withernam

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Quare impedits, tails-male, tails-female, docked tails, latitats, avowrys, nihil dicits, cestui que trusts, estopels, essoigns, darrein presentments, emparlances, mandamuses, qui tams, capias ad faciendums or ad withernam, and so forth.

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Definitions (1)

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  1. A second or reciprocal distress of other goods in lieu of goods which were taken by a first distress and have been eloigned; a taking by way of reprisal; -- chiefly used in the expression capias in withernam, which is the name of a writ used in connection with the action of replevin (sometimes called a writ of reprisal), which issues to a defendant in replevin when he has obtained judgment for a return of the chattels replevied, and fails to obtain them on the writ of return.

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Examples (5)

  • (99 M69 The chief features of the grant(100) were that the citizens were thenceforth to be allowed to hold Middlesex to farm at a rent of £300 a year, and to appoint from among themselves whom they would to be sheriff over it; they were further to be allowed to appoint their own justiciar to hold pleas of the crown, and no other justiciar should exercise authority over them; they were not to be forced to plead without the city’s walls; they were to be exempt from scot and lot and of all payments in respect of Danegelt and murder; they were to be allowed to purge themselves after the English fashion of making oath and not after the Norman fashion by wager of battle; their goods were to be free of all manner of customs, toll, passage and lestage; their husting court might sit once a week; and lastly, they might resort to "withernam" or reprisal in cases where their goods had been unlawfully seized M70 Touching the true import of this grant of Middlesex to the citizens at a yearly rent, with the right of appointing their own sheriff over it, no less than the identity of the justiciar whom they were to be allowed to choose for themselves for the purpose of hearing pleas of the crown within the city, much divergence of opinion exists. —  London and the Kingdom - Volume I
  • Notwithstanding the doubts raised by Mr. Wild's lawyer on his examination, he insisting that the proceeding was improper, for that a writ de homine replegiando should issue, and on the return of that a capias in withernam, the justice inclined to commitment, so that Wild was driven to other methods for his defence. —  The History of the Life of the Late Mr Jonathan Wild the Great
  • Upon which Mr. More sent him this question, 'Utrum averia carucæ, capta in vetito namio, sint irreplegibilia, Whether beasts of the plough, taken in withernam, are incapable of being replevied:'" —  Notes and Queries, Number 76, April 12, 1851 A Medium of Inter-communication for Literary Men, Artists, Antiquaries, Genealogists, etc
  • Quare impedits, tails-male, tails-female, docked tails, latitats, avowrys, nihil dicits, cestui que trusts, estopels, essoigns, darrein presentments, emparlances, mandamuses, qui tams, capias ad faciendums or ad withernam, and so forth. —  The Book-Hunter A New Edition, with a Memoir of the Author
  • English fashion of making oath and not after the Norman fashion by wager of battle; their goods were to be free of all manner of customs, toll, passage and lestage; their husting court might sit once a week; and lastly, they might resort to "withernam" or reprisal in cases where their goods had been unlawfully seized. —  London and the Kingdom - Volume I
 

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