Legal Definitions - comminatorium

A comminatorium was a historical legal clause, typically found at the end of a writ (a formal written order from a court). This clause served as a stern warning or admonition to the sheriff, or other officer responsible for executing the writ, emphasizing the importance of faithfully and diligently carrying out the court's instructions. It essentially reminded the officer of their duty and the potential consequences of failing to perform it correctly.

Here are some examples of how a comminatorium might have been used:

• Example 1: Writ of Seizure for Debt

  Imagine a court in the 17th century issued a writ instructing the local sheriff to seize specific assets from a debtor to satisfy a judgment. The writ would conclude with a comminatorium, a clause sternly reminding the sheriff to diligently identify and secure only the assets specified in the writ, ensuring no property was overlooked or improperly taken, and to report back to the court accurately. This illustrates the clause's function as a warning to ensure the sheriff's faithful execution of the court's order regarding property seizure, preventing errors or abuses.

• Example 2: Writ of Habeas Corpus

  Consider a scenario where a judge issued a writ of habeas corpus, commanding the sheriff to bring a particular prisoner before the court immediately to determine the legality of their detention. The writ would contain a comminatorium, cautioning the sheriff about the critical importance of promptly and safely producing the prisoner as ordered, without delay or deviation, given the fundamental rights involved. Here, the comminatorium underscored the urgency and seriousness of the sheriff's duty in a matter concerning personal liberty, emphasizing strict compliance.

• Example 3: Writ of Attachment for Contempt

  Suppose a court issued a writ of attachment, instructing the sheriff to arrest a person who had failed to appear in court after being properly summoned, thus being in contempt of court. The writ would include a comminatorium, admonishing the sheriff to execute the arrest warrant precisely as written, ensuring the correct individual was apprehended and brought before the court without undue force or delay, and that all procedural requirements were met. This demonstrates how the clause would impress upon the sheriff the need for strict adherence to legal procedure when executing an arrest warrant, highlighting accountability.