Legal Definitions - arrestando ipsum qui pecuniam recepit

The Latin phrase arrestando ipsum qui pecuniam recepit translates to "arresting him who received the money." This term refers to a historical legal principle or a type of writ that authorized the arrest of an individual who had come into possession of money, particularly when there was a legal obligation to account for those funds, or when the money was received under circumstances suggesting misappropriation or a failure to fulfill a duty.

Essentially, it provided a mechanism to detain someone who had received money, often to compel them to explain its receipt, return it, or face consequences for its wrongful handling or retention. While the specific writ is largely obsolete in modern legal systems, the underlying principle of holding individuals accountable for money they have received, especially when a duty or trust is involved, remains fundamental.

• Example 1: Misappropriation by a Public Official

  Imagine a historical scenario where a local tax collector was responsible for gathering taxes from citizens and remitting them to the treasury. If it was discovered that the collector had received a significant amount of tax money but failed to turn it over, instead using it for personal gain, the principle of arrestando ipsum qui pecuniam recepit could have been invoked. The collector would be arrested specifically because they had received public funds and then failed in their duty to account for or properly disburse them.

• Example 2: Breach of Trust by a Fiduciary

  Consider a situation where a guardian was appointed to manage an inheritance for an orphan. The guardian received a substantial sum of money on behalf of the child, with a clear legal obligation to invest it wisely and use it for the child's benefit. If the guardian instead spent the money on lavish personal expenses, leaving the orphan destitute, this principle would apply. The guardian's arrest would be directly linked to their receipt of the orphan's money and their subsequent failure to uphold their fiduciary duty, leading to the funds' depletion.

• Example 3: Failure to Account for Business Funds

  In a medieval trading context, a merchant might entrust a factor (an agent) with a large sum of money to purchase specific goods in a distant market. The factor received the money but then returned without the goods, claiming the market was unfavorable, yet could not provide a satisfactory account of what happened to the funds. Under arrestando ipsum qui pecuniam recepit, the factor could be arrested. The arrest would be justified because the factor received money for a specific business purpose and then failed to either deliver the goods or provide a transparent and verifiable account of the funds' disposition.