Legal Definitions - in cursu rebellionis

In cursu rebellionis is a historical Latin legal term meaning "in the course of rebellion." Historically, in certain legal systems, particularly in Scotland, this term was applied to individuals who, despite not engaging in armed revolt, were deemed to be in rebellion against the Crown. This status was triggered by their failure to fulfill a civil obligation, such as paying a debt, after being formally "put to the horn" (a public declaration of outlawry). Once declared in cursu rebellionis, individuals faced severe penalties, including the forfeiture of their movable property to the Crown, loss of legal rights, and even the possibility of being killed without legal recourse. If this status persisted for a year and a day, the person was considered "civilly dead" (civiliter mortuus), meaning they lost all legal capacity and their inherited property would revert to a feudal superior. This harsh legal doctrine was largely abolished in the mid-18th century.

Here are some hypothetical examples illustrating how this historical term would have applied:

• Example 1: Unpaid Debt
  Imagine a wealthy merchant in 17th-century Scotland, Mr. Alistair MacGregor, who borrowed a substantial sum from a powerful nobleman. Despite repeated demands and a formal court order, Mr. MacGregor refused to repay the debt. The nobleman, leveraging his influence, petitioned the Crown to have Mr. MacGregor formally "put to the horn" for his non-compliance. Once this declaration was made public, Mr. MacGregor would have been considered in cursu rebellionis.

  How it illustrates the term: This example shows how a failure to fulfill a civil obligation (repaying a debt), rather than an act of treason, could historically lead to an individual being declared "in the course of rebellion." As a result, Mr. MacGregor would have faced the severe consequences of this status, such as the seizure of his movable assets by the Crown and the loss of his legal protections.

• Example 2: Defiance of a Court Order
  Consider a landowner, Lady Isabella Stewart, who was ordered by a royal court to surrender a disputed parcel of land to a neighboring estate. Lady Stewart, believing the ruling unjust, openly defied the court's decree and refused to vacate the property. After formal warnings and a public proclamation of her non-compliance, she was declared to be in cursu rebellionis.

  How it illustrates the term: This scenario demonstrates how persistent non-compliance with a civil legal process, interpreted as a direct challenge to the Crown's judicial authority, could historically place someone "in the course of rebellion." Lady Stewart's defiance would have resulted in her being stripped of her legal rights and potentially facing forfeiture of her other properties, far beyond the initial land dispute.

• Example 3: Failure to Render Feudal Service
  In a historical context, a tenant farmer, Hamish Campbell, held his land from a baron in exchange for providing a certain number of days of labor and a portion of his harvest each year. One year, Hamish deliberately withheld his labor and produce, despite formal demands from the baron. The baron, as a representative of the Crown's authority, had Hamish formally denounced for his failure to uphold his feudal obligations, thereby declaring him in cursu rebellionis.

  How it illustrates the term: This example highlights how the failure to uphold a fundamental civil obligation within the feudal system, seen as a challenge to the established social and legal order, could have historically resulted in the tenant being declared "in the course of rebellion." Hamish would have faced not only the loss of his tenancy but also the broader legal incapacities associated with being deemed a rebel against the Crown.