Legal Definitions - de natura brevium

de natura brevium is a Latin phrase that translates to "concerning the nature of writs." In medieval English law, a "writ" was a formal written command issued by the King or a court, which was necessary to initiate almost any legal action. These documents were the procedural backbone of the legal system.

Therefore, a text titled "de natura brevium" would be a foundational legal treatise or textbook that systematically described the various types of writs available, their specific purposes, the circumstances under which each could be used, and the precise procedures they initiated. It was a comprehensive guide to understanding the proper form and function of these critical legal instruments.

• Example 1: A Medieval Law Student

  Imagine a novice legal scholar in 14th-century England attempting to understand how to bring a claim for trespass against a neighbor who has damaged their crops. They would consult a "de natura brevium" text to learn about the specific writ of trespass, its exact wording, the necessary allegations, and the proper court in which to file it. The book would explain the "nature" of this particular writ, distinguishing it from other forms of action like debt or covenant, ensuring the student understood its appropriate application.

• Example 2: A Practicing Scribe or Early Lawyer

  A professional scribe or an early lawyer is tasked with drafting a legal document to recover land that was unlawfully taken from a client. To ensure the client's case is properly initiated and has the best chance of success, the scribe would refer to a "de natura brevium." This reference would help them identify the correct writ of entry or writ of right, understand its precise legal scope, and confirm the specific legal arguments and procedures associated with that particular writ for reclaiming property. This ensures the action aligns perfectly with the "nature" of the chosen legal instrument.

• Example 3: A Royal Court Judge

  A royal court judge in the 15th century is presiding over a case where the plaintiff has presented a writ, and the defendant's counsel is arguing that the specific writ chosen is inappropriate for the alleged grievance. The judge might consult a "de natura brevium" to verify the established understanding of that particular writ's purpose and limitations. This reference would help the judge determine if the plaintiff's chosen writ correctly reflects the "nature" of the legal claim they are attempting to pursue, thereby ensuring procedural accuracy and fairness in the court.