BRE

4 definitions found across Law Mind sources

BREAuthored
The Law Mind • 727 words
Definition
Bré (also rendered Bre) is a term appearing in historical French legal literature referring to a type of writ or formal written instrument used in medieval French legal practice. The term is associated with the procedural forms recorded in the works of thirteenth-century French jurists, particularly Defontaines and Beaumanoir, where it denotes the formal written commands or mandates issued by courts or sovereign authority to initiate or advance legal proceedings — analogous in function to the English writ. In the context of medieval French customary law, bré designated a formal document through which legal process was set in motion, corresponding roughly to what practitioners of English common law would recognize as a writ. Beaumanoir's Coutumes de Beauvaisis and related compilations preserved numerous examples of such instruments, offered at length as models for practitioners.
Common Language
Modern common usage (Wiktionary): Abbreviation of "British English." Historical common usage (Webster's 1913): Not recorded as an English word. The modern abbreviation "BRE" (British English) bears no relationship to the legal term. Researchers encountering "bré" or "bre" in legal-historical sources should treat it as a term of art from medieval French jurisprudence, entirely distinct from the contemporary abbreviation.
Why It Matters in Research
Researchers working in the Law Mind corpus on medieval French legal procedure or comparative writ history will encounter this term primarily in secondary treatments — Burrill records it in the context of describing the juristic works of Defontaines and Beaumanoir, not as a freestanding entry with a full definition. This means the term functions more as a bibliographic and contextual signal than as a fully elaborated legal concept within the historical dictionary tradition. Two practical traps arise. First, the term is easily overlooked because Burrill introduces it within a descriptive passage about medieval French treatises rather than as a headword in its own right, so keyword searches for "bré" may miss the surrounding doctrinal context. Second, because the term belongs to French customary law rather than English common law, researchers accustomed to the English writ system should resist mapping the two instruments onto each other too precisely: the bré operated within a distinct procedural and feudal-customary framework. For researchers tracing the comparative history of writs and formal legal process across jurisdictions, the works of Beaumanoir (Coutumes de Beauvaisis, c. 1283) are the primary source. Defontaines' Conseil (c. 1253) is the earlier companion. Both are cited in Burrill's framing passage and represent the foundational sources for understanding bré in context. The term also matters for understanding how Burrill's own dictionary was constructed: his treatment reflects a nineteenth-century American jurist's effort to situate English and American legal vocabulary within a broader civilian and customary European tradition. Where Burrill gestures toward French procedural terms, he is often signaling comparative depth rather than providing a working definition for practitioners.
Historical Dictionary Support
Burrill does not provide a standalone definition of bré. The term appears in a passage describing the character of medieval French legal treatises, specifically the works of Defontaines and Beaumanoir. Burrill notes that these texts are not merely doctrinal but also practical, functioning as books of procedure and abounding in forms — especially writs (bré) — given at length with full formal text. This treatment reflects the standard nineteenth-century view of Beaumanoir as a juristic authority comparable in importance for French customary law to Bracton for English common law. Burrill's framing aligns with that comparative tradition. What the historical dictionary literature misses, however, is any sustained analysis of how bré functioned procedurally — the mechanism of issuance, the authority behind it, or how it compared to English original and judicial writs in technical detail. Researchers needing that level of analysis must go to the primary sources and to specialized scholarship in medieval French legal history rather than to the general legal dictionaries of the nineteenth century.
Jurisdictional Note
Bré is a term of medieval French customary law, primarily relevant to research in the northern French customary regions documented by Beaumanoir and Defontaines. It has no direct equivalent or usage in English common law jurisdictions, though comparative legal historians have drawn analogies to the English writ system.
Related Terms
Writ — Breve — Coutumes de Beauvaisis — Customary Law — Medieval French Law — Defontaines — Beaumanoir — Forms of Action — Original Writ
BREmain
Burrill's Law Dictionary • 1867
