case lady gerard against lord gerard see the Lucas peerage case speech of  counsel and print case the chief seat or capital mansionhouse of a particular  family although it have be in their possession beyond the time of legal memory  be not convert into caput baron by the possessor be create a lord and  therefore the wife of a baronet though create a peer still shall have dower of  such chief seat or capital mansionhouse SC lev SC salk SC holt SC ld ray SC  ray Ent SC comb SC skin SC Mod SC lev Ent lady Gerard bring a writ of dower  and demand the three part of a capital message call Bromley hall the defendant  plead that time out of memory it have be call as well by the name of gerard  Bromley as Bromley hall of which sir Thomas Gerard knight be in the first year  of James the first seize in fee and be by the say king James create Lord  Gerard of gerard Bromley he be resident and commorant with his family in the  say capital message and the say message then become caput baron of oneself and  derive the title of the message and barony to himself by diverse descent and  demand judgement if she shall be endow of it and aver that he have assign to  her a three part of his other land c the demandant demurrer general the court  of common plea give judgement for the demandant and now a writ of error be  bring in the court of king bench counsel for the plaintiff in error with  submission this be a erroneous judgement modern the reason of the judgement in  the common plea be that now there be no such thing as caput baron but I hope  to prove there be at this day many capita baron and that they be exempt from  dower and this appear in the first institute   light a Bracton bract u b  Fitzherbert Fitzherbert Abr dower c the yearbook Henry rot d Britton Britton e  and Dugdale dugdale summons to parliament f of the capital message the wife  shall be endow si non sit caput comitatus sive baron and that this privilege  be personal appear in the institute   light Inst Q and in Selden seldom title  Hon h the ancient way of creation of baron be alter the king seIdom create a  baron and give manor c ad sustentand nomen et onus videlicet to give he land  to bold of he in chief but grant a annuity it be object that where a woman be  once entitle to dower the king can deprive her of it yet he may do it oblique  by this mean of make a barony so the king can exempt a man from arrest or be  on jury yet he may create a man a nobleman and then he shall be exempt from  all arrest and from serve on jury another objection be that she shall have a  equivalent but indeed that I take to be absurd for either she have a right or  not if she have a right then there needs no equivalent as for the recompense  she have in lieu of this dower she have the honour of be a countess and there  be many woman in England will be content to lose a great part of their dower  to be make countess but second I take this judgement to be ill because of the  double amerciament that be lie on my Lord Gerard and for this I rely on  Specots case   a that one shall not be twice amerce in one action against one  and the same tenant where the defendant plead several issue and be find  against he and pray that judgement may be reverse modern er p wright sergeant  e contra by these plead it be not show how this house be make caput baron so  that your lordship may judge it to be so it be show that sir Thomas Gerard be  make a baron but it be not say there be any barony make and that there may be  a baron without a barony appear in great Charta mag Char cap Inst b where it  be say the heir of a baron shall pay no relief unless he have a barony the  legal constitution of a barony be when the king create certain land to be a  modern barony and they be general castle fit for the defence of the realm it  be very strange that because sir Thomas Gerard be make a baron that therefore  big house must be a barony and that big wife must be deprive of her three part  of it to which she have once a good title coke say Ch dower c the wife shall  be endow of all message and this be one as for the indecency that the wife may  convert her three part to a inn or introduce inmate c the same may be say of a  commoner but be never any objection as for the authority of my Lord coke in  big first institute it be not big own opinion but only cite as the opinion of  those ancient author it be say in the comment on great Charta that the wife  shall have her quarantine in the chief seat of her husband nisi sit castrum or  caput baron so that they be the same for their chief seat be frequent castle  and in such case she shall not have be endow but where she shall have her  quarantine there she shall be endow that be a rule as for the double  amerciament it be true a man shall not be twice amerce for the same thing but  here the demand be of two several thing first of the hundred and rend upon  which judgement be present give second for the house and upon this my Lord  Gerard have special plead and we have judgement on the demurrer to that  special plea I pray judgement may be affirm holt chief justice what be the  barony it be not because it be the chief house barony be ancient out of place  a barony be when the king give land or rend to the person he design to make a  baron and those he be to bold per baron and in such case something may be say  to exclude a woman from dower for there be castle also general grant to do  service to the king but indeed since the time of Richard the second that baron  have be create by patent there have be few barony make then how can this house  be make a barony that be always in the family of the gerards and here it be no  castle neither Rokeby justice when a barony be ancient grant there be a castle  with a territory also grant suppose there be a barony of Stafford and all the  house in the town of Stafford belong before to the new baron which house shall  be call caput baron modern holt chief justice as for the double amerciament  there may be several amerciament for several offence the reason of the  amerciament be the delay and if the defendant come in at the first day it must  be enter of record or it signify nothing suppose there be a action bring on  two deed and non be factum be plead to one and a special plea to the other and  judgement be give for the plaintiff in both case why certain here shall be  several fine if they enter several judgement it be true if they enter but one  judgement there shall be but one capiaturSee car c S and Ann c S a so it be of  action of assault and battery against two where the one justify and the other  confess the action the judgement be affirm