The excommunicato capiendo is a Latin legal document that was historically employed by the church to penalize individuals who had been excommunicated. This writ mandated the sheriff to apprehend and incarcerate the excommunicated person. Issued by the chancery, the writ was to be presented to the King’s Bench. It bears resemblance to the writ of de contumace capiendo.
Excommunicato capiendo is a Latin term that pertains to a historical practice in ecclesiastical law. It involves the issuance of a writ that compelled the sheriff to apprehend and incarcerate an individual who had been excommunicated by a bishop. This writ, which originated from chancery and was to be presented to the King’s Bench, served as a means of enforcing the church’s authority. For instance, if a bishop excommunicated someone for a grave offence like heresy, they could provide a certificate of excommunication. With this certificate, a writ of excommunicato capiendo could be issued, instructing the sheriff to detain and imprison the defendant until they repented and were absolved of their excommunication. This writ was a potent instrument employed by the church to demonstrate the seriousness of its laws and to punish those who dared to defy it.
Excommunicato capiendo is a legal writ used in the past to arrest and imprison someone who has been excommunicated by the church.
No, excommunicato capiendo is an outdated legal concept and is no longer used in modern legal systems.
No, in modern legal systems, being excommunicated from a church does not have any legal implications and cannot result in arrest.
Excommunication from a church does not have any direct legal implications on a person’s rights or status in modern legal systems.
In some cases, a person may be able to challenge their excommunication in a church court or through internal church processes, but it is not a matter for civil courts.
Excommunication from a church is not a valid legal defence in a civil or criminal case.
In some religious communities, excommunication may result in the loss of certain rights or privileges within the church, but it does not have legal implications outside of the church.
In some cases, a person may be able to seek reconciliation with the church and have their excommunication lifted.
In most cases, excommunication from a church does not have any legal implications for a person’s employment or housing.
No, civil authorities do not enforce excommunication from a church, as it is a matter of religious doctrine and practice.
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This glossary post was last updated: 17th April 2024.
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