Scottish Court of Session Decisions

Subject_1 MULTURES, (THIRLAGE.)

A
v.
B

(Brewhouse
v.
Robertson)

1742, Feb. 17.
Case No. No. 8.

Click here to view a pdf copy of this documet : PDF Copy

A Clause of thirlage, bearing omnia grana sua et fruges quantum serviunt pro sustentatione ipsorum domus, et omnia alia grana tarn brassium et triticum, quam omnia alia gratia et fruges in corum possessione ignem et aquam patientia ad molendina nostra granaria et ustrinas it Kelso ibidem moliri, et multuras et devorias pro iisdem solvi solilas et consuetas solvere; the question was, Whether malt imported, whether ground or unground, and afterwards brewed, was liable to the multure, as the miller alleged, or if what was malted within the thirl was so liable? And we delayed for memorials.—26th November 1741.

In the case mentioned supra, 26th November, We all agreed, that malt brought within the thirl ungrinded, and after consumed within the thirl, is liable to multure. But the real question was as to ungrinded malt? We agreed, that neither ground meal or flour was liable, because only grana et segetes, and particularly triticum was thirled, but brassium signifies grinded as well as ungrinded malt But some of us thought that only such brassium was by the words astricted as could be called grana, or could be ground. But it carried by the President's casting vote, that all malt consumed within the thirl is liable, whether it be grinded or not, before it be imported. 17th February Adhered. Two of us did not vote. Vide the papers as to tholing fire and water, and as to Craig's meaning.