Legal Definitions - caput gerat lupinum

caput gerat lupinum is a historical Latin legal phrase that translates to "let him bear the head of a wolf." In medieval English law, this declaration was made against an individual who had been officially declared an outlaw, typically for committing serious crimes and then evading justice.

When someone was declared caput gerat lupinum, it meant they had lost all legal protection and rights, effectively becoming an enemy of the community and the law. They were considered to be outside the bounds of human society, much like a wild animal. Consequently, anyone could hunt down and kill such an individual without facing legal repercussions, as if they were slaying a wolf.

Here are some examples illustrating this historical concept:

• Imagine a scenario in 12th-century England where a man named John commits a heinous murder and then flees his village, refusing to appear before the local court or the king's justices. After a prescribed period of time during which he fails to surrender, the court formally declares him an outlaw, pronouncing that he shall "bear the head of a wolf." This declaration means that John is no longer protected by any law; he cannot own property, sue in court, or claim any rights. Furthermore, any person who encounters John is legally permitted to kill him without fear of being charged with murder, as he is considered an enemy of the peace and the community.

• Consider a powerful baron, Sir Alaric, who openly defies the king's authority by refusing to pay taxes and raiding neighboring lands. When royal forces attempt to apprehend him, he resists and escapes into the remote forests. Unable to bring him to justice through conventional means, the king's court issues a decree of outlawry against Sir Alaric, stating that he is now caput gerat lupinum. This legal status strips him of all his noble titles, lands, and legal standing. It also means that any loyal subject of the king who finds Sir Alaric is not only justified but perhaps even encouraged to kill him, treating him as a dangerous beast outside the realm of law and order.

• In a medieval town, a woman named Agnes is accused of theft and arson. Before her trial can conclude, she manages to escape from the local dungeon and disappears into the surrounding countryside. Despite extensive searches, she remains at large, occasionally returning to steal food or supplies. Frustrated by her evasion, the local authorities, with the backing of the king's court, declare Agnes an outlaw, applying the principle of caput gerat lupinum. This means that Agnes is no longer considered a person under the protection of the law; she has no rights, and anyone who encounters her is legally free to kill her without facing any legal consequences, as she is deemed a threat to the community's safety and order.