Marriage found due to to the King as superior, where the vassal held simple ward, altho' he had lands also taxed ward.
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The King's Advocate having pursued for the avail of the marriage of the Laird of Innernytie, he alleged absolvitor, because he held a part of his estate taxed ward of the King, in which his marriage was taxed to L. 1000, which he had paid to the Sheriff of the shire, which was counted for, and allowed in Exchequer. It was answered, That the allegeance is not relevant, for if the defender had twenty several taxed wards, he would be liable for the taxed avail of his marriage for each of them, and having a simple ward, he is liable for a marriage according to the full avail.
The Lords found the defender liable for the full avail of a marriage, abating the L. 1000 for his taxed marriage, as a part of the full avail; and having considered the defender's oath, expressing his rental, deductions thereof, sums due to him, and by him, and his moveables, amongst which deductions, his mother's liferent was estimated, as it was worth in buying and selling, according to her age; and the pursuer's insisting for the single avail, and desiring a reservation to insist for what further should be found due for a double avail, upon the offer and refusal of a suitable match, the Lords moved to the donatar and defender, that they should modify in consideration of the whole; which being agreed to, the Lords modified for all three year's rent of his estate and money, deductis deducendis as aforesaid.
