S William Hamiltoun, the Quenis Grace's Donatour, v. -
Date: 16 March 1548 Case No. No 4.
The simple avail may not be demanded from the heir, until he be entered, if he be minor, because he may decease before the ish of the ward.
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Gif ane air of ward lands, being of les age, marie without licence of the King, or his uther superiours, na requisition or offer of ane agreeabill partie beand maid to him before his mariage, he may not be callit nor decernit to pay the single avail of his mariage, unto the time he be enterit air; because during the time of the ward, and of his minoritie, he may not enter, nor zit is he air of ony landis to his predecessour; and it may happen him to deceis unenterit before the ische of the ward, and swa gif he not beand enterit war compellit to pay the avail of his mariage, he decessand unmaryit, the King, or uther superiour, sould wrangouslie have the single avail of his mariage, and als the marriage of the immediat successour, quha sould happen to succede efter him to his predecessour, be quhais deceis the ward of the land, and the mariage of the air, came in the superiour's hands; and swa the superiour, be deceis of ane vassal, micht have the avail and proffeit of twa airs mariage, howbeit they never succeidit nor enterit to the land; quhilk is contrare to all law of this realme, and reason, considering the superior sould have bot the marriage of ane air of ward lands allanerlie.
Fol. Dic. v. 1. p. 568. Balfour, (Marriage of Heirs.) NO 16. p. 248.
