Legal Definitions - de coronatore eligendo

De coronatore eligendo is a historical legal term from English common law. It refers to a specific type of writ, which was a formal written order issued by the Crown. This writ commanded a sheriff to organize and conduct an election to fill a vacant position for a coroner within their county. Essentially, it was the legal instrument used to ensure that a county always had an active coroner to perform their vital duties, such as investigating suspicious deaths.

• Example 1: Imagine a situation in 15th-century Sussex where the long-serving county coroner suddenly passes away. To ensure the county's legal functions continue without interruption, the Crown would issue a de coronatore eligendo writ. This writ would be sent to the Sheriff of Sussex, instructing them to promptly arrange an election among the freeholders of the county to choose a new coroner to fill the now-vacant office.

  Explanation: This scenario directly illustrates the writ's purpose: to initiate an election for a new coroner when the office becomes vacant due to death, ensuring continuity of legal oversight.

• Example 2: Consider a case in medieval Norfolk where the sitting coroner is found guilty of severe misconduct and is formally removed from office by royal decree. To restore proper legal authority, a de coronatore eligendo writ would be dispatched to the Sheriff of Norfolk. The writ would compel the sheriff to call for a new election, allowing the community to select a suitable replacement and re-establish legitimate coronial services.

  Explanation: Here, the writ is used to address a vacancy created by the removal of an officeholder, demonstrating its role in maintaining accountability and ensuring the proper functioning of the legal system.

• Example 3: Suppose a newly established shire in the 13th century, perhaps after a territorial reorganization, finds itself without a designated coroner. To formally establish the office and appoint an individual, the Crown would issue a de coronatore eligendo writ to the sheriff of that new shire. This would mandate the sheriff to hold the inaugural election for a coroner, thereby legally instituting the position within the new administrative division.

  Explanation: This example shows the writ's application not just for filling an existing vacancy, but also for establishing the office of coroner in a new jurisdiction or when an initial appointment is required, highlighting its foundational role in the historical legal framework.