(224) contemporary French writers Defontaines and Beaumanoir, is not only a treatise on the doctrines or principles of the law, but also, and to a very considerable extent, an exposition of the mode of conducting actions and other proceedings in the courts; or what would be called in modern times, a book of practice. It abounds in forms, especially of writs, which are given at length, with all the rules of procedure, and with such minuteness as prove the author to have been fully acquainted with the details of the subject. The extent to which Bracton drew his materials from the civil law, is a question upon which very different opinions have been entertained, and which, from the important bearing recently given to it, upon the origin and composition of the common law itself, has assumed a high degree of interest. It was said by Mr. Reeves, (a very competent judge, as has always been supposed,) in his History of the English Law, that what Bracton took from the Roman law, "if put together, would perhaps not fill three whole pages of his book." 2 Reeves' Hist. Eng. Law, 88. This opinion has been warmly controverted by the English civilians, and particularly, of late, by Mr. Long and Mr. Spence, in the works already referred to, from whose representations the very opposite conclusion might be drawn, that the treatise De Legibus et Consuetudinibus Anglia was little more, in substance, than a compilation of Roman jurisprudence, adapted to, and incorporating the English law and practice of the time. The assertion of Mr. Reeves may be safely questioned, without by any means admitting such a conclusion as this. The free use made by Bracton of the civil law at the very commencement of his treatise, (whole passages being given verbatim, and without any indication of the sources from which they are derived,) and the adoption, to some extent, of the arrangement of the Institutes, have undoubtedly imparted to the whole work very much of a Roman air and exterior; but a careful examination will show (it is believed) that it has been compiled essentially from other sources. Those portions in which the civil law has been either referred to, or used without reference, are principally confined to the first book, less than half of the second, and the first tract of the third, comprising together about oneeighth of the whole treatise; and much of the matter thus borrowed seems to have been introduced rather for the purpose of filling up the outline of a great work, than of giving what was considered to be the settled law of England. Bracton's view of the Roman law probably resembled that of the compilers of the Books of Feuds or Fiefs, as expressed in Feud. Lib. 2, tit. 1. More will be said on this subject, under the heads of the Common and Civil Law. The style of Bracton, when not obscured by corruptions of the text, is remarkably clear and simple, affording a complete contrast to the harsh and involved manner of writers far more modern, and admitting generally of very literal translation. His Latin is considered by Lord Bacon as much purer than that which was in use in England, after the time of Edward I. Bac. Read. Uses. (225) 210. See Close, Quare clausum fregit, Trespass. (226) writs. A commission to a judge or justice of the superior courts of England had, from an early period, the form of a breve, or writ, and was so called. Bract. fol. 108 b, et seq. thing to be done for the furtherance of "The Register." See Registrum Brevium. justice and good order; comprising what The brevia are here arranged under two were called judicial as well as original general heads, originalia and judicialia, Termes de la Ley. Blount. comprising in the whole upwards of a thousand forms. They are individually named either from the subject-matter of them, or from one or more emphatic words of the forms themselves. In the former case, the preposition de is usually employed in designating the particular breve; thus, breve de recto, a writ of right; breve de ingressu, a writ of entry; breve de conventione, a writ of covenant, &c. Most of these writs will be found in this dictionary, under the head of DE, with the proper addition in each case. See Close writs. **Bracton observes that a breve is so termed because it briefly, and in few words, sets forth the subject-matter of the action and the claim of the demandant; (dicitur ideo breve, quia rem de qua agitur, et intentionem petentis paucis verbis breviter enarrat.) Bract. fols. 112, 413 b. Theloall describes a breve to be a formal BREVE DE RECTO. L. Lat. [L. letter or epistle of the king, written in Fr. brief de droit, Sc. brieve of richt.] A Latin on parchment, sealed with his seal, writ of right. Reg. Orig. 1. Bract. fol. directed to some judge, officer, minister or 328. So called because the words in the other subject, at the suit of the king himwrit were, quod sine dilatione plenum self, or at the complaint and suit of another rectum teneas, (that without delay you do subject, commanding or authorizing somefull right); or because the subject-matter thing contained in the said letter to be of the writ was the right (rectum) of prodone, for the reason briefly expressed there-perty in lands. Co. Litt. 115 a, 158 b. 3 in, which is to be the subject of judicial examination in some of the king's courts. Thel. Dig. lib. 1, c. 1, ¶ 4. Bl. Com. 191, 193. See Writ of right.
BrEname
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
Extracted and formatted for display by Law Mind. Source link opens the current Wiktionary page and its contributor history; it is not a frozen copy of this extract.
Abbreviation of British English.
Brename
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
Extracted and formatted for display by Law Mind. Source link opens the current Wiktionary page and its contributor history; it is not a frozen copy of this extract.
A diminutive of the female given name Breanna.

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