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Simple English definitions for legal terms
withernam
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A quick definition of withernam:
Term: WITHERNAM
Definition: Withernam is an old word that means taking something from someone as a punishment for them taking something from you before. It's like a trade, but instead of giving something new, you take something back that was already taken from you. It's an old way of settling disputes.
A more thorough explanation:
WITHERNAM
Withernam is a historical term that refers to a reciprocal taking or distress in place of a previous one. It comes from the Old English words "weder" meaning "other" and "naam" meaning "a taking".
For example, if someone took your cow as a form of payment for a debt, you could take one of their cows in return as a withernam. This was a way to settle disputes and debts without involving the legal system.
The term "capias in withernam" refers to a legal writ that allowed a person to take goods or property from someone who had taken their own goods or property in the past.
Overall, withernam was a way to resolve conflicts and debts in a fair and reciprocal manner.