C A. P 
CAP 
303 
person has brought a praripe qttod reddut of 
a thing that touches a plea of land, and the 
tenant makes default at the day given to him 
in the original writ ; then this writ shall go 
for the king, to take the land into his hands : 
and if he comes not at the day given him, he 
loses his land, &c. 
Cape parvum, called petit-cape, is defined 
thus: When the tenant is summoned in plea 
of land, and cometh at the summons, and his 
appearance is recorded; an.l after he maketh 
default, at the day that is given to him, then 
this writ shall go for the king. 
Cape ad valenciam, is a species of cape 
magnum, where one being impleaded, and 
on a summons to warrant lands, a vouchee 
docs not come at the day; whereupon if the 
demandant recovers of the tenant, lie shall 
have this writ against the vouchee, and re- 
cover so much in value of his lands, in ease 
he has so much; and if not, there shall be an 
execution of such lands and tenements as 
shall after descend to him in fee; or if he 
purchases afterwards, there may be a re- 
gular summons, &c. against him. 
CAP ELLA, in astronomy, a bright fixed 
star in the left shoulder of the constellation 
Auriga. It is, in the Britannic catalogue, 
the fourteenth in order of that constellation. 
Its longitude is 17° 31' 4l // ; its latitude 22° 
51' 47". 
CAPER, see, C apparis. 
CAPLIAR, a duty which the Turks raise 
onMhe Christians who carry or send mer- 
chandizes from Aleppo to Jerusalem and 
other places in Syria; 
CAPI-AGA, or Capou-agassi, a Turkish 
officer, who is grand-master of the seraglio. 
CAPIAS, in law, is a writ of two sorts, 
one whereof is called capias ad responden- 
dum, before judgment ; where an original is 
sued out, &c. to take the defendant and 
make him answer the plaintiff: and the 
other a writ of execution, after judgment, 
being of divers kinds. 
Capias ad respondendum, is a writ com- 
manding the sheriff to take the body of the 
defendant, if he may be found in his baili- 
wic, or county, and him safely to keep, so 
that he may have him in court on the day of 
the return, to answer to the plaintiff of a plea 
of debt or trespass, or the like, as the case 
may be. And if the sheriff return that lie 
cannot be found, then there issues another writ, 
called an alias capias; and alter that ano- 
ther, called a pluries capias; and if upon 
none of these he can be found, then he may 
be proceeded against to outlawry. But all 
this being only to compel an appearance, 
after the defendant has appeared the effect 
of these writs is taken off, and the defendant 
shall be put to answer, unless in cases where 
special bail is required, and there the defend- 
ant is actually to be taken into custody. 
3 Blacks. 212. 
Capias ad satisfaciendum, is a writ direct- 
ed to the sheriff, commanding him to take 
the body of the defendant, and him safely to 
-keep, so that he may have his body in court 
at the return of the writ, to make the plain- 
tiff satisfaction for his demand: otherwise he 
is to remain in custody till he does. When 
a man is once taken in execution upon this 
writ, no other process can be sued out against 
his lands or goods. But if a. defendant dies 
whilst charged in execution upon this writ, 
the plaintiff may, after his death, sue out new 
CAP 
executions against his lands, goods, or chat- 
tels, 3 Blacks. 415. 
Capias utlegatum, is a writ that lies against 
a person that is outlawed in any action, 
whereby the sheriff is commanded to appre- 
hend the body of the party outlawed, and 
keep him in safe custody till the day of the 
return of the writ, and then present him to 
the court, there to be dealt with for his con- 
tempt. But this being only for want of ap- 
pearance, if he shall afterwards appear, the 
outlawry is most commonly reversed. 3 
Blacks. 28 4. 
Capias in withernam , is a writ directed 
to the sheriff, in case where a distress is car- 
ried out of the county, or concealed by the 
distrainer, so that the sheriff cannot make 
deliverance of the goods upon a replevin ; 
commanding him to take so many of the dis- 
trainer’s own goods, by way of reprisal, in- 
stead of the other that are so concealed. 
CAPILLARY tubes, in physics, little 
pipes, whose canals are extremely narrow, 
their diameter being only a half, third, or 
fourth of a line. See Attraction. 
Capillary vessels. See Anatomy. 
CAPISTRUM. See Surgery. 
CAPITAL, in architecture, the upper- 
most part of a column or pilaster, serving as 
the head or crowning, and placed immediate- 
ly over the shaft, and under the entablature. 
See Architecture. 
CAPITATION, a tax or imposition raised 
on each person in consideration of his labour, 
industry, office, rank, &c. commonly called 
a poll-tax. 
