Legal Definitions - album breve

The term album breve is a Latin phrase that translates literally to "blank writ." In legal contexts, it refers to a formal written command or order (a writ) issued by a court or other legal authority where a crucial detail, such as the name of the person against whom it is directed, is left unspecified or blank. The intention was typically for this blank space to be filled in later, once the specific individual or party became known or was identified. It represents a writ prepared in anticipation of a specific target, but without that target being fully specified at the time of issuance.

To understand album breve, it's helpful to first understand what a "breve" or "writ" is:

• A breve (or writ) is a formal written order issued by a court or other legal authority. It commands a person or entity to perform a specific act, or to refrain from performing an act, or it directs an official to take a particular action. Writs are fundamental tools for courts to exercise their jurisdiction and enforce their decisions.

Therefore, an album breve is a specific type of writ that is incomplete in a key detail, usually the identity of the party it targets.

Here are some examples to illustrate the concept of an album breve:

• Example 1 (Historical Legal Practice): Imagine a historical scenario where a monarch's court issues a general decree to seize the property of "any person found to be actively conspiring against the crown" within a particular region. This decree might be an album breve because it is a formal command to seize property, but it leaves the specific names of the conspirators blank, to be filled in by the local authorities as they identify and apprehend individuals matching the description.

  Explanation: This illustrates an album breve because the writ itself was issued with a blank or general placeholder for the specific individual, allowing the enforcing officer to complete it upon identifying the target.

• Example 2 (Anticipatory Legal Action): Consider a situation where a law enforcement agency is investigating a complex fraud scheme but has not yet identified all the individuals involved. A prosecutor might draft a subpoena as an album breve, leaving the names of the specific recipients blank. The intention is to fill in these names as soon as the identities of additional suspects or witnesses are confirmed through ongoing investigation, allowing for quick issuance once the information is available.

  Explanation: Here, the album breve represents a legal document prepared in advance, with a critical detail (the recipient's name) intentionally left unspecified, awaiting later completion once the necessary information is obtained.

• Example 3 (Procedural Preparation): In a busy court, a clerk might prepare several standard forms for a "writ of execution" (an order to enforce a judgment), leaving the spaces for the specific judgment debtor's name and the exact amount of the judgment blank. These pre-prepared forms act as album breve documents, ready to be quickly completed with specific details as soon as a judge issues a new judgment that requires enforcement.

  Explanation: This scenario demonstrates the "blank" nature of the album breve as a procedural tool, where the core legal command is present, but the specific party it applies to, and other case-specific details, are added at the point of application.