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Breve

A Law Dictionary and Glossary · George C. Kinney · 1893

A Law Dictionary and Glossary

pi. brevia.

In old English law

A writ; strictly an original,writ, a writ by which alone any action in a superior court could be begun; in a more general sense, any precept of the king in writing and under seal issuing out of any court; a commission of a justice of a superior court So called because of its brevity. Breve de recto: a writ of right Breve innoniinatum (pi. brevia innominata): a writ containing a general statement only of the cause of action. Breve judiciale (pi. brevia judicialia): a judicial writ; a writ issued by the court after the action was begun; any writ other than an original writ Breve nominatam (pi. brevia nominata): a writ in which the circumstances of the case were particularly set out Breve testatum: a conveyance in writing attested by subscribing witnesses; a brief memorandum attested by witnesses, and used as evidence of feudal investiture. Brevia adversaria: adversary writs; writs brought by an adversary to recover land. Brevia amicabilia: amicable writs, or writs brought by consent or agreement Brevia anticipantia: writs of prevention. Brevia formata, or de cursn: writs of form or of course; original writs the form of which was fixed and which issued as of course without cause shown. Brevia magistralia: writs prepared by the masters or clerks in chancery in cases for which there were no brevia formata, the writs being framed to suit the cases. They gave place, under the statute West II., c. 24, to writs upon the case. Brevia testata: brief memoranda used in ■ feudal times to perpetuate the tenor of conveyances and investitures, not signed nor sealed by the parties, but attested by witnesses and supported only by their testimony, — supposed to have been the origin of the modern deed. V. Bref; De, etc.