Legal Definitions - brevia originale

The term brevia originale refers to the "original writs" that were historically fundamental to initiating legal proceedings in the English common law system. These were formal written commands issued by the King's Chancery, which served as the essential first step for a plaintiff to bring a lawsuit before the royal courts.

Each original writ was specific to a particular type of legal grievance and authorized the court to hear only that defined category of dispute. Essentially, it was the gateway to justice, as a plaintiff could not pursue their case in the royal courts without first obtaining the correct brevia originale that matched their complaint.

Here are some examples illustrating the concept of brevia originale:

• Example 1: Resolving a Property Dispute

  Imagine a landowner in medieval England who discovered that a neighbor had illegally built a fence encroaching upon their property. To seek legal redress in the King's courts, the landowner would first need to obtain an original writ specifically designed for land disputes, such as a writ of novel disseisin (for recent dispossession) or a writ of right (for a more fundamental claim to ownership). This specific writ would be the brevia originale that formally initiated the legal process, granting the court the authority to hear the landowner's particular complaint about the encroachment.

• Example 2: Recovering an Unpaid Debt

  Consider a merchant who had lent money to another individual, but the borrower refused to repay the debt. To pursue this matter through the royal legal system, the merchant would be required to acquire an original writ tailored for debt recovery, such as a writ of debt. This particular writ, the brevia originale, would authorize the court to consider the merchant's claim for the recovery of the owed sum, thereby establishing the legal basis and scope for the action.

• Example 3: Addressing a Broken Agreement

  Suppose a craftsman had formally agreed to construct a building for a lord but failed to complete the work as promised. If the lord wished to sue for this failure to perform, he would need to obtain an original writ that allowed for actions based on broken promises or failures to fulfill undertakings, such as a writ of covenant (for formal agreements under seal) or, in later periods, a writ of trespass on the case. This specific brevia originale would be the foundational document that permitted the lord to bring his complaint about the craftsman's non-performance before the court, defining the parameters for the subsequent legal proceedings.