英文法律词典 B-38

BREVE TESTATUM, feudal² law. A declaration by a superior lord to his vassal³, made in the presence of the pares curias, by which he gave his consent to the grant of land, was so called. Ersk. Inst. B. 2, tit. 3, s. 17. This was made in writing, and had the operation of a deed. Dalr. Feud¹. Pr. 239.

BREVET. In France, a brevet is a warrant granted by the government to authorize⁵ an individual to do something for his own benefit, as a brevet d'invention, is a patent to secure a man a right as inventor.

2. In our army, it signifies a commission conferring on an officer a degree of rank immediately above the one which he holds in his particular regiment⁶, without, however conveying a right to receive a corresponding pay.

BREVIA, writs⁷. They were called brevia, because of the brevity in which the cause of action was stated in them.

BREVIA ANTICIPANTIA. This name is given to a number of writs, which are also called writs of prevention. See Quia Ti. met.

BREVIA FORMATA, Eng law. The collection of writs found in the Registrum Brevium was so called. The author of Fleta says, these writs were formed upon their cases. They were different from the writs de cursu, which were approved by the council of the whole realm, and could not be changed without the will of the same. Fleta, lib. 2, c. 13, §2. See 17 S. & R. 194-5, and authorities there cited.

BREVIA JUDICIALIA. Subsidiary process issued pending⁸ a suit, or process issued in execution of the judgment⁹. They varied¹⁰, says the author of Fleta, according to the variety of the pleadings of the parties and of their responses. Lib. 2. c. 13, §3; Co. Lit. 73 b, 54 b. Many of them, however, long since became fixed¹¹ in their forms, beyond the power of the courts to alter them, unless authorized¹² to do so by the legislature. See 1 Rawle, Rep. 52; Act of Pennsylvania, June. 16, 1836, §§3, 4, 5.

BREVIA MAGISTRALIA. These were writs formed by the masters in chancery, pursuant to the stat. West. 2, c. 24. They vary according to the diversity of cases and complaints, of which, says the author of Fleta, some are personal, some real, some mixed, according as actions are diverse or various, because so many will be the forms of writs as there are kinds of actions. Fleta, lib. 2, c. 13, §4; Co. Lit. 73 b, 54 b.

BREVIARIUM. The name of a code of laws of Alaric II., king of the Visigoths.

BREVIBUS ET ROTULIS LIBERANDIS, Eng. law. A writ⁴ or mandate¹³ directed to a sheriff, commanding him to deliver to his successor the county and the appurtenances, with all the briefs, rolls, remembrances, and all other things belonging to his office.