Legal Definitions - significavit

A significavit was a historical legal document originating in ecclesiastical (church) law. It served as a formal notification from a bishop to the Crown (the state) in England, certifying that an individual had been excommunicated from the church for an extended period, typically more than 40 days. This certificate was a crucial step that could lead to the issuance of a writ by the state, authorizing the arrest and imprisonment of the excommunicated person for their continued disobedience to church authority.

• Example 1: Imagine a wealthy landowner in 16th-century England who consistently refused to pay tithes (church taxes) and openly defied the local bishop's decrees. After repeated warnings and a formal excommunication that lasted for several months, the bishop would issue a significavit. This document would formally certify to the royal court that the landowner remained excommunicated and unrepentant for over 40 days.

  Explanation: This illustrates the significavit as the bishop's formal certification of prolonged excommunication, a necessary precursor for state intervention. It highlights the church's formal communication to the secular authorities about a serious and unaddressed breach of religious law.

• Example 2: Consider a scholar in medieval England who published writings deemed heretical by the church, leading to his excommunication. When he continued to preach his views despite the church's condemnation, the bishop, after 40 days of his excommunication, sent a significavit to the King's Chancery. Based on this official church notice, the Crown would then issue a writ for the scholar's arrest and imprisonment, compelling him to answer for his defiance of both ecclesiastical and, by extension, state authority.

  Explanation: This example shows how the significavit acted as the bridge, prompting the state to use its power of arrest and imprisonment against an individual who remained excommunicated and disobedient to church law. It demonstrates the direct link between the church's formal declaration and the state's enforcement action.