Legal Definitions - captio

Captio

Historically, captio referred to two distinct legal actions. First, it described the act of taking someone into custody, such as an arrest, or the confiscation of property. Second, it also referred to the formal act of conducting or holding a court session.

• Example 1 (Arrest of a person): In 17th-century England, if a local constable apprehended a suspected thief and brought them before a magistrate, this act of taking the person into custody would have been considered a captio.

  This illustrates the first meaning of captio, specifically the arrest or apprehension of an individual.

• Example 2 (Seizure of a thing): During a medieval market inspection, if royal officials discovered a merchant selling underweight loaves of bread and confiscated the entire batch as evidence and penalty, this seizure of goods would also be termed a captio.

  This example demonstrates the first meaning of captio, focusing on the seizure or confiscation of property.

• Example 3 (Holding of court): When a circuit judge in the American colonies traveled to a remote town and formally opened proceedings to hear cases and administer justice, the act of convening and conducting that court session was historically referred to as a captio.

  This illustrates the second meaning of captio, referring to the formal act of holding or conducting a court session.