Legal Definitions - writ of recaption

A writ of recaption was a historical legal order issued by a court. It allowed a person (the plaintiff) to recover goods and seek compensation (damages) when a defendant, who had previously seized their property, made a second seizure of property while a lawsuit (known as a replevin action) concerning the first seizure was still ongoing. Essentially, it prevented a defendant from repeatedly seizing a plaintiff's property while the legality of an earlier seizure was being challenged in court.

Here are some examples illustrating how a writ of recaption would have been applied:

• Example 1: Landlord-Tenant Dispute

  Imagine a tenant in the 17th century who falls behind on rent. Their landlord seizes some of their household furniture (the first distress) to compel payment. The tenant believes the seizure was unlawful or that the rent was not truly owed, so they initiate a replevin action to get their furniture back. While this court case is still pending, the landlord, frustrated by the delay, returns and seizes more of the tenant's belongings, perhaps their livestock (the second distress). In this situation, the tenant could have sought a writ of recaption to immediately recover the livestock seized in the second instance, as the legality of the first seizure was still being decided by the court.

• Example 2: Feudal Obligation

  Consider a farmer in medieval times who owes a certain service or payment to their local lord. The lord, claiming the farmer defaulted, sends agents to seize a portion of the farmer's harvest (the first distress). The farmer disputes the lord's claim and files a replevin action to recover their crops. Before the court can rule on the first seizure, the lord's agents return and seize the farmer's plough animals (the second distress). The farmer could then apply for a writ of recaption to retrieve the plough animals, arguing that the lord should not be allowed to make further seizures while the initial dispute was still under judicial review.

• Example 3: Merchant Debt

  Picture a merchant in the 18th century who allegedly owes money to a supplier. The supplier, seeking to recover the debt, seizes a quantity of the merchant's imported spices from their warehouse (the first distress). The merchant believes the debt amount is incorrect or that the seizure was improper, so they file a replevin action to get the spices back. While the court is deliberating on this first case, the supplier, impatient for payment, seizes another shipment of the merchant's valuable textiles (the second distress). The merchant would then have grounds to obtain a writ of recaption to recover the textiles, preventing the supplier from continuing to seize goods while the original dispute was unresolved.