Legal Definitions - grand cape

In historical English common law, a grand cape (also known as a cape magnum) was a specific type of judicial writ issued in real property actions. It was a more serious form of attachment, typically issued when a defendant had already failed to appear in court after being served with an initial, less severe writ (known as a petit cape or cape parvam).

The grand cape commanded the sheriff to formally seize the disputed land into the court's temporary possession and to summon the defendant to appear in court on a specified date. It served as a strong warning to the defendant that their continued non-compliance would likely result in a judgment by default, meaning the court would rule on the property dispute in their absence.

Here are some examples illustrating the application of a grand cape:

• Example 1: Boundary Dispute and Absent Landowner
  Imagine two landowners, Mr. Peterson and Ms. Rodriguez, are in a legal dispute over the exact boundary of their properties, involving a small but valuable strip of land. Mr. Peterson initiates a lawsuit. Ms. Rodriguez is properly served with the initial legal summons and a petit cape, requiring her to appear in court to defend her claim. However, Ms. Rodriguez, perhaps due to travel or neglect, fails to appear on the designated court date.

  In this scenario, because Ms. Rodriguez defaulted after the petit cape, the court would then issue a grand cape. This writ would instruct the local sheriff to formally take temporary possession of the disputed strip of land on behalf of the court and to issue a final, stern summons for Ms. Rodriguez to appear. This action signals the court's serious intent to proceed with the case and potentially rule in Mr. Peterson's favor if Ms. Rodriguez continues to ignore the proceedings.

• Example 2: Inheritance Claim for an Estate
  Consider a historical case where a distant relative, Mr. Davies, claims ownership of a large ancestral estate after the death of the previous owner. However, another potential heir, Ms. Chen, is believed to have a stronger legal claim to the property. Ms. Chen lives abroad and is difficult to contact. After initial attempts to notify her of the lawsuit (including a petit cape served through appropriate international channels) fail to elicit any response or appearance in court, Mr. Davies's lawyers request further action from the court.

  To compel Ms. Chen's appearance and protect the estate, the court might issue a grand cape. This writ would authorize the sheriff to formally seize the ancestral estate, placing it under the court's temporary control. It would also serve as a final, powerful summons for Ms. Chen to appear and defend her claim, indicating that the court is prepared to make a final ruling on the property's ownership in her absence if she continues to default.

• Example 3: Default on a Feudal Obligation (Historical)
  In a medieval context, a tenant, Sir John, holds land from a lord, Baron Fitzwilliam, under certain feudal obligations. Sir John fails to perform a required service or payment, and Baron Fitzwilliam initiates a legal action in the lord's court to reclaim the land. Sir John is served with a petit cape to appear and answer the claim, but he deliberately ignores it, believing the lord cannot enforce his will.

  Since Sir John failed to appear after the petit cape, the court would then issue a grand cape. This writ would direct the lord's bailiff (acting as the sheriff) to formally seize Sir John's land on behalf of the court and to summon him once more. This action would signify the court's serious intent to proceed with reclaiming the land, potentially leading to a default judgment allowing Baron Fitzwilliam to take permanent possession if Sir John continued to defy the court's orders.