Bretts and Scots

LAWS OF THE. A code or system of laws in use among the Celtic tribes of Scotland down to the beginning of the fourteenth century, and then abolished by Edward I. A fragment only is now extant. See Acts of Pari, of Scotland, vol. 1, pp. 299-301, Edin. 1844. It is interesting, like the Brehon laws of Ireland, in a historical point of view. BREVE (Lat. breve, brevis, short). A writ. An original writ. Any writ or precept issuing from the king or his courts. It is the Latin term which in law is translated by "writ." In the Roman law these brevia were in the form of letters; and this form was also given to the early English brevia, and is retained to some degree in the modern writs. Spelman, Gloss. The name breve was given because they stated briefly the matter in question (rem quce est breviter narrat). It was said to be "shaped in conformity to a rule of law" (formatum ad similitudinem regulas juris); because it was requisite that it should state facts against the respondent bringing him within the operation of some rule of law. The whole passage from Bracton is as follows: "Breve quidem, cum sit formatum ad similitudinem regular juris quia breviter et paucis verbis intentionem proferentes exponit, et explanat sicut regula juris rem qua est breviter narrat. Non tamen ita breve esse debet, quin rationem et vim intentionis continent." Bracton 413 b, § 2. It is spelled briefe by Brooke. Each writ soon came to be distinguished by some important word or phrase contained in the brief statement, or from the general subject-matter; and this name was in turn transferred to the form of action, in the prosecution of which the writ (or breve) was procured. Stephen, PI. 9. See Writ. It is used perhaps more frequently in the plural (brevia) than in the singular, especially in speaking of the different classes of writs.