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Simple English definitions for legal terms
homine capto in withernamium
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A quick definition of homine capto in withernamium:
Term: HOMINE CAPTO IN WITHERNAMIUM
Definition: Homine capto in withernamium is a legal term that means "for taking a man in withernam." It refers to a writ used to arrest someone who has taken a bondman out of the country to prevent a replevy. Withernam is a reciprocal taking or distress in place of a previous one. It is a legal action taken when someone takes something that belongs to someone else, and the owner takes something of equal value in return.
A more thorough explanation:
Definition: Homine capto in withernamium is a legal term in Latin that means "for taking a man in withernam." It refers to a writ used to arrest a person who has taken a bondman out of the country to prevent a replevy.
Example: If a person owes money to another and takes their bondman out of the country to avoid paying the debt, the creditor can use a homine capto in withernamium writ to have the debtor arrested and brought back to face justice.
Explanation: The example illustrates how homine capto in withernamium was used in medieval times to enforce debt collection. If a debtor tried to evade their obligations by taking their bondman out of the country, the creditor could use this writ to have them arrested and brought back to face the consequences of their actions.
Related term: Withernam is a related term that refers to a reciprocal taking or distress in place of a previous one. For example, if a person's property was seized to pay a debt, they could take someone else's property in withernam to compensate for their loss.