Brevia

TAM ORIGINALIA GUAM JUdicialla, patluntur Anglica nomina. Writs, as well original as judicial, bear English names. 10 Coke, 132.

Lat Writs. The plural of breve, which see.

— Brevia adversaria. Adversary writs; writs brought by an adversary to recover land. 6 Coke, 67.

— Brevia amicabilia. Amicable or friendly write ; writs brought by agreement or consent of the parties.

— Brevia anticipantia. At common law. Anticipating or preventive writs. Six were included in this category, viz.: Writ of mesne; toarrantia chartœ; monstraverunt; audita querela; curia claudenda; and ne injuste vexes. Peters v. Linen.-schmidt, 58 Mo. 466.

— Brevia de enrsn. Writs of course. Formal writs issuing as of course.

— Brevia formata. Certain write of approved and established form which were granted of course in actions to which they were applicable, and which could not be changed but by consent of the great council of the realm. Bract, fol. 4136.

— Brevia judicialia. Judicial writs. Auxiliary writs issued from the court during the progress of an action, or in aid of the judgment.

— Brevia magistralia. Writs occasionally issued by the masters or clerks of chancery, the form of which was varied to suit the circumstances of each case. Bract fol. 413b.

— Brevia selecta. Choice or selected writs or processes. Often abbreviated to Brev. Sel.

— Brevia testata. The name of the short memoranda early used to show granis of lands out of which the deeds now in use have grown. Jacob.

Lat. Writs. The plural of breve, which sce.

(plur. of Breve.) L. Lat. Writs. Dicuntur brevia propter eorum brevitatem; they are called writs on account of their brevity. 3 Co. 44. See Breve. Brevia adversaria; adversary writs; writs brought by an adversary to recover land. 6 Go, 67. Brevia amicabilia; amicable writs, or those brought by consent and agreement amongst friends. Id, ibid, Brevia formata, or de cursu. L. Lat. Writs of form, or of course. Original writs, the form of which was fixed, and which issued of course without special cause shown. Bra4:t. fol. 413 b, 202. Tkel. Dig. lib. 1, c. 2. 4 Reeves* Hist. Eng. Law, 430. Brevia magistralia. L. Lat. Writs occasionally issued by the masters or clerks^ of chancery, the form of which was varied* to suit the circumstances of each case. Bract, fol. 413 b. Tkel. Dig. lib. 1, c. 2, 3 Woaddes. Lect. 89. Breyia tkstata. L. Lat. Short written memoranda, attested hj witnesses, and used in feudal times to perpetuate the tenor of conveyances and investitures, after parol grants had given rise to disputes and uncertainties. Feud, Lib, 1, t. 4. 2 BL Com. 307. Their authority rested altogether on the testimony of the witnesses, (who were the neighbors and peers of court) there being no execution or sealing by the parties themselves; {utpote nullius sigillo, sed testium authoritate valida.) Spelman, Blackstone regards our modem deeds as merely improvements or amplifications of these hrevia. 2 BL Com, uh, sup,