(Scots law) The process by which persons, lands, or effects are seized for debt; process for enforcing the attendance of witnesses or the production of writings.
- The precepts against parties, to whose oath of verity any point is referred, do only command them to compear at the term, with certification, that if they compear not, they shall be holden as confessing the point referred to their oath; but precepts against witnesses cannot have that certification, but all that can be done against them, or against the havers of writs, is to compel them to appear, and depone; and therefore these precepts are called executorials, because they are for putting the acts to effect by execution: they are also called compulsitors for the same reason. And they are called diligences, because they excuse the users thereof from negligence, whereby posterior diligences being exacty followed, are preferable to prior diligences being neglected, vigilantibus non dormientibus jura subveniunt, which is founded upon that great interest to hasten pleas to an end. They are also called diligences, because though the effect do not follow, yet the user thereof hath endeavoured what he could, and so is held as in the same case as if he had obtained the command of the precept. These precepts are called executorials before executions be thereupon; but they are only called diligences when they are executed in due time.
... Diligences are of three sorts, being either upon precepts before decreets, upon acts, or upon decreets.
The last sort of diligences and executorials, viz. those after decreets, which serve for putting of decreets to execution, and making them effectual, are ordinarily horning, caption, poinding, charges to remove, and thereupon letters of possession, (which are granted on all decreets in petitory and possessory actions, but declaratory actions need none,) together with the executory actions upon arrestments, and of adjudications of lands and annualrents..