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The mode by which it is contemplated to deprive them of that custody is the process of replevin and that of capias in withernam, in the nature of a distress from the State tribunals organized by the ordinance.
If goods be taken, it will be felony as to them, without this statute: and as to the abduction of the woman, quære if not better to leave that, and also kidnapping, 4 Bl. 219. to the Common law remedies, viz. fine, imprisonment, and pillory, Raym. 474; 2 Show. 221; Skin. 47; Comb. 10. the writs of Homine replegiando, Capias in Withernam, Habeas corpus, and the action of trespass?
When one has been at work among interlocutors, suspensions, tacks, wadsets, multiplepoindings, adjudications in implement, assignations, infeftments, homologations, charges of horning, quadriennium utiles, vicious intromissions, decrees of putting to silence, conjoint actions of declarator and reduction-improbation, the brain, being saturated with these and their kindred, becomes refreshed by crossing the border of legal nomenclature, and getting among common recoveries, demurrers, Quare impedits, tails-male, tails-female, docked tails, latitats, avowrys, nihil dicits, cestui que trusts, estopels, essoigns, darrein presentments, emparlances, mandamuses, qui tams, capias ad faciendums or ad withernam, and so forth.
Wild's lawyer on his examination, he insisting that the proceeding was improper, for that a writ de homine replegiando should issue, and on the return of that a capias in withernam, the justice inclined to commitment, so that Wild was driven to other methods for his defence.
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