Capias Pro Fine

A writ which Issuefl against a defendant who had been lined, and did not discharge the fine according to the judgment. The object of the writ was to arrest a defendant against whom a plaintiff had obtained judgment, and detain him until he paid to the king the fine for the public misdemeanor, coupled with the remedy for the private injury sustained, in all cases of forcible torts (11 Coke, 43; 5 Mod. 285), falsehood in denying one's own deed (Co. Litt. 131; 8 Coke, 60), unjustly claiming property in replevin, or contempt by disobeying the command of the king's writ, or the express prohibition of any statute (8 Coke, 60). It is now abolished. 2 Sharswood, Bl. Comm. 398.

A writ which issued against a defendant who had been fined and did not discharge the fine according to the judgment. The object of the writ was to arrest a defendant against whom a plaintiff had obtained judgment, and detain him until he paid to the king the fine for the public misdemeanor, coupled with the remedy for the private injury sustained, in all cases of forcible torts; 11 Coke 43; 5 Mod. 285; falsehood in denying one's own deed; Co. Lift. 131; 8 Coke 60; unjustly claiming property in replevin, or contempt by disobeying the command of the king's writ, or the express prohibition of any statute; t Coke 60. It is now abolished; 3 Bla. Com. 398.

(That you take for the fine or in mercy.) Formerly, if the verdict was for the defendant, the plaintiff was adjudged to be amerced for his false claim ; but, if the verdict was for the plaintiff, then in all actions vi et armis, or where the defendant, in his pleading, had falsely denied his own deed, the judgment contained an award of a capiatur pro fine; and in all other cases the defendant was adjudged to be amerced. The insertion of the misericordia or of the capiatur in the judgment is now unnecessary. Wharton.

Defined under Capias in Black's Law Dictionary.