COMITATU ET CASTRO COMMISSO

2 definitions found across Law Mind sources

COMITATU ET CASTRO COMMISSOAuthored
The Law Mind • 569 words
Definition
A Latin phrase designating a writ by which the Crown committed to a sheriff both the charge of a county and the custody of a castle within it. The writ formalized the dual appointment of a sheriff to administrative governance of a county and to the physical keeping of a royal or county castle — responsibilities that in medieval English governance were frequently, though not always, joined in the same officer.
Why It Matters in Research
This term surfaces almost exclusively in historical English legal sources dealing with the structure of county administration and the office of the sheriff. Researchers encountering it in medieval and early modern records should understand it as an instrument of appointment rather than a writ of litigation — it conferred authority, it did not adjudicate a dispute. The phrase is significant because it captures a moment in English constitutional history when military and civil county functions had not yet fully separated. The sheriff's role as castle-keeper carried genuine military and custodial weight — castles served as gaols, armories, and seats of local royal power. A researcher tracking the evolution of the shrievalty will find this writ relevant to the period before those functions were stripped away or redistributed to dedicated officers. Do not expect this term to appear in American legal sources. It belongs to the English common law inheritance and had no transplanted life in the colonies or early republic, where castle-keeping as a governmental function had no analog. Researchers working in Year Books, Rotuli Hundredorum, or early Chancery records may encounter the phrase in formal writs or calendars of appointments. It should be read as an administrative or chancery document, not as a form of action.
Historical Dictionary Support
Black's Law Dictionary (2nd ed.) provides a single, compact definition: a writ committing to the sheriff "the charge of a county, together with the keeping of a castle." This is an accurate but minimal account. It correctly identifies the dual nature of the commission — county charge and castle custody — but gives no context about when such writs were issued, by what authority, or how the dual role functioned in practice. No other sources in the Law Mind shelf offer an independent entry for this term. Historical dictionaries of English law such as Cowell's Interpreter and Jacob's Law Dictionary, which would ordinarily be natural references for Latin writs of this vintage, are not represented in the current source material for this entry. Researchers needing deeper treatment should consult those works directly, as well as Dugdale's Origines Juridiciales and the Calendars of Patent Rolls, which contain examples of actual appointment instruments. The absence of the term from American legal dictionaries, including later editions of Black's, reflects its obsolescence as a live legal instrument. It is of purely historical and antiquarian interest by the nineteenth century, and dictionary compilers from that period forward treat it, when they treat it at all, as a relic entry.
Jurisdictional Note
This is an exclusively English legal instrument rooted in the medieval structure of the shrievalty. It has no counterpart in American, Scottish, or Irish legal practice, and no modern jurisdiction employs or recognizes it as an operative legal form.
Related Terms
Sheriff — Shrievalty — County (historical) — Custos Rotulorum — Castle-guard — Commission of Array — Writ of appointment — Custodian of the county
COMITATU ET CASTRO COMMISSOmain
Black's Law Dictionary (2nd Ed.) • 1910
A writ by which the charge of a county, together with the keeping of a castle, is committed to the sheriff.

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