The ward and marriage of person whose lands held of the King, some in taxward and marriage, and some untaxed, were gifted generally. Found that the gift comprehended the untaxed lands only.
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Upon the penult of January 1612, a suspension raised by my Lord of Kintaile and the donatar of his ward, suspending the Treasurer's charge executed against them for payment of nine score merks yearly, for the taxed yearly duty of the Lewis, so long as they were in ward, and for nine hundred merks for his taxed marriage for the said barony, alleging, That the general gift of all lands falling in ward in his Majesty's hand, by the decease of the umquhile Lord of Kintaile, together with the marriage of his heir, behoved to comprehend the ward of the Lewis as well as of his remanent lands; there being no lands excepted from his gift, and the marriage of the heir being likewise disponed to the donatar for a great composition, the Treasurer had no place thereafter to seek any further benefit, for the said marriage. To which the advocate answered, That he offered him to prove that the umquhile Lord of Kintaile had many ward lands untaxed, in respect whereof, his ward and marriage falling in the King's hands, were disponed; but the ward and marriage of the Lewis being expressly taxed and liquidated, could not fall nor be comprehended under the general gift of the heir's ward and marriage; and therefore, unless the said taxed duty, being liquidated, had been disponed per expressum, the general gift of ward and marriage could not comprehend the same. In respect whereof the letters were found orderly proceeded against my Lord of Kintaile for payment of the said taxed duty of the ward of the lands for the year 1611, and yearly thereafter, so long as the lands should be in ward, and likewise for payment presently of the duty of the taxed marriage, because this Lord of Kintaile was of age for marriage. This was done in Exchequer the penult day of January 1612.
