.BREVIA FORMATA (Lat.). Certain writs of approved and established form which were granted of course in actions to which they were applicable, and which could not be changed but by consent of the great coun cil of the realm. Bracton 413 b.
All original writs, without which an action could not anciently be commenced, issued from the chan cery. Many of these were of ancient and established form, and could not be altered; others admitted of variation by the clerks according to the circum stances of the case. In obtaining a writ, a pracipe was Issued by the party demandant, directed to the proper officer in chancery, stating the substance of his claim. If a writ already in existence and en rolled upon the Register was found exactly adapted to the case, it issued as of course (de cursu), being copied out by the junior clerks, called cursitors. If none was found, a new writ was prepared by the chancellor and subjected to the decision of the grand council, their assent being presumed In some cases If no objection was made. In 1250 it was pro
vided that no new writs should issue except by direct command of the king or the council. The clerks, however, it is supposed, still exercised the liberty of adapting the old forms to cases ,new only in the instance, the council, and its successor (in this respect, at least), parliament, possessing the power to make writs new in principle. The ness with which the common-law courts, to which the writs were returnable, adhered to the ancient form, gave occasion for the passage of the Stat. Westm. 2, c. 24, providing for the formation of new writs. Those writs which were contained in the Register are generally considered as pre-eminently brevia formata.