coke MENVILS case hill Elizabeth in the chancery n seize of certain land in  fee marry and levy a fine with proclamation and afterward be indict and outlaw  of high treason and die the conusees convey the land to the queen who continue  seize of they five year pass after the death of n and the attainder be reverse  b writ of error the wife sue to the queen by petition contain this special  matter and upon the petition be send into chancery it be resolve that the wife  shall be endow for the cause of action and right of dower first accrue to the  wife after the reversal of the attainder by construction of law a thing shall  relate ab beginning to some intent and to some intent not after judgement  reverse upon error he who recover the land by force of such judgement shall  have a action against all trespasser in the interim but the plaintiff in the  writ of error after the reversal shall not have a action of trespass for a  trespass mesne where as in the principal case the title of dower stand with  the queen title and affirm it the demandant on the petition need not have a  office find for her otherwise if the title of the demandant in the petition  disaffirms the queen title to confer a title of dower it be not necessary that  marriage seize and age shall concur together all at one time it be sufficient  if they happen during the coverture SC more say Inst SC cit send for per coke  Bartholomew v Belfield Bulstr       saint h c saint h c saint e I de modus to  lift up   part Inst c hawk p c c S Hilary term the Elizabeth n the chancery  the case be thus one Ninian Menvil coke report er p seize of certain land in  fee take a wife and levy a fine of the say land with proclamation and  afterward be indict and outlaw of high treason and die the conusees convey the  land to the queen who be now seize the five year pass after the death of the  husband the daughter and heir of the say Ninian in a writ of error in the king  bench reverse the say attainder mich Elizabeth last pass and thereupon the  wife sue to the queen who be seize of the say land as aforesaid by petition  contain all the special matter sure the fine with proclamation and the five  year pass after the death of her husband the attainder and the reversal of it  and her own title sure her marriage and the seize of her husband before the  fine and the petition be endorse by the queen fiat law increase party c the  same be send into the chancery as the manner be and in this case diverse  objection be make against the demandant that the say fine with proclamation  shall bar the wife of her dower and the attainder of her husband shall not  help her for as long as the attainder do remain in force the same be also a  bar of her dower so as there be a double bar to the wife videlicet the fine  levy with proclamation and the five year pass after the death of her husband  and the attainder of her husband of his treason but admit that the attainder  of the husband shall avail the wife in some manner when the same be now  reverse in a writ of error and now upon the matter be in judgement of law as  if no attainder have be and against that a man may plead that there be no such  record because that the first record be reverse and utter disaffirmed and  annihilate and now by relation make no record ab beginning and therewith agree  the book of Henry for the word of the judgement in a writ of error be quod  judgment predict et erroresprdiet et elsewhere in think over c to call again  et adnulle c etquod self ad possession svan sive seisinam svan as the case  require property coke of oneself give notice of or fix a day One cum exit et  prficuis ind a tempore judgment prxdict return percept et ad in all respects  queen occasion judgment that amisil to set up again by which it appear that  the first judgement which be original imperfect and erroneous be for the same  error now annul and revoke ab beginning and the party against who the  judgement be give restore to his possession and to all the mesne profit from  the time of the erroneous judgement give until the judgement in the writ of  error so as the reversal have a retrospect to the first judgement as if no  judgement have be give and therefore in Henry b the case be a seize of land in  fee be attaint of high treason and the king grant the land to b and afterward  a commit trespass upon the land and afterward by parliament a be restore and  the attainder make void as if no Act have be and shall be as available and  ample to a as if no attainder have be and afterward b bring trespass for the  trespass mesne and it be adjudge in Henry fol b that the action of trespass be  not maintainable because that the attainder be disaffirmed and annul ab  beginning and in Henry it be hold that after a judgement reverse in a writ of  error he who recover the land by erroneous judgement shall not have a action  of trespass for a trespass mesne which be say be all one with the principal  case in h and diverse other case be put upon the same ground it be second  object that the wife can not have a petition because there be not any office  by which her title of dower be find sure her marriage the seize of her husband  and death for it be say that although she be