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In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, and certiorari are common types of writs, but many forms exist and have existed.
In English history, praemunire or praemunire facias refers to a 14th-century law that prohibited the assertion or maintenance of papal jurisdiction, or any other foreign jurisdiction or claim of supremacy in England, against the supremacy of the monarch. This law was enforced by the writ of praemunire facias, a writ of summons from which the law takes its name.
The Statute of Frauds (1677) was an act of the Parliament of England. It required that certain types of contracts, wills, and grants, and assignment or surrender of leases or interest in real property must be in writing and signed to avoid fraud on the court by perjury and subornation of perjury. It also required that documents of the courts be signed and dated.
Replevin or claim and delivery is a legal remedy which enables a person to recover personal property taken wrongfully or unlawfully, and to obtain compensation for resulting losses.
In tort law, detinue is an action to recover for the wrongful taking of personal property. It is initiated by an individual who claims to have a greater right to their immediate possession than the current possessor. For an action in detinue to succeed, a claimant must first prove that he had better right to possession of the chattel than the defendant, and second, that the defendant refused to return the chattel once demanded by the claimant.
In English law, a writ of scire facias is a writ founded upon some judicial record directing the sheriff to make the record known to a specified party, and requiring the defendant to show cause why the party bringing the writ should not be able to cite that record in his own interest, or formerly why, in the case of letters patent and grants, the patent or grant should not be annulled and vacated. Largely withdrawn by 1947 its use in the administrative court remains one of the two ways in which a Royal Charter can be involuntarily revoked, the other being primary legislation in Parliament. In the United States, the writ has been abolished under federal law but may still be available in some state legal systems.
Henry of Bracton, also Henry de Bracton, also Henricus Bracton, or Henry Bratton also Henry Bretton was an English cleric and jurist.
Distraint or distress is "the seizure of someone’s property in order to obtain payment of rent or other money owed", especially in common law countries. Distraint is the act or process "whereby a person, traditionally even without prior court approval, seizes the personal property of another located upon the distrainor's land in satisfaction of a claim, as a pledge for performance of a duty, or in reparation of an injury." Distraint typically involves the seizure of goods (chattels) belonging to the tenant by the landlord to sell the goods for the payment of the rent. In the past, distress was often carried out without court approval. Today, some kind of court action is usually required, the main exception being certain tax authorities – such as HM Revenue and Customs in the United Kingdom and the Internal Revenue Service in the United States – and other agencies that retain the legal power to levy assets without a court order.
Seisin denotes the legal possession of a feudal fiefdom or fee, that is to say an estate in land. It was used in the form of "the son and heir of X has obtained seisin of his inheritance", and thus is effectively a term concerned with conveyancing in the feudal era. The person holding such estate is said to be "seized of it", a phrase which commonly appears in inquisitions post mortem. The monarch alone "held" all the land of England by his allodial right and all his subjects were merely his tenants under various contracts of feudal tenure.
Quia Emptores is a statute passed by the Parliament of England in 1290 during the reign of Edward I that prevented tenants from alienating their lands to others by subinfeudation, instead requiring all tenants who wished to alienate their land to do so by substitution. The statute, along with its companion statute Quo Warranto also passed in 1290, was intended to remedy land ownership disputes and consequent financial difficulties that had resulted from the decline of the traditional feudal system in England during the High Middle Ages. The name Quia Emptores derives from the first two words of the statute in its original mediaeval Latin, which can be translated as "because the buyers". Its long title is A Statute of our Lord The King, concerning the Selling and Buying of Land. It is also cited as the Statute of Westminster III, one of many English and British statutes with that title.
A fieri facias, usually abbreviated fi. fa., is a writ of execution after judgment obtained in a legal action for debt or damages for the sheriff to levy on goods of the judgment debtor.
Ejectment is a common law term for civil action to recover the possession of or title to land. It replaced the old real actions and the various possessory assizes where boundary disputes often featured. Though still used in some places, the term is now obsolete in many common law jurisdictions, in which possession and title are sued by the actions of eviction and quiet title, respectively.
A High Court enforcement officer (HCEO) is an officer of the High Court of England and Wales responsible for enforcing judgements of the High Court, often by seizing goods or repossessing property. Prior to 2004, HCEOs were known as sheriff's officers and were responsible for enforcing High Court writs on behalf of the high sheriff for each county, but they are now directly responsible for such writs. HCEOs operate only in England and Wales.
Elegit was, in English law, a judicial writ of execution, given by the Statute of Westminster II (1285), and so called from the words of the writ, that the plaintiff has chosen this mode of satisfaction. Previously to the Statute of Westminster II, a judgment creditor could only have the profits of lands of a debtor in satisfaction of his judgment, but not the possession of the lands themselves. But this statute provided that henceforth it should be in the election of the party having recovered judgment to have a writ of fieri facias unto the sheriff on lands and goods or else all the chattels of the debtor and the one half of his lands until the judgment be satisfied. By the Bankruptcy Act 1883 the writ of elegit extended to lands and hereditaments only.
In law, venire facias, also venire facias juratores, and often shortened to venire, is a writ directing a sheriff to assemble a jury. Various types are:
In English law, the assize of novel disseisin was an action to recover lands of which the plaintiff had been disseised, or dispossessed. It was one of the so-called "petty (possessory) assizes" established by Henry II in the wake of the Assize of Clarendon of 1166; and like the other two was only abolished in 1833.
