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Legal Definitions - de arrestando ipsum qui pecuniam recepit

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Definition of de arrestando ipsum qui pecuniam recepit

The Latin phrase de arrestando ipsum qui pecuniam recepit refers to a historical legal writ, or formal order, issued by a court.

In essence, this writ commanded the arrest of an individual who had received money from the Crown (representing public funds) for a specific service or duty, but then failed to perform that service and subsequently went into hiding to avoid their obligations.

It addressed situations where someone accepted public resources for a designated purpose, defaulted on their commitment, and then attempted to evade accountability by disappearing.

Here are some examples illustrating the concept:

  • Imagine a medieval craftsman who accepted a substantial sum from the royal treasury to construct a vital defensive wall for a castle. After receiving the funds, he spent the money on personal luxuries, never began the construction, and then fled to a distant village, hoping to escape detection. A de arrestando ipsum qui pecuniam recepit writ would have been issued to apprehend him, compelling him to account for the public funds he took and the duty he shirked.

  • Consider a royal official in charge of provisioning the king's army. He was given a significant budget (the "king's money") to purchase supplies and ensure their delivery. Instead of fulfilling his duty, he embezzled a large portion of the funds, bought substandard provisions, and then vanished before the army's inspection, leaving the troops ill-equipped. This situation would warrant a de arrestando ipsum qui pecuniam recepit writ for his arrest, as he received public money for a critical service and then absconded after failing to perform it.

  • Picture a scholar who received a royal grant to travel to a foreign land and acquire rare manuscripts for the royal library. He took the allocated funds for his journey and expenses but instead of undertaking the mission, he squandered the money and then went into hiding, failing to deliver the promised manuscripts or even embark on the journey. A writ of de arrestando ipsum qui pecuniam recepit would be the legal instrument used to bring him to justice for misusing public funds and evading his contractual obligation.

Simple Definition

De arrestando ipsum qui pecuniam recepit was a historical legal writ. It ordered the arrest of a person who had taken the king's money for military service but then avoided fulfilling their duty.

The end of law is not to abolish or restrain, but to preserve and enlarge freedom.

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