Legal Definitions - homine capto in withernamium

Homine capto in withernamium was a historical legal writ (a formal written order from a court) used in English common law. It literally translates from Law Latin as "for taking a man in withernam."

This writ allowed for the arrest of an individual who had taken a "bondman" – a person held in service, often as security for a debt, an obligation, or as a guarantee – and moved them out of the jurisdiction. The specific purpose of moving the bondman was to prevent their legal recovery through a process called "replevy." A replevy was a legal action to reclaim property, or in this context, a person treated as property or security, that had been wrongfully seized or detained, or whose return was legally sought.

Essentially, homine capto in withernamium was a remedy against someone attempting to evade justice by hiding or removing a person who was legally obligated to another or held as security within the court's jurisdiction.

Here are some examples illustrating how this historical writ would have applied:

• Debt and Collateral: Imagine a medieval landowner, Lord Ashworth, who held a peasant, Elara, as a bondwoman because Elara's father owed Lord Ashworth a significant sum of money. Elara was essentially collateral for the debt. When Elara's brother, seeking to free her, gathered enough funds to pay off the debt and initiated a legal process (a replevy) to secure her release, Lord Ashworth, anticipating this, quickly arranged for Elara to be secretly transported to a distant estate he owned in a neighboring kingdom, beyond the local court's reach. In this scenario, Elara's brother could have sought a writ of homine capto in withernamium. This writ would have compelled the arrest of Lord Ashworth, forcing him to return Elara so the debt could be settled and she could be legally freed.

• Apprenticeship and Service: Consider a master craftsman, Master Thorne, who had a young apprentice, Liam, bound to his service for a period of ten years. Liam's family later discovered that Master Thorne was severely mistreating Liam and sought to legally terminate the apprenticeship and recover him. Before the local court could issue an order for Liam's return, Master Thorne, fearing the legal action, quickly sent Liam to work for a relative in a different county, believing he would be beyond the reach of the original court's authority. Liam's family could have petitioned for a writ of homine capto in withernamium against Master Thorne, leading to his arrest until Liam was brought back to face the legal proceedings and determine the fate of his apprenticeship.

• Surety for Legal Appearance: Suppose a wealthy merchant, Lady Eleanor, stood as surety (a guarantee) for her nephew, Arthur, who was accused of a minor offense and required to appear in court. As part of the surety arrangement, Lady Eleanor placed one of her household servants, a man named Thomas, as a temporary bondman with the court, ensuring Arthur's appearance. When Arthur unexpectedly fled the country, Lady Eleanor, to avoid losing Thomas permanently to the court as a consequence of Arthur's flight, quickly moved Thomas to a remote property she owned in another jurisdiction, hoping to hide him from the court's reach. The court, seeking to enforce the surety and recover Thomas, could have issued a writ of homine capto in withernamium against Lady Eleanor, leading to her arrest until Thomas was returned to the court's jurisdiction.