Legal Definitions - registrum brevium

Registrum brevium is a historical Latin term meaning "register of writs." In medieval English law, a writ was a formal written command issued by the King or a court, which was typically required to initiate almost any legal action. The registrum brevium was a comprehensive collection or catalog of these standardized writs. It served as a foundational legal text that outlined the available legal remedies and the precise language and procedures required to begin various types of lawsuits or legal processes. Essentially, it was a master list of all the different kinds of legal claims one could bring and the specific form of document needed for each.

• Example 1: A Medieval Lawyer Seeking a Remedy for a Land Dispute

  Imagine a lawyer in 13th-century England whose client believes their land has been unlawfully taken. To initiate legal proceedings, the lawyer would consult the registrum brevium. This register would contain various standardized writs for land disputes, such as a "writ of novel disseisin" (for recent dispossession) or a "writ of right" (for a claim to ownership). By finding the correct writ in the register, the lawyer would know the exact legal language and procedure necessary to formally present the client's case to the royal court, ensuring the action was properly brought.

• Example 2: A Court Clerk Issuing a Standard Order for Debt Recovery

  Consider a court clerk working for a sheriff in the 14th century. A local merchant comes to the court seeking to recover a debt from a defaulting customer. The clerk would refer to the registrum brevium to find the standard "writ of debt." This writ would provide the precise wording required to command the debtor to appear in court or to pay the sum owed. Using the register ensured that the writ was legally sound, consistent with established practice, and would be recognized by the court, avoiding procedural errors.

• Example 3: A Modern Legal Historian Studying the Evolution of Legal Rights

  A contemporary legal historian researching the development of contractual law in England during the High Middle Ages might examine surviving copies of the registrum brevium. By analyzing the types of writs related to agreements, covenants, and promises that were included in the register over different periods, the historian could trace how the legal system recognized and enforced various obligations. This provides insight into which grievances were considered legally actionable and how the formal mechanisms for seeking justice evolved over time.