Contumacy is a stubborn refusal to obey authority or, particularly in law, the willful contempt of the order or

summons A summons (also known in England and Wales as a claim form and in the Australian state of New South Wales as a court attendance notice (CAN)) is a legal document issued by a court (a ''judicial summons'') or by an administrative agency of governme ...

of a court (see

contempt of court Contempt of court, often referred to simply as "contempt", is the crime of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice, and dignity of the cour ...

). The term is derived from the

Latin Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through ...

word ''contumacia'', meaning firmness or stubbornness. In

English English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national ...

ecclesiastical law Canon law (from grc, κανών, , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. It is t ...

, it was contempt of the authority of an

ecclesiastical court An ecclesiastical court, also called court Christian or court spiritual, is any of certain courts having jurisdiction mainly in spiritual or religious matters. In the Middle Ages, these courts had much wider powers in many areas of Europe than be ...

and was dealt with by the issue of a

writ In common law, a writ (Anglo-Saxon ''gewrit'', Latin ''breve'') is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, a ...

from the

Court of Chancery The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid a slow pace of change and possible harshness (or "inequity") of the common law. The Chancery had jurisdiction over all matters of equ ...

at the instance of the judge of the ecclesiastical court. This writ took the place of the ''de excommunicato capiendo'' in 1813, by an act of

George III George III (George William Frederick; 4 June 173829 January 1820) was King of Great Britain and of Ireland from 25 October 1760 until the union of the two kingdoms on 1 January 1801, after which he was King of the United Kingdom of Great Br ...

(see

excommunication Excommunication is an institutional act of religious censure used to end or at least regulate the communion of a member of a congregation with other members of the religious institution who are in normal communion with each other. The purpose ...

). In the U.S., while not expressly mentioned in the U.S. Constitution, the courts have long asserted an inherent power of judges to punish such refusal, which in this context is known as ''

''. The U.S. Supreme Court recognized federal courts' inherent power to imprison a person for contumacy in '' United States v. Hudson & Goodwin'' without a reference to a definition of contumacy in common or statutory law.United States v. Hudson & Goodwin
11 U.S. (7 Cranch) 32

References

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See also

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Further reading