Pleading in United Kingdom

Pleadings Definition

For information about this topic, please read the entry, in this legal Encyclopedia, about: Pleadings

Pleading and Medieval Law

Pleading and Legal History

Legal Materials

(Compiled by the University of South Caroline Gould School of Law) Registrum Omnium Breuium Tam Originalium Quam Iudicialium. 2 Parts . London: Rastell, 1531.

Keywords: HENRY III (Hen 3) et seq. / WRITS, ENTRIES, AND PLEADINGS

Notes: The 1531, 1553, 1595, and 1634 editions are available in Early English Books Online (subscription database)Abstract: Text in Latin. The first published collection of writs used for beginning or carrying on legal proceedings. The earliest manuscript dates to 1227. The 4th ed. is in 4 parts corrected and amended with appendix. 1687.

Returna Brevium . Early English Books, 1475-1640, 520:8. London: Wynkyn de Worde, 1519.

Notes: 1519 and later 16th century editions also available online in Early English Books Online (subscription database)Abstract: Text in Latin. 17 editions were published in the sixteenth century, plus 4 revised editions by John Kitchin.

De Haas, Elsa, and G. D. G. Hall , eds. Early Registers of Writs. The Selden Society (SS), 87 for 1970. London: Quaritch, 1970.

Abstract: Contains the Latin text with translation of four early manuscript collections of writ forms, which were later represented by the standard compilation known as the Registrum Brevium Originalium, first published by Rastell in 1531. They come from the reigns of Henry III, Edward I, and Edward II. A fifth collection, a Registrum Judiciale of the mid thirteenth century, is concerned with writs issued by the Benches, which were generally of an interlocutory nature as compared with the original writs from Chancery which initiated actions at common law.

Fitzherbert, Anthony, and William Hughes, ed. The New Natura Brevium of the Most Reverend Judge, Mr. Anthony Fitz-Herbert . 9th ed. London: W. Rawlins, 1794.

Notes: 1576 edition also available online in Early English Books Online (subscription database)Abstract: A selection of writs with commentary, based on Rastell’s 1531 edition of the Register of Writs. Also known as La Nouvelle Natura Brevium. Translated into English by W. Hughes.

Hansard, John, ed. A Book of Entries: of Declarations and Other Pleadings General and Special, in the Most Usual Actions in the Court of Kings-Bench. Also a Choice Collection of Special Writs, and Their Retorns. Together With Observations in Pleading, Instructing the Younger Clerks in the Practice of That Court. London: Printed by the assigns of Richard and Edward Atkins, for William Crook, 1685.

Notes: Also available online in Early English Books Online (subscription database)Abstract: From the original manuscripts in court-hand, collected and drawn by John Hansard … To which are added, appeals of murder and mayheme, with variety of pleadings therein.

Hengham, Ralph de, and Simon Theloall, ed. Registrum Brevium Tam Originalium, Quam Judicialium. 4th ed. London: Printed by the assigns of R. and E. Atkins for T. Bassett, 1687.

Notes: Both 1531 and 1687 editions also available online in Early English Books Online (subscription database)Abstract: Text in Latin. Ascribed to Ralph de Hengham. The 4th edition by Simon Theloall, is entitled Le digest des briefs originals et des choses concernants eux. This came to be accepted as the quasi-official version of the Register of Writs.

Rastell, William, ed. A Colleccion of Entrees, of Declaracions, Barres, Replicacions, Reioinders, Issues, Verdits, Iudgements, Executions, Proces, Contynuances, Essoynes, & Diuers Others Matters. And Fyrst an Epistle, With Certayne Instructions Necessarye to Bee Redde for the Redy Fyndi(n)Ge of the Matters in Thys Booke. London: Richardi Tottell, 1566.

Notes: Also available online in Early English Books Online (subscription database)Abstract: Mostly in Latin, partly in Law French. A systematic subject arrangement of legal forms and entries.

Shanks, Elsie, and Stroud F. C. Milsom, ed and trans. Novae Narrationes. The Selden Society (SS), 80 for 1963. London: Quaritch , 1963.

Abstract: Translation of the original Anglo-Norman texts. A collection of oral pleadings in common-law actions, all apparently dating from the later years of the reign of Edward I. Starting with writs of right, each action is discussed with references to the plea rolls, early year books, and the Brevia Placitata (SS, 66 for 1947).

Turner, George J., ed. Brevia Placitata. The Selden Society (SS), 66 for 1947. London: Quaritch, 1951.

Abstract: A 13th century treatise in Norman French on pleading in the King’s courts. It appears to have been written in 1260 and contains the earliest collection of common law pleadings, dating from the mid-thirteenth century.

Van Caenegem, Raoul C., ed. Royal Writs in England From the Conquest to Glanvill; Studies in the Early History of the Law. The Selden Society (SS), 77 for 1958-59. London: Quaritch, 1959.

Abstract: A collection of 200 royal writs between AD 1066 and AD 1189, taken from widely scattered sources. It is intended to bridge the gap between the Anglo-Saxon royal writ, and the common law writs of Glanvill and Bracton.

Bibliographies of English Law History

• Maxwell, William H. A Legal Bibliography of the British Commonwealth of Nations. Volume 1: English Law to 1800. London: Sweet and Maxwell, 1955-
• Beale, Joseph H. A Bibliography of Early English Law Books. Cambridge: Harvard University Press, 1926.
• Winfield, Percy H. The Chief Sources of English Legal History. Cambridge: Harvard University Press, 1925.

Resources

See Also

• Medieval Laws (in this legal Encyclopedia)
• Defamation (in this legal Encyclopedia)
• Medieval Roman Law (in this legal Encyclopedia)
• Medieval Legal History (in this legal Encyclopedia)
• Quasi-Contract (in this legal Encyclopedia)