Legal Definitions - Custos Brevium

Custos Brevium was a historical legal office in England, referring to a specific clerk responsible for receiving and meticulously organizing important legal documents known as "writs." These writs were formal written commands issued by a court, and the Custos Brevium's role was to receive and file those that were "returnable" to the Courts of King's Bench and Common Pleas.

This position was crucial for maintaining the courts' records and ensuring the proper administration of justice in its time. The office of Custos Brevium was abolished in 1837.

• Imagine a merchant in 18th-century London initiating a lawsuit in the Court of Common Pleas to recover a debt from a defaulting customer. The initial legal document, or "writ," commanding the customer to appear in court, would be issued. Once this writ was "returned" to the court, indicating it had been served or processed, the Custos Brevium would be the specific clerk responsible for receiving this document and meticulously filing it within the court's records. This ensured the case officially began and its progress could be tracked.

• Consider a situation where a local sheriff in a rural county, having arrested someone for a serious crime, needed to transfer the case to the King's Bench for trial. A specific writ would be issued to bring the accused and the relevant documentation before the higher court. Upon its return to the King's Bench, the Custos Brevium would receive this writ, along with any accompanying papers, and ensure they were properly cataloged and stored, thereby formalizing the transfer of jurisdiction and the commencement of proceedings in the superior court.

• During a period of land disputes, a noble might seek to challenge another's claim to property by issuing a writ of right or a similar legal instrument. After this writ was formally presented to the relevant parties and returned to the court, the Custos Brevium would be tasked with its official reception and systematic filing. This action was crucial for establishing the legal record of the dispute and allowing the court to proceed with examining the competing claims, as all such foundational documents passed through their office for record-keeping.