Legal Definitions - writ of withernam

Definition: A writ of withernam is a legal 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".

Example: If someone takes your property as a distress for a debt owed, you can use a writ of withernam to take their property of equal value in return. This is a way to balance the scales and ensure that both parties are treated fairly.

The use of a writ of withernam was common in medieval England, where it was used to settle disputes between landlords and tenants. If a tenant failed to pay rent, the landlord could take their property as a distress. However, if the tenant could prove that the landlord owed them money, they could use a writ of withernam to take the landlord's property instead.