History of corn milling .. - Centrostudirpinia.it

SOME FEUDAL MILLS. 115
In due course ''Mr. Francis Gamull exhibited his ^^^^JJvtt^
. , DEE . MILLS,
Bill in the Exchequer at Chester, to be reteined against Chester.
the said Russell and others, who have set up mills and 28. Another
withdrawn their grist from Dee Mills: and upon view "Case," 1635.
of the record of the custom and former decrees and
affidavit of possession, some of the defendants were
accordingly ordered to grind at Dee Mills till the Harl. MSS.,
hearing of the cause." Gamull thereupon submitted ^°^^' ^7°*
another case for counsel, choosing for the purpose
William Nuthall ; whose opinion is annexed :—
1. Whether the tenure in capite, being aided by the said decrees, Ibid., 2081. 170.
may preserve the ancient rights of multure, and doth so bind the
inhabitants of the city to grind their corn and malt at Dee Mills, as
the now owner may be reteined in equity in his suit, though the
king have neither reteined rent nor tenements; nor other mills should
be erected in prejudice thereof?— I conceive y® Court of Chester by
reason of their former decrees have a full privilege to make the like
decree againe.
2. Whether the sufferance of the said horsemills being erected
within memory, and most of the city grinding at Dee Mills, hath
destroyed the customs belonging to Dee Mills ?—Y^ sufferance of y®
horsemilne hath not destroyed y^ custome.
3. Whether the addition of a new milne hath destroyed the
custom belonging to the old ?— It hath been many tymes resolved in
erection and addition of a new mill
y*' Excheq^ at West"* that y®
destroyed not y^ custome of y® old, but y^ tent** are not bound to
grind at y*^ new milne, but must bring their grist to y^ old mill, and
it is not much materiall where y^ miller grindeth it
4. Whether the fermors having not of late kept courts nor seised
corn according to the ancient customs have lost the same by nonuser
?— Y*^ non-user doth not destroye y^ custome.
5. Whether upon view of the former decrees and ancient customs
and affidavits that the defendants did formerly grind at Dee Milnes,
the Court may enjoin and order them to grind there till the hearing
of the cause and other order ?— I doe not conceave the Court before a
hearing ought to require the tent^ to grind, for in that case it is ever
sayd y^ y® Court should in effect determine y^ cause before it is heard.
6. Some of the defendants who were ordered to grind at Dee
Mills have, to evade the said order, ground their malt at the said
horsemills and given out they buy their malt ready ground and not
before. Soe what course is to be taken herein, for it was never
known in these parts that any ever bought malt ready ground ?— If
the tenants be such as are bound by y® decree, an affidavit might be
made of it, and then y^ Court will get an attachment : uppon
which
attachment y® party is to be examined upon interrogate^ if it appeare
to y® Court this is a contempt, and as a contempt is punishable.