Legal Definitions - magistralia brevia

Magistralia brevia refers to a historical category of legal documents, known as 'writs,' that were specifically created by clerks in the English Chancery office to address unusual or unique legal situations. Unlike standard, pre-existing writs that covered common legal disputes, magistralia brevia were custom-drafted to provide a remedy for novel circumstances that didn't fit into established legal forms. They were essentially bespoke legal commands issued by the King's court to address "special matters" for which no standard form existed.

• Example 1: Protecting a Unique Commercial Venture

  Imagine a medieval merchant who, with royal permission, establishes a new type of market fair with specific, novel rules for trade and dispute resolution that are not covered by existing borough customs. When a rival merchant attempts to undermine this fair by operating an unauthorized, competing market using unfair practices, the established legal writs for common trespass or contract disputes might not fully apply to the unique nature of the royal grant and its specific commercial rules.

  In this scenario, the merchant would petition the Chancery. A clerk, recognizing the unique nature of the royal grant and the specific infringement, would draft a magistralia brevia. This custom writ would detail the specific privileges granted to the fair and the rival's unique violation, commanding the rival to cease their actions or appear in court to explain. This illustrates a "special matter" requiring a custom-tailored legal instrument.

• Example 2: Enforcing a Novel Land Use Agreement

  Consider a situation where a landowner grants a neighbor a very specific and unusual right to use a portion of their land – perhaps the right to divert a small stream across the property for a new mill, but only during certain months and under strict conditions regarding water levels. If the neighbor violates these precise conditions, causing damage, the existing standard writs for general trespass or nuisance might not adequately capture the nuanced breach of this unique agreement.

  The aggrieved landowner could seek a magistralia brevia. A Chancery clerk would then draft a writ that specifically outlines the unique terms of the stream diversion agreement and the precise nature of its violation, compelling the neighbor to adhere to the conditions or face legal consequences. This demonstrates how a custom writ was needed for a "special matter" involving a non-standard agreement.

• Example 3: Addressing an Unprecedented Form of Dispossession

  Suppose a tenant is dispossessed of their land not through direct physical eviction, but through a complex scheme involving forged documents and manipulation of local records, a method not explicitly covered by the standard "writ of novel disseisin" which typically addressed direct, forceful removal. The existing writs might not have the specific language to address this novel form of legal trickery.

  The tenant would appeal to the Chancery. A clerk, understanding the unique and complex nature of the dispossession, would create a magistralia brevia. This writ would specifically describe the fraudulent scheme and the resulting loss of land, commanding the perpetrator to restore the property or appear in court to answer for their actions. This highlights the use of a custom writ for a "special matter" that fell outside the scope of pre-existing legal forms.