View source for Neminem captivabimus

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{{Constitutions of Poland}}
'''''Neminem captivabimus''''' is a legal term in  [[History of Poland|Polish]] and [[History of Lithuania|Lithuanian historical law]] that was short for ''{{Lang|la|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 III of Poland|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 city|royal cities]] who owned [[real property]] there and to the [[Polish Jews]].<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>

==See also==
* [[Habeas corpus]]

==References==
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{{DEFAULTSORT:Neminem Captivabimus}}
[[Category:15th-century establishments in Poland]]
[[Category:Polish–Lithuanian Commonwealth]]
[[Category:Legal history of Lithuania]]
[[Category:Legal history of Poland]]
[[Category:1430 establishments in Europe]]


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