cape magnum (kay-pee mag-n[schwa]m). [Latin “grand” cape] A writ granting possession of land before a tenant’s appearance in the action.
— Also termed magnum cape; grand cape.
cape parvum (kay-pee pahr-v[schwa]m). [Latin “little” cape] A writ for the recovery of land issuing after the appearance of the tenant in the action.
— Also termed petit cape.
“Cape is a writ judiciall touching plee of land or tenements, so tearmed (as most writs be) of that word in itselfe, which carieth the especiallest intention or end thereof. And this writ is divided in (Cape magnum, & Cape parvum:) both which … take hold of things immoveable, and seeme to differ betweene themselves in these points. First, because (cape magnum) or the (grand Cape) lyeth before appearance, and (Cape parvum) afterward. Secondly, the (Cape magnum) summoneth the tenent to aunswer to the default, and over to the demaundant: (Cape parvum) summoneth the tenent to aunswer to the default onely: and therefore is called (Cape parvum) or in French English (petit Cape.)” John Cowell, The Interpreter (1607).
