Ùrachadh mu Dheireadh 15/08/2017
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TIOTAL
Toirt air ais Còirean Sìobhalta aig Raibeart Waus, 1591, (Cùlaibh)
EXTERNAL ID
GB1796_2002_142_2
ÀITE
Inbhir Nis
SIORRACHD/PARRAIST
INBHIR NIS: Inbhir Nis 's Am Bànath
DEIT
11 An t-Ògmhios 1595
LINN
1590an
NEACH-FIOSRACHAIDH
Taigh-tasgaidh is Gaileiridh Ealan Inbhir Nis (stuth làmh-sgrìobhte)
AITHNEACHADH MAOINE
907
KEYWORDS
cùmhnantan
laghail
lagh
sgrìobhainnean
còirichean fearainn
seulaichean
baile-rìoghail
Replacement of Civic Rights to Robert Waus, 1595 (Back)

Ann an sgrìobhainn leis a' cheann-là an 5mh den Ghearran 1591, tha talamh Dhruiminn air a buileachadh air Raibeart Waus, neach-buirgh inbhir Nis, le Iain Leslie, deicheamh Baran Bhail' Cheathain (Balquhain). A chionn 's gur e pàirt de thalamh a' bhuirgh a bh' ann an talamh Dhruiminn, chuir maighstirean-lagha agus comhairle Inbhir Nis cùl ri Waus agus thug iad bhuaithe a chòirean sìobhalta, a chuid sheilbh agus a thacan. An dèidh bhliadhnaichean de chòmhstri, thug Waus seachad a chòirean air talamh Dhruiminn agus mar sin thug am borgh dha air ais a chòirean sìobhalta. San sgrìobhainn seo leis a' cheann-là 11mh Ògmhios 1595, tha aithris ann air na thachair mus deach an toirt-air-ais a dhèanamh.

Tha an dealbh a' sealltainn cùlaibh na sgrìobhainn.

Ann am foillseachadh bho 1875 aig Teàrlach Friseal-Mac anTòisich, 'Invernessiana: Contributions Toward a History of the Town and Parish of Inverness, from 1160 to 1599' (dgn 252-254), tha an sgrìobhainn air ath-aithris mar seo:

[Airson beag-fhaclair de chuid de na briathran air an cleachdadh ann an sgrìobhainnean bhuirgh Inbhir Nis, feuch an lean sibh an ceangal faisg air bonn na duilleige seo.]

