History of corn milling .. - Centrostudirpinia.it
History of corn milling .. - Centrostudirpinia.it History of corn milling .. - Centrostudirpinia.it
170 HISTORY OF CORN MILLING: vol. iv. ^,^,r^}J-rra ^Hc of HIs mllls— ^>. at Townsend, or the horse-mill, LIVERPOOL, or nootle mill. 1 wo or three copies or such leases 18. Townsend ^Y Moore remain in the Moore deeds. Taking that Windmill, granted to Nicholas Rochdell, November 25, 1671, the clause Leased enforcing compulsion and stipulating the penalty for its non-fulfilment is found to be as follows :— Moore Deeds, 435- Memorials of Liverpool, 1875 i. 113. Provided allwayes and upon condicon, and ye said Nicholas Rochdell for himselfe and his assignes doth covenante p'mise and grante to and with ye said Edward Moore his heires and assignes and ev'y of them by theis p'sents, that when and so often as hee ye said Nicholas Rochdale and his assignes shall have occacon of grinding anie manner of corne, mault or other graine, during ye terme and termes aforesaid, y* then and soe often as they or any of them shall grinde ye same at some of the milne or milnes of ye said Edward Moore his heires or assignes and not elsewhere : And if hee or they or anie of them shall make default therein, then to forfeite and paye, for ev'y Winchester measure or bushell soe grinded awaye, to ye said Edward Moore his heirs or assigns one shilling of lawfull money of England toties quoties noie poense. . . . Provided allways that if it shall happen the above menconed yearly rent, or any p'te or p'cell of the forseid [multure] of the said millnes bee behind &c. then it shall be lawful &c. for ye said Edward Moore &c. to distrain upon the said premises. The framing of leases in this form had become a very general affair throughout the kingdom, and obviously was a commonplace precaution against mills being deserted by tenants of the lands of the millowners. Picton, the popular topographer of Liverpool, however, following the example of Hey wood, the first editor of the Rental, has fallen foul of it, and chosen to extend to our day the obsolete prejudice and ill-feeling of two centuries ago against millowners ; inflicting on the memory of the unfortunate Edward Moore a stigma that only a can palliate. perfect One or misapprehension of the facts two isolated extracts from the 7?^/^/^/ regarding leases and ''penalties" evoke from Picton the absurd remark : '' Machiavelli himself could hardly have improved on the hard, astute, cunning selfishness Moore displayed." But let us see. Let us gather together, not one or two only, but all Moore's
SOME FEUDAL MILLS. 171 KING S MILLS, observations on the matter, and even make the case t^.Twir^i^' . Mil* agamst him as complete as possible, that it may Liverpool. be fairly adjudged :— IsTTownsend Mark well the covenant in your leases for grinding at your Tenants' mills. Let your penalty be as high as you can agree with the Leases tenants. . . . Know every week what tenants you have that grind away without lawful cause, and make them pay for it according to ^^"^^^' ^^- 20. ^' ^°" the covenants in their leases. . . . Make your leases according to my new lease in Moore Street. ... Be careful of the clause to grind at your mills : it is a great thing to your estate, and mind your tenants observe it well. This remember, that those who live upon any part of my lands, ought and are bound by special covenant to grind at some of my mills. . . . Observe well how you dispose of your lands in the field, for there is scarce a man in Liverpool that is not Mr. Crosse's tenant [and bound to grind at his Middle Mill] but upon consideration of leasing to them but two lands would be bound to grind at your mill, by which means you might make your horse-mill of great value. Vide the rule for the horse-mill in every lease you make; for those which have no houses under you but will under only lands in the field, and live in other men's houses, pretence of that not grind at your mill. So that you must advise with counsel for a particular clause or proviso in your leases to bind or force such to grind with you ; or else, as I find by experience, they will find some way to avoid you and not grind with you. These, then, were the instructions Moore thought it necessary to give his son for ensuring custom to the mill. The clause in the lease v^as not only legal, but was in ordinary operation throughout the kingdom ; the " penalty " for absence from the mill being the equivalent of the usual fine and confiscation for Text, III. 236, . 