In English law, the assize of mort d'ancestor was an action brought where a plaintiff claimed the defendant had entered upon a freehold belonging to the plaintiff following the death of one of his relatives. The questions submitted to the jury were, "was A seised in his demesne as of fee on the day whereon he died?" and "Is the plaintiff his next heir?" This assize enabled the heir to obtain possession, even though some other person might have a better right to the land than the deceased.
An Inquisition post mortem is an English medieval or early modern record of the death, estate and heir of one of the king's tenants-in-chief, made for royal fiscal purposes. The process of making such inquisition was effected by the royal escheators in each county where the deceased held land. The earliest inq.p.m. was made in 1236, in the reign of King Henry III (1216–1272), and the practice ceased c. 1640, at the start of the English Civil War, and was finally abolished by the Tenures Abolition Act 1660, which ended the feudal system.
The writ of estrepement, or de estrepamento, was a writ in common law countries that would be used to prevent estrepement, a type of 'voluntary waste'. The waste that the writ would issue to prevent would be waste that occurred in response to a lawsuit seeking possession of the land, or a judgment against the waster where possession had not yet been delivered.
John de Ponz, also called John de Ponte, John Savan, or John of Bridgwater (c.1248–1307) was an English-born administrator, lawyer and judge in the reign of King Edward I. He served in the Royal Household in England for several years before moving to Ireland, where he practised in the Royal Courts as the King's Serjeant-at-law (Ireland). He later served as a justice in eyre, and then as a justice of the Court of Common Pleas (Ireland). He was a gifted lawyer, but as a judge was accused of acting unjustly. A case he heard in Kilkenny in 1302 can be seen as a precursor of the Kilkenny Witchcraft Trials of 1324, and involved several of the main actors in the Trials.
References
Lists
- "Antiquities of the Law" (1870) 1 Albany Law Journal 247 to 250
- Fitzherbert. "A Table of the Writs Contained in this Treatise". The New Natura Brevium. Ninth Edition. 1794. Volume 1.
- (Traditionally attributed to Hengham and others). "Tabula Registri omnium Brevium Originalium" and "Tabula Registri omnium Brevium Judicialium". Registrum Brevium tam Originalium, quam Judicialium. Fourth Edition. 1687.
- Table of writs. Lincoln's Inn manuscript. No 32 in Record Commission report.
- Pluncknett. "Analytical Index of Writs". Elsa de Haas. Early Registers of Writs. (1970) 87 The Publications of the Selden Society i.
- Hall (ed). "Index of Writs". The treatise on the laws and customs of the realm of England, commonly called Glanvill. (Medieval Classics). Nelson. 1965. p 199 et seq. Clarendon Press, Oxford. Reprinted 2002. Page 199 et seq.
- "Obsolete writs" and "Writs now in use" in "Writ". Encyclopædia Britannica. Eleventh Edition. 1911. Volume 28. Pages 849 to 851.
Other treatises
- For lists of other teatises on writs, see, for example, Worrall, "Writs", Bibliotheca Legum, 4th Ed, 1738, p 80 to 82; Clarke, "Entries, Declarations, Pleadings, Writs", Clarke's Bibliotheca Legum, New Edition, 1819, Chapter 11, p 279 et seq; Marvin, "Writs", Legal Bibliography, 1847, p 800.
Footnotes
- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 "Antiquities of the Law" (1870) 1 Albany Law Journal 247
- 1 2 3 4 5 "Antiquities of the Law" (1870) 1 Albany Law Journal 247 at 250
- 1 2 3 4 5 6 7 8 9 10 11 12 "Writ". Encyclopædia Britannica. Eleventh Edition. 1911. Volume 28. Pages 849 to 851.
- ↑ English and Irish Law and Chancery Commission, First Report, 1863, p 88
- ↑ Richard Burn and John Burn. A New Law Dictionary. Printed by Brett Smith. Dublin. 1792. p 88.
- ↑ Richard Burn and John Burn. A New Law Dictionary. London. 1792. vol 1. p 149.
- ↑ Holthouse. A New Law Dictionary. 2nd Ed. 1850. p 98.
- ↑ Burrill. A New Law Dictionary and Glossary. 2nd Ed. 1859. vol 1. p 367.
- ↑ Burrill. A New Law Dictionary and Glossary. 2nd Ed. 1859. vol 1. p 431.
- ↑ Burrill. A New Law Dictionary and Glossary. 2nd Ed. 1859. vol 1. p 379.
- ↑ Burrill. A New Law Dictionary and Glossary. 2nd Ed. 1859. vol 1. p 452.
- ↑ Burrill. A New Law Dictionary and Glossary. 2nd Ed. 1859. vol 1. p 456.
- ↑ Thomas Y. Minniece, "Lunacy - Writ De Lunatico Inquirendo," 24 Miss. L.J. 79 (1952-1953) via HeinOnline
- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 "Antiquities of the Law" (1870) 1 Albany Law Journal 247 at 248
- ↑ "Antiquities of the Law" (1870) 1 Albany Law Journal 247 at 248 and 249
- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 "Antiquities of the Law" (1870) 1 Albany Law Journal 247 at 249
- ↑ See further (1894) 24 American and English Encyclopedia of Law 581
- Attribution
This article incorporates text from this source, which is in the public domain : "Antiquities of the Law" (1870) 1 Albany Law Journal 247 to 250- This article incorporates text from this source, which is in the public domain : Richard Burn and John Burn. A New Law Dictionary. Printed by Brett Smith. Dublin. 1792.
