Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Anent Commonties
Date: 4 February 1668
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The Laird of Haining being infeft in the lands of Haining, with its parts and pertinents, cum pascuis et pasturis, but not cum communi pastura; holding feu of the king; and the town of Selkirk, by their charter of erection, granted to them by the king, being specially infeft in the muir, as the commonty of their town: and both pursuing molestations against others,
The Lords found that Haining being infeft cum pascuis, &c. and in possession of pasturage past memory of man, he had right to pasture there, but not to cast feal and divot. But if he had been infeft cum communi pastura, and so in possession, The Lords declared, that having right of pasturage, the right of casting had been included; because major servitus includit minorem: and that cum pascuis, &c. in Haining's charter, did relate to the lands, but not to the commonty.
