Legal Definitions - de contumace capiendo

Definition: De contumace capiendo is a Latin term used in law that means "for arresting a contumacious person." It refers to a writ that is 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 the power of ecclesiastical courts to excommunicate litigants who failed to comply with a court order. Instead, the writ de contumace capiendo was used to arrest those who were found to be in contempt.

For example, if someone was ordered by an ecclesiastical court to pay a fine but refused to do so, the court could request a writ de contumace capiendo to have that person arrested and brought before the court.

This writ was created to replace the writ de excommunicato capiendo, which was used before the Ecclesiastical Courts Act of 1813. The writ de excommunicato capiendo allowed ecclesiastical courts to excommunicate litigants who failed to comply with a court order, but it was abolished because it was seen as too harsh.

Overall, de contumace capiendo was a way for ecclesiastical courts to enforce their orders and ensure that litigants complied with their rulings.