Grand Cape

In English law. A writ judicial which lieth when a man has brought a praecipe quod reddat, of a thing that original, then this writ shall go for the king, to take the land into the king's hands, and, if he comes not at the day given him by the grand cape, he has lost his lands. Old Nat. Brev. fols. 161, 162; Reg. Jud. fol. 2b; Bracton, lib. 5, tr. 3, c. 1, Nos. 4, 5, 6. So called because its Latin form began with the word cape, "take thou," and because it had more words than the petit cape, or because petit cape summons to answer for default only. Petit cape issues after appearance to the original writ, grand cape before.

In English Law. A writ Judicial which lieth when a man has brought default on the day given him In the writ original, then this writ shall go for the king, to take the land Into the king’s hands, and if he comes not at the day given him by the grand cape, he has lost his lauds.. Old N. B. fol. 101, 162; Regist. Judic. fol. 2 6; Brae, lib, 5, tr. 3, cap. 1, nu. 4, 5, 6. So called because its Latin form began with the word cape, “take thou,” and because it had more words than the petit cape, or because petit\ cape summons to answer for default only. Petit cape issues after appearance to the original writ, grand magnum cape before. These writs have long been abolished. In Glanvill’s day three successive summons preceded the cape. See 2 Poll. & Maitl. 590.

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. l65, 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.

Defined under Cape in Black's Law Dictionary.

In practice. 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. osc. Real Act. 165, et seq. It was culled 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 efter appearance.

In practice. 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. Roscoe*s Reai 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. Id. ibid. See Cape,