butler demandant against lady bray tenant in a Writ of who Bedf a father  declare the use of land to his son and such wife as he shall marry at the  nomination and appointment of four one of they die before the marriage the  authority of the other three be determine a father can grant the marriage of  his son which be a prerogative inseparable annex to his person and if he give  authority to other to appoint the marriage by his death the authority be  determine Edmund late Lord bray seize of diverse land in the county of Bedford  and Buckingham the land in Buckingham be hold in capite by knightservice in  the that year of Henry by indenture make between he of the one part and Lord  audeley then chancellor of England Lord Cromwell lord privy seal sir William  paulet knight then treasurer of the king household and now marquisq of  Winchester and lord treasurer of England and sir John Russell knight then  comptroller of the household in the behalf and for the king of the other part  for the sun of eight hundred pound bargain and sell the custody rule order  government and marriage of John b his son and heir apparent and late Lord bray  to the say four counsellor of the king to the intent to be marry at the  appointment and nomination of they or their assign without disparagement and  covenant for the delivery of he to they before a certain day unaffied c be  then of the age of sixteen year and in further consideration c he covenant to  assure his say land in Bedfordshire before a certain day to have to they and  their assign for and towards thread of the say son and itch wife as he shall  marry by the appointment nomination and pleasure of the say four counsellor at  squirt until he come to the age of twentyone year and then the land to remain  to the say soot and such his wife and to the heir male of the body of the son  c and a fine be levy to they in feesimple to the use and intent aforesaid  afterward the say Lord Cromwell die the say marriage not dyer a er p have be  make nor any step towards it take after this die the say e Lord bray the say  Jo his son be still within age S seventeen c which age with the tenure  aforesaid be find by once in the county of Buckingham by which the king be  entitle to the wardship of he who bargain and sell his marriage to the late  earl of Shrewsbury for one thousand pound and afterward the say marriage be  have and solemnize at the nomination appointment and pleasure of three of the  say counsellor then live and by the assent and dyer consent of the king with  the say lady bray be the daughter of the say late earl and after the full age  of Jo Lord bray he bargain and sell the say land in the county of Bedford now  in dispute to butler and assure they to he by a fine with warranty and  recovery and afterward he die and the say lady survive and enter upon butler  claim her freehold and jointure as above against who butler bring the writ and  she plead that she do not seize namely the general issue and this matter be  give in evidence and a demurrer in law to it and the jury be discharge also it  be a clause in the indenture that if the marriage shall take none eject by  reason of the death of the say l Edm bray or refusal of the say Jo bray or  otherwise that then the say eight hundred pound shall be repay c and that  thereafter the say indenture and all assurance to be make accord to the  covenant thereof shall be clear void but it be allege in evidence on the part  of lady bray that the money be not repay which be not deny c the first point  be what interest pass from the bargainer to the bargainer by the say bargain  and sale of the custody and marriage as above and whether the word to the  intent to be marry at the nomination appointment and pleasure of the bargainer  without disparagement be vain and void word or material to repose a special  confidence in they also whether the three survivor Cromwell be dead can  execute the bargain aforesaid or not also whether by the death of the say Edm  bray the father the bargain be utter cease and determine the king be entitle  to the ware so that although the marriage be have by the nomination  appointment and pleasure of the say vendees and by the consent and assent of  the king and earl of Shrewsbury the assignee of the king yet whether this  convey any use to the say lady bray or not which be the chief point of the  case c and note the word for the assurance in the indenture namely to quake a  good sure and sufficient estate to they their execrators and assign of and in  c to have and hold to they and the survivor of they and their assign until the  say John bray shall accomplish and come to the full age of twentyone year for  and towards the find of the same John bray and such wife as he shall quarry by  the appointment nomination and pleasure of the say four person or their assign  as be aforesaid the remainder thereof from thenceforth after that he come to  or shall accomplish the say age of twentyone year if he shall live so long to  the say I bray and such his wife as he shall marry as be aforesaid and to the  heir male of the body of dyer the same I b lawful beget c in which word no use  or intent be comprise express but that a estate in possession shall be make to  the say four counsellor only during a term of so many year as I b shall be  under age which be not above five year and then the remainder of the freehold  shall vest in I b and such wife at above and to the heir male of the say I b  and then when the fine be levy to the four counsellor and to the heir of one  of they and a averment take that the fine be levy to the use and intent recite  and specify in the indenture they be dyer a er p seize after the term above to  the use of the conusor and his heir d and not to the use of the say I b and  his wife and the heir of that I b and no estate in possession can he vest and  execute in the same wife who be not then name or know and a freehold can be in  abeyance until the marriage of the wife for this be impertinent therefore all  vest either in Lord e bray the conusor in fee by reason that no use be express  or in his only son because he have then ability and capability of take the  freehold but not a his wife who be marry afterward any more than if I give  land to one for a term of year remainder to I S and a his old son and to the  heir of I S the father and at that time I S have no son but afterward within  the term he have a son bear he shall take nothing because he be not in a thing  naturan at the time of the limitation of the remainder and the freehold vest  entire in I S and no moiety in jointtenancy with his son at that time  wherefore c but quaere of this word intent because