in farriery.** See there, § xxxvi. 4.

**CAPER,** in botany. See Capparis.

**CAPEROLANS,** a congregation of religious in Italy, so called from Peter Caperole their founder, in the 15th century.

The Milanese and Venetians being at war, the enmity occasioned thereby spread itself to the very cloisters. The superiors of the province of Milan, of minor brothers, which extended itself as far as the territories of the republic of Venice, carried it so haughtily over the Venetians, that those of the convent of Caperquin Brescia resolved to shake off a yoke which was grown insupportable to them. The superiors, informed of this, expelled out of the province those whom they considered as the authors of this design; the principal of whom were Peter Caperole, Mathew de Tharvillo, and Bonaventure of Brescia. Peter Caperole, a man of an enterprising genius, found means to separate the convents of Brescia, Bergamo, and Cremona, from the province of Milan, and subject them to the conventuals. This occasioned a law-suit between the vicar-general and these convents, which was determined in favour of the latter; and these convents, in 1475, by the authority of Pope Sixtus IV., were erected into a distinct vicariate, under the title of that of Brescia. This not satisfying the ambition of Caperole, he obtained, by the interposition of the Doge of Venice, that this vicariate might be erected into a congregation, which was called from him Caperolans. This congregation still subsists in Italy, and is composed of 24 convents, situated in Brescia, Bergamo, and Cremona.

**CAPERQUIN,** a town of Ireland, in the county of Waterford, and province of Munster, situated on the river Blackwater. W. Long. 7° 50'. N. Lat. 52° 5'.

**CAPESTAN,** a town of France, in Lower Languedoc, in the diocese of Narbonne, and near the royal canal. E. Long. 3° 5'. N. Lat. 43° 35'.

**CAPHAR,** a duty which the Turks raise on the Christians, who carry or send merchandizes from Aleppo to Jerusalem and other places in Syria.

This duty of caphar was first imposed by the Christians themselves, when they were in possession of the Holy Land, for the maintenance of the troops which were planted in difficult passes to observe the Arabs and prevent their incursions. It is still continued, and much increased by the Turks, under pretence of defending the Christians against the Arabs; with whom, nevertheless, they keep a secret intelligence, favouring their excursions and plunder.

**CAPI-AGA,** or **Capou-Aga,** a Turkish officer, who is, as it were, grand master of the seraglio. He is the first in dignity and repute of all the white eunuchs, and is always near the Grand Signior's person. It is he who introduces ambassadors to audience, and all the great affairs pass through his hand before they come to that of the prince.

**CAPIAS,** in law, a writ of two sorts; one before judgment in an action, and the other after. That before judgment is called *capias ad respondendum*, where an original is issued out, to take the defendant, and make him answer the plaintiff. That after judgment is of divers kinds; as,

**Capias ad Satisfaciendum,** a writ of execution that issues on a judgment obtained, and lies where any person recovers in a personal action, as for debt, damages, &c. in which cases this writ issues to the sheriff commanding him to take the body of him against whom the debt is recovered, who is to be kept in prison till he make satisfaction.

**Capias pro Fine** is a writ lying where a person is fined to the king, for some offence committed against a statute, and he does not discharge the fine according to the judgment; therefore his body shall be taken by this writ, and committed to goal till the fine is paid.

**Capias Utilegatum,** a writ which lies against any one out- outlawed, upon any action personal or criminal, by which the sheriff is ordered to apprehend the party outlawed, for not appearing on the exigent, and keep him in safe custody till the day of return, when he is ordered to present him to the court, to be there farther ordered for his contempt.

CAPITAN in Witheranum, a writ that lies for cattle in witheranum; that is, where a distress taken is driven out of the county, so that the sheriff cannot make deliverance upon a replevin; then this writ issues, commanding the sheriff to take as many beasts of the distainer, &c.