Legal Definitions - arcta et salva custodia

Arcta et salva custodia is a historical legal Latin phrase that translates to "in close and safe custody." It refers to a situation where an individual was held under strict and secure detention, typically to ensure their appearance in court, prevent escape, or compel compliance with a legal order.

Here are some examples illustrating this concept:

• Imagine a historical case in 17th-century England where a nobleman was accused of sedition. To prevent him from fleeing the country or conspiring further, the Crown might order him to be held arcta et salva custodia in a secure fortress. This would mean he was confined to a heavily guarded cell, with limited contact with the outside world, and under constant surveillance until his trial.

  This example demonstrates arcta et salva custodia because the nobleman is kept under stringent, secure detention ("close and safe custody") to ensure he cannot evade justice or pose further threat.

• Consider a scenario from the early American frontier where a notorious outlaw was finally captured after a long pursuit. Given his history of escapes, the local sheriff might decide to hold him arcta et salva custodia in the strongest, most isolated cell in the jail, perhaps even shackled, with extra guards posted around the clock. The goal was to ensure absolutely no possibility of escape before he could face trial.

  Here, the term illustrates the extreme measures taken for "close and safe custody" to prevent a high-risk prisoner from escaping, emphasizing both the security and the restrictive nature of the detention.

• In a historical legal context, if a person was found in contempt of court for repeatedly disrupting proceedings and refusing to obey a judge's order, the judge might have them held arcta et salva custodia until they agreed to comply. This detention would not be a punishment for a crime, but a means to compel obedience, ensuring they remained under the court's direct control in a secure environment.

  This example highlights arcta et salva custodia as a method of maintaining control and compelling compliance through secure detention, ensuring the individual remains within the court's immediate authority.