case calthrop against axtel a mother be guardian to two infant daughter  heiress let we the land as tenant in possession and covenant with the lessee  for quiet enjoyment quaere if a ejectment be bring on the part of one of the  daughter against the other under the Phil mary c for marry under sixteen  without consent whether the mother be a admissible witness ante the husband be  seize in fee have issue two daughter and die his wife survive and be then by  law guardian in socage to her child one of the daughter under the age of  sixteen year marry one Mr b without her mother consent by reason whereof her  estate become forfeit during life to her sister by virtue of the statute of  Philip and mary c who now bring a ejectment which be try at the bar the mother  be produce as a witness at this trial against the marry daughter but it be  object against her that she be tenant in possession of the land in question  under her other daughter it be determine that a tenant in possession be not a  good witness to prove his landlord possession or to support his title because  it be to uphold his own possession do v foster Cowp a that some part of the  estate be in house and that she have make lease thereof to several tenant for  ninetynine modern year c and covenant with the lessee that she together with  the infant when of age shall and will join to do any further act for the quiet  enjoyment thereof therefore this be like the case of a bailiff or steward who  if they put themselves under such covenant shall never be admit as witness in  any cause where the title of such land shall come in question the proof that  the mother do not consent be that she make affidavit of the whole matter and  get the Lord chief justice warrant to search Mr b s house for her daughter and  upon application make to my Lord chancellor she obtain a writ of ne exeat  kingdom and get a nomin replegiando and give notice of the fact in the gazette  and exhibit a information in the crownoffice against Mr b and his father and  his maid the attorneygeneral contra the preamble of this Act will be a guide  in this case which be for that maid of great substance in good c or have land  in fee have by reward and gift be allow to contract matrimony with unthrifty  person and thereupon have be convey from their parent by sleight or force c  then it enact that no person shall convey away a maid under sixteen year  without her parent consent which assent be not necessary within the meaning of  this Act unless the child be take away either by sleight or force which must  be prove the mother be no good guardian to these child for she do set up one g  to be a curator for her daughter in the spiritual court to call herself to a  account for the personal estate of which her husband die possess she have give  security to exhibit a true inventory this account be state in the prerogative  court between her and the curator to three hundred pound only for which she  give bind when in truth the personal estate be worth more and afterward obtain  a decree in chancery think thereby to bind the interest of the infant in this  case it be say that there must be a continue refusal of the mother for if she  once agree though afterward she disassent yet it be a assent within the  statute there must likewise be proof of the steal away modern er p