Legal Definitions - REG. BREV.

REG. BREV. is an abbreviation for Registrum Brevium, which translates from Latin as "Register of Writs." It refers to a historical collection of standardized legal forms, known as writs, that were essential for initiating legal proceedings in medieval England. This register served as a comprehensive catalog of the specific legal actions available to individuals seeking justice, with each writ corresponding to a particular type of complaint or remedy. If a person's grievance did not fit an existing writ in the Registrum Brevium, they often could not bring their case before the royal courts.

• Example 1: Property Dispute in Medieval England

  Imagine a farmer in 13th-century England who discovers that his neighbor has unlawfully built a fence encroaching upon his land. To seek legal redress, the farmer would need to consult the Registrum Brevium to find a specific writ that addressed such a grievance, perhaps a "writ of novel disseisin" (for recent dispossession of land) or a "writ of trespass." If no suitable writ existed for his exact complaint, he would be unable to formally initiate a lawsuit in the King's courts, illustrating how the Registrum Brevium dictated the available legal avenues for property disputes.

• Example 2: Debt Collection by a Merchant

  Consider a merchant in the 14th century who is owed a significant sum of money by another individual who refuses to pay. To pursue the debt through the legal system, the merchant would turn to the Registrum Brevium to locate the appropriate "writ of debt" (breve de debito). This writ would provide the standardized legal language and procedure necessary to compel the debtor to appear in court and respond to the claim, demonstrating the register's role in providing the formal instruments for enforcing contractual obligations and recovering debts.

• Example 3: Studying the Evolution of Common Law

  A modern legal historian researching the origins of English common law might analyze the Registrum Brevium to understand the principle of "no right without a remedy." They would observe how the finite number of writs in the register initially limited the types of cases that could be heard. When new forms of injury or injustice arose that didn't fit an existing writ, people were often left without a legal recourse. This historical constraint eventually led to the development of "actions on the case," which allowed for more flexible legal remedies, thereby highlighting the Registrum Brevium's foundational but ultimately restrictive role in shaping the early development of legal rights and remedies.