coke b the lord DARCYS case hill James in the common plea the guardian in  chivalry shall have the single value of the heir without any tender of  marriage at commonlaw the full age of the female be fourteen year cro James SC  Inst   light a Thomas Lord darcy of Chichester bring a writ de valour  maritigii a by the stat car c tenure in knight service whether of the king or  of a common person together with all its oppressive fruit and consequence as  also that of socage in capite be whole take away and every such tenure convert  into free and common socage a against coke report a er p Stephen page brother  and heir of Brian page quare cum maritagium Self Stephani ad Self though owner  darcy to stretch out pro eastern quod predict Brianus earth svan de eastern to  hold per slavery military man idem though dominus darcy prfat stephan dumb to  be infra tatem in custodian svan agreeing with maritagium without  disparagatione juxta form to cause to stand de common council royal power  domini king England ind to will scepius obluterit idem Stephanus maritagium  mock renue prfat though lord darcy de maritagio his non be satisfied see in  land tenement that intrusit de maritagio his eiden though lord darcy to give  satisfaction to speak against c and count that the say Brian hold twentyfive  acre of land in Peldon in the county of Essex of the plaintiff as of his manor  of Newhall in Peldon aforesaid by knight service c and afterward the say Brian  die in his homage without issue the defendant be his brother and heir and of  the age of twenty year and six month and that the plaintiff tender to he be  then within age a competent marriage know mary mammock daughter of Anthony  mammock gentleman then of the age of eighteen year without disparagement and  that the defendant refuse the defendant deny the tender upon which the  plaintiff demurrer and this case have be many time argue at the bar and this  term be argue by the justice at the bench and upon open argument it be adjudge  for the plaintiff for the reason and cause report in a Cr James   b a Yelv  Inst more a palmer case in the five part of my report and so this question be  now in peace be adjudge by both court note reader the case of the heir b    light a a b female differ much from the case of the heir male because for the  heir female the guardian shall never have the forfeiture of marriage for at  common coke a law the full c   light b hob c age of the heir female be year as  it be resolve in h Litt lib f Stamf Prrog b f n b c and many other book so  that if she be of the age of year at the time of the death of her ancestor she  shall be out of ware and if she be within the age of year she shall have d    light a d livery by the commonlaw at the age of year for that make as to this  purpose her full age and at the commonlaw there be not in any case any e Inst    light b   a e forfeit of marriage but only the single value e action sur Le  stat but the forfeiture of the marriage be give by the stat of Merton c make h  the word of which stat be de Acerede autem cum sit fourteen to swim up well  ultra usque ad full cetat si see maritavi without freedom dom Himself c dom  swine tunc to hold land he ultra termin tatis sum sure to swim up per tant  time c which Act without question can f Cr James f extend to the heir female  for it extend only where such heir be to swim up well ultra and the heir  female at such age be out of ware also the stat speak ultra termin lie hidden  sum know to swim up and that be the full age of the heir male as to wardship  and not of the heir female and vide the stat of g Inst g west c where the  statute of Merton be recite and then it be provide as follow and of heir  female after they have accomplish the age of year quasi dicerit the statute of  Merton have provide for the heir male and because no provision be yet make for  heir female by the same Act it be provide that the lord shall h Cr James h not  have or keep by reason of marriage the land of such heir female above two year  after the age of year and if the lord within the two year do not marry they  then shall they have a action to recover their inheritance quiet without give  anything for the wardship or the marriage which two year be give by the say  statute for the benefit of the lord as appear by I   light a more nu Inst I h  Litt f and if within these two year the lord tender a marriage to the heir  female and she refuse and marry elsewhere within the two year yet the lord  shall coke report b er p not have the forfeiture of the marriage for the  statute give it only to make a tender and therewith agree the book in h guard  by the opinion of Prisot Markham Yelverton and Danby the second difference  between the heir male and the heir female be that at the commonlaw if the  guardian have not make tender to the heir female before year the lord can not  have hold the land of such heir as he may of the heir male nom pn till the  value be pay for the law do tender they speedy advancement because maturiora  are vow mulier how verdure and therefore the heir female may have enter into  her land immediate after the age of year for her better preferment in marriage  and therewith agree a   light a a Litt b express and h yet in such coke b case  the lord without any tender before year shall recover the single value for  that de mero jure to stretch out if the b   light a more nu nu Cr Elizabeth b  lord hold the land over year during the two year by force of the statute of  Westminster and within the two year make no tender but take the profit of her  land and so hinder her preferment in marriage by receive all the profit of her  land in that case as the statute say if he do not make within these two year  any tender then he shall lose by express provision the value of the marriage  and shall content himself with the profit by the two year for his value give  he in lieu thereof by the statute so that every guardian who hold the land in  such case ought to take heed that he make tender within the two year or else  he will lose the value but if he will wave the benefit of the two year or if  he can bold the say two year as guardian of the body of the heir female only  there he shall have the value of the marriage without any tender and to the  principal case coke chief justice add this reason c   b c that if the  commonlaw will have compel the lord to have make a tender to his ware to have  the single value the commonlaw will have give all necessary circumstance to  the performance and accomplishment thereof as to have appoint a certain place  c where the tender ought to be make and not leave the lord who be the superior  to seek the ware who be the inferior and who may if he will take advantage of  his own flight or subterfuge when no laches can be in the lord