Legal Definitions - contumace capiendo

Definition: Contumace capiendo is a legal term that refers to a writ issued by the Court of Chancery at the request of an ecclesiastical court that has found a person to be in contempt. This writ was used after the Ecclesiastical Courts Act of 1813 removed ecclesiastical courts' power to excommunicate litigants who failed to comply with a court order.

Example: In 1812, Mary Ann Dix was imprisoned for two years on a writ de excommunicato capiendo for not paying costs in a suit for defamation. This case led to the enactment of a law in 1813 that replaced the writ de excommunicato capiendo with the writ de contumace capiendo.

Explanation: The example illustrates how the writ de contumace capiendo was used as a replacement for the writ de excommunicato capiendo after the Ecclesiastical Courts Act of 1813. It shows how the writ was used to arrest a person who was found to be in contempt of court.