Legal Definitions - apertum breve

The term apertum breve is a historical legal concept derived from Latin, meaning "open writ." In legal history, a writ was a formal written order issued by a court or other legal authority. An apertum breve specifically refers to a writ that was not sealed and was intended for public notice or general application, rather than being a private instruction directed to a specific individual.

Unlike a "closed writ" (clausum breve), which was typically sealed and delivered to a particular person with specific instructions, an apertum breve was "open" for all to see or hear. These writs were often posted in public places, read aloud by town criers, or otherwise disseminated widely to inform the populace of new laws, decrees, general summons, or other matters of public interest.

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

• Example 1: Royal Proclamation of New Taxes
  Imagine a medieval king who decides to levy a new tax on all merchants operating within his kingdom. He issues a formal written decree outlining the new tax rates and collection procedures. This decree is not sealed, and copies are prominently displayed in market squares, on church doors, and at city gates across the realm so that all merchants and citizens are aware of their new obligations.

  This situation illustrates an apertum breve because the king's decree is a formal written order from a sovereign authority. It is "open" (unsealed and publicly displayed) and intended for general application to a broad group of people (all merchants), rather than being a private instruction to a single individual.

• Example 2: Public Summons for Jury Duty
  Consider a historical town where the local court needs to select jurors for an upcoming trial. Instead of sending individual summonses, the court issues a written order calling upon all eligible male citizens over the age of 21 residing within the town limits to present themselves at the courthouse on a specific date for jury selection. This order is read aloud by the town crier and posted on the public notice board outside the courthouse.

  This scenario represents an apertum breve because it is a formal written command from a legal authority. It is made "open" through public announcement and display, and it is directed generally to a class of people (eligible male citizens) rather than a single person, requiring their public compliance.

• Example 3: Announcement of New Market Regulations
  In a bustling historical city, the city council decides to implement new regulations regarding the quality and pricing of bread sold by all bakers within the city. They draft a formal document detailing these new rules, which is then signed by the mayor and publicly affixed to the main city gate and read aloud during market days for several weeks.

  This is an apertum breve because it is a formal written decree from a governing body. It is "open" for public viewing and hearing, and it applies broadly to all bakers, serving as a general public notice of new legal requirements that everyone in that profession must follow.