Neminem captivabimus

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Neminem captivabimus is a legal term from Polish-Lithuanian history and is the short form for “neminem captivabimus nisi iure victum” (Latin for “We shouldn't arrest anyone without a court judgment”).

In Poland-Lithuania it was one of the basic rights of the nobility and said that no member of the Szlachta could be arrested or punished without a due process and judgment. Its purpose was also to be able to release someone who was illegally detained. Neminem captivabimus does not necessarily have to do with whether the prisoner is guilty or innocent, but only whether a lawful trial can be witnessed.

This privilege was granted by King Władysław II Jagiełło in the laws of Jedlnia (1430) and Cracow (1433) and remained in force until the partitions of Poland (1772 to 1795). The same laws also stipulated that the crown could not confiscate any property of a member of the Szlachta without a judicial judgment. The Repnin Sejm from 1767 to 1768 confirmed Neminem captivabimus as an inviolable cardinal right of the Szlachta. The four-year-old Sejm from 1791 to 1795 decided that this privilege should be extended to the bourgeoisie and the inhabitants of cities.

See also