History of corn milling .. - Centrostudirpinia.it
History of corn milling .. - Centrostudirpinia.it History of corn milling .. - Centrostudirpinia.it
218 HISTORY OF CORN MILLING: vol. iv. TEDBURGH ^^ ^^ wcre not open to the inhabitants to grind grain CORPORA- elsewhere themselves, they were still left at libertv TION MILLS. in 1 . 1 11 1 1 to purchase flour that other persons had ground outside ^ ^^^ town ; and after three years' experience of this /m^T^ State of prohibited, affairs, the council made bold to suppress it 1754- by a distinct enactment, dated April 12, 1777 :— It being represented to the council that the bakers of this burgh are beginning either to buy wheat in the country and get the same grinded at other mills, or to buy flour at other mills and immediately import the same into the burgh for the consumption thereof, to the great prejudice of the tacksman of the mills and the ; council, being informed that no such practice ever yet obtained in this place since the constitution of the thirlage, and having observed that if some proper check was not immediately put to such proceedings, so un- warrantable and so destructive of the public revenues of the burgh, it might prove of very dangerous consequence : All which being taken into serious consideration by the council, they unanimously resolve that these or other devices of the like kind are unlawful violations of the rights of thirlage, to which the bakers and all the other inhabitants of this burgh are liable and obliged ; and they do prohibit and discharge all and every baker within this burgh or suburbs thereof from consuming or making into bread for sale any flour or wheat meal of any kind but such as has been grinded and paid multures at the flour mill of this burgh, to which they and all the other inhabitants are astricted ; with certification that should they do to the contrary they shall not only be liable for double multures for every boll of flour they shall so import, and proportionately in any such brought against them by the tacksman of the mills, but, further, shall be liable to the confiscation of the flour. In 1799 the mill-toll in kind was converted into a money payment of 3s. 6d. per boll. In 1822 this was altered into 2S. 6d. per boll, when the price of wheat, by the monthly returns, was below 30s. per boll ; 3s. when wheat was between 30s. and 40s. ; and 3s. 6d. when wheat stood at 40s. and upwards. At the same time a number of the bakers com- pounded with the then tacksman of the mills ; so that, on their engaging not to import any flour into the borough, but to grind all their grain in the town, they should pay so only 3s. per long as his tack lasted boll. The council agreed to this, and added the proviso that, '' if the bakers should find
SOME FEUDAL MILLS. 219 it more for their advantage to buy flour than wheat, TpT^JfjRpTr it is to be understood that they are to pay the 3s. corpora- for each bag of flour so imported into the burgh by 1 them." 4. It was not till 1840 that this and other regfu- ^- Soke * K 1 V-> /-J K lations enacted by the council were seriously disputed. \^^^ 1^84^^ In that year action was taken against fiv^ bakers and meal dealers— John Madder, Andrew Hope, George Young, Robert Walker, and Alexander Balfour—-who '' not only abstracted and withheld their grain from the mills, but were in the practice of bringing into the burorh, both in manufactured and unmanufactured state, and also for their own private consumption, like- large quantities of grain, flour, and meal ; and wise, in defraud of the thirlage, were in the practice of purchasing grain of every description without the burgh, and also by sample in the Jedburgh markets, and getting the same ground at other thereafter carrying the same into the mills ; and burgh without paying multures to the tacksman of the Jedburgh mills." The case was tried before the Lord Justice Clerk in January 1843; when the defenders pleaded (i) that the acts of the council did not constitute a thirlage, and there was no evidence that at the date of the purchase of the mills in 1670 the town was thirled to the mills; (2) that a commutation of the toll to money payment in 1799 had not endured sufficiently long to establish it as a custom ; this latter being a side issue, having ultimately no bearing on the award of the court, and being of no present interest. In support of the case of the Corporation against the import of flour and meal, various evidence was taken, some brief extracts from which are of interest :-— Richard Christie, baker.—Did you hear of such a thing as the bakers bringing in flour without the miller knowing it ? Oh yes, I
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SOME FEUDAL MILLS. 219<br />
<strong>it</strong> more for their advantage to buy flour than wheat, TpT^JfjRpTr<br />
<strong>it</strong> is to be understood that they are to pay the 3s. corpora-<br />
for each bag <strong>of</strong> flour so imported into the burgh by 1<br />
them."<br />
4. It was not till 1840 that this and other regfu-<br />
^- Soke<br />
* K 1<br />
V-> /-J K<br />
lations enacted by the council were seriously disputed. \^^^ 1^84^^<br />
In that year action was taken against fiv^ bakers and<br />
meal dealers— John Madder, Andrew Hope, George<br />
Young, Robert Walker, and Alexander Balfour—-who<br />
''<br />
not only abstracted and w<strong>it</strong>hheld their grain from<br />
the mills, but were in the practice <strong>of</strong> bringing into<br />
the burorh, both in manufactured and unmanufactured<br />
state, and also for their own private consumption,<br />
like-<br />
large quant<strong>it</strong>ies <strong>of</strong> grain, flour, and meal ; and<br />
wise, in defraud <strong>of</strong> the thirlage, were in the practice<br />
<strong>of</strong> purchasing grain <strong>of</strong> every description w<strong>it</strong>hout<br />
the burgh, and also by sample in the Jedburgh<br />
markets, and getting the same ground at other<br />
thereafter carrying the same into the<br />
mills ; and<br />
burgh w<strong>it</strong>hout paying<br />
multures to the tacksman <strong>of</strong><br />
the Jedburgh mills." The case was tried before the<br />
Lord Justice Clerk in January 1843; when the<br />
defenders pleaded (i) that the acts <strong>of</strong> the council<br />
did not const<strong>it</strong>ute a thirlage, and there was no<br />
evidence that at the date <strong>of</strong> the purchase <strong>of</strong> the<br />
mills in 1670 the town was thirled to the mills;<br />
(2) that a commutation <strong>of</strong> the toll to money payment<br />
in 1799 had not endured sufficiently long to establish<br />
<strong>it</strong> as a custom ; this latter being a side issue, having<br />
ultimately no bearing on the award <strong>of</strong> the court,<br />
and being <strong>of</strong> no present interest. In support <strong>of</strong> the<br />
case <strong>of</strong> the Corporation against the import <strong>of</strong> flour<br />
and meal, various evidence was taken, some brief<br />
extracts from which are <strong>of</strong> interest :-—<br />
Richard Christie, baker.—Did you hear <strong>of</strong> such a thing as the<br />
bakers bringing in flour w<strong>it</strong>hout the miller knowing <strong>it</strong> ? Oh yes, I