Cape (writ)

Cape (writ)

In old British law, a cape was a judicial writ concerning a plea of lands and tenements; so called, as most writs are, from the word which carried the chief intention of the writ.

The writ was divided into "cape magnum", or the "grand cape", and "cape parvum", or the "petit cape". While they were alike in their effect, as to taking hold of immovable things, they differed in the following circumstances: first, in that the "cape magnum" lay before, and the "cape parvum" after; second, "cape magnum" summoned the defendant to answer to the default, in addition to answering to the plaintiff, while "cape parvum" only summoned the defendant to answer to the default. It might have been called "petit cape", not because of small force, but because it was contained in few words.

"Cape magnum" was defined in the "Old Natura Brevium" as follows:

:"Where a Man hath brought a "Precipe quod reddet" of a Thing that touches Plea of Land, and the Tenant makes default at the Day to him given in the original Writ; then this Writ shall be for the King to take the Land into his Hands : and if the Tenant come not at the Day given him by the Writ, he loses his land."

"Cape parvum" was defined was thus definied, Ibid.

:"Where the Tenant is summon'd in Plea of Land, and comes at the Summons, and his Appearance is recorded; and at the Day given him, prays the View; and having it granted, makes default : then shall this Writ issue for the King", etc.

"Cape ad valentiam", a species of "cape magnum" so called from the end to which it tends, was thus described,

:"Where I am impleaded of Lands, and I vouch to warrant another, against whom the Summons "ad Warrantandum" hath been awarded, and the Sheriff comes not at the Day given; then, if the Defendant recover against me, I shall have a Writ against the Vouchee; and shall recover so much in value of the Lands of the Vouchee, if he has so much : otherwise, I shall have Execution of such Lands and Tenements as descend to him in Fee; or, if he purchase afterwards, I shall have a Re-summons against him : And if he can say nothing, I shall recover the Value."


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  • cape — /keyp(iy)/ In English practice, a judicial writ, now abolished, touching a plea of lands or tenements. It was divided into cape magnum, or the grand cape, which lay before appearance to summon the tenant to answer the default, and also over to… …   Black's law dictionary

  • cape — /keyp(iy)/ In English practice, a judicial writ, now abolished, touching a plea of lands or tenements. It was divided into cape magnum, or the grand cape, which lay before appearance to summon the tenant to answer the default, and also over to… …   Black's law dictionary

  • cape — A judicial writ to recover land on the tenant s default …   Ballentine's law dictionary

  • cape magnum — A judicial writ which lay to recover the possession of land when the tenant defaulted in a real action …   Ballentine's law dictionary

  • cape parvum — A judicial writ to recover the possession of the land in a real action in which the defendant had appeared …   Ballentine's law dictionary

  • grand cape — ˈkā(ˌ)pē, ˈkä(ˌ)pā noun Etymology: Anglo French graunt cape (part translation of Medieval Latin cape magnum), from graunt, grand large + cape any of several writs including the grand cape and the petit cape, from Medieval Latin, from Latin cape… …   Useful english dictionary

  • petit cape — ˈped.]ē, ˈpet], ]iˈkā(ˌ)pē, ˈkä(ˌ)pā noun Etymology: Anglo French (part translation of Medieval Latin cape parvum), from petit small + cape any of several writs including the grand cape and the petit cape more at grand cape : a writ formerly used …   Useful english dictionary

  • magnum cape — Grand cape,–a judicial writ which lay to recover the possession of land when the tenant defaulted in a real action …   Ballentine's law dictionary

  • petit cape — /petiy keyp(iy)/ A judicial writ, issued in the old actions for the recovery of land, requiring the sheriff to take possession of the estate, where the tenant, after having appeared in answer to the summons, made default in a subsequent stage of… …   Black's law dictionary

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