Legal Definitions - letter missive

A letter missive is a historical legal term that refers to a formal, official letter, typically issued by a sovereign or a court, to convey a specific directive, request, or to transmit official documents. Its usage varied across different historical contexts and legal systems.

• Example 1: Royal Appointment of a Bishop

  Imagine a scenario in 16th-century England where a bishopric became vacant. Instead of a simple recommendation, the reigning monarch, say Queen Elizabeth I, would send a formal letter missive to the dean and chapter of the cathedral. This letter would explicitly name the person the Queen wished to be elected as the new bishop, effectively acting as a royal command or strong recommendation that was rarely disregarded.

  This illustrates the historical use of a letter missive as a direct and authoritative communication from the sovereign, influencing significant ecclesiastical appointments.

• Example 2: Summons for a Noble in Court

  Consider an 18th-century legal dispute in England where a commoner filed a lawsuit against a Baron for a debt. Due to the Baron's status as a peer of the realm, the court would not issue a standard summons. Instead, it would send a letter missive directly to the Baron, formally requesting his appearance in court to respond to the allegations. This special form of communication acknowledged the noble's elevated status while still compelling their attendance.

  This example demonstrates a letter missive as a historical procedural tool, used by courts to formally request the presence of a peer or peeress in legal proceedings, reflecting a distinction in legal protocol for the nobility.

• Example 3: Transmission of Appellate Records

  In a historical civil law system, such as those found in parts of continental Europe centuries ago, if a party wished to appeal a judgment made by a local or provincial court, the entire case file would need to be sent to a higher court for review. The complete collection of documents, including all evidence, testimonies, and the lower court's decision, would be formally compiled and transmitted as a letter missive to the superior appellate court.

  Here, the term refers to the official transmission of the complete record of a case from a lower judicial body to a superior one for the purpose of appeal, ensuring the higher court had all necessary information to reconsider the judgment.