Regarding denunciation of persons to the horn upon letters charging all and sundry generally

2Our sovereign lord, with advice of the estates of parliament, understanding that one of the great causes of the present confusion is the multitude of rebels at the horn for civil causes and that the occasion thereof is the direction of letters of horning in beneficial matters generally against all and sundry, whereby it occurs daily that the beneficed man, his tacksmen, one or more pensioners, his majesty's collectors, one or more sundry ministers, one or more donators to the monks' portions, first fruits and fifth penny, each one with their general letters, charge a tenant due in payment to the prelate for his duty, whereby diverse double poindings come in before the lords of session, and the said tenants are often forced to pass to the horn, not being able to pay over their duty so often to so many parties or to abide the expense of suing them all; for remedy whereof, has statute, and with advice foresaid, ordained in time coming no charges nor letters of horning shall be generally directed against all and sundry unless it be against a burgh, college or community, which represents a body at the least; it shall not be permissible to denounce any particular party to the horn upon such general letters, except if the said party be first lawfully and specially called to hear and see the said letters directed against him for a special and certain duty or fact; and for this effect that all gifts of pension, monks' portions, ministers' assignations of thirds etc., the special lands, names of the tenants and quantity of the duties assigned, assumed or conveyed be particularly contained and that a duty be not conveyed to two sundry parties, which is a deceitful crime of the law, providing it shall be permissible to any beneficed man to seek general letters according to his provision to corroborate the same and to serve for a publication and intimation thereof, but in no way to serve or be sufficient to denounce any man to the horn not being specially called, and his duty expressed therein as said is.

  1. NAS, PA2/14, f.32r.
  2. Written in margin: 'V'.