Found, that lint, hemp, milk, &c. totally prescribe non utendo for forty years, also all species of animals, except calves and lambs; as to them and wool, it was found, that cessation of payment liberated only for all years above forty.
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A pursuit for teinds. Alleged, An immunity from vicarage, prescribed by not payment for forty years, which takes away ipsum jus, vicarage being but like a servitus itineris, or actus, which loses non utendo. The Lords found the vicarage totally prescribed quoad lint, hemp, milk, and generally all species except calves, lambs, and wool, which commonly paid vicarage in all places; and as to these three, found cessation of payment liberated only for all years above forty. The same had been found before, the Earl of Panmuir and the Heritors of Inveresk, (see Appendix.); as also, the Parson of Prestonhaugh and his Parishioners, No 61. 10761.: And as to roots, it was lately decided between Gibb in Futhesmyre in Aberdeen and Burnet, voce Teinds, where roots and herbs were found not liable in vicarage, unless they had been in use of paying the teind within these forty years; and on the 30th June 1668, the Minister of Elgin against his Parishioners, pursuing for the vicarage of some yeards in Elgin, belonging to the canons of old, it was found they should not pay vicarage, because free forty years back, and past all memory, unless he would prove payment either out of these or any other of the canons' portions within that time to the church, voce Teinds.