by Anth brown it be  equivalent to use c and Weston justice argue that the father have no interest  in his old son to be grant or sell to a stranger because that be annex special  to the person of the e father as a inseparable prerogative and Catlin chief  justice and sander chief baron afterward assent to this opinion but Anth brown  and myself to the contrary and this be prove by the trespass pro Katherine son  et hrede svan rapt lead away et marry against the will of her father in e and  see m e b h e and m e for a orphan and for his cousin and heir who marriage  belong to he and e and h fol b pl and h h a pl and this clause pron  interrog   maritagium be not necessary and infra tatem existent may be omit for it be not  in the register see b a and note for the interest in the trespass de wife lead  away cum good man and for a bloodhound h pl c and see for the assignment or  grant of custody in socage c e pl and Weston argue that no interest pass bar  the sale above and then conclude that dyer no survivorship take place  therefore by the death of Cromwell the authority to appoint c be go but brown  and I to the contrary because they have a interest in the son and marriage  which survive and Tisurs case Elizabeth he have a son by one venture and a  daughter by another venture the second wife die the land holder by knight  service in capite descend to the daughter within age of the ancestor ex part  matris adjudge that the body of the daughter as well as the land shall be in  ware to the queen live the father for she be not heir apparent to the father  but the son be Littlebuties case Elizabeth he have a daughter by one renter  upon who descend land from her grandfather on the mother side hold by  knightservice in capite now the queen shall have the ware of the land only  afterward the father take another wife and have issue a son and the daughter  be still within age now the queen shall have the ware and marriage of the  daughter for now she be not heir apparent to the father James Lothers case one  be suitor to a daughter who be enrich by her grandfather promise to the mother  a sum of money to use her endeavour to persuade the daughter to marry and upon  assumpsit for this money the party plead stow assumpsit and object that the  mother have no interest in the daughter to make a good consideration yet  adjudge that she have such interest in her daughter as will make a good  consideration more sir though raym dyer b er p then these word to the intent  to be mark at the appointment c be void and null to this respect but by those  word without disparagement the intent be material and parcel of the contract  for without these word no marriage shall be adjudge disparagement because no  penalty ensue therefrom to the father as guardian in chivalry and further as  to the second point it seem to Weston and I that the death of the father  dissolve and determine all the bargain and the authority of the four vendees  although afterward the marriage take erect by their nomination appointment and  pleasure and by the assent also of king h for who and on who part the  indenture be make above yet this be no interest in the king nor give he any  interference in the matter and especial because the king at a late time have  title of ware by the tenure and office and when he grant it to the earl of S  for one thousand pound he grant his interest in the heir and by the  exemplification of this in the court of ware the intent of the king can be  understand other than that he destroy and refuse his first bargain in the  marriage conclude by his counsellor and although the marriage be make at the  nomination appointment and pleasure of all the counsellor aforesaid and also  by the assent of the king yet when the earl of S join with they this be the  sole act and preferment of the earl and it be like this case if I be the  patron of a church which be void and a stranger present by usurpation and his  clerk be in for six month and then he resign and when he have resign I grant  he a annuity until he be advance to a benefice by I or at my nomination and  afterward I request the usurper to present he to the same nomination and he  and I join in present the same person the annuity be not determine the law be  the same if one man have the nomination and another the presentation over of  the same person and he who have the presentation grant a annuity to a clerk as  above and he be admit to the benefice above at my nomination and also at the  presentation of the grantor yet the annuity be not determine because he be not  in immediate by the grantor the law be the same of a corody c and so when  diverse man join together n do a act where some of they have nothing to do in  the matter the law will adjudge those only actor who have a interest and  authority to do it wide simile in h b pl in debt where a surrender be plead  and also there be another dyer matter to prove against the lady S when the son  be marry the danger of pay the value of the marriage to the earl of S his  guardian in fact if he be not marry by he and this forfeiture remain still  against his executor and on the other hand for refusal of the marriage tender  by the vendees there no damage or peril shall ensue therefore it be intendable  that he elect and allow the tender of the earl before the tender of the  counsellor c and this be also prove by the sequel of the fact videlicet in  this that he alien the land afterward with warranty to butler c and so upon  the whole matter lady bray be not ankle seu hujusmodi mulier wicker basket  shall be appoint and nominate at the pleasure of the vendees and no name of  baptism or surname have she but by the circumlocution of ankle wicker basket  as above wherefore etcetera and so it be conclude by Weston and I that the  wife have no use or jointure wherefore the plaintiff ought to recover seize  upon this evidence but brown e contra because it signify not by who effectual  nomination of the person aforesaid the say wife be marry so that the intent  and word of the indenture be execute and fulfil and afterward in the end of  next term judgement dyer a er p of seize be give for the plaintiff namely  butler against the lady because it appear that by the death of Lord Cromwell  before the say marriage appoint the other who survive he can appoint the  marriage for by the say indenture it be a joint commission to those four and  also if he assert during his lifetime after the death of the say Edward Lord  grey he can then appoint the marriage to the say Jo grey be under age by the  prerogative of the king ire the wardship of his body and then also the bargain  of the say marriage be void Benloes case fol