Law. [L. capias ‘thou mayest take.’] A writ or process commanding the officer to take the body of the person named in it, that is, to arrest him; also called writ of capias.

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The term Capias includes writs of various kinds; Capias ad respondendum, to enforce attendance at court; Capias ad satisfaciendum, after judgment, to imprison the defendant, until the plaintiff’s claim is satisfied; Capias utlagatum, to arrest an outlawed person; Capias in Withernam, to seize the cattle or goods of any one who has made an unlawful distraint (see WITHERNAM).

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1467.  in Eng. Gilds (1870), 390. That no seriaunt take … for servynge of a capias eny thynge but in maner folowynge.

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1543.  Ludlow Churchw. Acc. (Camden), 14. Payde for ij capias … vjd.

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1622.  Fletcher, Span. Cur., V. ii. A capias from my surgeon and my silkman.

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1648.  Prynne, Plea for Lords, 52. Walter Clerke … was arrested … upon a Capias Utlagatum.

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1682.  Luttrell, Brief Rel. (1857), I. 234. If his lordship had not appeared, a capias in Withernam would have gone out, whereon he must have been committed.

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1689.  Hickeringill, Modest Inquiries, ii. 17–8. Excommunications, Capias’s, Fines, and Imprisonments.

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1812.  Combe (Dr. Syntax), Picturesque, xxv. Near Clifford’s-Inn appear’d to stand Of Capiases an ugly band.

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1865.  Dublin Univ. Mag., I. 563. A distinguished general officer … who was just going out to India and who had been stopped by a capias.

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