Legal Definitions - de homine capto in withernamium

Definition: De homine capto in withernamium (dee hom-uh-nee kap-toh in with-uhr-nay-mee-uhm), n. [Law Latin “for taking a man in withernam”] is a historical writ used to seize and jail a person who took a bondman out of the county to prevent the bondman from being replevied. The defendant was jailed without bail until the bondman was returned.

Example: In medieval England, if a bondman was taken out of the county to avoid being replevied, the lord of the bondman could use the writ of de homine capto in withernamium to seize and jail the person who took the bondman. The defendant would remain in jail until the bondman was returned.

Explanation: The example illustrates how the writ of de homine capto in withernamium was used in medieval England to protect the rights of bondmen. If a bondman was taken out of the county to avoid being replevied, the lord of the bondman could use this writ to seize and jail the person who took the bondman. This ensured that the bondman would be returned and protected the lord's rights to the bondman's labor.

Related term: Withernam (with-uhr-nahm), n. [from Saxon weder “other” + naam “a taking”] is a reciprocal taking or distress in place of a previous one. See capias in withernam under WITHERNAM.