List of Common Law Writs

A writ is a court order that requires performance of a certain act. Anglo-Saxon kings used writs to convey lands, and during the rule of the Norman kings, writs were used in a variety of judicial applications, including recovery of land and transference of property. By the 13th century three types of writs had come into regular use: charters, letters patent and letters close.[1][2]

List of English Law Writs
Name Translation Description Reference
Distringas You are to distrain A writ of distringras could compel appearance in court, or it could be issued for a proceeding to outlawry, but a plaintiff can not proceed to outlawry on a writ of distingras issued to compel appearance. [3]
De licentia transfretandi Writ of permission to cross the sea, this writ was issued as an order to the wardens of Dover or other English seaports to permit the party named in the writ to cross the sea from the named port [4]
De odio et atia For hatred and malice. According to Edward Coke this writ was "a means by the common law before indictment or appeal to protect the innocent against false accusation, and to deliver him out of prison". [5]
Habeas corpus You have the body.
Habere facias seisinam According to Black's Law Dictionary, "this writ was the proper process for giving seisin of a freehold as distinguished from giving only a chattel interest in land". [6]
Pro partibus liberandis To free the portions A writ for the partition of lands between co-heirs. [4]
Quare obstruxit A writ for a person who is unable to enjoy right of way through a neighbor's land due to obstruction of his path [7]
Quo jure By what right A writ by which one part can compel another to prove title to land claimed in common.
Quod permittat That he permit A writ to prevent one party, such as the heir of someone who has been dispossessed from interfering with the right of another party. [6]
Quom redditum reddit A writ that compels a tenant to acknowledge the grantee of a rent charge [8]
Raptu haeredis A writ recover an heir held in socage
Replevin A writ to recover property that was wrongfully taken.
Trespass on the case
Withernam From Saxon language weder meaning "other" + naam meaning "a taking" This writ allows or orders the Sherriff to seize the cattle or goods of a wrongful defendant to force their compliance during a replevin action. [9][10]
Types of quod permittat
Name Translation
De libera falda Writ of free fold
De libera piscaria Writ of free fishery
De libero passagio Writ of free passage
Source: Black's Law Dictionary, 1891

Reflist

[edit]
  1. ^ "Writ | law". Encyclopedia Britannica. Retrieved 2018-04-27.
  2. ^ Vere v. Gowan 5 Dowl. 494. Court, Great Britain Bail; Dowling, Alfred Septimus (1837). Reports of Cases Argued and Determined in the King's Bench Practice Court: With the Points of Practice Decided in the Courts of Common Pleas and Exchequer, from Mich. Term, 1830 to [Michaelmas Term, 1841] ... S. Sweet.
  3. ^ MORRIS (Barrister-at-Law.), Richard (1847). An Analytical Digest of selected Practice Cases, decided in the Common Law Courts to Trinity Term 1847; arranged under the several heads of Practice for the facility of reference.
  4. ^ a b Black, Henry Campbell (1891). A Dictionary of Law: Containing Definitions of the Terms and Phrases of American and English Jurisprudence, Ancient and Modern; Including the Principal Terms of International, Constitutional, and Commercial Law; with a Collection of Legal Maxims and Numerous Select Titles from the Civil Law and Other Foreign Systems. West Publishing Company.
  5. ^ Coke, 2nd Instit. 42; Sir William Searle Holdsworth, A History of English Law (1903).
  6. ^ a b Garner, Bryan A. (2014). Black's Law Dictionary. Thomson Reuters. ISBN 978-0-314-61300-4.
  7. ^ Archbold, John Frederick (1821). A Digest of the Law Relative to Pleading and Evidence in Actions Real, Personal and Mixed. S. Gould and son.
  8. ^ Rastell, John (1812). Les Termes de la Ley: Or, Certain Difficult and Obscure Words and Terms of the Common and Statute Laws of England, Now in Use, Expounded and Explained. J. Johnson. Watson & Bangs, printers, Boston. 1812.
  9. ^ Derrett, J Duncan M (1961). "Withernam: A Legal Practical Joke of Sir Thomas More": 13. ((cite journal)): Cite journal requires |journal= (help)
  10. ^ Tomlins, Thomas Edlyne (1820). Law-dictionary Explaining the Rise, Progress and Present State of the British Law Etc. 3. Ed. with Additions. Payne.
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