cases - for forgery, murder, rioting, theft, sheep-stealing, perjury - were situations where the accused was Guilty and also was a 'fugitive' and the words "outlawed and put to the horn" were part of their record. In the other 37 cases the accused had been determined Guilty but were not determined to be a fugutive and no 'put to the horn' message was recorded in their record. The '37' accused was 'Banished from Scotland (some for life, others for a period of years). From all of this it would appear that when the defendant was Guilty and a fugitive that the Court announced or posted the Guilty verdict for the public to view or was placed on a sherrifs list for tracking. As an aside - One John Cook was convicted of the crime of rape. He was sentenced to death by hanging. 3 months later there was a remission of sentence granted by Edinburgh and he enlisted in the Royal Marines. Looks like punishments for crime in todays world make more sense. Thanks again for all the help, Doug ----- Original Message ----- From: "Sue V" <genealgal2@execulink.com> To: <SCT-ISLAY-L@rootsweb.com> Sent: Friday, January 27, 2006 5:52 PM Subject: Re: [SCT-ISLAY] research fun > Maybe this explains it... > > letters of horning - one of the forms of diligence; the comparatively mild > one. Takes the form (as they generally do) of a letter in the monarch's > name under the signet seal. Which is sent to a law officer instructing > him > to charge someone who has defaulted on an agreement to pay or perform what > he had agreed within a set time under pain of being denounced rebel and " > put to the horn " - it opens the way for the action by which the > defaulter's > moveables can escheat to the Crown in theory and in fact be sold to > satisfy > the complainer in practice. See poinding. > poinding > a diligence (enforced by letter under the signet called "letters of > poinding") whereby ownership of a debtor's moveable property is > transferred > to his creditor. "Real poinding" or "poinding of the ground" is the > poinding of goods lying on lands which are a security for the debt; > "personal poinding" is the poinding of moveables which are then sold at > auction (or "made penny of" in the usual phrase) the proceeds of which are > used to pay the debt. If there is more than one creditor, there may be an > action of multiple poinding raised by the debtor > > It sounds like being put to the horn meant your property was confiscated > and > sold. What do you think? > > Sue > > > ----- Original Message ----- > From: "Douglas Young" <d.m.young@earthlink.net> > To: <SCT-ISLAY-L@rootsweb.com> > Sent: Friday, January 27, 2006 5:09 PM > Subject: Re: [SCT-ISLAY] research fun > > > > Here are four 'ACCUSED' cases from the below listed site. > WOW - pretty tough in those days. Present days law is much more > considerate. > I understand ' Transportation - Life' as meaning being sent to Australia > for > life > but what does 'Outlawed and put to the horn' mean ????? > > Doug Young > > Accused Alexander Kelby, Address: [Barnslas]. Entry relating to the > crime of forgery. Date of trial: 9 Sep 1803, Verdict: Outlawed, Verdict > Comments: Outlaw and fugitive, Sentence: Outlawed and put to the horn > Accused James Myres. Entry relating to the crime of theft and > housebreaking. Date of trial: 11 Sep 1802, Verdict: Guilty, Sentence: > Transportation - Life > Accused William Carson, weaver, Address: Irvine, Ayrshire. Entry > relating to the crime of theft and housebreaking. Date of trial: 13 Apr > 1804, Verdict: Guilty, Sentence: Transportation - Life > Accused Mary Thomson, sister of Robert Thomson, blacksmith at > Nethermill, Kirkmichael parish, Address: Nethermill, Kirkmichael. Entry > relating to the crime of child murder. Date of trial: 16 Sep 1802, > Verdict: > Outlawed, Verdict Comments: Outlaw and fugitive, Sentence: Outlawed and > put > to the horn > > > ----- Original Message ----- > From: "Sue V" <genealgal2@execulink.com> > To: <SCT-ISLAY-L@rootsweb.com> > Sent: Friday, January 27, 2006 8:21 AM > Subject: [SCT-ISLAY] research fun > > >> OK - so you have an hour or so to spare and would like a break from your >> specific family research. >> >> Go to http://www.dswebhosting.info/nas/ >> >> and type in "Islay" in "Any Text" and see what comes up. When you click >> on the number beside each item, more details are available. >> >> Cheerio >> Sue Visser >> >> >> ==== SCT-ISLAY Mailing List ==== >> Here are some links related to the Isle of Islay: >> http://homepages.rootsweb.com/~steve/islay/links.htm >> >> > > > > ==== SCT-ISLAY Mailing List ==== > Find out who has books and research data pertaining to Islay at the > Virtual > Library: http://homepages.rootsweb.com/~steve/islay/library.htm > > > __________ NOD32 1.1382 (20060127) Information __________ > > This message was checked by NOD32 antivirus system. > http://www.eset.com > > > > > __________ NOD32 1.1382 (20060127) Information __________ > > This message was checked by NOD32 antivirus system. > http://www.eset.com > > > > > ==== SCT-ISLAY Mailing List ==== > To find Vital Statistics for islay from the earliest records to 1875 > visit: > HTTP://freepages.family.rootsweb.com/~tlarson/bdm/ > >