Withernam


Also found in: Legal.
Related to Withernam: capiases

With´er`nam


n.1.(Law) A second or reciprocal distress of other goods in lieu of goods which were taken by a first distress and have been eloigned; a taking by way of reprisal; - chiefly used in the expression capias in withernam, which is the name of a writ used in connection with the action of replevin (sometimes called a writ of reprisal), which issues to a defendant in replevin when he has obtained judgment for a return of the chattels replevied, and fails to obtain them on the writ of return.
References in periodicals archive ?
(33) Grotius wrote that, while "the right of reprisals" was the phrase preferred "by the more modern jurists" to describe such an enforcement action, it was called "by the Saxons and Angles 'withernam', and by the French, among whom such seizure is ordinarily authorized by the king, 'letters of marque'." (34) Reprisals, wrote Pufendorf, "are frequently the prelude to wars." (35) In this respect, the legal meaning of "reprisal" was considerably narrower than its colloquial meaning of retaliation.