Legal Definitions - contumace capiendo

Contumace Capiendo is a historical legal term that refers to a writ, or formal legal order, issued by a secular (non-religious) court. This writ was used to apprehend and imprison an individual who had been declared in contempt by an ecclesiastical (church) court and had stubbornly refused to comply with its judgments or orders.

Essentially, when a person defied the authority of a church court, and the church court lacked the power to physically enforce its own decisions, it could appeal to the secular government. The "contumace capiendo" writ was the mechanism by which the secular arm of the law would step in to compel obedience to the ecclesiastical court's ruling, often through arrest and detention until the individual submitted.

• Example 1: Refusal to Comply with a Marital Decree

  Imagine in 17th-century England, a wealthy landowner, Sir Reginald, was ordered by an ecclesiastical court to provide ongoing financial support to his estranged wife after a formal separation. Sir Reginald, believing himself above the church's authority, repeatedly ignored the court's summons and refused to pay the ordered maintenance. His continued defiance put him in a state of "contumacy" against the church court.

  In this scenario, the ecclesiastical court, unable to enforce its financial decree directly, would petition a secular court (like the Court of Chancery) for a contumace capiendo writ. This writ would then be issued to the local sheriff, authorizing the sheriff to arrest Sir Reginald and hold him until he agreed to comply with the church court's order to support his wife.

• Example 2: Disobedience Regarding Church Property

  Consider a situation in a medieval European town where a local farmer, Master Elara, was found by the bishop's court to have illegally encroached upon land designated for the church's use, perhaps by extending her own property fence. The ecclesiastical court ordered her to remove the fence and restore the land to its proper boundaries. Master Elara, however, stubbornly refused, claiming the land was rightfully hers and ignoring all church court directives.

  Master Elara's persistent refusal to obey the church court's judgment constituted "contumacy." To enforce its decision, the ecclesiastical court would request a contumace capiendo writ from the secular authorities. This writ would empower the town guard or sheriff to apprehend Master Elara and detain her until she complied with the church court's order to relinquish the disputed land.

• Example 3: Refusal to Perform Penance for a Moral Offense

  In a 16th-century parish, a merchant named Mr. Davies was found guilty by the archdeacon's court of engaging in public drunkenness and disturbing the peace, which were considered moral offenses under ecclesiastical law. He was ordered to perform public penance, such as standing in the church in a white sheet, and pay a small fine to the poor box. Mr. Davies, however, openly mocked the court's judgment and refused to perform any part of the penance.

  Mr. Davies's defiant refusal to submit to the ecclesiastical court's sentence made him "contumacious." The church court would then seek a contumace capiendo writ from a secular court. This writ would authorize the secular constable to arrest Mr. Davies and hold him in custody until he agreed to fulfill the public penance and pay the fine as ordered by the church court.