Neminem captivabimus

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Neminem captivabimus is a legal term in Polish historical law.

Short for nullum terrigenam possessionatum capiemus, nisi judicio rationabiliter fuerit convictus, (Latin, "We shall not arrest anyone without a court verdict").

In Poland and Polish-Lithuanian Commonwealth it was one of the basic rights, stating that the king can neither punish nor imprison any member of the szlachta without a viable court verdict. Its purpose is to release someone who has been arrested unlawfully. Neminem captivabimus has nothing to do with whether the prisoner is guilty, only with whether due process has been observed.

It was introduced by king Władysław Jagiełło in the acts of Jedlnia (1430) and Kraków (1433) and remained in use until the Partitions of Poland (from 1772). The same acts guaranteed, that he shall not confiscate any szlachta property without a court verdict.

The Four-Year Sejm (1791) decided that the privilege be granted to bourgeoisie and inhabitants of cities.


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