The term “de excommunicato capiendo” refers to a historical legal writ that instructed a sheriff to detain an individual who had been excommunicated by the church until they reconciled with the church. This writ was later replaced by the “de contumace capiendo” writ, which was utilised to apprehend individuals who were found to be in contempt by an ecclesiastical court. In 1813, the “de excommunicato capiendo” writ was abolished after Mary Ann Dix was imprisoned for two years due to non-payment of costs in a defamation lawsuit. The new writ, “de contumace capiendo,” was implemented instead, with the rules that applied to the previous writ now being applicable to the new one.
De excommunicato capiendo is a Latin term that was utilised in historical ecclesiastical law to refer to a writ commanding a sheriff to detain an excommunicated individual until they reconciled with the church. To provide an example, in the past, if someone was excommunicated from the church, they could be apprehended and incarcerated until they resolved their differences with the church. For instance, Mary Ann Dix was imprisoned for a period of two years based on a writ de excommunicato capiendo due to her failure to pay costs in a defamation lawsuit. This example serves to demonstrate how the writ de excommunicato capiendo was employed to ensure compliance and punish contempt within the ecclesiastical courts. It highlights the possibility of imprisonment for non-compliance with a court order or for being excommunicated from the church. Eventually, the writ de excommunicato capiendo was replaced by the writ de contumace capiendo, which was used to apprehend individuals who displayed contumacious behaviour and were found to be in contempt by an ecclesiastical court.
“De Excommunicato Capiendo” is a Latin term that translates to “concerning the apprehension of an excommunicated person.” It refers to a legal writ or order issued by a court to arrest and detain an individual who has been excommunicated by the church.
Typically, only ecclesiastical courts or religious authorities have the power to issue a “De Excommunicato Capiendo” order. Civil courts generally do not have jurisdiction over matters of excommunication.
If someone is subject to a “De Excommunicato Capiendo” order, they may be arrested and detained until they comply with the conditions set by the church or religious authority. These conditions usually involve repentance, seeking forgiveness, or fulfilling certain obligations.
In most cases, civil authorities do not enforce “De Excommunicato Capiendo” orders. The power to enforce such orders lies within the jurisdiction of the church or religious authority that issued it.
In some cases, individuals subject to a “De Excommunicato Capiendo” order may have the right to challenge it in court. However, the availability of legal remedies may vary depending on the jurisdiction and the specific circumstances of the case.
The possibility of appealing a “De Excommunicato Capiendo” order depends on the rules and procedures established by the church or religious authority that issued it. It is advisable to consult with legal counsel familiar with ecclesiastical law to understand the specific appeal process.
The issuance of a “De Excommunicato Capiendo” order is typically reserved for serious offenses or violations of religious doctrine. It is not a tool to be used arbitrarily or without just cause.
In general, “De Excommunicato Capiendo” orders are issued against individuals who are members of the church or religious organisation that has the authority to excommunicate. Non-members are usually not subject to such orders.
The enforceability of a “De Excommunicato Capiendo” order internationally depends on the recognition and cooperation between different jurisdictions. It is advisable to seek legal advice specific to the relevant jurisdictions involved.
“De Excommunicato Capiendo” has its roots in medieval canon law, which governed the affairs of the Catholic Church. It was a means for the church to exert its authority and maintain discipline within its ranks. While its usage has diminished over time, it still holds significance in certain religious contexts.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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