De contumace capiendo (literally, "Of (for) contempt seize him!") is a writ issued out of the Court of Chancery for the arrest of a defendant who is in contempt of an ecclesiastical court. [1] It was created when Parliament intervened in 1813 to strip the Church of the power to excommunicate for contempt by writ de excommunicato capiendo. [2]
Contempt of court, often referred to simply as "contempt", is the offense of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice, and dignity of the court. A similar attitude toward a legislative body is termed contempt of Parliament or contempt of Congress. The verb for "to commit contempt" is contemn and a person guilty of this is a contemnor.
Habeas corpus is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful.
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, and Certiorari are common types of writ, but many forms exist and have existed.
A writ of prohibition is a writ directing a subordinate to stop doing something the law prohibits. This writ is often issued by a superior court to the lower court directing it not to proceed with a case which does not fall under its jurisdiction.
A writ of assistance is a written order issued by a court instructing a law enforcement official, such as a sheriff or a tax collector, to perform a certain task. Historically, several types of writs have been called "writs of assistance". Most often, a writ of assistance is "used to enforce an order for the possession of lands". When used to evict someone from real property, such a writ is also called a writ of restitution or a writ of possession. In the area of customs, writs of assistance were a product of enactments of the British Parliament beginning with the Customs Act of 1660 though the first mention of the phrase was in the follow-up Customs Act of 1662. The writs of assistance were issued by the Court of Exchequer to help customs officials search for smuggled goods. These writs were called "writs of assistance" because they called upon sheriffs, other officials, and loyal subjects to "assist" the customs official in carrying out his duties.
Replevin or claim and delivery is a legal remedy, which enables a person to recover personal property taken wrongfully or unlawfully, and to obtain compensation for resulting losses.
Significavit is an obsolete writ in English ecclesiastical law, issued out of chancery, that a man be excommunicated for forty days, and imprisoned until he submits himself to the authority of the church. It is synonymous with the writ de excommunicate capiendo.
A High Court enforcement officer (HCEO) is an officer of the High Court of England and Wales responsible for enforcing judgements of the High Court, often by seizing goods or repossessing property. Prior to 2004, HCEOs were known as sheriff's officers and were responsible for enforcing High Court writs on behalf of the high sheriff for each county, but they are now directly responsible for such writs. HCEOs operate only in England and Wales.
Contumacy is a stubborn refusal to obey authority or, particularly in law, the willful contempt of the order or summons of a court. The term is derived from the Latin word contumacia, meaning firmness or stubbornness.
Apostate capiendo was an old English writ against an individual. It prescribed the arrest of a person, who having entered and professed some religious order, broke from his cloister, contrary to the rules of his order.
A writ of attachment is a court order to "attach" or seize an asset. It is issued by a court to a law enforcement officer or sheriff. The writ of attachment is issued in order to satisfy a judgment issued by the court. A prejudgment writ of attachment may be used to freeze assets of a defendant while a legal action is pending. Common grounds for obtaining a prejudgment writ of attachment are that a defendant has committed fraud or that a defendant is prepared to hide assets from a court.
An order to show cause is a type of court order that requires one or more of the parties to a case to justify, explain, or prove something to the court. Courts commonly use orders to show cause when the judge needs more information before deciding whether or not to issue an order requested by one of the parties. For example, if a party requests that the court find another party in contempt of an existing court order, the judge will typically issue an "Order to Show Cause Re Contempt" to the party accused of being in contempt of court. At the hearing on the order to show cause concerning contempt the judge will take evidence from both sides concerning the alleged failure to comply with the court order. Appellate courts often issue orders to show cause to lower courts requesting that the lower court explain why the appellant should not be granted the relief requested by the writ or appeal. An order to show cause is always an interim order.
In most legal systems of the Spanish-speaking world, the writ of amparo is a remedy for the protection of constitutional rights, found in certain jurisdictions. The amparo remedy or action is an effective and inexpensive instrument for the protection of individual rights.
The Writ De Excommunicato Capiendo Act 1562 was an Act of the Parliament of England.
A writ which lies for the tenants of ancient demesne who hold by free charter, and not for those tenants who hold by copy of court roll, or by the rod, according to the custom of the manor.
Curia claudenda is an old English writ, used to compel a party to enclose his land.
A de excommunicato deliberando is a writ which issued out of chancery to release a prisoner from the county jail after the bishop had certified the prisoner's reconciliation with the Church, following his arrest and imprisonment under a writ de excommunicato capiendo.
In re Oliver, 333 U.S. 257 (1948), was a decision by the United States Supreme Court involving the application of the right of due process in state court proceedings. The Sixth Amendment in the Bill of Rights states that criminal prosecutions require the defendant "... to be informed of the nature and cause of the accusation...and to have the Assistance of Counsel for his defence." In this case, a witness in a Michigan grand jury hearing was convicted and sentenced to jail without either notice or attorney assistance.
The 2nd Parliament of Queen Elizabeth I was summoned by Queen Elizabeth I of England on 10 November 1562 and assembled on 11 January 1563. The stated intentions of summoning the Parliament were similar to that of Elizabeth's first Parliament i.e. to resolve the religious issue and to approve funds for the defence of the realm. Thomas Williams, sitting for Exeter, was elected Speaker of the House of Commons.
Massachusetts House of Representatives' 3rd Berkshire district in the United States is one of 160 legislative districts included in the lower house of the Massachusetts General Court. It covers part of Pittsfield in Berkshire County. Democrat Tricia Farley-Bouvier of Pittsfield has represented the district since 2011.