[1706/10/87]*[print] [email] [cite] [preceding] [following]
dated 19 November 1706, though recorded in this place
At Edinburgh, 19 November 1706, her majesty's high commissioner and the estates of parliament, having heard the petition of Ludovic Grant of that ilk, humbly showing to them that the petitioner's lands of Pluscardine, which before the reformation did belong to the abbacy of Elgin and Cistercian order, were feued out with the parsonage teinds, included and never separated from the stock, and thus the right both of stock and teind have come by progress to the petitioner so as his teinds ought not to be burdened with augmentation of stipends, as long as there is sufficiency of other teinds within the parish for that purpose. Notwithstanding whereof, the ministers of Elgin, having pursued for a modification and locality before the commission of the plantation appointed by the parliament in the late King William's reign they, in the hurry of the end of a session while the petitioner was out of town, did obtain a locality at the risk of the petitioner, by which the petitioner is extremely harmed, being not only wholly free in law, but likewise overburdened even according to a proportional, and the commission, having some notice thereof, were so just as expressly to declare before extract that the same should be without prejudice to the heritors overburdened to obtain relief from others, conforming to their respective rights, providing that this should not stop the ministers' payment, until a new decreet resettling the locality should be delivered by the complainers to the ministers. Hereupon, the petitioner is under great hardship for, however the said commission might have continued, yet de facto they have not sat since the calling of this present parliament and, thereby, the petitioner is precluded of his redress, either as to bygones or in time coming. Nor can the lords of session suspend in respect of the quality of the decreet, nor can they rectify the same without a special remit and, this being a special case founded in law and even upon the conception of the decreet of locality itself, which is proper before the session, if his grace and their lordships did not take some general course, craving, therefore, his grace and the honourable estates to remit to the lords of session the giving redress to the petitioner the same way as he might have had before a commission both as to bygones and in time coming, upon his raising process before the session against those interested for that effect, as the said petition bears. Upon hearing whereof, on 9 November instant, her majesty's high commissioner and the estates of parliament had ordained the same to be seen and answered by any party concerned the last sederunt of parliament of the week then next following, with certification etc. And her majesty's said commissioner, having this day fully considered the said petition, and being well and ripely advised therewith, and the above ministers and heritors being publicly called in presence, and no answer given, the said high commissioner and estates foresaid remitted and hereby remit to the commission for plantation of kirks and valuation of teinds, if any such shall be appointed before intending the process, and if no commission be so named, to the lords of session, to give due redress to the petitioner and administer justice to him in the matter represented upon legal citation, at his instance, against all parties having interest for that effect.