Legal Definitions - excommunicato capiendo

The term excommunicato capiendo refers to a historical legal document, known as a writ, used in England's ecclesiastical (church) law. It authorized a sheriff to arrest and imprison an individual who had been formally excommunicated by a bishop and continued to defy church authority.

Essentially, if a person was excommunicated by the Church for a serious offense or persistent disobedience, and they refused to submit or reconcile, the bishop could issue a certificate confirming their excommunication. This certificate could then be presented to a civil court (specifically, the Court of Chancery), which would issue the excommunicato capiendo writ. This writ effectively brought the power of the state to enforce the Church's spiritual judgment, compelling the excommunicated person to comply through arrest and imprisonment.

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

• Example 1: Defiance of Church Doctrine

  Imagine a prominent scholar in 14th-century England who publicly preached ideas considered heretical by the Church, despite repeated warnings from his local bishop. After a formal ecclesiastical trial, the bishop excommunicated the scholar for his persistent defiance of church doctrine. If the scholar continued to spread his dissenting views and refused to recant or seek reconciliation, the bishop could present a certificate of excommunication to the civil authorities. A writ of excommunicato capiendo would then be issued, compelling the sheriff to arrest and imprison the scholar until he submitted to the Church's authority and repented.

• Example 2: Refusal to Obey an Ecclesiastical Court Order

  Consider a wealthy merchant in the 16th century who was involved in a dispute over a will. An ecclesiastical court, which handled matters like wills and probate, ruled against him and ordered him to pay a specific sum to a local orphanage. The merchant, however, stubbornly refused to comply with the church court's judgment. Following his excommunication for this defiance, and his continued refusal to pay, the bishop could apply for an excommunicato capiendo writ. This writ would empower the sheriff to arrest the merchant, putting significant pressure on him to fulfill the church court's financial decree and seek reconciliation.

• Example 3: Persistent Moral Transgression and Disobedience

  Suppose a nobleman in medieval England was excommunicated for persistent adultery and creating public scandal within his community, refusing to repent or cease his behavior despite repeated admonitions from his bishop. If this individual continued to openly defy the church's moral authority and remained excommunicated, the bishop might apply for an excommunicato capiendo writ. This would lead to the nobleman's arrest by the sheriff, aiming to compel his submission to church discipline and encourage him to seek absolution.