Legal Definitions - restitutione extracti ab ecclesia

Restitutione extracti ab ecclesia

This Latin term refers to a historical legal order, issued under ecclesiastical law, that commanded the return of an individual to the protection or jurisdiction of the Church. This order was typically issued when someone had been forcibly removed from a church or its sanctuary, or otherwise alienated from the church community, due to being suspected or accused of a serious crime (a felony).

• Example 1: Cleric Accused of Embezzlement

  Imagine a medieval priest, Father Benedict, who was accused by local secular authorities of embezzling funds from the village treasury. Despite his claims of clerical immunity, which meant he should be tried by an ecclesiastical court, the sheriff forcibly removed him from his parish and imprisoned him in the local secular jail. If a subsequent investigation by the bishop found the accusation to be entirely false, a writ of restitutione extracti ab ecclesia could be issued. This writ would legally compel the secular authorities to release Father Benedict and return him to the jurisdiction and protection of the Church, thereby restoring him to the ecclesiastical community from which he was unlawfully extracted.

• Example 2: Sanctuary Seeker Unlawfully Removed

  Consider a commoner named Thomas, who was suspected of a serious assault and fled to a cathedral, seeking sanctuary. Under the established laws of sanctuary, he was protected from immediate arrest by secular authorities while within the church grounds. However, a group of royal guards, disregarding these laws, forcibly entered the cathedral and dragged Thomas out to face secular justice. The local bishop, upon learning of this clear violation of ecclesiastical privilege, could petition for a restitutione extracti ab ecclesia. If granted, this writ would legally require the royal guards to return Thomas to the cathedral's sanctuary, upholding the Church's right to provide refuge and ensuring he was restored to the ecclesiastical protection from which he was unlawfully extracted.

• Example 3: Layperson Excommunicated on False Accusation

  Suppose a prominent merchant, Lady Eleanor, was falsely accused of treason against the crown, a capital felony. Under immense pressure from the king, the local ecclesiastical court, perhaps without a full investigation, excommunicated her and forbade her from entering any church, effectively removing her from the church community. Later, irrefutable evidence emerged proving Lady Eleanor's innocence. In this situation, Lady Eleanor or her family could petition for a restitutione extracti ab ecclesia. This writ would serve to formally lift the excommunication and restore her to full communion with the Church, allowing her to participate in religious life once more. It would legally reverse her prior extraction from the church community based on a now-disproven felony accusation.