Tracts, legal and historical

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never can be held a proper case of legitimation, per
subsequent matrimonkwi, which pre-supposes no
such obstacle, but, on the other hand, directly con-
devenerit, et desuper executum fuerit, et ante complementum ma-
trimonii in faciem ecclesie, &c. nos ex nostris gratia, et favore, spe-
cialibus, &c. dedimus — dicto filio, etfiliis — liberam facultatem, &c.
ut ipsi et eorum aliquis libere et licite disponere valeant, &c. de
omnibus et singulis terris suis, &c. non obstante quod si contingat
ipsos bastardos procreari, et privilegiis juris nobis super eschsetis
bastardorum concessis." The lands, it may be observed, are only
taken to the disponee, and the heirs-male of his body.
These individuals after married, as is proved by an infeftment
in the Cumbernauld Charter chest, 5th February 1511, granted
by John Lord Fleming to Janet Calderwood, — " cle consensu, et
assensu nobilis domine Margerete Stewart spo7ise dicti Domini
Fleming." Their union, however, was not of long duration, for
there is in the same Repository a divorce, dated 25th of October
1515, between John Lord Fleming and Margaret Stewart, be-
cause, previous to their marriage (which was contracted, " per
verba de presenti, carnali copula subsecuta, in facie Ecclesie")
James Lindsay " consanguineus dicti Johannis Domini Fleming"
had carnally known the said Margaret — which James and the
above nobleman were in the second, and second degrees of con-
sanguinity and affinity. Lord John, therefore, and Margaret,
were in the forbidden degrees of affinity before the marriage,
which necessarily voided it. In all probability, the dispensation
from Rome had not been obtained, or if so, not resorted to.
This unfortunate, though somewhat mysterious Lady, who is also
adjudged by the above sentence to refund her dowry, was pro-
bably another wretched victim to the profligacy and libertinism
of the age, because there is, at this time, an action at her instance
against her husband for " ye wrangwise ande maisteiful se-
duceyng, ande compelling, ande distrenzeing of ye said Mergreit