CAPITULATION, in the German polity, 
a contract which the. emperor makes with the 
electors in the name of all the princes and 
states of the empire, before he is declared 
emperor, and which he ratifies before he is 
raised to that sovereign dignity. The prin- 
cipal points which the emperor undertakes to 
observe, are, 1. To defend the church arid 
the .empire. 2. To observe the fundamen- 
tal laws of the empire. 3. To maintain and 
preserve the rights, privileges, and immuni- 
ties, of the electors, princes, and other states 
of the empire, specified in the capitulation. 
These articles and capitulations are present- 
ed to the emperor by the electors only, with- 
out the concurrence of the other states, who 
have complained from time to time of such 
proceedings: and in the time of the West- 
phalian treaty, in 1648, it was proposed to 
deliberate in the following diet upon a way 
of making a perpetual capitulation ; hut the 
electors have always found means of eluding 
the execution of this article. In order, 
however, to give some satisfaction to their 
adversaries, they have inserted in the capi- 
tulations of the emperors, and in that of Fran- 
cis I. in particular, a promise to use ail 
their influence to bring the affair of a per- 
petual capitulation to a conclusion. Some 
German authors own that this capitulation 
limits the emperor’s power; but maintain, 
that it does not weaken his sovereignty : 
though the most part maintain, that he is not 
absolute, because he receives the empire un- 
der conditions which sets bounds to an abso- 
lute authority. 
CAROC, a sort of cotton as soft as silk, 
so line and so short that it cannot be spun. 
It is used in the East Indies, as well as in Eu- 
rope, to line palanquins, to make bt_cs, mat- 
tresses, cushions, pillows, & c. 
CAPONIERE, or Caponniere, a work 
sunk on the glacis of a place, about four or 
five feet deep. The earth that conies out ot 
it serves to form a parapet of two or three 
feet high, made with loop-holes or small em- 
brasures: it is covered overhead with strong 
planks, on which are laid clays or hurdles, 
which support the earth that covers all. It 
holds 15 or 20 men, who fire through these 
embrasures. They are also sometimes made 
in the bottom of a dry moat. 
CAPPAD1NE, a sort of silk flock, taken 
from the upper part of the silkworm-cod, 
after the true silk lias been wound oil. 
CAPPARIS, a genus of the monogynia 
order, in the polyandria class of plants, and 
in the natural method ranking under the 25th 
order, putamineax The calyx is tetraphyl- 
lous and coriaceous; the petals are four, the' 
stamina are long; the fruit is a berry, car- 
nous, unilocular, .and pedunculated, or fur- 
nished with a footstalk. There are 25 spe- 
cies, of which the principal is, 
Capparis spinosa, or common caper, a low 
shrub, generally growing out of the joints of 
old walls or fissures of rocks in the warm 
parts of Europe. This plant is with great 
difficulty preserved in England. The pickle 
made from its berry is well known. 
CAPRA, the goat-kind, in zoology,, 
constitutes a genus of quadrupeds, of the 
order of pecora. The generic character is, 
horns hollow, turning upwards and back- 
wards, compressed, rough, almost close at 
their base. Front-teeth in the lower jaw 
eight. Canine-teeth, or tusks, none. Chin 
bearded in the male. There are nine spe- 
cies and varieties : 
1. Capra Ibex. This, which is the com- 
mon Ibex or Steinbock of authors, appears 
to have been sometimes confounded with the 
Caucasan Ibex, or next species, to which it 
is much allied. It is found in several parts, 
of Europe and Asia. It inhabits the Car- 
pathian and Pyrensean mountains, and various 
parts of the Alps, more particularly the 
Rhretian Alps, in the midst of snow and 
glaciers. Tn Asia it occurs on the summits 
of the chain of mountains extended from 
Taurus, and continued between eastern Tar- 
tarv and Siberia. It also inhabits the tract 
beyond the Lena, and in all probability may 
he a native of Kamtschatka. In Arabia, it 
inhabits the province of Hedsjaes, and is 
there known by the name of Baeden. Lastly, 
it is found in the high mountains of the island 
of Crete, where the Caucasan ibex has also 
been discovered. 
It is an animal of great strength and agility, 
and is considerably larger than a common 
domestic goat. Its colour is a deep hoary 
or greyish brown ; much paler or whitish, 
beneath, and on the insides of the limbs ; 
the body is of a thick, strong form ; the head 
rather small, the eyes large, and the horns ex- 
tremely large and long, so as sometimes to 
measure three feet in length, and to extend 
the whole length of the body. 
In its general habits or manners the ibex 
resembles the common goat ; but possesses 
every attribute of strength and activity in a 
degree proportioned to its natural state of 
wildriess. It is even said, that, when hard- 
pressed, this animal will fling itself down a 
steep precipice, and falling on its- horns 
escape unhurt from its pursuers ; nor will, 
this appear in the least incredible, if we may 
rely on the faith of Monardes, who assures 
us that he saw a Caucasan ibex leap from 
