DY'VOUR AND DYVOUR'S HABIT (from the Fr. detain to owe; a debtor). In the old legal language of Scotland, a D. seems to have been synonymous with a bankrupt. Skene speaks of a D. or " bairman" (bare-man), as one who, " being involved and drowned in debts, and not able to pay or satisfy the same, for eschewing of prison and other pains, makes cession and assignation of all his goods and gear in favor of his creditors, and dons his devour and duty to them, proclaiming himself bairman and indigent, and becoming debt-bound to them of all he has." It was ordained by act of sederunt (q.v.) of 17th May, 1606, that a pillory be erected near the market cross of Edinburgh, with a seat upon it, upon which dyvours shall be exposed once on a market. day; and before their liberation from jail, they are required to provide themselves with a hat or bonnet of yellow color, to be worn by them while thus exposed, and constantly thereafter, while they continue dyvours, under pain of three months' imprisonment if they be found without it. By subsequent acts (26th Feb., 1699, and 23d Jan., 1673), the dyvour's habit is appointed to be a coat or upper garment, half yellow and half brown, with a party-colored cap or hood, to be worn on the head; any of his creditors.
being entitled to imprison him if he be found without it. The act of sederunt of 18th July, 1688, prescribes as the dyvour's habit, "a bonnet, partly of a brown and partly of a yellow color, with uppermost hose, or stockings, on his legs, half brown and half • yellow colored, conform to a pattern delivered to the magistrates of Edinburgh, to be keeped in their tolbooth;" and declares that the lords will not hereafter dispense with it, unless in the case of innocent misfortunes. Finally, by statute (1696 c. 5), the lords of session are prohibited from dispensing with the dyvour s habit unless, in the process of cessio bonorum (q.v.), the bankrupt's failure be alleged and proved to have been by misfortune. This statute is repealed, and the dyvour's habit abolished, by 6 and 7 "Will. IV. c. 56—previous to which time the barbaric practice of wearing the habit had, by sufferance of the court, been departed from.