aleway against roberts ante Thursday may in damage Br dower Siderf pl  judgement have in dower in c b and a writ of enquiry be bring then the tenant  bring a writ of error pendent Ceo the tenant die before damage ascertain and  now in to know facias Stroud for the plaintiff conceive the damage be not lose  the damage be no parcel of the judgement at commonlaw nor on stat of Merton in  dower unde nothing to have this be a remedial law and so liberal expound to  prevent the mischief at commonlaw videlicet the detainment of dower here be  delay only by act of God in two descent without any default of the plaintiff  also the purchase a writ of error be a act of the party and shall be intend  for delay when the judgement be affirm also by this statute tenant in dower of  copyhold shall have damage which the court deny unless there be special custom  Keble as   shaw against Thomson to have the dower Cr William case Yelvert the  executor shall have the recovery of damage which show the statute be not take  literal but per curian this be after recovery of damage by the tenant in dower  the enquiry of seize be to inform the court h and to it the defendant can have  no answer and the damage be include in the first judgement more Inst and the  writ of enquiry be only to ascertain they and so though the land be change by  shift descent or alienation yet be charge with the judgement it shall be  charge with the damage Keeling say there be no judgement but only a award for  damage and so not differ from the common case and more be nothing to this case  for if the death be not plead by the deforceor it can be take notice of  Windham ad idem the heir can be bind for that which never vest in the ancestor  also have the tenant die before judgement all have be go Keble er p against he  and be after as to the heir who be no party to the writ it can bind he without  particular judgement of damage which bind the land Twisden and hide for the  same reason accord judgement for the plaintiff nil to take in hand per breve