'At Inverness, the 11th day of June, the year of God 1595 years, it is appointed, concorded, finally ended, and agreed betwixt honourable and discreet persons and parties underwritten: That is to say, Alexander Cuthbert, Provost of the burgh of Inverness; George Cumming, William Robertson, Finlay Macphail, and Thomas Cuthbert elder, bailies and burgesses of the said burgh, with advice and consent of John Cuthbert of Auld Castle-hill, Mr John Rose, William Cuthbert, Alexander Cumming, James Waus, burgesses and Council of the said burgh, on the one part, and Robert Waus, sometime burgess, and now only in-dweller of the said burgh, on the other part, in manner, form, and effect, as follows: That is to say: Forasmuch as the said Robert Waus being most justly deprived of all liberty and freedom which he has of the burgh of Inverness, as also being justly deprived by the laws of this realm of all his possessions and tacks which he enjoys and holds immediately of the Provost, Bailies, Council and community of the burgh of Inverness, and their successors, and that for the wrongous and fraudful omitting furth of our sovereign lord's signature and confirmation granted to the burgh of Inverness, of the town and land of Drumdivan, under specified, being a pendicle and commonty to the burgh of Inverness, with all crofts and pendicles belonging thereto, which general confirmation to the burgh of Inverness, upon their haill lands and possessions, the said Robert Waus was directed by consent of Provost, Bailies, and Council, to obtain in favour of the burgh of Inverness, and their successors, in doing and performing whereof, he, as commissioner foresaid, most wrongously left out of the said signature and confirmation the said town and land of Drumdivan, with the crofts thereof, and has most wrongously appropriated the same to his own particular use, by taking of infeftment thereupon in his own person, as the process of deprivation led thereupon contrar the said Robert Waus most justly purports: Always [albeit] the said Provost, Bailies, and Council foresaid, being moved of mercy towards the said Robert Waus, their neighbour, and understanding perfectly his willing intention and mind to denude himself and his heirs of all heritable right, title, interest, property, and possession that he or his heirs had, have, or may pretend to the said lands of Drumdivan, crofts and pendicles thereof, and to dispone and transfer the same in the persons of the said Provost, Bailies, Council, and community of the burgh of Inverness, and their successors, to remain and abide with them heritably and irredeemably for ever, in recompence and satisfaction of his, the said Robert's, offence foresaid, done and committed by him against the said burgh of Inverness: Therefore, and for the causes underwritten, the said Provost, Bailies, and Council, above named, for themselves and their successors, have renounced and discharged, and by the tenor hereof renounces, and simpliciter discharges the strength, force, and effect, of the said decreet of deprivation, obtained at the procurator-fiscal's instance, contrar the said Robert Waus, by virtue whereof the said Robert is deprived of all liberty and possessions which he has of the burgh of Inverness, the said decreet being of the date the third day of June 1592 years, which decreet, with all that has followed or may follow thereupon, the said Provost, Bailies, and Council, for themselves and their successors, will and grant that the same shall remain and abide in effectual for ever: And will and grant that the same shall never make faith in judgment or outwith judgment, contrar the said Robert Waus, and his heirs, wherever the same shall happen to be produced hereafter: And further, for the said Robert Waus' further security, the said Provost, Bailies, and Council, oblige them within eight days after the date hereof, to restore and re-admit the said Robert Waus publicly in fenced court, within the burgh of Inverness, as burgess and guild brother of the burgh of Inverness, and to admit and restore the said Robert to all his possessions, which he holds immediately of the said burgh of Inverness, and that by usage of all solemn rites requisite in admitting and readmitting of our burgesses, as well deprived as newly admitted, for the which causes above written the said Robert Waus has sold, alienated, and disponed, and by the tenor hereof for himself, his heirs, and assignees, sells, alienates, and heritably dispones, to the said Provost, Bailies, Council, and community of the burgh of Inverness, and to their successors, Provost, Bailies, and Council of the said burgh, that shall happen to be for the time, all and haill the said town and land of Drumdivan, with the muirs and crofts of the same, lying by the east and south-east parts of the burn called Altnaskiach, with the universal parts and pendicles belonging thereto, lying within the barony of Lochardill, regality of St Andrews, and Sheriffdom of Inverness; to remain and abide with the said Provost, Bailies, Council and community of the burgh of Inverness, and their successors, heritably and irredeemably for ever; and for the better performing of the said alienation and disposition, the said Robert Waus is become