HAMILTON, Gavin Provost of the Collegiate Church of Bothwell ^{1 2}

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  General Notes:

Gavin Hamilton was the fourth son of his father.

Gavin married Jean MUIRHEAD 'the fair maid of Lechbrunnock', daughter of Sir William MUIRHEAD of Lauchope and Jean HAY, about 1446.^{1 2} (Jean MUIRHEAD 'the fair maid of Lechbrunnock' was born about 1419.)

  Marriage Notes:

"Gavin Hamilton, fourth son of James Hamilton of Cadzow (No. 6), died before 29th May 1493. He became Provost of the Collegiate Church of Bothwell. According to the House of Hamilton he married Jean Muirhead, 'the fair maid of Lechbrunnock,' but being within the degrees of consanguinity prohibited by the Church, and no dispensation having been obtained, the marriage would not be lawful."

from The Hamiltons of Dalzell




"Janet Muirhead married Gavin Hamilton circa 1446. Nisbet noted that the marriage was celebrated privately, ƒed non de jure,ƒecundum canones. The marriage was not sanctioned according to Nisbet:

"The marriage, they ƒay, was private, and the parties 'inter grados a jure prohibitos', within the degrees of conƒanguinity prohibited by the canons or laws of the church, and a previous diƒpenƒation had not been obtained from the pope before the marriage, and the children ƒo procreate, 'ex occulto et candeƒtino matrimonio,' were looked upon as ƒpurious. However this lady bore him four or five ƒons; and after that he left off cohabitation with the gentlewoman, and went into orders, and came to be provoƒt of the collegiate church of Bothwel..."

from Mother Bedford website


Note: The affinity between the two may have been that Jean's/Janet's brother had married Gavin Hamilton's sister, Mary/Mariota:

" ... affinity is an impediment to the marriage of a couple, and is a relationship which 'arises from a valid marriage, even if not consummated, and exists between a man and the blood relatives of the woman and between the woman and the blood relatives of the man'." (Wikipedia, citing Code of Canon Law of the Catholic Church)

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