Pleadings in United Kingdom

Writs and Pleadings

Pleadings and Medieval Law

Pleadings and Legal History

Legal Materials

(Compiled by the University of South Caroline Gould School of Law) “The common law had…grown up round the royal writs. They formed the ground plan upon which its builders worked; and it is for this reason that the learning of writs was the first thing taught to students of the law. Seeing that the choice of a wrong or inappropriate writ meant loss of the action, this learning continued to be of the utmost importance to the practitioner all through his career.” (71) However, despite their importance, there does not appear to have been any official register of writs for the medieval period. Although the original writs used to initiate actions were issued by the Chancery, there were apparently no official collections of forms prepared by the office, which would provide an authoritative text.(72) There were, however, a number of unofficial compilations of forms circulating in the legal community. A standard example found its way into print in 1531 and became known as the Register Brevium, or Register of Writs.

For a detailed listing of publications on procedure and writs, see Maxwell’s chapter on courts and procedure,(73) and an extensive discussion of the various early editions of published writs can be found in Winfield.(74) Only the most important ones are listed below.

Natura Breui~u Newly Corrected in Englyshe/ With Dyuers Addycyons … London: T. Pettit, 1544.

Abstract: English translation of the Old Natura Brevium with commentary.

Natura Breuiu(m) Newly Corrected, With Dyuers Addicio(n)s of Statutis: Boke Casis: Plees in Abatement(Es) of the Sayd Writtes and Theyr Declaracions: and Barris to the Same: Added and Put in Theyr Places Moste Conuenient . London: Richard Pynson , 1518.

Notes: Available online in Early English Books Online (subscription database)Abstract: Also known as the Old Natura Brevium.

Natura Brevium. The Old Tenures. Lyttylton Tenures. The New Talys. The Articles Uppon the New Talys. Diuersyte of Courtes. Justyce of Peace. The Chartuary. Court Baron. Court of Hundrede. Returna Brevium. The Ordynaunce for Takynge of Fees in the Escheker. And Fyrste a Table to All These Xii Bokes. London: W. Rastell, 1534.

Notes: 1545 edition also available online in Early English Books Online (subscription database)Abstract: A selection of writs with commentary. Also known as the Old Natura Brevium, or La Vieux Natura Brevium or The Tenuris. Text in English.

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

• Court of Chancery and Equity (in this legal Encyclopedia)
• Quasi-Contract (in this legal Encyclopedia)
• Feudalism (in this legal Encyclopedia)
• Incest (in this legal Encyclopedia)