In ecclesiastical law, the contempt of the authority of an ecclesiastical court is dealt with by the issue of a writ de contumace capiendo from the court of chancery at the instance of the judge of the ecclesiastical court; this writ took the place of that de excommunicato capiendo in 1813, by an act of George III.
The bailiff then becomes liable for non-execution, mis-execution or insufficient return of any writs, and in the case of non-return of any writ, if the sheriff returns that he has delivered the writ to a bailiff of a liberty, the sheriff will be ordered to execute the writ notwithstanding the liberty, and must cause the bailiff to attend before the high court of justice and answer why he did not execute the writ.
The writ in which the title was conferred was called a diploma.
This writ was one transferring cases concerning the ownership of property from the courts of the feudal lords to those of the king.
This kind of writ allowed a man to refer the question of his guilt or innocence to the verdict of his neighbours instead of proving his innocence by the duel.
Charles directed a writ quo warranto against the corporation of London in 1683, and the Court of King's Bench declared its charter forfeited.
Some have supposed that a writ of that name is as old as the common law, but its execution might be arrested by a pardon from the crown.
Disobedience to or contempt of the ecclesiastical courts is to be punished by a new writ, de contumace capiendo, to follow on the certificate of the judge that the defender is contumacious and in contempt.
The pamphlet is supposed to have been written by Chrysostomus Dudulaeus of Westphalia and printed by one Christoff Crutzer, but as no such author or printer is known at this time - the latter name indeed refers directly to the legend - it has been conjectured that the whole story is a myth invented to support the Protestant contention of a continuous witness to the truth of Holy Writ in the person of this "eternal" Jew; he was to form, in his way, a counterpart to the apostolic tradition of the Catholic Church.
And Edward VI., and was enforced by ecclesiastical censures and the writ De excommunicate capiendo; and an act 2 & 3 Edw.
After the conquest of the Hausa States in1902-1903the king's writ ran - with the exception of a few districts inhabited by primitive savages - through the whole area known as Northern Nigeria.
Immediately the powers protested against this infraction of the law of liquidation, and the Caisse applied for a writ to the Mixed Tribunals.
Five times he was expelled and five times re-elected by his constituents, till at last the government refused to issue a writ, and for three years York was without one of its representatives.
Feudalism was not yet dead, and in the north and west there were medieval franchises in which the royal writ and common law hardly ran at all.
Rep. 190, 217); Notes on the King's Writ for choosing Members of Parliament ...
The wish expressed by the Whigs, that a member of the electoral family should be invited to England, had already aroused the queen's indignation in 1708; and now, in 1714, a writ of summons for the electoral prince as duke of Cambridge having been obtained, Anne forbade the Hanoverian envoy, Baron Schutz, her presence, and declared all who supported the project her enemies; while to a memorial on the same subject from the electress Sophia and her grandson in May, Anne replied in an angry letter, which is said to have caused the death of the electress on the 8th of June, requesting them not to trouble the peace of her realm or diminish her authority.
Typhon: a Burlesque Poem (1704); Aesop Dress'd, or a Collection of Fables writ in Familiar Verse (1704); The Planter's Charity (1704); The Virgin Unmasked (1709, 1724, 1731, 1742), a work in which the coarser side of his nature is prominent; Treatise of the Hypochondriack and Hysterick Passions (1711, 1715, 1730) admired by Johnson (Mandeville here protests against merely speculative therapeutics, and advances fanciful theories of his own about animal spirits in connexion with "stomachic ferment": he shows a knowledge of Locke's methods, and an admiration for Sydenham); Free Thoughts on Religion (1720); A Conference about Whoring (1725); An Enquiry into the Causes of the Frequent Executions at Tyburn (1725); The Origin of Honour and the Usefulness of Christianity in War (1732).
In June Shaftesbury applied for a writ of habeas corpus, but could get no release until the 26th of February 1678, after his letter and three petitions to the king.
The Brahman priest (brahma) being thus the recognized head of the sacerdotal order (brahma), which itself is the visible embodiment of sacred writ and the devotional spirit pervading it (brahma), the complete realization of theocratic aspirations required but a single step, which was indeed taken in the theosophic speculations of the later Vedic poets and the authors of the Brahmanas (q.v.), viz.
He merely corrects slackness or lack of doing justice (Si archiepiscopus defecerit in justitia exhibenda) and by his writ (precepto) directs the controversy to be determined in the metropolitan's court.
Thus when a writ of significavit issued on the mandate of a bishop, an appeal to Rome availed not to stay execution; but if there were an appeal to the archbishop it was otherwise.
A royal writ of the 16th century cited by Covarruvias (c. xxxv.) prohibits execution of the sentence of a Spanish court Christian pending an appeal to the pope.
Early in Henry II.'s time it had become the custom of England for the court Christian: to "signify" its sentence of excommunication to the king and to demand from him a writ of significavit to the sheriff, to imprison the person excommunicated.
