[1661/1/175]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, having taken to their consideration a petition presented to them by Mr Patrick Durham, late minister at Ardersier, showing that he, being provided during all the days of his lifetime to the deanery of Ross and to forty bolls of teind victual with certain customs and silver duty payable to him furth of the teinds of the parish of Rosemarkie, by the heritors and possessors thereof, which teinds did never belong to the minister of Ardersier but did properly belong to the petitioner as dean of Ross whereof he was in use of payment ever since his presentation to the said deanery of Ross, as his decreet produced will testify, nevertheless the heritors, feuars, liferenters, possessors and others due and in use of payment of the said teinds, customs and other duties foresaid, refuses to make payment to the petitioner thereof these three years bygone, until he get his decreet ratified and an order to them for payment to him of the same; and therefore, craving that the said decreet may be ratified in parliament and that further order and warrant may be granted to him for charging of the said heritors, feuars, liferenters, tenants, possessors and others due and in use of payment of the said teinds, customs and other duties furth of the said parish of Rosemarkie belonging to the said deanery of Ross to make payment to the petitioner of the said teinds, customs and other duties due and payable to him furth of the said deanery and parish foresaid, and that for these three years bygone and also yearly in time coming during his lifetime conforming to his decreet in all points, and that action might be reserved to him for those teinds belonging to the said deanery intromitted with by the minister of Cromarty to be discussed before the judge ordinary, according to the law. And having also considered the foresaid decreet and the equity of the cause, therefore, our sovereign lord, with advice and consent of his estates of parliament, decrees and ordains all and sundry the heritors, feuars, farmers, liferenters, tenants, possessors and others due and in use of payment of the said teinds, customs and other duties furth of the said parish of Rosemarkie belonging to the said deanery, to make good and thankful payment to the said Mr Patrick Durham of the said teinds, customs and other duties due and payable to him furth of the deanery and parish foresaid, and that for the said bygone three years resting unpaid to him, as said is, each one of them for their own parts, and hereby reserves action to him before the judge ordinary for payment of the said teinds, customs and others foresaid in time coming against the persons liable in payment thereof, conforming to the said decreet and also against the minister of Cromarty for repayment and delivery to him of those teinds belonging to the said deanery and intromitted with by him, according to the law, and ordains letters of horning on 15 days etc.