Legal Definitions - brieve

Brieve

In historical Scots law, a brieve was a formal written order issued by a high court, specifically the Chancery. Its primary purpose was to command that a trial be held to investigate and resolve particular issues detailed within the writ. While once a common legal instrument, its use became very rare by the late 20th century, primarily confined to proceedings for appointing a legal guardian, known as a "curator," for an individual deemed unable to manage their own affairs.

Here are some examples to illustrate the concept of a brieve:

• Imagine a situation in 18th-century Scotland where a wealthy landowner passed away without clearly naming an heir, leading to a dispute among distant relatives over who should inherit the estate. One of the claimants might have petitioned the court, which would then issue a brieve. This brieve would formally order a local jury or court to conduct a trial, gather evidence, and determine the rightful heir according to the law and custom of the time. The brieve served as the official instruction to commence this legal process.

• Consider an elderly person in late 20th-century Scotland who developed severe cognitive impairment, making them unable to manage their finances or make sound personal decisions. If their family believed the person was vulnerable and needed legal protection, they might apply to the court. The court could then issue a brieve, specifically to initiate a formal inquiry or trial to assess the individual's mental capacity and determine whether a "curator" (a legal guardian) should be appointed to oversee their affairs. This exemplifies one of the last remaining uses of a brieve.

• In medieval Scotland, if a local community or a lord needed to formally establish the boundaries of a piece of land that was subject to dispute, they might seek a legal resolution. A brieve could be issued by the King's Chancery, directing a local court or a specially appointed commission to hold a trial. This trial would involve hearing testimony from witnesses and examining historical documents to definitively settle the land boundaries. The brieve, in this context, was the official command to initiate this specific legal investigation and resolution process.