bound, obliged, and astricted, for himself, his heirs, and assignees, to duly and sufficiently infeft and seize by charter of pure vendition and alienation, bearing titulo oneroso, without all regress of reversion, the said Provost, Bailies, Council, and community, of the burgh of Inverness, and their successors, heritably in all and haill the said town and lands of Drumdivan, with the muirs thereof, and crofts of the same, lying at the east and south-east parts of the burn called Altnaskiach; to be held of the said Robert Waus and his heirs, or to be held of the said Robert Waus' immediate superior of the same, in similar form and such manner as the said Robert Waus holds the same himself, and for payment of such duties as are contained in the said Robert Waus' own infeftment allenarly; which infeftment shall contain special and general clauses of warrandice, and whereby the said Robert Waus and his heirs shall be obliged to warrant the said lands; and specially the said Robert and his heirs shall be obliged to warrant the same from all wards, reliefs, non-entries of heirs, lawyers' counts, conjunct fees, forepast alienations, dispositions, sasines, private and public, assedations, assignations, resignations, reductions, annual-rents, life rents, inhibitions, interdictions, evictions, forfeitures, deed, danger, accident, and involvement, whatsomever bygone, present or to come, wherethrough the said lands, in all or in part, may be evicted or awaytaken from the said Provost, Bailies, Council, and community of the burgh of Inverness, or their successors, at any time hereafter: And further, to the effect the said Robert Waus shall have no power to make any right or title hereafter, prejudicial to this present disposition, the said Robert Waus has willingly, with his own consent, abdicated and interdicted, and by the tenor hereof abdicates and interdicts himself to John Cuthbert of Auld Castle Hill, William Cuthbert, elder, and Andrew Paterson, burgess of Inverness, that he shall never sell, alienate, delapidate, or away put, any of the said lands of Drumdivan, to any person or persons, by advice and consent of the foresaid persons, in the contrary whereof, if he shall do hereafter, he wills, grants and condescends, that the said disposition shall be null and of none avail, force, nor effect: And further, the said interdiction to stand valid against the said Robert Waus, and his heirs, aye, and while the foresaid right and disposition, of the said lands of Drumdivan, be perfected and delivered to the said Provost, Bailies, and Council, in manner above written: And further, the said Robert Waus is become bound, obliged, and astricted to deliver to the said Provost, Bailies, Council, and community, all charters, precepts, instruments of sasines, and other securities whatsomever, either made to himself or to the laird of Balquhain, his author upon the said lands of Drumdivan, to be kept by the said Provost, Bailies, and Council, in all times coming, as their proper evidents; and further, both of the said oarties oblige them to fulfil their parts, each one to the other, as they shall be required thereto, keeping always the substantial heads hereof unaltered, and for the more security, both of the said parties are content, and consent that these presents be inserted and registered in the Books of Council or Commissary Books of Inverness, and decerned to have the strength of an Act or decreet of the said Lords or Commissary, with executorials of horning, warding, or poinding, to follow thereupon, the one without prejudice to the other, and the horning to pass and be directed upon a simple charge of six days allenary: And to that effect make, constitute, and ordain, Mr John Shairpe ... conjunctly and severally, their procurators, to pass, compear, and consent, to the registration hereof, whatsomever day and place, etc., promitten de rato, &c.: In witness whereof, both of the said parties have subscribed this present contract, day, year, and place foresaid, before these witnesses, discreet men - Andrew M'Phail, minister at the Kirk of Croy; William Paterson, William Cuthbert, younger, burgesses of Inverness; Jasper Cumming, burgess there, notary public; and William Campbell, notary, writer hereof, with others divers. (Sic sub.) Alex. Cuthbert, provost, wt. my hand. Findla Makphaill, ane of ye beillis off inverns. Thomas Cuthbert, elder, wt. my hand at ye pen led of ye notar under-written, at my command, because I can not subscryue myself (Ita est, Willelmus Campbell, notarius publicus admissus premisa subscribere de mandato dicti Thome scribere nescien requisitus teste mann propria.) George Cuming, ane off the baylleis of Innerness, with my hand. Viellzeame Robertsone, ane of ye bailzeis of Innerness, with my hand. Jhone Cuthbert of Castel hil. Mr Johone Ross, ane of the cunsaill of Innernes. Alexander Cumming, ane off ye counsaill off Innernes, with my hand. James Waus. James Cuthbert, elder, and of the cunsell. Peter Waus, ane of the consell. Robert Waus, with my hand. William Cuthbert, witnes. Wilzeame Patersone, vitnes. Androv M'Phaill, minister at Croy, vitnes. Williame Campbell, wretter heirof, witnes present. Jasper Cumyng, burges of Invernes, sherf clairk, notar public, witnes present.'

