Legal Definitions - de manucaptione

De manucaptione was a historical legal order, known as a writ, issued by a court. It commanded a sheriff to release an individual accused of a serious crime (a felony) if that person could provide adequate bail, even if the sheriff had previously refused their initial offer of bail. This writ served as a judicial check, ensuring that an accused person had a fair opportunity to be released on bail if local authorities were deemed to have unfairly rejected their offer.

• Example 1: Local Discretion Overruled

  Imagine a merchant named Thomas in 15th-century England, accused of a serious theft. Thomas offers a substantial sum of money and pledges his valuable property as bail, demonstrating his strong ties to the community. However, the local sheriff, perhaps due to personal animosity or an overly cautious interpretation of the law, rejects Thomas's offer, insisting it is insufficient. Thomas's family petitions a higher court, arguing that the bail offered is more than adequate. If the higher court agrees, it would issue a de manucaptione, compelling the sheriff to accept Thomas's bail and release him from custody.

  This illustrates de manucaptione because an accused felon (Thomas) had his initial offer of bail rejected by the local authority (the sheriff), and a higher court intervened with this writ to order his release upon sufficient bail.

• Example 2: Dispute Over Bail Sufficiency

  Consider a landowner, Lady Eleanor, accused of a serious offense against the crown. She offers a significant portion of her estate as surety for her release on bail. The local magistrate, however, deems the offered estate insufficient, perhaps undervaluing it or applying an unusually high standard for bail in such a politically sensitive case. Lady Eleanor's legal counsel appeals to a superior court, presenting evidence of the estate's true value and arguing for its adequacy. If the superior court finds the bail offer to be entirely reasonable and sufficient, it would issue a de manucaptione, instructing the magistrate to accept the bail and release Lady Eleanor.

  Here, the writ of de manucaptione is used to resolve a dispute over the sufficiency of bail, ensuring that an accused individual is not unfairly detained when they have presented adequate security for their temporary release.