case the Lord raimonds case this court will assist the testamentary guardian  to prevent a improper marriage of the infant heir upon a petition to the Lord  chancellor the defendant set forth that the late Lord Raymond have by his will  appoint they guardian to the present Lord his case tempt Talbot er p only  child and trustee of his estate till he shall come to age that the plaintiff  be but seventeen year old and be seduce by Mr chetwynd in order to marry his  daughter mrs mary chetwynd who be much inferior to he in family and fortune  that it will be a great disadvantage to the plaintiff to marry at this time by  reason of his tender age and want of education that the plaintiff have  contract such a acquaintance with the lady that the defendant have be force to  keep he close in their custody for some time to prevent their marry wherefore  they in general term pray the assistance of this court and that his lordship  will give such direction as to he shall seem proper the petition be support by  a affidavit set forth Mr Chetwynds proceed and there be also a affidavit of Mr  chetwynd show that he do not give the plaintiff any encouragement but that  upon solicitation and after he have be twice with the defendant about it he  have consent to the intend marriage case tempt Talbot Lord chancellor it  appear that the Lord Raymond be but seventeen year old and be about contract  matrimony at a age when he be not capable of judge for himself and unfortunate  for he it be that he be of age to contract matrimony it be most reasonable to  have the guardian counsel in all such case especial where they be appoint by  the will by statute car c a father have a right to dispose of the guardianship  of his child until he attain twentyone year of age and the right of a  testamentary guardian take place of a guardianship by nature for by the  express word of the act of parliament the guardian by will take place of all  other guardian and his authority by that law be a continuation of that  parental authority Vid hark   Litt note where the substance of the case  respect the several kind of guardianship and the origin and extent of the  jurisdiction of the court of chancery in the superintendence of guardian be  consider at large of the father and have the same power over the infant as the  father will have have but here have be a application in time and I be glad it  have before the marriage be actual consummate since it be most proper for the  court to prevent it if it be in its power so to do there be many case where  application have be make to this court after the marriage have and such have  always be attend with a censure upon the party privy to and promote such  marriage without the consent of the court in the earl of shaftsbury case p  will S c Eq can there be a order of court before the marriage have and so the  infant Lord be more immediate under the care of the court and upon his mother  consent to his marry and promote it without the consent of the court or the  guardian a sequestration go against her although the marriage be with the lady  Susanna Noel a lady of equal family and every way proper for my Lord  Shaftsbury in the case of Mr hand S C cite in p will daughter to dr hand all  the party be commit it be hold a contempt of the court to marry a ware of the  court without its direction indeed this be not the present case but I infer  from hence that we be to take all the care we can to prevent this marriage as  to the inequality of fortune it be not show what estate the plaintiff the Lord  Raymond have so that I can tell whether this be a smithfleld bargain or not  and as to the family it be admit that Mr chetwynd be of a very good family but  the age of the Lord Raymond be improper and that be the consideration which  weigh most with I and upon which I think myself bind in duty to prevent the  marriage if I can in order therefore to strengthen the guardian hand I order  that the Lord Raymond shall continue in their care case tempt Talbot and  custody and that they do not permit he to marry without the consent of the  court as to Mr chetwynd the match not have take effect there be no necessity  of look so minutely into the affair in order to censure he he will have do  well not to have consent to this marriage unless the guardian have do so too  but it have be say that it will be and unnatural in a father not to suffer his  daughter to marry to her advantage and she will have reason to blame he for it  ever after now to prevent that charge upon Mr chetwynd I order he not to  suffer his daughter to marry the Lord Raymond without the consent of the court  smith v smith atk which be a petition prefer by mrs smith on behalf of her  daughter miss smith devisee of a very large estate under her father will  against Mr Barry four son of Lord Barrymore that the court may restrain he  from marry her daughter be a infant and a ware of the court or to make such  other order as the court shall think fit when Lord Hardwicke after notice the  superintendence exercise by this court over infant order that as Mr Barry be  likewise a infant his guardian shall not permit he to marry the young lady  without the leave of the court which prevent any imputation or charge upon Mr  chetwynd from the lady or any body else since if there be any fault in it it  will fall upon the court and I shall be very Willing to hear it nb in this  case there be no cause in court at the time the fact set forth in the petition  be transact the bill be file but the day before the petition be present and in  the case cite there be cause in court at the time of the marriage case tempt  Talbot er p case tempt Talbot de term S HILLARII geo in curian porter