BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Brewhouse v Robertson. [1741] Mor 16020 (11 December 1741)
URL: http://www.bailii.org/scot/cases/ScotCS/1741/Mor3616020-083.html
Click here to view a pdf copy of this documet : PDF Copy
A question arose upon a clause in a feu-charter, whereby the vassal was taken bound, portare sua grana et fruges quantum serviunt pro sustentatione ipsorum domus, et omnia alia grana tam brasium et triticum, quam omnia alia grana et fruges quæ ignem et aquam in eorum possessione patientur, ad molendina nostra, &c. ibidem moleri, Whether all malt brewed within the thirle was by this clause astricted?
And in the reasoning, the Court inclined to the construction which our modern authors, Lord Stair and Sir George M'Kenzie, put upon tholling fire and water, viz. kilning and steeping, and that the same was not to be extended to brewing and baking, which was the opinion of Craig and Spottiswood; but had no occasion to give judgment upon the import of such astriction in general, because in this case brasium(malt) was thirled, which having already tholled water in the proper sense when made into malt, cannot otherwise thole water than by brewing.
The thirlage was for that reason found in this case to extend to all malt brewed.
