BREVE, or BRIEVE, in the practice of the Scotch law, is a writ issuing from chancery in the name of the crown, to a judge, ordering him to try by jury the points or ques tions stated in the breve. In ancient times, these writs appear to have been the founda tion of almost all civil actions in Scotland; but they are now only used in the following 1. B. of inquest, now, however, superseded by a petition of service, according to the 10 and 11 Viet. c. 47. The object of tile proceeding is judicially to ascertain the heir a deceased person. 2. B. of tutory, the purpose of which is the appointment, as guardian to a pupil, of the nearest agnate or person most nearly related through the father. 3. Breves of idiotry and furiosity, by which the mental condition of a party may be determined for the appointment, in case of ascertained insanity, of a guardian or curator. the B. of idiotry, the direction is to inquire whether the person is of unsound mind, furious, and naturally an idiot. In the breve of furiosity, it is whether he be of unsound mind, prodigal, and furious. 4. B. of terse. The object of this writ
is to "coguosce the widow to her terse "—that is, to enable her to recover her term or dower. It is issued to the sheriff of the county, and the jury under his presidency are directed to inquire whether the claimant was the lawful wife of the deceased, and whether the husband died infeft in the lands from which the terce is claimed. The verdict of the jury gives the widow her terce, and the judge then " kens "her to it. See TERCE, and KENNING TO THE T ERCE. 5. 13. of division amongst heir-portioners. By means of this B., an heir-portioner—that is, one of two or more sisters succeeding in equal portions to a lauded estate—may have her share of the lands separated or set apart by a judge, who appoints an inquest, or jury of fifteen persons, to measure the land, and make a division; the jury report to the judge; and lots being cast for the different shares, the judge decides accordingly. The form is, however, now seldom used, an arbi tration being more generally resorted to. Sec INHERITANCE, SUCCESSION,