Writ
Glossary of Technical Terms, Phrases, and Maxims of the Common Law · Frederic Jesup Stimson · 1881
Glossary of Technical Terms, Phrases, and Maxims of the Common Law
Originally, the written command of the King, or some member of his household, introduced into England from Normandy. Later, the written command or precept of any court or officer. V. Breve, Action, Bill of Middlesex, Trespass. Prerogati Te ^vrit: a special writ issued by the royal authority or prerogative, as matter of favor; as distinct from the writs de cursu, writs of course, issued by the Crown or court, or person authorized by the Crown, as matter of right. The writs de cursu were at first vague in form, but by the time of Glanvill had assumed definite shape; they were formed Tvrits, called later original ■writs, and by promulgation in the year 1258 no new writs could be issued. By the Stat. Westminster II. c. 24, it was enacted that new writs should be issued in similar cases (v. Case, Action on the case), whence these flatter were termed writs on the case, as distinct from the original writs. Both the original writs, or writs de cursu, and writs on the case were original writs, as distinct from judicial writs; that is, they issued from Chancery under the seal of the King, as the fountain of justice, at the beginning of actions; judicial writs issues from a court, and include aU writs issuing after the beginning of the action (v. Bill, Process). Close writs, clause writs, are sealed writs; grants of the King, sealed with his great seal, but directed to some particular person for particular purposes; not letters patent. Writ of inquiry: a proceeding by which the sheriff inquires by a jury into the amount of damages, after judgment by default. For other writs, see their respective titles. Writer to the Signet Anciently, clerks in the office of the Scotch Secretary of State, who prepared writs passing the King's signet, and various other processes; they are also attorneys or solicitors, and privileged to conduct causes in the Court of Session. "^tfr. There. Y est: there Yalemaines./r. At least,