Legal Definitions - de excommunicato capiendo

Definition: De excommunicato capiendo is a Latin term used in historical ecclesiastical law. It refers to a writ that orders a sheriff to imprison an excommunicated person until they reconcile with the church.

Example: In the past, if someone was excommunicated from the church, they could be arrested and imprisoned until they made amends with the church. For instance, Mary Ann Dix was imprisoned for two years on a writ de excommunicato capiendo for not paying costs in a suit for defamation.

Explanation: The example illustrates how the writ de excommunicato capiendo was used to enforce appearance and punish contempt in the ecclesiastical courts. It shows how someone could be imprisoned for failing to comply with a court order or for being excommunicated from the church. The writ was later replaced by the writ de contumace capiendo, which was used to arrest contumacious persons who were found to be in contempt by an ecclesiastical court.