ARRESTANDO IPSUM QUI PECUNIAM RECEPIT

1 definition found across Law Mind sources

ARRESTANDO IPSUM QUI PECUNIAM RECEPITAuthored
The Law Mind • 631 words
Definition
A writ of medieval English law commanding the arrest of a person who had accepted the king's "prest money" — an advance payment given to soldiers upon enlistment — and then concealed himself to avoid military service. The writ authorized the apprehension of such a person and his delivery for compelled service in the king's wars. The name is Latin for, roughly, "for arresting the person who received the money."
Why It Matters in Research
This term is a relic of medieval English military administration and will appear almost exclusively in antiquarian legal dictionaries, old English law treatises, and historical scholarship on feudal military obligation. Researchers encountering it should treat it as a period-specific procedural instrument, not as a writ with any surviving common law or statutory analogue. Several navigational points are worth flagging: First, the hyphenated spelling "Pecu-Niam" in some dictionary entries (including the Black's supplemental source) is a line-break artifact from typesetting, not an alternate spelling. In Latin and in properly transcribed sources, the word is "pecuniam" — accusative of "pecunia," meaning money. Researchers searching digitized historical sources should search both forms to avoid missed hits. Second, this writ belongs to a cluster of medieval English writs governing military impressment and enlistment. Researchers who encounter it in a primary source should look to surrounding context for companion writs dealing with muster, desertion, and the related machinery of raising armies under the crown's prerogative. The writ is distinct from general warrants of arrest and from writs governing civil debt, despite superficial similarities. Third, "prest money" (sometimes "press money," though technically a distinct concept) itself requires careful handling. In medieval usage, prest money was a voluntary advance — consideration given to secure a soldier's service — which then created a quasi-contractual obligation enforceable by this writ. Researchers should not conflate it with later impressment, which was compulsory and carried no such advance payment. The confusion between "prest" (from Old French, meaning a loan or advance) and "press" (as in forced conscription) is well-documented in historical legal literature. Fourth, because this writ operated under royal prerogative rather than ordinary common law process, it will not appear in the standard Year Books or plea rolls as a routine writ. It is far more likely to surface in treatises on prerogative writs, in the records of the Chancery, or in secondary scholarship on medieval military organization.
Historical Dictionary Support
Black's Law Dictionary (2nd Ed., Supplemental) provides the only entry among the available sources. The definition is spare but accurate in its essentials: the writ issued against one who had taken the king's prest money and then hidden himself to avoid going to war. Black's gives no further procedural detail — no indication of which court issued the writ, what return was required, or how enforcement was carried out. This minimalism is characteristic of how antiquarian writs were treated in the late nineteenth and early twentieth century legal dictionaries: enough to identify the term if encountered, but not enough to reconstruct the writ's operation. Researchers needing fuller treatment should consult Fitzherbert's Natura Brevium or later antiquarian syntheses of medieval English writ practice, where writs of this character are more thoroughly catalogued. No substantive divergence exists across sources because no competing dictionary entry is available for comparison.
Jurisdictional Note
This writ was specific to the English crown and has no counterpart in American law. It has been obsolete since the demise of the medieval system of royal military recruitment by advance payment. It carries no relevance to modern military enlistment law in any jurisdiction.
Related Terms
Prest Money — Impressment — Prerogative Writs — Muster — Writ of Capias — Desertion (historical English military law) — King's Bench (jurisdiction over prerogative writs)

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