Excommune - Law Dictionary Search Results
Home Dictionary Name: excommune Page: 2Ignorantia facti excusat, ignorantia juris non excusat
Ignorantia facti excusat, ignorantia juris non excusat. (Ignorance of the fact excuses; ignorance of the law excuses not.) The maxim is often cited simply as Ignorantia legis [or juris] neminem excusat. Therefore, first, money paid with full knowledge of the facts, but through ignorance of the law, is not recoverable if there be nothing against conscience in retaining it; and, secondly, money paid in ignor-ance of the facts is recoverable, provided there have been no laches in the party paying it. See MISTAKE. In criminal cases this maxim applies, as if a man should think he has a right to kill a person excommunicated or outlawed wherever he meets him and does so, this is murder. But a mistake of fact is an excuse, as where a man, intending to kill a thief or house-breaker in his own house, by mistake kills one of his own family, this is no criminal action; see 4 Bl. Com 27. Consult Broom's Leg. Max....
Excommunicato recapiendo
Excommunicato recapiendo, a writ commanding that persons excommunicated, who for their obstinacy had been committed to prison, but were unlawfully set free before they had given caution to obey the authority of the church, should be sought after, retaken, and imprisoned again, Reg. Brev. 67....
H'retico comburendo, De
H'retico comburendo, De, an ancient common law writ against a heretic, who having been convicted of heresy by the bishop, abjured it, and afterwards fell into the same again, or some other, and was thereupon delivered over to the secular power in order that he might be burnt to death.-See Fitz. N.B. 269; Lely's Church of England Position, 179; 2 Hen. 4, c. 15; 1 & 2 P. & M. c. 6; 31 Hen. 8, c. 14. By 1 Eliz. c. 1, s. 6, all statutes relating to heresy were repealed, though somehow two men were burnt in her reign and two under James I. by 29 Car. 2, c. 9, s. 1, the writ de h'retico comburendo was abolished, but with a saving for the jurisdiction of Protestant archbishops or bishops or any other judges of any ecclesiastical courts to punish, according to his Majesty's ecclesiastical laws, 'atheism, blasphemy, heresy, or schism and other damnable doctrines and opinions by excommunication, deprivation, degradation, and other ecclesiastical censures not extending to death'in such sort and n...
Cautione admittenda
Cautione admittenda, a writ that lies against a bishop who holds an excommunicated person in prison for contempt, notwithstanding he offers sufficient caution or security to obey the orders and commandment of the church for the future, Reg. Brev. 66....
Ipso facto
Ipso facto (by the very act itself). A censure of excommunication in the Ecclesiastical Court, immediately incurred for divers offences, after lawful trial....
Legalis homo
Legalis homo, a person who stands rectus incuria, neither outlawed, excommunicated, nor infamous....
Contumace capiendo
Contumace capiendo. Excommunication in all cases of contempt in the spiritual courts is discontinued by 53 Geo. 3, c. 127, s. 2, and in lieu thereof, where a lawful citation or sentence has not been obeyed, the judge has power, after a certain period, to pronounce such person contumacious and in contempt, and to signify the same to the Court of Chancery, whereupon a writ de contumace capiendo issues from the High Court of Justice (Chancery Division), 2 & 3 Wm. 4, C. 93; 3 & 4Vict. c. 93, and Clergy Discipline Act, 1892, s. 7. See Ex parte Bell Cox, (1887) 20 QBD 1; CONTEMPT OF COURT....
Bishop
Bishop [fr. 'plokopoV, Gk. Biscop, Sax.], an overseer or superintendent. The chief of the clergy in his diocese or jurisdiction in England, Wales, or Ireland, and the archbishop's suffragan or assistant. A bishop is elected by the king's cong' d' 'lire, or license to elect the person named by the king, accompanied, by virtue of 25 Hen. 8, c. 20, by a letter-missive, addressed to the dean and chapter; and if they fail to make election in twelve days, the king, by letters-patent, may nominate whom he pleases. A bishop is said to be installed, and there are four things necessary to his complete title: (1) election, which resembles the presentation of a clerk to an ecclesiastical benefice; (2) confirmation, which cannot be opposed on doctrinal grounds: see Reg. v. Archbishop of Canterbury, 1902 KB 503, under title CONFIRMATION OF BISHOPS; (3) consecration, similar to institution; (4) installation, answering to induction. The bishop are the lords spiritual in Parliament: see HOUSE OF LORDS....
Catechise
Catechise. Ministers of the Church of England, by Canon 59, headed 'Ministers to catechise every Sunday,' are directed 'upon every Sunday and holy-day, before Evening Prayer' 'for half an hour or more' to 'examine and instruct the youth and ignorant persons' of their parishes 'in the Ten Commandments, the Articles of the Belief and in the Lord's Prayer,' on pain of sharp reproof upon the first complaint for neglect of duty, suspension for the second offence, and, 'there being little hope that the minister will be therein reformed', of excommunication for the third, to continue until reformation; and see also the Rubrics subjoined in the Prayer Book to the Church Catechism....
Brawling
Brawling [fr. brailler, Fr., to brawl], the offence of quarrelling, or creating a disturbance in the church or churchyard, punished by 5 & 6 Edw. 4, c. 4 [partly repealed by 9 Geo. 4, c. 31, s. 1, and wholly repealed as to laymen by the (English) Ecclesiastical Courts Jurisdiction Act, 1860 (23 & 24 Vict. c. 32)], by excommunication and suspension, and also, by the unrepealed but disused 1 Mary, st. 2, c. 3, by imprisonment until the party repent.By the Act of 1860, persons guilty of riotous, violent, or indecent behaviour in churches and chapels of the Church of England or Ireland, or in any chapel of any religious denomination, or in England in any place of religious worship duly certified under the (English) Places of Worship Registration Act, 1855 (18 & 19 Vict. c. 81), or in church-yards or burial grounds, on conviction before two justices are made liable to a penalty of not more than 5l., or imprisonment for any term not exceeding two months, See Matthews v. King, (1934) 1 KB 505...
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