coke a sir draw drury case pasch James in the court of ware d seize of a house  parcel of a monastery dissolve tempore h in fee in you hold in capite by  knight service his son and heir be within the age of year queen Elizabeth  grant the wardship of the son to one a who make a tender of a marriage to the  son which he refuse and afterward king I make he a knight and afterward he  marry elsewhere within age d be a free burgess of you to which town Edward I  by charter grant that all bear there although they hold land by such service  as b reason of they marriage ought to belong to the king may marry free accord  to the liberty of the say you resolve the say charier have not discharge the  son from wardship the create of the son a knight have not discharge the value  of the marriage when tenant by knight service die his heir within age  immediate the value of the marriage as a chattel be vest in the lord when the  king make the heir apparent within age of a tenant by knight service a knight  in the life of his ancestor and afterward the ancestor die the say heir within  age he shall be out of ware and shall pay no value of his marriage nor shall  the lord have the custody of the land when the heir within age be make knight  after tender make to he although be within age marry elsewhere yet he shall  not pay the forfeiture of the marriage SC cro James the case between sir draw  Drury the elder plaintiff and sir d young defendant in the court of ware be  such it be find by inquisition army short catalog before the escheator of the  county of Norfolk year Elizabeth after the death of Roger Drury Esq that the  say Roger be seize of a house in Yarmouth in the say county parcel of the  dissolve monastery of black friar in Yarmouth and thereof die seize the  defendant be his son and heir and of the age of fourteen year and seven month  that the say house at the time of his death be hold in capite by knight  service a Vid ante note a Lord Darcys case   b a and that the say Roger be  also seize of the manor of bark in the county of Norfolk hold of the king by  knight service and not in capite and after office thereof find queen Elizabeth  under the great seal grant the custody and wardship of the body of the  defendant to the plaintiff the plaintiff make a tender of a marriage to the  defendant be within age which he refuse and afterward the king that now be  make he a knight be then also within age and afterward he marry elsewhere  within age the say Roger be a free coke b burgess of the town of Yarmouth king  Edward I make such a charter to the burgess of the say town in these word to  go away etian pro we et hredib our men quantum in we be citizen et Probus  hominib say in addition to de maqna Jernemutha quod all men Ilium de villan  prd descended although Self land well tenement extra freedom will to hold per  tale slavery per coke report a er p quod maritagia the dawn ration those  inferior in rank tatis Self ad our well hredes our men pertivere deberunt  secundum law et consuetude royal power our men nothing ominus juxta freedom  will prd see maritar to be able without occasion well impediment our men well  hredum our in pervetumm salvojure of one another pron  interrog  and in this  case two question be move whether the say charter have discharge the defendant  from wardship or not and as to that it be clear resolve by Popham and coke  chief justice and Fleming chief baron and the court of ware that the say  charter have not discharge he for diverse reason because it be not a absolute  discharge of itself but have reference know juxta freedom vill prd which ought  to be show the tenure be create on a grant make of the house after the  dissolution of the monastery and the say grant can extend to a tenure create  after it be not set forth in the case that the say Roger be bear in Yarmouth  for the charter be de villan prd descended the second and great question be  whether by the make the defendant knight he be discharge in law of the value  of his marriage and this case be refer to the say chief justice and chief  baron who hill Sac at sergeantsinn hear the case argue and debate by topham of  counsel with the defendant and Fr Bacon with the plaintiff and afterward in  easter term it be again argue by sergeant Hutton for the defendant and  sergeant Nichols for the plaintiff after which argument the judge have  consideration of the case and upon conference among themselves it be unanimous  resolve and so open declare in the court of ware in the presence of Robert  earl of Salisbury master of the court in ware that the defendant ought to pay  the value of his marriage and that his creation of knight have not a Inst Cr  James a discharge he from it and in this case these point be resolve that the  intendment of the law be that the heir within age of twentyone year be not b    light b b b Cr James light sect   b b able to do knight service till his full  age of year and therewith agree light lib c f a but such presumption of law  give place to a judgement and proof to the contrary as it be say c   b Cawd  case   b   a   light hob Bulstr c to stand prsumptioni while to make good in  opposite direction and therefore when the king who be sovereign and the  supreme d Inst side   a d judge of chivalry have dub he a knight he have  thereby adjudge he able to do knight service and all be coke a conclude to say  the contrary and therefore such heir so make knight shall be out of e Inst e  ware and custody but if the king create such heir within age a f Inst Cr James  f duke or marquis or earl or viscount or baron he shall not thereby be out of  ware or custody for in ancient time every baron c hold his barony c by grand  sergeant as appear ass pl ult in a   a a ass   light a b   b a roll Br  condition a Clifford case and the Lord Cromwell case in the second part of my  report a which service as Litt say lib c f be call b light sect   light b b  grand sergeant or great serjeantia as Fleta call it lib c because it be a  great or more worthy service than knight service as to hear the king banner or  his lance or to lead his host or to be his marshal c as light say or to be  high steward of England as Elizabeth dyer c die pl c be c and the son and heir  within age of a duke marquis earl viscount and baron shall be in d Inst d ware  notwithstanding their dignity it be resolve that when e Inst before b hob Cr  James roll Cr James e tenant by knight service die his be within age immediate  the value of the marriage as a chattel be vest in the lord e b old n b e send  for then