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Simple English definitions for legal terms
excommunicato capiendo
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A quick definition of excommunicato capiendo:
Term: EXCOMMUNICATO CAPIENDO
Definition: Excommunicato capiendo is a legal document written in Latin that was used in the past by the church to punish people who were excommunicated. It was a writ that required the sheriff to arrest and imprison the person who was excommunicated. The writ was issued by the chancery and was returnable to the King's Bench. It is similar to the writ of de contumace capiendo.
A more thorough explanation:
Definition: Excommunicato capiendo is a Latin term used in historical ecclesiastical law. It refers to a writ that required the sheriff to arrest and imprison a defendant who had been excommunicated by a bishop. The writ was issued out of chancery and was returnable to the King's Bench.
Example: If a bishop excommunicated someone for a serious offense, such as heresy, the bishop could issue a certificate of excommunication. Based on this certificate, a writ of excommunicato capiendo could be issued, requiring the sheriff to arrest and imprison the defendant until they repented and were absolved of their excommunication.
Explanation: This writ was a powerful tool used by the church to enforce its authority and punish those who defied it. By requiring the sheriff to arrest and imprison the defendant, the writ made it clear that the church's laws were to be taken seriously and that disobedience would not be tolerated.