Neminem captivabimus: Difference between revisions

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			{{Refimprove\|date=June 2016}}
	'''''Neminem captivabimus''''' is a legal term in ] and ].
		⚫	'''''Neminem captivabimus''''' is a legal term in ] and ] that was short for ''{{Lang\|la\|neminem captivabimus nisi iure victum}}'' (], "We shall not arrest anyone without a court verdict").

		⚫	In the ] and the ], it was one of the ], stating that the king could neither punish nor imprison any member of the '']'' without a viable court verdict. Its purpose was to release someone who had been arrested unlawfully. ''Neminem captivabimus'' had nothing to do with whether the prisoner is guilty but only with whether ] had been observed.
⚫	~~Short~~ for ''{{~~lang~~\|la\|neminem captivabimus nisi iure victum}}'', (], "We shall not arrest anyone without a court verdict").

		⚫	It was introduced by King ] in the Acts of ] (1430) and ] (1433) and remained in use until the ] (1772–1795). The same acts guaranteed that he would not confiscate any ''szlachta'' property without a court verdict.
⚫	In ] and ] it was one of the ~~basic~~ ~~rights~~, stating that the king ~~can~~ neither punish nor imprison any member of the '']'' without a viable court verdict. Its purpose is to release someone who ~~has~~ been arrested unlawfully. ''Neminem captivabimus'' ~~has~~ nothing to do with whether the prisoner is guilty, only with whether due process ~~has~~ been observed.

			The ] (1791) decided that the privilege be granted to inhabitants of ] who owned ] there and to the ].<ref>{{cite journal\|last=Brzezinski\|first=Mark F.\|title=Constitutional Heritage and Renewal: The Case of Poland\|journal=Virginia Law Review\|date=1991\|volume=77\|issue=1\|pages=49–112\|jstor=1073115\|doi=10.2307/1073115}}</ref>
⚫	It was introduced by ~~king~~ ] in the ~~acts~~ of ] (1430) and ] (1433) and remained in use until the ] (~~from 1772~~). The same acts guaranteed, that he ~~shall~~ not confiscate any ''szlachta'' property without a court verdict.

			==See also==
	The ] (1791) decided that the privilege be granted to ] and inhabitants of cities.
		⚫	* ]

	== ~~See also~~ ==		==References==
			{{reflist}}
⚫	*]

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	{{Poland-hist-stub}}		{{Poland-hist-stub}}
	{{Lithuania-hist-stub}}		{{Lithuania-hist-stub}}
	{{Latin-legal-phrase-stub}}		{{Latin-legal-phrase-stub}}

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Latest revision as of 03:59, 28 January 2023

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Neminem captivabimus is a legal term in Polish and Lithuanian historical law that was short for neminem captivabimus nisi iure victum (Latin, "We shall not arrest anyone without a court verdict").

In the Crown of the Kingdom of Poland and the Polish–Lithuanian Commonwealth, it was one of the szlachta's privileges, stating that the king could neither punish nor imprison any member of the szlachta without a viable court verdict. Its purpose was to release someone who had been arrested unlawfully. Neminem captivabimus had nothing to do with whether the prisoner is guilty but only with whether due process had been observed.

It was introduced by King Władysław Jagiełło in the Acts of Jedlnia (1430) and Kraków (1433) and remained in use until the Partitions of Poland (1772–1795). The same acts guaranteed that he would not confiscate any szlachta property without a court verdict.

The Four-Year Sejm (1791) decided that the privilege be granted to inhabitants of royal cities who owned real property there and to the Polish Jews.

References

Brzezinski, Mark F. (1991). "Constitutional Heritage and Renewal: The Case of Poland". Virginia Law Review. 77 (1): 49–112. doi:10.2307/1073115. JSTOR 1073115.

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Latest revision as of 03:59, 28 January 2023

See also

References