when f Cr James f such heir be make knight he be to this purpose make  of full age and as much coke report b er p be do in judgement of law as if he  attain to his full age of year for at such age the law intend he able to do  knight service and now when the king make he knight before such age the  intendment or presumption of law give place to this judgement and proof to the  contrary and now he be to this purpose set and compute of full age then admit  he have accomplish his age of year without question the lord shall have the  value of his marriage but at g Cr James g commonlaw it be take that by the  make of he a knight be in ware forasmuch as now in judgement of law he be  esteem as to this purpose as of full age for his ability to do knight service  his land will be immediate out of wardship and therefore it be provide by the  statute of great Charta cap ita yet quod si ipse dumb infra tatem to be fiat  mile nhilominus land to stay behind in custodian a master of oneself so that  although such heir within age be make a knight and therefore to that purpose  esteem of full age h hob h yet the land shall remain in the lord custody till  his age of twentyone year by the purview of the say Act and if the law have  not be clear for the value of the marriage for the cause and reason aforesaid  without doubt the maker of the say Act will have make provision as well for  that as for the land it be resolve that when the king make the I Inst I heir  apparent within age of a tenant by knight service a knight in the life of his  coke b ancestor and afterward the ancestor die the say heir within age in that  case he shall be out of ware and shall pay no value of his marriage neither  shall the lord have the custody of the land for in such case by the make of he  king Inst king knight in the life of his ancestor he be make as of full age so  that when his ancestor die no interest either in the body or the land shall  ever vest in the lord and the statute of great Charta for the custody of the  land do not extend to it for the purview thereof extend only when the heir in  ware infra tatem be make knight then to stay behind in custodian c but when  the heir be make knight in the life of his ancestor then the custody can  remain or continue which never have any beginning or essence and therewith  agree radcliff case l blow b l blow Com the justice say they ought to have  good consideration in all case depend before they not only of the antecedent  know of the present case in question but also of the consequent know what  general prejudice will ensue thereupon either to the king or subject and sure  great prejudice will ensue to the king if the law shall be otherwise in the  principal case for it may be great prejudice to the king in his ware not only  of knight make by himself but also by his lieutenant in Ireland and elsewhere  also none will buy any wardship of the king when notwithstanding they have pay  the value thereof to the king and have they pass under the great seal as the  plaintiff have in the case at bar that by make he a knight it shall bar he of  the value of the marriage for a man will give little or nothing for a thing  which depend upon such a uncertainty it will also be very prejudicial to the  subject if after their ware be lawful vest in they they shall be deprive and  defeat of they by make they knight and especial when it appear by a h b Br  nosme de appropriate Br add a h that a man may be make a knight as soon as he  be baptise it be resolve that when the heir within age be make knight after  tender make to he as in the case at bar he be although he within age marry  elsewhere yet he shall not pay the forfeiture of the marriage for by make he  knight he be out of the b Inst Cr James hob b wardship and custody of his lord  for after he be knight he ought to be Himself law and may employ himself in  feat of arm to defend the realm c and therefore ought not to be in the  wardship or custody of any and none shall pay any forfeiture but when after  refusal be marry himself during the time he be under the custody and wardship  of his lord and that appear by the statute of Merton cap si see maritaveri  without freedom domini Himself ut ei to take away maritagium suum c which word  can be understand when he be out of wardship and custody no more than when he  be marry coke report a er p after his age of year but as the guardian have  some prejudice by the loss of his forfeiture in such case by the make of his  ware a knight so have he thereby also a benefit coke a for although the  guardian in chivalry can have a writ de valour maritagii nor compel the heir  to satisfy himthe value of his marriage till his full age see till his body be  out of his custody and if such heir die before such age the lord shall lose  the value yet in this case immediate after the heir be make knight he may have  a writ de valour maritagii because he be thereby out of the wardship and  custody of his guardian and the usual writ de valour marilagii when he  accomplish his age of year be dumb to be infra tatem in custodian c f n b and  register and there shall be a special count upon the case for note it be not  dumb to be infra tatem general but dumb to be infra tatem in custodian and  those word well stand for now he be out of custody and two precedent be cite  one of Robert earl of Essex in Elizabeth the other of one Ratcliff in mich  James who be both make knight during the time they be in ware and be by the  order of the court of ware discharge of the value of their marriage but on  good consideration of the say precedent it appear that theypassed c hard c sub  silence without argument or any resolution of any of the judge of the law and  a great number of precedent be show which agree with the resolution of the say  justice in this case v e b Br d Inst Br guard d guard e in abridge the case of  Edward and radcliff case blow Com and this be the last case that sir John e  cro James e Popham knight the venerable and honourable chief justice of  England and counsellor of state to queen Elizabeth and to our lord the king  that now be resolve who be a most reverend judge of a ready apprehension  profound judgement most excellent understanding in the true reason of the law  and of universal and admirable experience and knowledge of all business which  concern the commonwealth accompany with a rare memory with perpetual industry  and labour for the maintenance of the tranquillity and public good of the  realm and in all thing behave with great constancy integrity and patience