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How did writs begin civil cases in medieval English royal courts?
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Common law
Henry II (left) disputing with Thomas Becket (center), miniature from a 14th-century manuscript; in the British Library (Cotton MS. Claudius D.ii).
In medieval English royal courts, the civil justice system was structured around the writ system. To initiate a civil case, a complainant would apply to the kingās writing office, known as the chancery.1
The process functioned as follows:
- Issuance: A writ was a formal written order issued in the name of the sovereign. It was granted at the instance of the complainant to address a specific grievance.21
- Purpose: The writ ordered the defendant to appear in royal courts to answer the claim or directed an inferior court to ensure justice was served. In many instances, these original writs functioned similarly to a modern summons.12
- Forms of Action: The system was based on specific forms of action, such as trespass. A litigant was required to select the precise writ that corresponded to their particular type of complaint.1
- Mandatory Use: Royal writs were compulsory for all legal actions concerning the title to land.1
By utilizing these set formulas, the royal courts established a centralized and consistent application of the common law across England.1