Legal Definitions - excommunicato recapiendo

Excommunicato recapiendo is a Latin term used in historical ecclesiastical law. It refers to a writ that commands the authorities to find, retake, and imprison an excommunicant who had been committed to prison for obstinacy but was unlawfully freed before agreeing to obey the church's authority.

An example of excommunicato recapiendo would be if a member of a church was excommunicated for refusing to follow the church's teachings. If that member was then imprisoned for their obstinacy but was later released without agreeing to obey the church's authority, the church could issue a writ of excommunicato recapiendo to have them found, retaken, and imprisoned again.

Another example could be if a bishop excommunicated a priest for breaking church laws. If the priest was then imprisoned for their actions but was later released without agreeing to follow the bishop's authority, the bishop could issue a writ of excommunicato recapiendo to have them found, retaken, and imprisoned again.

These examples illustrate how excommunicato recapiendo was used in historical ecclesiastical law to enforce the authority of the church and ensure that excommunicants who refused to obey were punished accordingly.