Legal Definitions - cum fabrilibus, brasinis, et brueriis

The Latin phrase cum fabrilibus, brasinis, et brueriis translates directly to "with forges, maltkilns, and breweries."

In historical Scots law, this phrase was a common clause found in property deeds, particularly in feudal grants or long-term leases. Its purpose was to impose a specific restriction on the tenant or feuar (a type of landholder who holds land in return for a payment or service to a superior). This clause legally prohibited the construction of certain industrial structures—specifically forges (workshops for metalworking), maltkilns (buildings used for malting grain, often a step in brewing), and breweries—on the land unless the tenant or feuar first obtained explicit permission from the superior (the original landowner or landlord).

This legal provision allowed superiors to maintain control over the type of development occurring on their land, preventing industrial activities that might be noisy, produce smoke, or otherwise diminish the value, character, or amenity of the surrounding property, especially in areas intended for agriculture or residence.

Here are some examples illustrating its application:

• Agricultural Land Grant: Imagine a Scottish laird (the superior) in the 17th century granting a large parcel of rural land to a feuar for farming. The legal document for this grant includes the clause cum fabrilibus, brasinis, et brueriis. This stipulation means the feuar is legally prevented from building a forge to make tools, a maltkiln to process barley, or a brewery to produce ale on that land without first securing the laird's specific written consent. The laird's intention might be to preserve the purely agricultural nature of the estate, prevent industrial pollution, or retain control over any significant commercial enterprises on their land.

• Residential Estate Lease: Consider a long-term lease agreement from the 19th century for a grand country estate, intended to be a private residence for a wealthy family. The lease contains the provision cum fabrilibus, brasinis, et brueriis. This clause ensures that the tenant cannot convert any part of the estate into an industrial operation, such as a noisy metalworking forge, a smoky maltkiln, or a commercial brewery. The landlord's objective is to protect the peace, aesthetic beauty, and residential value of the estate, ensuring it remains suitable for quiet enjoyment rather than industrial activity.

• Village Expansion Development: In a historical context, a town council or a major landowner might have granted plots of land for the planned expansion of a village, with the intention that these plots would be used for homes and small, non-industrial businesses. To maintain the residential quality and prevent nuisances, the deeds for these new plots could have included the restriction cum fabrilibus, brasinis, et brueriis. This would prevent any individual plot holder from establishing a large-scale forge, maltkiln, or brewery that could generate excessive noise, smoke, or traffic, thereby preserving the desired character and quality of life for the community.