Àireamh so-ruigsinn: INVMG 2002.142

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Toirt air ais Còirean Sìobhalta aig Raibeart Waus, 1591, (Cùlaibh)

INBHIR NIS: Inbhir Nis 's Am Bànath

1590an

cùmhnantan; laghail; lagh; sgrìobhainnean; còirichean fearainn; seulaichean; baile-rìoghail

Taigh-tasgaidh is Gaileiridh Ealan Inbhir Nis (stuth làmh-sgrìobhte)

Inverness Burgh Documents (1)

Ann an sgrìobhainn leis a' cheann-là an 5mh den Ghearran 1591, tha talamh Dhruiminn air a buileachadh air Raibeart Waus, neach-buirgh inbhir Nis, le Iain Leslie, deicheamh Baran Bhail' Cheathain (Balquhain). A chionn 's gur e pàirt de thalamh a' bhuirgh a bh' ann an talamh Dhruiminn, chuir maighstirean-lagha agus comhairle Inbhir Nis cùl ri Waus agus thug iad bhuaithe a chòirean sìobhalta, a chuid sheilbh agus a thacan. An dèidh bhliadhnaichean de chòmhstri, thug Waus seachad a chòirean air talamh Dhruiminn agus mar sin thug am borgh dha air ais a chòirean sìobhalta. San sgrìobhainn seo leis a' cheann-là 11mh Ògmhios 1595, tha aithris ann air na thachair mus deach an toirt-air-ais a dhèanamh. <br /> <br /> Tha an dealbh a' sealltainn cùlaibh na sgrìobhainn.<br /> <br /> Ann am foillseachadh bho 1875 aig Teàrlach Friseal-Mac anTòisich, 'Invernessiana: Contributions Toward a History of the Town and Parish of Inverness, from 1160 to 1599' (dgn 252-254), tha an sgrìobhainn air ath-aithris mar seo: <br /> <br /> [Airson beag-fhaclair de chuid de na briathran air an cleachdadh ann an sgrìobhainnean bhuirgh Inbhir Nis, feuch an lean sibh an ceangal faisg air bonn na duilleige seo.]<br /> <br /> 'At Inverness, the 11th day of June, the year of God 1595 years, it is appointed, concorded, finally ended, and agreed betwixt honourable and discreet persons and parties underwritten: That is to say, Alexander Cuthbert, Provost of the burgh of Inverness; George Cumming, William Robertson, Finlay Macphail, and Thomas Cuthbert elder, bailies and burgesses of the said burgh, with advice and consent of John Cuthbert of Auld Castle-hill, Mr John Rose, William Cuthbert, Alexander Cumming, James Waus, burgesses and Council of the said burgh, on the one part, and Robert Waus, sometime burgess, and now only in-dweller of the said burgh, on the other part, in manner, form, and effect, as follows: That is to say: Forasmuch as the said Robert Waus being most justly deprived of all liberty and freedom which he has of the burgh of Inverness, as also being justly deprived by the laws of this realm of all his possessions and tacks which he enjoys and holds immediately of the Provost, Bailies, Council and community of the burgh of Inverness, and their successors, and that for the wrongous and fraudful omitting furth of our sovereign lord's signature and confirmation granted to the burgh of Inverness, of the town and land of Drumdivan, under specified, being a pendicle and commonty to the burgh of Inverness, with all crofts and pendicles belonging thereto, which general confirmation to the burgh of Inverness, upon their haill lands and possessions, the said Robert Waus was directed by consent of Provost, Bailies, and Council, to obtain in favour of the burgh of Inverness, and their successors, in doing and performing whereof, he, as commissioner foresaid, most wrongously left out of the said signature and confirmation the said town and land of Drumdivan, with the crofts thereof, and has most wrongously appropriated the same to his own particular use, by taking of infeftment thereupon in his own person, as the process of deprivation led thereupon contrar the said Robert Waus most justly purports: Always [albeit] the said Provost, Bailies, and Council foresaid, being moved of mercy towards the said Robert Waus, their neighbour, and understanding perfectly his willing intention and mind to denude himself and his heirs of all heritable right, title, interest, property, and possession that he or his heirs had, have, or may pretend to the said lands of Drumdivan, crofts and pendicles thereof, and to dispone and transfer the same in the persons of the said Provost, Bailies, Council, and community of the burgh of Inverness, and their successors, to remain and abide with them heritably and irredeemably for ever, in recompence and satisfaction of his, the said Robert's, offence foresaid, done and committed by him against the said burgh of Inverness: Therefore, and for the causes underwritten, the said Provost, Bailies, and Council, above named, for themselves and their successors, have renounced and discharged, and by the tenor hereof renounces, and simpliciter discharges the strength, force, and effect, of the said decreet of deprivation, obtained at the procurator-fiscal's instance, contrar the said Robert Waus, by virtue whereof the said Robert is deprived of all liberty and possessions which he has of the burgh of Inverness, the said decreet being of the date the third day of June 1592 years, which decreet, with all that has followed or may follow thereupon, the said Provost, Bailies, and Council, for themselves and their successors, will and grant that the same shall remain and abide in effectual for ever: And will and grant that the same shall never make faith in judgment or outwith judgment, contrar the said Robert Waus, and his heirs, wherever the same shall happen to be produced hereafter: And further, for the said Robert Waus' further security, the said Provost, Bailies, and Council, oblige them within eight days after the date hereof, to restore and re-admit the said Robert Waus publicly in fenced court, within the burgh of Inverness, as burgess and guild brother of the burgh of Inverness, and to admit and restore the said Robert to all his possessions, which he holds immediately of the said burgh of Inverness, and that by usage of all solemn rites requisite in admitting and readmitting of our burgesses, as well deprived as newly admitted, for the which causes above written the said Robert Waus has sold, alienated, and disponed, and by the tenor hereof for himself, his heirs, and assignees, sells, alienates, and heritably dispones, to the said Provost, Bailies, Council, and community of the burgh of Inverness, and to their