Scottish Court of Session Decisions

Subject_1 MULTURES, (THIRLAGE.)

Earl of Hopetoun
v.
Feuars of Bathgate

1753, Nov. 21.
Case No. No. 12.

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The Earl was infeft in the barony of Bathgate, (part of the principality) and in the mill, with the multures and sequels of the barony. The feuars of houses and kail-yards in the town, who were also brewers, were in use of bringing all their malt to be ground-at the mill, and to pay intown multure; and one day in the week was allotted for grinding to them; and there was a carrier's horse that served the whole inhabitants, and was paid for by them. Some of them set up steel mills, and the Earl pursued declarator of the thirlage, and proved those facts, and proved also by parole evidence the fining of some who bought ground malt out of the thirl, and brewed it in the town without paying multure, but no decreets were produced. The Lords declared in the astriction unanimously, though the defenders proved pretty often going to other mills, even in day-light, and sometimes passing by the mill, though not that the miller knew it, and though they alleged that 40 years possession was not proved against each defender.