marry yet if her husband be not  seize after the age that she be dowable she shall not have dower as if a man  seize of land in fee take to wife a woman of eight year and afterward before  her age of nine year the husband alien the land in fee and afterward the woman  attain to the age of nine year and the husband die it be say that the woman  shall not be endow and that the title of he who sue by petition ought to be  find by office appear by the book in h ass ass e Bre h c as to the first  objection it be resolve that the wife shall be endow and that the fine with  proclamation be not a bar unto her and yet it be resolve that the Act of h c  shall bar a woman of her dower by a fine levy by her husband with proclamation  if the woman do not bring her writ of dower within five year after the death  of her husband as it be adjudge hill Henry rot in the common plea and  Elizabeth dyer for by the Act the right and title of a feme coke report er p  covert be save so that she take her action within five year after she become  un covert c but it be resolve that the wife be not to be aid by that save for  in respect of the say attainder of her husband of treason she have not any  right of dower at the time of the death of her husband nor can she after the  death of her husband bring a action or prosecute a action to recover her dower  accord to the direction and save of the say Act but it be resolve that the  wife be to be aid by another former save in the same Act videlicet and save to  all other person sure who be not party to the fine such action right title  claim and interest in or to the say land c as shall first grow remain descend  or come to they after the say fine ingross and proclamation make coke by force  of any gift in tail or by any other cause or matter have and make before the  say fine levy so that they take their action and pursue their right and title  accord to the law within five year next after such action right claim title or  interest to they accrue descend fall or come c and in this case the action and  right of dower accrue to the wife after the reversal of the attainder by  reason of a title of record before the fine by reason of the seize in fee have  and the marriage make before the fine levy accord to the intention and meaning  of the say Act and as to the say point of relation it be resolve that sometime  by construction of law a thing shall relate ab beginning to some intent and to  some intent not for reference to standard estfictiojuris to do a thing which  be and have essence to be annul ab beginning betwixt the same party to advance  a right or ut res to greater extent valeatqUam to pass away but the law will  never make such a construction to advance a wrong which the law abhor or to  defeat collateral act which be lawful and principal if they do concern  stranger and this appear in this case sure when a erroneous judgement be  reverse by a writ of error for true it be as it have be say that as to the  mesne profit the same shall have relation by construction of law until the  time of the first judgement give and that be to favour justice and to advance  the right of he who have wrong by the erroneous judgement but if a stranger  have do a trespass upon the land in the mean time he who recover after the  reversal shall have a action of trespass against the trespasser and if the  defendant plead that there be no such record the plaintiff shall show the  special matter and shall maintain his action so as unto the trespasser who be  wrongdoers the law shall not make any construction by way of relation ab  beginning to excuse they for then the law by a fiction and construction shall  do wrong to he who recover by the first judgement and for the better apprehend  the law on this point it be to know that when any man recover any possession  or seize of land in any action by erroneous judgement and afterward the  judgement be reverse as be say before and upon that the plaintiff in the writ  of error shall have a writ of restitution and that writ recite the first  recovery and the reversal of it in the writ of error be that the plaintiff in  the writ of error shall be restore to his possession and seize One cum  exilibus thereof from the time of the judgement c flute prcipimus quod the  same a ad plenariam seisinam property predict cum appurtenance without  dilation restilui facias etper sacrament estimable et of man de come No  carefully to seek after ad quantum exilusetp?qficua property that cum  appurtenance a tempore falsehood judgment predict return usque ad OdSancl mich  year c quo die judgment mock per prfat justiciar our men call back to be see  moisten juxta yes v alorem the same eaden exitusetprficua de terris et  catallis predict b in bailiff tua become facias et denarius ind prfato a pro  exit et prficuis property per the same b speech medio tem over pierce pt  without dilation to have facias et as hoc prceptum your fuelit execute to  agree facias c in octab c by which it appear that the plaintiff in the writ of  error shall have restitution against he who recover of all the mesne profit  without any regard by who take for the plaintiff in the writ of error can have  any remedy against any stranger but only