190 Anderson's Protocol Book. 



llie burg-h of Drumfres. Witnesses, Sir John Jacksoun, 

 David Jacksoun, Kentigern Newlandis, and Andrew Ander- 

 soun. 



i2th June, 1542. 



Memorandum of the same date narrating that in New- 

 landis presence Alexander Charteris made the following 

 offer: — " ' Schir notar heir I offer to [blank] Newlandis as 

 I qlk hes ye ryt of his mariage James Charteris' dochter 

 of ye Hoile, Roger Charteris' dochter of Bartympane, or my 

 awin brother dochter, and requyris him to set ye day to 

 resaue ony ane of thaim.' 



(16.) 

 Memorandum narrating that Gilbert Greir in name and 

 on the part of Gilbert Amuligane, dweller in the parish of 

 Tynron within the sheriifdom of Drumfres, by William Oliver 

 burgess of Drumfres, king's messenger, by virtue of the 

 King's letters demanded of Thomas Amuligane and Gilbert 

 Amuligane himself at the instance of Gilbert Wilsoun that 

 they should remove themselves and their goods from certain 

 merklands of Nethirsyde of Bennane lying within the said 

 parish and sheriffdom ; and the said Gilbert Greir in name 

 and on the part of the said Gilbert Amuligane obeyed the 

 order contained in the said letters as to removal from and 

 intromittino- with the said lands. Done at Drumfres. Wit- 



receive from the heir a sum of money as the avail or value of his 

 tocher. This casuality was an incident of ward-holding ; and was 

 also demandable when the vassal's charter contained the clause 

 "cum maritagio." The avail might be single or double. The 

 superior was entitled to the latter only where he had offered to 

 the heir a wife without disparagement, which was estimated in 

 respect not of means, but of quality and reputation, and the heir 

 had not only refused the match proposed, but had married another 

 woman without the superior's consent. It was required that all the 

 proceedings should take place in the presence of witnesses, and 

 be recorded in a notarial instrument. The subject is dealt with 

 in detail by Stair (Inst. ii. 4-37-61), Erskine (Inst. ii. 5-18-21), 

 and Craig (Jvs. Feiidale. 11-21) See also Qvon. AUncUamenta, 

 §§ 91-94. 



