case smith versus smith in the Cause petition march a mother petition that Mr  bar may be restrain from marry her daughter be a infant and a ware of this  court order as he be likewise a infant that his guardian shall not permit he  to marry the young lady without the leave of the court vide lady Catherine  annesley case cite p W Lord Raymond case can tempt Talb beard v travers Ves  the care of infant revert to this court on the cessure of the court of ware a  petition be prefer by mrs smith on behalf of her daughter miss smith devisee  of a very large real estate under her father will note miss smith be entitle  to this estate under a settlement subject to a proviso restrain her from marry  without her mother consent against Mr Barry four son of Lord Barrimore that  the court may restrain he from marry her daughter be a infant and a ware of  this court or to make such other order as his lordship shall think fit Lord  chancellor this care of infant have be exercise by the court in different  degree and instance upon the cessure of the court of ware the care of the  government of infant revert to this court to who it original belong and in  respect of lunatic idiot and infant atkins the king be bind to take care of  they it be not a profitable jurisdiction of the crown but for the benefit of  infant themselves who must have some common parent atkins er p this  jurisdiction be exercise by way of punishment sometime on such as have do any  act to the prejudice of infant and likewise more useful exercise to restrain  person from do any thing to disparage infant where the act have not yet be  complete the person against who this petition be pray have not in respect of  family and quality disparage her but then there be another objection arise  from a great inequality of portion and fortune between this young lady and Mr  Barry though this be not the material ingredient in the happiness of the marry  life yet parent always take care that such provision shall be make of this  kind as will enable infant to live in the world suitable to that rank to which  their birth entitle they the crown therefore act by way of analogy to the care  and prudence of the natural parent and for this reason when infant under the  care of this court be upon a treaty of marriage the court refer it to a master  to see whether the settlement propose be proper if improper the court will not  give the infant leave to marry as the court have then by great variety of  order exercise this authority it bring on the present question whether this be  a case fit for the court to interfere in the address of Mr Barry have be carry  on very improper begin when the lady be very young and even in the lifetime of  her father complaint make by the father to Lord Barrimore of his son behaviour  Lord Barrimore by a letter to Mr smith promise his son shall never attempt a  address of this kind for the future the father be dead but have appoint  testamentary guardian to his daughter and give this lady and her sister the  inheritance of pound a year upon condition if they marry under age that it  must be with consent of their mother and the testamentary guardian so that the  father have not only entrust they with the common care as guardian but have  show his intention and desire they shall be consult on marriage and a previous  consent from they obtain atkins notwithstanding Lord Barrimores letter to Mr  smith the young lady frequent meet Mr Barry at Lord Barrimores house and many  message from Mr Barry be carry by Lord Barrimores servant to the young lady  and the fact be do contradict that Mr Barry or Lord or lady Barrimore so that  it appear uncontroverted that this be disapprove of by her father in his  lifetime and disapprove of by Lord Barrimore likewise and yet since her father  death this affair have be take up and carry on by Lord Barrimore and not one  of the circumstance charge by the affidavit of mrs smith and other in support  of the petition deny by Mr Barry or Lord or lady Barrimore the first prayer of  the petition be for a order on Mr Barry not to marry the young lady without  leave of the court all these order import only during her minority for to be  sure at the age of twentyone she be Himself law and at her own disposal the  counsel for Mr Barry do not object to such a order and even if it be a general  order yet it will affect every body and whoever shall presume to marry her  will incur a contempt of the court but when there be a application against any  particular person to restrain he from marry a infant it be usual to insert his  name in the order the petition pray second that all letter contain or import  any promise of marriage shall be produce it have be insist by Mr barry counsel  that no such order have ever be make by the court I can say I do remember any  such order but I have no doubt of the court be have a power of make such a one  when a person obtain a promise in write to bind down infant while under the  care of the court it be very true a promise of a infant under age will not  bind the infant and so lie down in the case of holt versus ware in the court  of king bench vide FitzGibbonss Rep and it be insist there the infant can not  support a action on a promise of marriage the court be extreme doubtful but be  convince by the argument of Mr reeves afterward Lord chief justice of the  court of common plea and indeed it be a very fine one and be the best report  in FitzGibbonss book if a man of full age and a female of promise to  intermarry and afterward he marry another a action lie against he for though  such marriage may be say to be avoidable as to the infant yet it shall be bind  on the person of full age who shall be presume to have act with sufficient  caution otherwise this privilege allow infant of rescind and break through  their contract which be intend as a advantage to they may turn great to their  prejudice new Abr vol holt versus ware Trin Geo stram Barnard b r Barnard b r  as to the rule and method of practice in such a case in the atkins  ecclesiastical court that be not absolute determine in the court of king bench  but rather take to be in this manner atkins er p upon a contract of marriage  in going to be the ecclesiastical court only punish the party pro lsione trust  but can decree a performance of conjugal rite vide hark   Litt b note and but  be that as it will and that it be only voidable yet do not such a behaviour as  Mr barry tend to entangle a infant and to prevent her from marry advantageous  where a proper match offer and in short nothing can tend more to her prejudice  than suffer her to be ensnare and draw in to enter into such engagement during  her infancy and therefore it be high incumbent on the court to see what step  have be take to ensnare her for notwithstanding a female of twelve year of age  be capable of contract marriage the canon in be express against infant marry  without consent of parent and a licence can he have without a oath of the  parent or guardian consent notwithstanding infant be capable of enter into  contract of marriage in the notion of law at the age of fourteen and twelve I  will order Mr Barry to produce such letter as contain a promise of marriage  but not billet doux or letter of civility for as a letter may contain as  strong a promise as a note in write therefore it must be produce and mrs smith  shall likewise be allow to examine Mr Barry on interrogatory it have be offer  by Mr barry counsel that I shall look into they as a private gentleman but  that will not be a knowledge to I in my judicial capacity and therefore of no  use the affidavit of Mr Barry mention other letter of like import and effect  but that be not satisfactory therefore they must be produce likewise it have  be object by Mr barry counsel that the letter mention in Mr barry affidavit be  write before the fill of the bill and therefore be not a matter for the  cognizance of the court suppose it be before fill of the bill this be a very  nice distinction for if such a affair have be carry on private and clandestine  with out the knowledge of the mother of the young lady and the testamentary  guardian I shall take it as one entire transaction in order to draw in the  infant to a improper act it may be do too when there be a prospect of such a  bill therefore this court ought not to put it upon such a narrow point as this  be and it be very probable too this letter be deliver to Lord Barrymore after  this petition lodge atkins so far as relate to the promise of marriage Lord  Barrimore have no business with the letter deliver to he by the son solicitor  the custody of the solicitor be the custody of Mr Barry this be a kind of  management too I do not approve Lord and lady Barrymore be not mention in the  prayer of the petition nor serve with notice therefore be not before the court  but though I can make a order nominati on Lord Barrimore yet I will make a  order as Mr Barry be allow to be a infant that whoever have a power over he as  guardian shall not permit he to marry the young lady without leave of the  court and do direct that all letter import a marriage shall be produce before  a master and that mrs smith be at liberty to examine Mr Barry on interrogatory  Reg lib b fol