DE PROTECTIONIBUS

2 definitions found across Law Mind sources

DE PROTECTIONIBUSAuthored
The Law Mind • 648 words
Definition
De protectionibus (Latin: "of or concerning protections") is the title of an English statute enacted in the 33rd year of the reign of Edward I (1305). The statute was designed to curtail abuses arising from royal writs of protection — formal instruments by which the Crown shielded certain persons, typically those engaged in the king's service abroad, from civil suit during their absence. De protectionibus addressed the practical injustices that followed when such protections were granted too broadly or fraudulently, leaving creditors and litigants without legal recourse against protected parties for extended or indefinite periods. The term also appears in the closely related phrase breve de protectione (writ of protection), the procedural instrument through which the protection itself was granted. De protectionibus as a statute represents one of the medieval Parliament's efforts to bring royal prerogative into check by regulating the conditions under which protections could issue and limiting their duration and scope.
Why It Matters in Research
This term is almost exclusively encountered in historical legal research, particularly in work on medieval English law, royal prerogative, and the early development of common law procedure. Researchers will meet de protectionibus most often in two contexts: (1) reading secondary histories of English law such as Reeves' History of English Law, which Burrill directly cites; and (2) examining early Chancery practice through sources like the Registrum Omnium Brevium (Reg. Orig.), which catalogs the forms of original writs. The key navigational point is that de protectionibus is a statute title, not a writ name or general doctrine. Researchers should not conflate it with the broader concept of protection (the royal privilege) or with the individual breve de protectione. The statute is the corrective legislative instrument; the writ is the mechanism of the privilege itself. Because this statute predates formal parliamentary numbering conventions, references to it in historical sources vary. Researchers should be alert to citations by regnal year (33 Edw. I), by subject-matter title, and occasionally by the short-form Latin phrase alone, all pointing to the same instrument. For researchers tracing the history of sovereign immunity or the procedural history of stays of suit, de protectionibus sits at an important early junction — it is among the first legislative attempts to regulate what would later develop into broader doctrines of immunity, privilege, and abatement in English and American law.
Historical Dictionary Support
Burrill's Law Dictionary is the sole Law Mind shelf source covering this term, and its entry is characteristically spare: a translation, a regnal-year citation, and a pointer to Reeves. This brevity reflects the term's narrow technical scope rather than any ambiguity about its meaning. No other major historical legal dictionaries in wide American use (Bouvier, Black) give it substantial treatment, which itself signals that by the time American legal dictionaries reached their mature editions, the term had become a matter of legal antiquarianism rather than living practice. Burrill's cross-reference structure is useful: the entry for de protectionibus sits adjacent to the entry for breve de protectione, and both point back to a general entry for "Protection." Researchers using Burrill should follow that chain. The Reeves' History citation (2 Reeves' Hist. 242) directs to John Reeves's History of English Law, a foundational secondary source for medieval common law, which provides narrative context that Burrill's entry alone cannot supply.
Related Terms
Protection (writ of protection) — the royal instrument this statute regulated Breve de protectione — the specific writ form; companion term in Burrill Abatement — procedural consequence often triggered by a pending protection Stay of proceedings — modern analog to the effect of a writ of protection Sovereign immunity — broader doctrine sharing conceptual ancestry Registrum Omnium Brevium (Reg. Orig.) — primary source cataloging writ forms including breve de protectione Reeves' History of English Law — secondary source providing substantive context for the statute
DE PROTECTIONIBUSmain
Burrill's Law Dictionary • 1867
Lat. Of or concerning protections. The title of a statute passed in the 33d year of Edward I. to prevent some of the evil consequences attending the privileges given by writs of protection. 2 Reeves' Hist. 242. DE PROTECTIONE, Breve. Lat. Writ of protection. Reg. Orig. 25, 26. See Protection. DE QES EN CA, De kes en sea. L. Fr. From which time until now. Kelham. DE QUO, & DE QUIBUS. Lat. Of which. Formal words in the simple writ of entry, from which it was called a writ of entry "in the quo," or "in the quibus." 3 Reeves' Hist. 33. Præcipe A. quod-red-

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