successors, Provost, Bailies, and Council of the said burgh, that shall happen to be for the time, all and haill the said town and land of Drumdivan, with the muirs and crofts of the same, lying by the east and south-east parts of the burn called Altnaskiach, with the universal parts and pendicles belonging thereto, lying within the barony of Lochardill, regality of St Andrews, and Sheriffdom of Inverness; to remain and abide with the said Provost, Bailies, Council and community of the burgh of Inverness, and their successors, heritably and irredeemably for ever; and for the better performing of the said alienation and disposition, the said Robert Waus is become bound, obliged, and astricted, for himself, his heirs, and assignees, to duly and sufficiently infeft and seize by charter of pure vendition and alienation, bearing titulo oneroso, without all regress of reversion, the said Provost, Bailies, Council, and community, of the burgh of Inverness, and their successors, heritably in all and haill the said town and lands of Drumdivan, with the muirs thereof, and crofts of the same, lying at the east and south-east parts of the burn called Altnaskiach; to be held of the said Robert Waus and his heirs, or to be held of the said Robert Waus' immediate superior of the same, in similar form and such manner as the said Robert Waus holds the same himself, and for payment of such duties as are contained in the said Robert Waus' own infeftment allenarly; which infeftment shall contain special and general clauses of warrandice, and whereby the said Robert Waus and his heirs shall be obliged to warrant the said lands; and specially the said Robert and his heirs shall be obliged to warrant the same from all wards, reliefs, non-entries of heirs, lawyers' counts, conjunct fees, forepast alienations, dispositions, sasines, private and public, assedations, assignations, resignations, reductions, annual-rents, life rents, inhibitions, interdictions, evictions, forfeitures, deed, danger, accident, and involvement, whatsomever bygone, present or to come, wherethrough the said lands, in all or in part, may be evicted or awaytaken from the said Provost, Bailies, Council, and community of the burgh of Inverness, or their successors, at any time hereafter: And further, to the effect the said Robert Waus shall have no power to make any right or title hereafter, prejudicial to this present disposition, the said Robert Waus has willingly, with his own consent, abdicated and interdicted, and by the tenor hereof abdicates and interdicts himself to John Cuthbert of Auld Castle Hill, William Cuthbert, elder, and Andrew Paterson, burgess of Inverness, that he shall never sell, alienate, delapidate, or away put, any of the said lands of Drumdivan, to any person or persons, by advice and consent of the foresaid persons, in the contrary whereof, if he shall do hereafter, he wills, grants and condescends, that the said disposition shall be null and of none avail, force, nor effect: And further, the said interdiction to stand valid against the said Robert Waus, and his heirs, aye, and while the foresaid right and disposition, of the said lands of Drumdivan, be perfected and delivered to the said Provost, Bailies, and Council, in manner above written: And further, the said Robert Waus is become bound, obliged, and astricted to deliver to the said Provost, Bailies, Council, and community, all charters, precepts, instruments of sasines, and other securities whatsomever, either made to himself or to the laird of Balquhain, his author upon the said lands of Drumdivan, to be kept by the said Provost, Bailies, and Council, in all times coming, as their proper evidents; and further, both of the said oarties oblige them to fulfil their parts, each one to the other, as they shall be required thereto, keeping always the substantial heads hereof unaltered, and for the more security, both of the said parties are content, and consent that these presents be inserted and registered in the Books of Council or Commissary Books of Inverness, and decerned to have the strength of an Act or decreet of the said Lords or Commissary, with executorials of horning, warding, or poinding, to follow thereupon, the one without prejudice to the other, and the horning to pass and be directed upon a simple charge of six days allenary: And to that effect make, constitute, and ordain, Mr John Shairpe ... conjunctly and severally, their procurators, to pass, compear, and consent, to the registration hereof, whatsomever day and place, etc., promitten de rato, &c.: In witness whereof, both of the said parties have subscribed this present contract, day, year, and place foresaid, before these witnesses, discreet men - Andrew M'Phail, minister at the Kirk of Croy; William Paterson, William Cuthbert, younger, burgesses of Inverness; Jasper Cumming, burgess there, notary public; and William Campbell, notary, writer hereof, with others divers. (Sic sub.) Alex. Cuthbert, provost, wt. my hand. Findla Makphaill, ane of ye beillis off inverns. Thomas Cuthbert, elder, wt. my hand at ye pen led of ye notar under-written, at my command, because I can not subscryue myself (Ita est, Willelmus Campbell, notarius publicus admissus premisa subscribere de mandato dicti Thome scribere nescien requisitus teste mann propria.) George Cuming, ane off the baylleis of Innerness, with my hand. Viellzeame Robertsone, ane of ye bailzeis of Innerness, with my hand. Jhone Cuthbert of Castel hil. Mr Johone Ross, ane of the cunsaill of Innernes. Alexander Cumming, ane off ye counsaill off Innernes, with my hand. James Waus. James Cuthbert, elder, and of the cunsell. Peter Waus, ane of the consell. Robert Waus, with my hand. William Cuthbert, witnes. Wilzeame Patersone, vitnes. Androv M'Phaill, minister at Croy, vitnes. Williame Campbell, wretter heirof, witnes present. Jasper Cumyng, burges of Invernes, sherf clairk, notar public, witnes present.'<br /> <br /> Àireamh so-ruigsinn: INVMG 2002.142 <br /> <br /> <a href=" http://www.ambaile.org.uk/?service=asset&action=show_zoom_window_popup&language=gd&asset=708&location=grid&asset_list=19947,708&basket_item_id=undefined" target=”_blank”> Clàr-mìneachaidh</a>