CAPE

In English practice. A judicial writ touching a plea of lands or tenements, divided into cape magnum, or the grand cape, which lay before appearance to summon the tenant to answer the default, and also over to the demandant; the cape ad va lentiam was a species of grand cape, and cape parvwn, or petit cape, after appearance or view granted, summoning the tenant to answer the default only. Termes de la Ley; 3 Steph. Comm. 606, note. Cape ad valentiam. A species of cape magnum. Grand cape. A judicial writ in the old real actions, which issued for the demandant where the tenant, after being duly summoned, neglected to appear on the return of the writ, or to cast an essoin, or, in case of an essoin being cast, neglected to appear on the adjournment day of the essoin; its object being to compel an appearance. Rose. Real Act. 165, et seq. It was called a “cape,” from the word with which it commenced, and a “grand cape” (or cape magnum) to distinguish it from the petit cape, which lay after appearance.