Original Writ

English Law: Original Writ in the Past

A mandatory letter issued in the king’s name, sealed with his great seal and directed to the sheriff (see law enforcement in the U.K. encyclopedia) of the county where the injury (see more about this popular legal topic in the U.K. encyclopedia) was committed or supposed to have been done, requiring him to command the wrongdoer or party accused, either to do justice to the complainant or else to appear in court and answer the accusation against him. This writ is deemed necessary to give the courts of law jurisdiction.

Developments

In modern practice, however, it is often dispensed with, by recourse, as usual, to fiction and a proceeding by bill is substituted. In the United States of America, our courts derive their jurisdiction from the constitution (see more about this popular legal topic in the U.K. encyclopedia) and need no original writ to confer it. Improperly speaking, the first writ which is issued in a case, is sometimes called an original writ, but it is not so in the English sense of the word. Vide 3 Bl. Com. 273 Walk. Intr. to AMercantile Law, 514. [1][rtbs name=”history-of-english-law”]

Resources

Notes and References

1. Partialy, this information about original writ is based on the Bouvier´s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier´s Law Dictionary, including original writ.

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