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Simple English definitions for legal terms
contumace capiendo
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A quick definition of contumace capiendo:
Contumace capiendo is a legal term that refers to a writ issued by the Court of Chancery at the request of an ecclesiastical court. This writ is used when a person is found to be in contempt of court. It was created after the Ecclesiastical Courts Act of 1813 removed the power of ecclesiastical courts to excommunicate litigants who failed to comply with a court order. The writ de contumace capiendo replaced the older writ de excommunicato capiendo. This writ allows for the arrest of a contumacious person who refuses to comply with a court order.
A more thorough explanation:
Definition: Contumace capiendo is a legal term that refers to a writ issued by the Court of Chancery at the request of an ecclesiastical court that has found a person to be in contempt. This writ was used after the Ecclesiastical Courts Act of 1813 removed ecclesiastical courts' power to excommunicate litigants who failed to comply with a court order.
Example: In 1812, Mary Ann Dix was imprisoned for two years on a writ de excommunicato capiendo for not paying costs in a suit for defamation. This case led to the enactment of a law in 1813 that replaced the writ de excommunicato capiendo with the writ de contumace capiendo.
Explanation: The example illustrates how the writ de contumace capiendo was used as a replacement for the writ de excommunicato capiendo after the Ecclesiastical Courts Act of 1813. It shows how the writ was used to arrest a person who was found to be in contempt of court.