Writs Close

[L. Lat. brevia clausa.] In English practice. Writs directed to the sheriff, as distinguished from those which were directed to the lord, which were called patent.

3 Beeves* Mist. Eng. Law, 46.

This distinction prevailed in wiits of right, some being patent, and others close.

F. N. B. 1 F. Id. 11 F. Cro.Eliz.

158, The term close (writ close) is still occasionally applied to writs, and is derived from the circumstance of the writ being close folded up, with the wax round it; being thus distinguished from a writ patent, which, although folded up, is sealed at the end of the label which issues froiii the same piece of parchment, and surrounds the writ.

Sewel Vs Law of Sheriff, 372.

Letters of the king, sealed with his great seal, directed to particular persons, and for particular purposes, which, not being proper for public mspection, are closed up and sealed on the outside, and are therefore called writs close, {literoe clauses,) and are recorded in the close rolls, in the same manner as writs or letters patent are in the patent rolls.

2 Bl, Com. 346.

The terms writ and letter, or letters, appear to have anciently been synonymous. Writs were in England, from the earliest period, framed in the style of letters or epistles, and are frequently described as such. See Brevet JSpistola, LitercB, Writ. Letters of attorney, on the other hand, were frequently termed writs. Bract, fol.

40.

The ancient justices in eyre acted under the authority of writs or commissions directed to them. Where there were several, each justice had a writ specially directed to himself, called hreve clausum, a close writ. Besides this, there was a writ directed to all of them jointly, called breve patens, a writ patent, which was publicly read at the opening of the eyre, as their warrant for holding the court. Bract, fol.

108, 109, etseq.

Id. fol.

115 b.

CLOSE or CLAUSE ROLLS. [L. Lat. rotuli clausi.l Rolls preserved among the public records in England, containing the records of the writs or letters close, and other documents. 2 Bl. Com. 346. J5r»6back's Evid. of Succession, 619. Mr. Hubback observes that these close or " clause" rolls contain manj^piportant documents relative to the prerogatives of the crown, and other matters of a very miscellaneous nature. Among their contents he enumerates writs of summons to parliament, and for the expenses of knights, citizens and burgesses, proclamations, enrollments of deeds between party and party, hveries and seisins of land, with a great variety of instruments, too numerous to be recounted. Like the patent rolls, some of them are deposited in the Tower, and some at the Rolls' Chapels. The former comprise those from their earliest existing date, 6 John, A. D. 1204, to the end of the reign of Edward IV. The latter, beginning with Edward V., are continued down to a recent period. Huhhack's Evid. of Succession, 619, 620.