Legal Definitions - de excommunicato recapiendo

De excommunicato recapiendo refers to a historical legal order issued by an ecclesiastical (church) court. This Latin term describes a writ, which was a formal written command, for the re-arrest of an individual who had previously been excommunicated from the church and then released from custody. The re-arrest was ordered because the person had failed to either reconcile with the church or provide a guarantee that they would do so. Essentially, it was a mechanism to enforce the church's authority over individuals who remained defiant after an initial period of detention.

Here are some examples illustrating how de excommunicato recapiendo might have been applied:

• Imagine a powerful medieval baron, Sir Reginald, who was excommunicated by his local bishop for repeatedly seizing church lands and refusing to return them. After an initial period of imprisonment, he was released, perhaps due to political pressure or a temporary promise to negotiate. However, Sir Reginald continued to occupy the church properties and openly mocked the bishop's authority, showing no intention of seeking reconciliation. In this scenario, the bishop's court could issue a de excommunicato recapiendowrit, ordering the secular authorities to re-arrest Sir Reginald to compel him to make amends with the church.

• Consider a scholar named Brother Thomas who was excommunicated for publishing theological writings deemed heretical by the church. He was briefly held in a monastery prison but then released, possibly on the condition that he would publicly recant his views and seek absolution. Instead, Brother Thomas continued to secretly distribute his controversial texts and gather followers, demonstrating no genuine desire to reconcile. A de excommunicato recapiendo writ would then be issued, mandating his re-arrest to ensure he either submitted to church doctrine or faced further ecclesiastical punishment.

• Picture a wealthy merchant, Lady Eleanor, who was excommunicated for refusing to pay her mandated tithes to the local parish, severely impacting the church's finances. After a brief period of house arrest enforced by church officials, she was released, perhaps after promising to settle her debts. However, Lady Eleanor subsequently continued to withhold her payments and publicly declared her defiance against the church's financial demands, offering no security for future compliance. A de excommunicato recapiendo writ would be the legal instrument used to order her re-arrest, forcing her to either reconcile with the church by paying her dues or face continued detention.