Legal Definitions - cape

In historical legal contexts, a cape was a type of formal written order, or "writ," issued by a court. Its primary purpose was to initiate or advance legal proceedings aimed at recovering possession of land or tenements (property rights).

There were two main forms of this writ, distinguished by the stage of the legal process:

• Cape Magnum (also known as "grand cape")

  This writ was issued at an early stage of a land dispute, specifically before the tenant (the person occupying the land) had made their initial appearance in court. It served a dual purpose: to grant the claimant immediate possession of the disputed land and to compel the tenant to appear in court to answer for both their failure to appear initially and the original claim regarding the land itself.

  • Example 1: A medieval lord, Baron von Richter, initiated a lawsuit to reclaim a valuable pasture from a tenant farmer, Elara, who had stopped paying her agreed-upon dues. Elara ignored the initial summons to court, failing to acknowledge the legal proceedings. Baron von Richter would then petition the court for a cape magnum. This writ would allow the Baron to take possession of the pasture immediately due to Elara's non-appearance and would also force Elara to come to court to explain both her absence and why she believed she had a right to the land.

    Explanation: This illustrates a cape magnum because the writ is sought before the tenant (Elara) has appeared in court, and it aims to grant possession to the claimant (Baron von Richter) while compelling the tenant to answer for both her default and the land claim.

• Cape Parvum (also known as "petit cape")

  In contrast, this writ was issued after the tenant had already made an appearance in court in a land recovery action. If, after their initial appearance, the tenant subsequently failed to comply with a court order or defaulted on a procedural requirement (such as failing to attend a later hearing or submit required documents), a cape parvum could be issued. This writ would summon the tenant to answer specifically for their default in following court procedures, rather than for the original claim to the land itself, which had already been acknowledged by their initial appearance.

  • Example 2: Lady Beatrice was engaged in a legal battle with her neighbor, Sir Alistair, over the rightful ownership of a small woodland bordering their estates. Sir Alistair initially appeared in court and acknowledged the lawsuit. However, he later failed to provide crucial historical documents related to the woodland's ownership, despite a direct court order to do so. Lady Beatrice's legal counsel could then request a cape parvum. This writ would compel Sir Alistair to return to court to explain his failure to comply with the court's order, potentially leading to a judgment against him regarding the woodland.

    Explanation: This demonstrates a cape parvum because the writ is issued after Sir Alistair has already appeared in court, and it addresses his subsequent default in following a court order, not his initial claim to the land.

  • Example 3: During a dispute over a family estate, a distant cousin, Mr. Finch, was occupying a manor house. The rightful heir, Ms. Evelyn, initiated a lawsuit to reclaim the property. Mr. Finch appeared in court for the initial proceedings but then repeatedly missed scheduled depositions and failed to respond to interrogatories (written questions) from Ms. Evelyn's lawyers. The court could issue a cape parvum to compel Mr. Finch to explain his procedural defaults, which could result in sanctions or a default judgment in favor of Ms. Evelyn for the manor house.

    Explanation: This example also illustrates a cape parvum, as Mr. Finch had already appeared in court, and the writ is issued to address his subsequent failure to comply with court-ordered procedures during the ongoing legal action.