case reynolds against the lady tenham guardianship of a infant be not  assignable to another S c Eq Abr this be a petition prefer to the Lord  chancellor by Mr Reynolds the grandfather of a infant of the age of seven year  to have he take out of the custody of his mother the defendant be a papist and  to be deliver to sergeant bane and another name by the petitioner that he may  be educate in the protestant religion it appear by several affidavit ready to  be produce that this infant be entitle to seventeen hundred pound ayear as  tenant in tail in remainder after the determination of the estate for life of  his say grandfather it be insist for the petitioner that it may be of very ill  consequence that the education of this child shall be leave with a papist who  may instil the principle of that religion in a infant that the father of this  infant say on his deathbed that be expect his father the petitioner will take  care to educate this child in the protestant religion and not leave the  education of it to his wife who be a papist but be be now dead and the  grandfather the petitioner very old and for that reason unable to take the  guardianship on he he desire that two of his friend in who he repose a entire  confidence and to who he assign the guardianship may have the education of  this infant modern report thereupon the court inquire whether those person be  Willing to take this charge upon themselves and one of they videlicet sergeant  bane be present say that he have receive several favour from Mr Reynolds the  petitioner and therefore be Willing to serve he in anything with which he  shall be entrust and that if the court think it proper he will take this  charge upon himself but the defendant the lady tenham do by her counsel oppose  the make any order upon this petition for that it appear by the oath of the  earl of Litchfield then in court who be the godfather of this infant and by  the oath of several other person that this lady have so great a regard to what  her husband in his lifetime desire as to the education of this child that she  direct he shall be baptise by a minister of the church of England and that he  be constant attend by such a minister ever since he have be capable of any  instruction and particular be bath be teach the church catechism beside the  petitioner deserve very little favour as to this matter because he have  seventeen hundred pound ayear as aforesaid be so hard to his own son the  father of this infant that be allow he no more than forty pound ayear for his  maintenance and will never see he since his marriage with the defendant and  have never see this infant his grandchild or desire modern report er p to see  it therefore it will be very hard to take a child from a mother at the  instance of a grandfather who be so very unkind to his own son and to commit  it to the care of stranger for be do not desire the guardianship himself and  the rather because the mother be Willing to give any security the court shall  approve that this child shall be educate in the protestant religion and that  the earl of Litchfield will be one of her security or otherwise that this  child may be deliver to that noble lord or at least that he may be one of the  guardian and that she may have the liberty of see her own child and not be  deprive of that comfort which all other mother natural enjoy the court this  lady have be marry to two protestant and still continue a Roman Catholic and  probable it be to her honour so to do be convince she be in the right but  though her honour have get so far the better of her principle as to educate  this child a protestant accord to the desire of her husband yet it be to be  fear that she will always have such person about her as may instil the  principle of another modern report religion in his mind and make a wrong  impression on his tender year beside if this be not to be fear it may be more  advantageous for the child to be under the care of some other person and not  of his mother who by her indulgence and fondness may do it a injury therefore  it be order that the child shall be deliver to those person who the  grandfather the petitioner have appoint to be guardian but so as the mother  may see he at any time but this decree be reverse in the house of lord upon  the appeal of the lady tenham and there resolve that these word of her husband  on his deathbed that he expect his father the petitioner will take care to see  this child educate in the protestant religion be a good appointment to make  the grandfather guardian that the appointment of a guardian be a bare power  and trust and not assignable as it have be resolve in the case of bedle v  constable a Vaugh a and about three year since in the duke of beauforts case b  Peer wms b who father have appoint the duke of Ormond guardian but he be  attaint of high treason and so make uncapable another guardian be appoint by  Act of parliament it be not to be do by any other power therefore the  petitioner the grandfather be order to take the guardianship upon himself in  person for that he can not assign his power to another and this be agreeable  to another decree make in the house of lord in the case of foster v denyon a  Chan Rep see also roach v Garvan vezey and Mr Fontblanques equity Vol hark    light notorious facts a