Legal Definitions - brevia formata

Brevia Formata

In historical legal systems, particularly in the development of English common law, brevia formata refers to standardized writs or writs of course. A writ was a formal written command issued by a court in the name of the sovereign, which served as the initial step to begin a legal action. The term "brevia formata" specifically denotes those writs that had a fixed, pre-defined form and content, available for common types of grievances. These standardized forms were crucial because, for centuries, a plaintiff could generally only bring a lawsuit if their complaint fit within the scope of an existing "brevia formata." If no such writ existed for a particular wrong, there was often no legal remedy available in the common law courts.

Here are some examples to illustrate the concept:

• Imagine a medieval farmer whose neighbor unlawfully fenced off a portion of his land. To initiate a lawsuit to reclaim his property, the farmer would need to obtain a specific brevia formata, such as a writ of entry or a writ of right. These writs were pre-designed legal documents that outlined the precise legal grounds and procedures for reclaiming land. If the farmer's grievance didn't neatly fit the established wording and requirements of one of these standardized writs, the court might refuse to hear his case, demonstrating how the "brevia formata" dictated the available legal avenues.

• Consider a merchant in the 13th century who had sold goods on credit but was not paid. To sue the debtor, the merchant would typically purchase a brevia formata known as a writ of debt from the Chancery. This writ had a specific, recognized format and legal language that allowed the court to recognize the claim as a legitimate action for debt. The merchant could not simply write a letter to the court explaining the situation; he had to use the exact, pre-approved "brevia formata" to pursue his claim successfully.

• In a scenario where one person physically assaulted another, the injured party seeking legal redress would historically need to acquire a brevia formata called a writ of trespass. This standardized writ defined the specific elements of the wrong (e.g., direct and forcible injury) and the type of remedy that could be sought. The existence of this specific "brevia formata" meant that the court had a recognized procedure for handling such a complaint, and the plaintiff had to frame their case according to its established form.