Agnews of Lochnaw

I 5 68.] THE AVAIL OF MARRIAGE. 189
The Kegent Morton entered Galloway the following June
from the eastward ; and Lochinvar refusing to make his sub-
mission, he spoiled and fired Kenmore Castle, as well as several
other strongholds in the Stewartry ; Dumfries had yielded upon
his approach. The Wigtownshire barons were saved by distance
from an immediate attack ; and, finding the queen's cause hopeless,
they soon yielded a tacit obedience to the existing authorities.
The sovereign, or feudal superior, had, in those days, a full
right to the rents of all lands owned by minors, subject only to
maintaining their buildings and parks in as good condition as
they received them. Where the vassal held of the crown, the
wardship was often bestowed on some court favourite. The per-
son so appointed was in duty bound to propose a suitable
partner to his ward ; and if the person so offered was accepted,
the superior received the " avail of marriage" — usually two years'
free rent of the minor's lands ; but if the person thus offered
was not accepted — always supposing the person proposed was of
suitable rank — then the superior had a right to claim a " double
avail ;" which, according to custom, was three years' clear rents.
We have before us an instance : Alexander Vaus, Laird of
Barnbarroch, died, leaving an only daughter. She being under
age, and a ward of the crown, a gift of her marriage, as well as
the wardship of a part of her lands, were given to Sir John
Bellenden of Auchinvole.
Sir John proposed for her choice the elder sons of four
neighbouring barons ; one of these, the Sheriff's son, was but a
boy. How far the ages of the others were suitable, we cannot
say ; but this we know, that, doubtless much to Sir John's grati-
fication, the lady refused them all : upon which his attorney
drew up in due form —
" An instrument quhaire Helene Vauss refuissit ane marriage,
conform to ye King's gift.
" At the Lochwood, the 6th day of September 1568, and of
our Sovereign Lord's reign the first year : Whereas, Sir John
Bellenden of Auchinvole, Knycht, was Donator ; and had, by