against he who be party to the writ  of error and therefore the word of the say writ coke command the sheriff to  inquire of the issue and profit general between the reversal and the judgement  with all which he who recover shall be charge and as the law charge he with  all the mesne profit so the law give to he remedy notwithstanding the reversal  against all trespasser in the interim for otherwise the law shall make a  construction by relation to discharge they who be wrongdoers and to charge he  who recover with the whole who peradventure have good right and who enter by  the judgement coke report er p of the law which peradventure be reverse for  want of form or negligence or ignorance of a clerk and therefore as to that  purpose the judgement shall not be reverse ab beginning by a fiction of law  but as the truth be the same stand in force until it be reverse and therefore  the plaintiff in the writ of error after the reversal shall not have a action  of trespass for a trespass mesne because he shall recover all the mesne profit  against he who recover nor he that recover shall be after bar of his action of  trespass for a trespass mesne by reason that his recovery be reverse because  he shall answer for all the mesne profit to the plaintiff in the writ of error  and therewith agree Brian chief justice Henry a note reader if you will  understand the true sense and judgement of the law it be needful for you to  know the true entry of judgement and the entry of all proceed in law and the  manner and the matter of writ of execution of such judgement see butler and  baker case in the three part of my report good matter concern relation so as  it be resolve in the case at bar although that to some intent the reversal  have relation yet to bar the wife of her dower by fiction of law by the fine  with proclamation and five year pass after the death of her husband when in  truth she have not cause of action nor any right or title so long as the  attainder stand in force shall be to do wrong by a fiction of law and to bar  the wife who be a mere stranger and who have not any mean to have any relief  until the attainder be reverse and as unto the other point or objection that  the demandant on the petition ought to have a office find for her it be  resolve that it need not in this case because that the title of dower stand  with the queen title and affirm it otherwise if the title of the demandant in  the petition have disaffirmed the queen title also in this case the queen be  not entitle by any office that the wife shall be drive to traverse it c for  then she ought to have have a office to find her title but in case of dower  although that office have be find for the queen which do not disaffirm the  title in dower in such case the wife shall have her petition without office  because that dower be favour in law she claim but only for term of life and  affirm the title of the queen see the saddler case in the four part of my  report and the case which be put on the other side be utter deny by the court  for it be resolve that if a man seize of land in fee take a wife of eight year  of age and alien his land and afterward the wife attain to the age of nine  year and afterward the husband die that the wife shall be endow for although  at the time of the alienation the wife be not dowable yet forasmuch as the  marriage and seize in fee be before the alienation and the title of dower be  not consummate until the death of her husband so as now there be marriage  seize of fee age of nine year during coke the coverture and the death of the  husband for that cause she shall be endow for it be not requisite that the  marriage seize and age concur together all at one time but it be sufficient if  they happen during the coverture so if a man seize of land in fee take a wife  and afterward she elope from her husband now she be bar of her dower yet if  during the elopement the husband alien and after the wife be reconcile the  wife shall be endow so if a man have issue by his wife and the issue die and  afterward land descend to the wife or the wife purchase land in fee and die  without any other issue the husband for the issue which he have before the  descent or purchase shall be tenant by the courtesy for it be sufficient if he  have issue and that the wife be seize during the coverture although that it be  at several time but if a man take a alien to wife and afterward he alien his  land and afterward she be make a denizen she shall not be endow for she be  absolute disable b the law and by her birth not capable of dower but her  capacity and ability begin only by her denization but in the other case there  be not any incapacity or disability in the person but only a temporary bar  until such age or reconcilement which be accomplish the temporary bar cease as  if a man seize of land in fee take a wife and afterward the wife be attaint of  felony and afterward the husband alien and afterward the wife be pardon and  afterward the husband die the wife shall be endow for by her birth she be not  uncapable but be lawful by her marriage and seize in fee entitle to have dower  and therefore when the impediment be remove she shall be endow coke report er  p