Disobedience to or contempt of the ecclesiastical courts is to be punished by a new writ, de contumace capiendo, to follow on the certificate of the judge that the defender is contumacious and in contempt.
The first muttering of the storm which was soon to break was heard in a breve issued in 1741 by Benedict XIV., wherein he denounced the Jesuit offenders as "disobedient, contumacious, captious and reprobate persons," and enacted many stringent regulations for their better government.
And Francis of France in 1516; and the council of Trent, while insisting on far more stringent conditions for lawful marriage than those which had prevailed in the middle ages, imposed at last heavy ecclesiastical penalties on concubinage and appealed to the secular arm for help against contumacious offenders (Sessio xxiv.
The first won because the general trend of the world was in their favor, and because their opponents were blind, contumacious, and divided among themselves.
Declining to appear, she was declared contumacious, and on the 23rd of May the archbishop gave judgment declaring the marriage null and void from the first, and so leaving the king free to marry whom he pleased.