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TITLE
Document confirming fishing rights on the River Ness, 1538 (Front)
EXTERNAL ID
GB1796_2002_038_1
PLACENAME
Inverness
OLD COUNTY/PARISH
INVERNESS: Inverness and Bona
DATE OF IMAGE
28 June 1538
PERIOD
1530s
SOURCE
Inverness Museum and Art Gallery
ASSET ID
725
KEYWORDS
charters
legal
law
documents
land rights
property rights
seals
burghs
Document confirming fishing rights on the River Ness, 1538 (Front)

This document dated 28th June 1538 confirms the River Ness fishing rights of the Preaching Friars of Inverness, granted to them by former kings of Scotland. The court action was successfully fought by the prior, Friar Thomas Stevenson.

The image shows the front of the document.

In Charles Fraser-Mackintosh's 1875 publication, 'Invernessiana: Contributions Toward a History of the Town and Parish of Inverness, from 1160 to 1599' (p 211), the document is translated from the original Latin thus:

[For a glossary of some of the terms used in the Inverness burgh documents please follow the link towards the foot of this page]

'In the name of God, Amen: By this present public instrument, be it clearly known to all, that in the year of the Incarnation of our Lord, 1538, on the 28th day of June, the 11th indiction, and in the 4th year of the pontificate of the Most Holy Father in Christ and our Lord, Lord Paul, by divine providence Pope III., in presence of me, notary-public, and the undersubscribed witnesses, the venerable, religious man, Friar Thomas Stevenson, Prior of the Preaching Friars of the town of Inverness for the time and the convent of the same, the Provost, bailies of said burgh, and community occupying the salmon fishings of the river of Ness, being cited by the letters of the honourable man, Alexander Baillie, at the time Sheriff of Inverness, at the instance of the said Lord Prior of the Preaching Friars and of the convent of the same, convened to render a reason for the unjust occupation of the fishing, by net fishing of the western part of the river and water of Ness, pertaining hereditarily to the prior and convent of Inverness, opposite the eastern ditch of said friars on the one part; and on the other part there convened the foresaid prior and his convent, having charters containing the donation of King Alexander, of happy memory, and also strengthened by the seal of the now reigning illustrious King James V., of all and whole the water of Ness, with its fishing, from the road intervening between the place of the Preaching Friars and the Parish Church on the south side, even to le Churry on the north: Moreover, both parties for themselves being heard, the rights and allegations, and the complaints and statements, of each being weighed, the foresaid Alexander Baillie, Sheriff of Inverness, holding the situation for the administration of justice, being advised by the ripe counsel of his assessors, delivers and ordains the foresaid Provost, bailies, and the occupiers of the River Ness to desist and cease from all fishing and dragging of nets in time coming for ever, until they shall produce more valid evidences in judgment; and the charter of the said friars, just shown before the said Sheriff, in defence of said prior and convent, and examined in judgement, to be of as much force as is more fully contained in the roll of said court made thereupon: Of and upon all and sundry, the foresaid Lord Prior sought of me, notary-public, under-written, public instruments, one or more to be made for him: These things were done in the Court-house of said burgh at 10 o'clock A.M. or thereabouts, under year, day, month, indiction, and pontificate as above: Present there, the honourable men, William Paterson, provost of Inverness, Andrew Auchlek, James Dempster, bailies; Thomas Waus, John Cuthbert, of the Old Castle, and Robert Waus, notary-public, with divers others.'

Accession Number: INVMG 2002.038

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Document confirming fishing rights on the River Ness, 1538 (Front)

INVERNESS: Inverness and Bona

1530s

charters; legal; law; documents; land rights; property rights; seals; burghs

Inverness Museum and Art Gallery

Inverness Burgh Documents (1)

This document dated 28th June 1538 confirms the River Ness fishing rights of the Preaching Friars of Inverness, granted to them by former kings of Scotland. The court action was successfully fought by the prior, Friar Thomas Stevenson.<br /> <br /> The image shows the front of the document.<br /> <br /> In Charles Fraser-Mackintosh's 1875 publication, 'Invernessiana: Contributions Toward a History of the Town and Parish of Inverness, from 1160 to 1599' (p 211), the document is translated from the original Latin thus:<br /> <br /> [For a glossary of some of the terms used in the Inverness burgh documents please follow the link towards the foot of this page]<br /> <br /> 'In the name of God, Amen: By this present public instrument, be it clearly known to all, that in the year of the Incarnation of our Lord, 1538, on the 28th day of June, the 11th indiction, and in the 4th year of the pontificate of the Most Holy Father in Christ and our Lord, Lord Paul, by divine providence Pope III., in presence of me, notary-public, and the undersubscribed witnesses, the venerable, religious man, Friar Thomas Stevenson, Prior of the Preaching Friars of the town of Inverness for the time and the convent of the same, the Provost, bailies of said burgh, and community occupying the salmon fishings of the river of Ness, being cited by the letters of the honourable man, Alexander Baillie, at the time Sheriff of Inverness, at the instance of the said Lord Prior of the Preaching Friars and of the convent of the same, convened to render a reason for the unjust occupation of the fishing, by net fishing of the western part of the river and water of Ness, pertaining hereditarily to the prior and convent of Inverness, opposite the eastern ditch of said friars on the one part; and on the other part there convened the foresaid prior and his convent, having charters containing the donation of King Alexander, of happy memory, and also strengthened by the seal of the now reigning illustrious King James V., of all and whole the water of Ness, with its fishing, from the road intervening between the place of the Preaching Friars and the Parish Church on the south side, even to le Churry on the north: Moreover, both parties for themselves being heard, the rights and allegations, and the complaints and statements, of each being weighed, the foresaid Alexander Baillie, Sheriff of Inverness, holding the situation for the administration of justice, being advised by the ripe counsel of his assessors, delivers and ordains the foresaid Provost, bailies, and the occupiers of the River Ness to desist and cease from all fishing and dragging of nets in time coming for ever, until they shall produce more valid evidences in judgment; and the charter of the said friars, just shown before the said Sheriff, in defence of said prior and convent, and examined in judgement, to be of as much force as is more fully contained in the roll of said court made thereupon: Of and upon all and sundry, the foresaid Lord Prior sought of me, notary-public, under-written, public instruments, one or more to be made for him: These things were done in the Court-house of said burgh at 10 o'clock A.M. or thereabouts, under year, day, month, indiction, and pontificate as above: Present there, the honourable men, William Paterson, provost of Inverness, Andrew Auchlek, James Dempster, bailies; Thomas Waus, John Cuthbert, of the Old Castle, and Robert Waus, notary-public, with divers others.'<br /> <br /> Accession Number: INVMG 2002.038 <br /> <br /> <a href="http://www.ambaile.org.uk/?service=asset&action=show_zoom_window_popup&language=en&asset=708&location=grid&asset_list=19947,708&basket_item_id=undefined" target=”_blank”>Glossary</a>