Legal Definitions - cum molendinis et multuris

Cum molendinis et multuris is a historical legal phrase originating from Scots law, which translates from Law Latin to "with mills and multures." This term refers to a specific type of property right or a clause found in old land deeds, indicating that the owner of a particular piece of land not only possessed a grain mill located on that property but also held the associated feudal right to collect a payment, known as "multures." These multures were typically a portion of the grain brought to the mill by individuals who were legally obligated to use that specific mill for grinding their produce. Essentially, it signified a historical economic privilege and an obligation tied to land ownership in Scotland.

• Example 1: Historical Land Grant

  Imagine a Scottish baron in the 17th century granting a significant portion of his estate to a trusted tenant. The formal charter for this land transfer includes the phrase "cum molendinis et multuris."

  This illustrates the term because it means the tenant not only received the physical land and any existing mill structure upon it, but also acquired the valuable right to collect multures from other tenants or residents within the barony who were legally bound to bring their grain to that specific mill for processing. This right provided a steady income stream, often in the form of grain, to the mill owner.

• Example 2: Sale of an Estate with Ancient Rights

  In the early 19th century, a large Scottish estate, which had been in the same family for generations, was put up for sale. The detailed legal documents outlining the property's assets and rights stated that the estate was being conveyed "cum molendinis et multuris."

  Here, the phrase indicates that the new owner was acquiring not just the physical land, buildings, and any operational mills, but also the historical and legally enforceable right to collect multures. Even if the practice of collecting multures was becoming less common due to changing agricultural practices and laws, the legal right itself was still considered an inherent part of the property's value and historical title, transferred to the new proprietor.

• Example 3: Modern Title Deed Research

  A property lawyer in contemporary Scotland is researching the historical chain of title for a piece of land that is slated for a new development. While reviewing very old deeds from the 16th century, the lawyer encounters the phrase "cum molendinis et multuris."

  Although the physical mill is long gone and the collection of multures is no longer a practical or legal reality in modern Scotland, the presence of this phrase in the historical documents confirms that the land once held these specific feudal rights and obligations. It provides insight into the historical economic structure and legal burdens associated with the property, even if those burdens are now obsolete.