The writ apparently issued for no court inferior to the bishop's, unless upon the bishop's request.
In some sense the king's writ of significavit was discretionary; but its issue could be enforced by excommunication or interdict.
Monitions to amend may be decreed and be enforced by significavit and writ de contumace capiendo, or by excommunication with imprisonment not to exceed six months (53 Geo.
After washing our hands and lighting the lamps, each is invited to sing a hymn before all to God, either taken from holy writ or of his own composition.
He was summoned to the Irish House of Peers as Viscount Valentia, but was denied his writ to the parliament of Great Britain by a majority of one vote.
Gherardo, however, did not say, as has been supposed, that Joachim's books were the new gospel, but merely that the Calabrian abbot had supplied the key to Holy Writ, and that with the help of that intelligentia mystica it would be possible to extract from the Old and New Testaments the eternal meaning, the gospel according to the Spirit, a gospel which would never be written; as for this eternal sense, it had been entrusted to an order set apart, to the Franciscan order announced by Joachim, and in this order the ideal of the third age was realized.
In civil arbitration, the decision or award may be made a rule of court, after which it becomes enforceable by writ of execution against person or property.
In Sigismund's reign the feudal system, for the first time, became deeply rooted in Magyar soil, and it is a lamentable fact that in 15th-century Hungary it is to be seen at its very worst, especially in those wild tracts, and they were many, in which the king's writ could hardly be said to run.
The writ was abolished by 29 Car.II.
The protector, hearing of his "grievous complaint," sent him a writ, and Lenthall was elated at believing he had secured a peerage.
In the law of England sentence of excommunication, upon being properly certified by the bishop, was followed by the writ de excommunicato capiendo for the arrest of the offender.
In March 1604 Bancroft, on Whitgift's death, was appointed by royal writ president of convocation then assembled; and he there presented a book of canons collected by himself.
During the war that followed the west section was generally loyal to the north while the south section favoured the Confederacy and furnished many soldiers for its army; but most of the state was kept under Federal control, the writ of habeas corpus being suspended.
In the reign of Edward I., whose warlike enterprises after he was king were confined within the four seas, this alteration does not seem to have proceeded very far, and Scotland and Wales were subjugated by what was in the main, if not exclusively, a feudal militia raised as of old by writ to the earls and barons and the sheriffs.'
In consequence of these conflicting verdicts, the whole matter was brought, by a writ of scire facias, before the court of King's Bench, to have the validity of the patent finally settled, and it was not till this third trial, which took place in June 1785, that Arkwright's claim to the inventions which formed the subject of the patent was disputed.
Randolph sent back many charges, especially against Massachusetts, with the effect that, in 1684, the charter of that colony was annulled by a decree in Chancery on a writ of quo warranto.
Limits the use of the writ known as Praecipe.
(k) In England the Constitutions of Clarendon added a provision for appeal to the king, " and if the archbishop shall have failed in doing justice recourse is to be had in the last resort (postremo) to our lord the king, that by his writ the controversy may be ended in the court of the archbishop; because there must be no further process without the assent of our lord the king."
No charter has been found, but a judgment given under a writ of quo warranto in 1578 confirms to the burgesses freedom from toll, passage and pontage, the tolls and stallage of the quay and the right to hold two fairs - privileges which they claimed under charters of Baldwin de Redvers and Isabel de Fortibus, countess of Albemarle, in the 13th century, and Edward Courtenay, earl of Devon, in 1405.
A writ for the election of a member to parliament was issued in the reign of Edward III., but no return was made.
' The Hierozoicon of Bochart - a treatise on the animals named in Holy Writ - was published in 1619.
Tithes were generally recovered by a writ against the owner of the tithable property usually brought in the ecclesiastical courts (questions of title to tithes being reserved to the temporal courts), the jurisdiction of which in this respect was confirmed by the statutes Circumspecte agatis (13 Edw.
He was convicted (February 1844) after the trials that followed, but they were not good specimens of equal justice, and the sentence of imprisonment for a year and a fine of £2000 was reversed on a writ of error by the House of Lords (September 1844), and he and his colleagues were again free.
The Falls of Princes, again, is merely the Monk's Tale " writ large."
208 the emperor Septimius Severus carried out an extensive punitive expedition against the northern tribes, but while it is doubtful how far he penetrated, it is certain that after his death the Roman writ never again ran north of Cheviot.
Peck, led an unsuccessful movement to increase the number of Supreme Court judges and to relieve them of their circuit duties, and succeeded in defeating an attempt to repeal the twenty-fifth section of the Judiciary Act of 1789, which gave the Supreme Court appellate jurisdiction by writ of error to the state courts in cases where federal laws and treaties are in question.
Their remedy was to apply for a little writ of right in the first case and for a writ of monstraverunt in the second.
These writs entitled them to appear as plaintiffs against the lord in his own manorial court and, eventually, to have the question at issue examined by way of appeal, on a writ of error, or by reservation on some legal points in the upper courts of the king.