12 ON THE HISTORY OF LEASES OF LANDS 



and was noticed in East Lothian in isolated cases as late as 1810, 

 while in Galloway and Dumfriesshire it may be considered as hav- 

 ing Ijecome defunct about the beginning of the eighteenth century. 

 In the Western Isles, this system developed a class of middlemen 

 capitalists, who having taken large tracts from the proprietor, 

 let it out to thirders or teirdcrs for from a third to a half of the 

 produce. The continued improvement in the condition of the 

 tenantry, and the now general ability to stock and work the 

 holding, have necessarily tended to the disuse of this system. 



The giving of large single payments at entry, or on renewal, 

 called grassum, did not enter into the conditions of early leases ; 

 but was evidently adopted by the barons as a means of raising 

 ready money who wished to appear in good form at Court 

 and Parliament. It wrought much mischief, and was an especial 

 barrier to improvement, as the tenant, witli even too limited 

 capital, eagerly endeavoured to gather the grassum by which he 

 could secure possession at a nominal yearly rent. Insufficient 

 means, the sloth engendered by the low rent, and the indolence 

 of society around, produced cultivation of the worst description. 

 But the illegality of dealing in them with heirs of entail tended 

 in the direction of the modern annual rent. 



The astriction to mills, commonly known as thirlage, is com- 

 paratively modern in its origin, and was also comparatively short- 

 lived. It came into practice along with the use of machinery for 

 grinding, and the " multures " were generally from yVth to xoth 

 of the grain. The operation of this custom and condition — for it 

 partook of the nature of both — was soon seen to be oppressive. 

 Wlien foreign grain began to be imported, and other grain than 

 the home-raised oats became a general article of food, the agita- 

 tion which took place resulted in an Act being passed (in the 

 reign of George III.) by which the impost could be converted 

 into a money payment. As soon as the landlords thus got the 

 difficulty disposed of, it in most cases ceased to be a stipulation 

 of the lease. 



The riding or ridden of the marches was a duty of the land- 

 lord as well as the tenant, both being presumed to have an in- 

 terest. It lingered in the northern counties to a later date than 

 anywhere else in Scotland, and one writer mentions knowing of 

 a man — alive in 1873 — -who had when a boy, in 1807, been 

 whipped round the marches, so that he would better remember 

 them. The enclosing even of hill land being considered impera- 

 tive has put an end to a practice which nowadays seems hardly 

 credible. 



The conditions on which the maillers of Eoss-shire occupied 

 and improved considerable portions of the moor edges have much 

 to. recommend them. They obtained a portion free for seven 

 years on condition of reclaimmg a certain amount ; and with a 



