In ecclesiastical law, the contempt of the authority of an ecclesiastical court is dealt with by the issue of a writ de contumace capiendo from the court of chancery at the instance of the judge of the ecclesiastical court; this writ took the place of that de excommunicato capiendo in 1813, by an act of George III.
The bailiff then becomes liable for non-execution, mis-execution or insufficient return of any writs, and in the case of non-return of any writ, if the sheriff returns that he has delivered the writ to a bailiff of a liberty, the sheriff will be ordered to execute the writ notwithstanding the liberty, and must cause the bailiff to attend before the high court of justice and answer why he did not execute the writ.
Five times he was expelled and five times re-elected by his constituents, till at last the government refused to issue a writ, and for three years York was without one of its representatives.
The wish expressed by the Whigs, that a member of the electoral family should be invited to England, had already aroused the queen's indignation in 1708; and now, in 1714, a writ of summons for the electoral prince as duke of Cambridge having been obtained, Anne forbade the Hanoverian envoy, Baron Schutz, her presence, and declared all who supported the project her enemies; while to a memorial on the same subject from the electress Sophia and her grandson in May, Anne replied in an angry letter, which is said to have caused the death of the electress on the 8th of June, requesting them not to trouble the peace of her realm or diminish her authority.
This writ was one transferring cases concerning the ownership of property from the courts of the feudal lords to those of the king.