Legal Definitions - comitatu commisso

The Latin term comitatu commisso refers to a historical legal document or formal order that authorized a sheriff to assume control and responsibility for a specific county.

In essence, it was the official instrument that formally appointed a sheriff to their post, granting them the necessary authority to maintain law and order, administer justice, and manage the county's affairs on behalf of the crown or ruling power.

• Example 1: Royal Appointment After a Rebellion

  Imagine a scenario in medieval England where a local lord's rebellion had destabilized a county, leading to widespread lawlessness. After the rebellion was suppressed, the King would issue a comitatu commisso to a newly appointed, loyal sheriff. This document would formally empower the new sheriff to restore order, apprehend remaining rebels, and re-establish the King's authority throughout the county.

  This illustrates the term because the comitatu commisso serves as the official writ from the King, granting the designated sheriff the explicit authority to take charge of the county and its governance following a period of unrest.

• Example 2: Succession of a Sheriff

  Consider a situation in the 13th century where an aging sheriff of a prosperous county decided to retire, or perhaps passed away. To ensure a smooth transition and continuous governance, the monarch or a high-ranking official would issue a comitatu commisso to the chosen successor. This document would formally transfer the powers and responsibilities of the sheriff's office to the new individual, enabling them to legally assume command of the county's administrative and judicial functions.

  Here, the comitatu commisso is the formal commission that legally authorizes the new sheriff to take charge of the county, ensuring there is no lapse in the official administration and enforcement of laws.

• Example 3: Establishing Authority in Newly Acquired Territories

  Suppose a kingdom expanded its borders, incorporating a new region that needed to be integrated into its administrative structure. To bring this new territory under central control, the King might issue a comitatu commisso to a trusted individual, designating them as the first sheriff of the newly formed county. This writ would grant them the full authority to establish royal law, collect taxes, and organize the local administration within that specific geographic area.

  This example demonstrates the term as the comitatu commisso is the foundational legal instrument that bestows upon the sheriff the power to officially take charge of and govern the newly defined county.