coke b palmer case pasch Jacob in the king bench guardian in chivalry shall  have the single value of the marriage of the heir without any tender SC cro  James Yelv between a   b a palmer and wile for a ware in the county of Oxford  the only question in the case be if the guardian in chivalry shall have the  single value of the heir without any tender and it be object that the guardian  shall not have it without a tender for four reason Litt lib cap fol and all  the book agree that knight service a tenure by knight service with its fruit  and consequence abolish and every such tenure convert into free and common  socage by car c a draw to it ware marriage and relief and the stat of Merton b  Inst c Cr Elizabeth b cap say quod maritagium he who infra cetatem be de mero  jure to stretch out ad owner fee so that the marriage of the heir within age  do belong by the law in such case to the lord then if the heir will perform  that which the law require sure to be marry by his guardian there be no reason  that he shall render any value for it for Littleton do not say that knight  service draw to it the value of the marriage but the marriage itself and the  stat of Merton do not say quod valour maritagii he de mero jure to stretch out  ad owner fee send maritagium he de mero jure to stretch out c suppose then  that a covenant with b that b shall have the marriage of a and that he will be  marry to her who b will nominate to he in this case I if a be ready to be  marry accord to his covenant and b will not nominate any he shall never render  any value for it coke report a er p so in the case at bar forasmuch as the law  give the lord the marriage if the heir be ready to perform it he be excuse and  shall not be charge with any value so if the tenant be ready to do homage or  any other corporal service which by his tenure he ought to do the lord can  refuse or waive it and take amends for it coke a in this case of marriage  which the law give the lord be to have the benefit and he ought to do the  first act for the heir can perform the duty which the law in such case require  without the first act do by the lord sure tender of a woman that the heir  shall marry and in all case when the default be in he who ought to do the  first act the other party be excuse as if a man be bind to levy a a roll hut  winch e b b   b contra roll Com dig Cond h touch a fine to the obligee before  such a day in this case forasmuch as by the law the obligee ought to do the  first act sure to sue forth a writ of covenant before the day if no writ of  covenant be sue the obligor be excuse as it be hold e b e b h a vide e e  Elizabeth dyer Windsor case and Elizabeth dyer c the word of the writ de  valour maritagii be quare cum b dyer pl f n b d b maritagium prd b ad Self a  to stretch out eastern quod prd b earth svan de eastern tenuitper slavery  mililare idem a prd b dumb to be infra cetatem in custodiam svan competent  maritagium without disparagatione c scepius to bring before idem b maritagium  mock renue de eoden maritagio prfat a cum ad full tatem to come up to give  satisfaction object thus far reject minus just c ad financial loss c by which  writ and also by the writ of intrusion of ware it appear that the lord shall  not have the value without tender of marriage and a default in the heir and if  the tender in such case shall not be requisite great and tedious surplusage  will be contain in the writ which of its nature and accord to its name ought  to be brief and substantial to say for breve because remember shortly describe  upon the reason aforesaid be diverse express authority in the point e a per  totan curian that it ought to be tender f n b c Fitzherbert action sur Le stat  Br forfeiture de marriage c e b issue take on the tender h tender allege d  Fitzherbert action sur Le stat Br forfeiture de marriage Le resolution deal  court d e and the statute of Merton cap si quis hres c pro lord his notueri  maritar non come pella hoc to make send cum ad cetatem to come up debt lord  his satisfacial ei c all which prove that there ought to be a tender as to the  first and second objection it be resolve e   b Cr James e per totan curian  that at the commonlaw it be at the lord election to have the marriage of the  heir or to suffer the heir to marry who he please and to have recompense sure  the value of it and that at the commonlaw lie not only the writ de valour  maritagii but also the writ quare see intrusit maritagio non be satisfied and  therewith agree f Br forfeiture de marriage Br tender e b f ass p and at the  commonlaw if the heir within age have be ravish and marry the guardian shall  recover in a action of trespass the value of the marriage in damage and  therewith agree e ass which be a coke b notable bene proof that the value of  the marriage belong to the lord without tender g Cr Elizabeth Yelv more    light a   b a Inst Cr James Cr car g for if the value shall not be due without  tender then if the ravisher of a ware marry he the lord shall not receive the  value or if the heir marry himself before the lord can make a tender or if he  go beyond h Yelv   b Cr James h sea or to place unknown the act and wrong of  the heir if a tender be necessary may prevent the guardian of the benefit of  the marriage which de I Cr James Yelv   b Cr Elizabeth I mero jure belong to  he which will be inconvenient as to the three exception it be answer that many  time writ be frame accord to that which most usual coke report b er p happen  and where the rule be ad king   a   a calvin case   light a Inst cart king she  queen often to fall upon jura adapta b Vid a instance of the application of  this rule Sherwin and cartwright case hut cite Hodsden v Harridge sand b it  may be well say ad she queen often to fall upon to write back sive short  catalog adapta and a special case shall have the usual writ and a special  count as to the authority sure of a before a Fitzherbert action sur Le stat Br  forfeiture de marriage a e b there it appear that the issue be take on the  tender which many time be do by good advice sure first to try the matter in  fact if the plaintiff counsel will admit it aid then to take advantage of the  matter in law which join of issue by the plaintiff counsel be not any  authority to prove that a tender be requisite and as to the book of b Ant a b  e a which be but a opinion obiter without argument or deliberation in the  debate of another case be to be understand of the forfeiture of marriage and  in the other book tender be only allege and no authority that it be requisite  but the book of c Ant a Br forfeiture de marriage Br tender c ass p be adjudge  that for the single value a tender be not requisite and therewith agree h a et  hoc common skilled calculator to approve and so the doubt in Elizabeth dyer b  d dyer pl Doct pl   b d well resolve coke report a er p coke report volume the  six part of the report of sir edward coke Knt Lord chief justice of the common  plea of diverse resolution and judgement give with great deliberation by the  reverend judge and sage of the law of case and matter in law which be never  resolve or adjudge before and the reason and cause of the say resolution and  judgement during the most happy reign of the most illustrious and renown queen  Elizabeth the fountain of all justice and the life of the law with note and  reference by John Farquhar Fraser Esq of Lincoln inn Barristeratlaw