Legal Definitions - de excommunicato deliberando

The term de excommunicato deliberando refers to a historical legal writ, or formal written order, used within the system of ecclesiastical (church) law. This writ commanded the release of an individual who had been imprisoned as a consequence of being excommunicated by the Church.

For such a release to occur, a high-ranking church authority, typically the person's ecclesiastical superior (like a bishop), had to certify that the excommunicated individual had genuinely reconciled with the Church. This meant the person had repented, made amends, or otherwise fulfilled the conditions required to be readmitted into the communion of the faithful, thereby lifting the excommunication.

Here are some examples illustrating how this writ would have applied historically:

• Example 1: A Nobleman Defying Church Authority
  Imagine a powerful nobleman, Lord Alaric, who was excommunicated and subsequently imprisoned for refusing to acknowledge the authority of the local bishop in a dispute over land ownership. After several months of confinement, Lord Alaric, facing political pressure and spiritual isolation, sends word to the bishop expressing his remorse and pledging his obedience to the Church's decrees. The bishop, satisfied with Lord Alaric's genuine reconciliation, would then issue a certification. Based on this certification, a de excommunicato deliberando writ would be issued, ordering Lord Alaric's release from prison.

• Example 2: A Merchant Failing to Meet Religious Obligations
  Consider a wealthy merchant, Lady Beatrice, who was excommunicated and jailed for persistently refusing to pay her mandated tithes (a portion of income due to the Church) to her local parish, despite numerous warnings. After a period in prison, she agrees to settle all her outstanding debts to the Church and perform public acts of penance. Once Lady Beatrice's local ecclesiastical superior confirms her reconciliation and fulfillment of her obligations, a de excommunicato deliberando writ would be issued, compelling her release from prison.

• Example 3: A Scholar Accused of Heresy
  Picture Brother Cuthbert, a monastic scholar, who was excommunicated and imprisoned for publicly promoting theological ideas that were deemed heretical by the Church hierarchy. During his imprisonment, after intense theological debate and reflection, he publicly recants his controversial views and reaffirms his adherence to orthodox doctrine. Upon receiving certification from the ecclesiastical court that Brother Cuthbert had genuinely reconciled with the Church and renounced his heretical beliefs, a de excommunicato deliberando writ would be issued, leading to his release from confinement.