brier against bolton enter hill and car roll Lanc error keb qr Skinner brier  bring error on judgement against he be plaintiff in replevin at the assize for  the county of Lancaster on special plead the party come to this issue whether  Roger brier the plaintiff father Jan agree or promise with or to mary his  daughter to give and pay for her marriageportion whereupon a special verdict  be find to this effect that Roger be seize of the land where the distress be  take inter alian feoff diverse person to several use wherein be a proviso give  he power to grant to any person or person a annuity of per and out of the  premise to commence after his death and to continue so long until each  daughter not marry at the time of his death or marry and who marriage portion  promise or agree to be pay shall be unpay in the whole or in part at his death  out of the say rend bad raise towards their preferment and further that on the  desire of the grandmother of mary to Roger he promise and agree to give to  mark l as a provision for her but that mary be not present or privy to the  desire and that there be no mention of the marriageportion and that afterward  Roger by his deed indent between he and mary recite his power by the say  settlement and in pursuance thereof and in consideration of his natural love  and affection grant a annuity of out of the land to mary to commence after his  decease and Jones t to continue until she or her assign shall or may receive  and have l or so much thereof as shall be in arrear at his death out of or by  the say rend and that afterward mary consent thereto and after in the lifetime  of Roger but without his consent and against his will marry the plaintiff and  quod tunc there be no agreement pro aliquan portion of a wedding or marriage  that afterward mary die and administration of her good be commit to the  plaintiff who after Roger death distrain for l of the say rend be then in  arrear but whether Roger agree or promise with or to mary to give and pay her  l for her marriageportion c the jury pray the advice of the court and the  judge of Lancaster be of opinion on this verdict that Roger have promise and  agree c and give judgement for the avowant and upon error bring by the  plaintiff he assign over as far as for error that the verdict as it be find be  do conclusive to the agreement in issue but only argumentative by circumstance  which do not make a perfect verdict and for this be cite beside the case of  the chancellor of oxon   Meriels case Littleton fol and therefore a new venire  fac ought to be award if the verdict have be direct find for the avowant yet  judgement ought not to be give for he for upon disclose of the whole matter  both in the plead and in the verdict it appear that Roger have not pursue his  power in this case and then no rend be grant to the say mary and therefore the  distress be not legal make for it be say that the intent of the power as to  the daughter marry in the father lifetime be to keep they under their father  government and the agreement ought to be by the father on treaty of marriage  with the husband or some of his friend and in this case the power enable he to  make a security to the husband for the portion agree and this be the common  sense of the word and construction ought to be make accord to it that the  agreement with the daughter without any communication of the marriage do not  answer and here be no provision for any daughter marry at the death of the  father on the other side it be say that this grant be make for a provision for  the daughter and the say grant affirm it to be accord to the say power which  be recite by the deed and therefore shall be intend for a marriageportion  otherwise it be not pursuant to the power accord to the express word of the  power but the effect and substance of the power be to enable Jones t the  father to make provision for his daughter whether it be for a marriageportion  or otherwise curian advisare vult Jones t er p