Legal Definitions - brevibus et rotulis liberandis

Brevibus et rotulis liberandis is a historical Latin legal term that translates to "breves and rolls to be freed." Historically, it referred to a specific type of formal written order, known as a writ, issued by a court.

This writ commanded an outgoing sheriff to transfer all official documents, records, and other items associated with their office to their designated successor. The purpose was to ensure a smooth and complete handover of responsibilities, maintaining the continuity of legal and administrative functions within the county.

Here are some examples illustrating this historical legal concept:

• Example 1: Routine Succession
  Imagine a scenario in 17th-century England where Sheriff John, having served his full term, is replaced by the newly appointed Sheriff Thomas. To ensure the seamless operation of law enforcement and county administration, a brevibus et rotulis liberandis writ would be issued. This writ would compel Sheriff John to hand over all active arrest warrants, court summonses, tax collection records, and the official county seal to Sheriff Thomas. This ensures that the new sheriff has all the necessary tools and information to immediately assume his duties without interruption.

• Example 2: Mid-Term Replacement Due to Misconduct
  Consider a situation where a sheriff in medieval England was removed from office mid-term due to allegations of corruption or dereliction of duty. To prevent any loss of critical information or official property, a brevibus et rotulis liberandis writ would be swiftly issued. This writ would legally obligate the disgraced sheriff to immediately surrender all ongoing investigation files, evidence logs, treasury accounts, and any other official instruments of power to the interim or newly appointed sheriff. This action would safeguard the integrity of the county's legal processes and assets.

• Example 3: Transfer of Judicial Records
  In a historical context, sheriffs were not only law enforcement but also played a significant role in the local judicial system, often presiding over county courts or executing court orders. If a sheriff retired, a brevibus et rotulis liberandis writ would specifically ensure the transfer of all court rolls (detailed records of legal proceedings), judgments, and property deeds held by the sheriff's office to the incoming official. This guaranteed that the new sheriff could continue to administer justice and uphold property rights based on established legal precedents and records.