2^0. such default or the ; ordinary payment by the tenant for exemption. Many such leases made by others than Moore are to be found. In 1676, at about the time the Rental was written, for example, William, Earl of Derby, leasing land at Wavertree to one Robert Carter, stipulated that the latter '' shall always bring all the corn and grain which by him or his assigns and every of them shall be spent yearly in or upon the premises, to be ground upon or at the said earl's mill or mills within the manor of Wavertree and not elsewhere without reasonable cause" ; while ''if the said R. Carter
- Page 139 and 140: SOME FEUDAL MILLS. 119 bene." He di
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- Page 229 and 230: SOME FEUDAL MILLS. 209 Crabtree Lan
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SOME FEUDAL MILLS. 171<br />
KING S MILLS,<br />
observations on the matter, and even make the case t^.Twir^i^'<br />
. Mil*<br />
agamst him as complete as possible, that <strong>it</strong> may Liverpool.<br />
be fairly adjudged :— IsTTownsend<br />
Mark well the covenant in your leases for grinding at your Tenants'<br />
mills. Let your penalty be as high as you can agree w<strong>it</strong>h the<br />
Leases<br />
tenants. . . . Know every week what tenants you have that grind<br />
away w<strong>it</strong>hout lawful cause, and make them pay for <strong>it</strong> according to ^^"^^^' ^^- 20.<br />
^' ^°"<br />
the covenants in their leases. . . . Make your leases according to my<br />
new lease in Moore Street. ... Be careful <strong>of</strong> the clause to grind<br />
at your mills : <strong>it</strong> is a great thing to your estate, and mind your<br />
tenants observe <strong>it</strong> well. This remember, that those who live upon<br />
any part <strong>of</strong> my lands, ought and are bound by special covenant to<br />
grind at some <strong>of</strong> my mills. . . . Observe well how you dispose <strong>of</strong><br />
your lands in the field, for there is scarce a man in Liverpool that<br />
is not Mr. Crosse's tenant [and bound to grind at his Middle Mill]<br />
but upon consideration <strong>of</strong> leasing to them but two lands would be<br />
bound to grind at your mill, by which means you might make your<br />
horse-mill <strong>of</strong> great value. Vide the rule for the horse-mill in every<br />
lease you make; for those which have no houses under you but<br />
will under<br />
only lands in the field, and live in other men's houses,<br />
pretence <strong>of</strong> that not grind at your mill. So that you must advise<br />
w<strong>it</strong>h counsel for a particular clause or proviso in your leases to bind<br />
or force such to grind w<strong>it</strong>h you ; or else, as I find by experience,<br />
they will find some way to avoid you and not grind w<strong>it</strong>h you.<br />
These, then, were the instructions Moore thought<br />
<strong>it</strong> necessary to give his son for ensuring custom to<br />
the mill. The clause in the lease v^as not only legal,<br />
but was in ordinary operation throughout the kingdom<br />
; the " penalty " for absence from the mill being<br />
the equivalent <strong>of</strong> the usual fine and confiscation for Text, III. 236,<br />
. 2^0.<br />
such default or the ; ordinary payment by the tenant for<br />
exemption. Many such leases made by others than<br />
Moore are to be found. In 1676, at about the time<br />
the Rental was wr<strong>it</strong>ten, for example, William, Earl <strong>of</strong><br />
Derby, leasing land at Wavertree to one Robert Carter,<br />
stipulated that the latter '' shall always bring all the<br />
<strong>corn</strong> and grain which by him or his assigns and every<br />
<strong>of</strong> them shall be spent yearly in or upon the premises,<br />
to be ground upon or at the said earl's mill or mills<br />
w<strong>it</strong>hin the manor <strong>of</strong> Wavertree and not elsewhere<br />
w<strong>it</strong>hout reasonable cause" ;<br />
while ''if the said R. Carter