in Law, signifies, in general, the king's precept in writing under seal, issuing out of some court, directed to the sheriff or other officer, and commanding something to be done in relation to a suit or action, or giving commission to have the same done. And, according to Fitzherbert, a writ is said to be a formal letter of the king in parchment, sealed with his seal, and directed to some judge, officer, or minister, &c. at the suit of a subject, for the cause briefly expressed, which is to be determined in the proper court according to law.

WRITS, in civil actions, are either original or judicial: original, are such as are issued out of the court of chancery for the summoning of a defendant to appear, and are granted before the suit is commenced, in order to begin the same; and judicial writs issue out of the court where the original is returned, after the suit is begun. See Process.

The original writ is the foundation of the suit. See Suit.

When a person hath received an injury, and thinks it worth his while to demand a satisfaction for it, he is to consider with himself, or take advice, what redress the law has given for that injury; and thereupon is to make application or suit to the crown, the fountain of all justice, for that particular specific remedy which he is determined or advised to pursue. As for money due on bond, an action of debt; for goods detained without force, an action of detenue or trover; or, if taken with force, an action of trespass vi et armis; or, to try the title of lands, a writ of entry or action of trespass in ejectment; or for any consequential injury received, a special action on the case. To this end he is to sue out, or purchase by paying the stated fees, an original or original writ from the court of chancery, which is the officina justitia, the shop or mint of justice, wherein all the king's writs are framed. It is a mandatory letter from the king in parchment, sealed with his great seal, and directed to the sheriff of the county wherein the injury is committed, or supposed so to be, requiring him to command the wrong-doer, or party accused, either to do justice to the complainant, or else to appear in court, and answer the accusation against him. Whatever the sheriff does in pursuance of this writ, he must return or certify to the court of common pleas, together with the writ itself: which is the foundation of the jurisdiction of that court, being the king's warrant for the judges to proceed to the determination of the cause. For it was a maxim introduced by the Normans, that there should be no proceedings in common-pleas before the king's justices without his original writ; because they hold it unfit that those justices, being only the substitutes of the crown, should take cognizance of any thing but what was thus expressly referred to their judgment. However, in small actions, below the value of forty shillings, which are brought in the court-baron or county-court, no royal writ is necessary; but the foundation of such suits continue to be (as in the times of the Saxons), not by original writ, but by plaint; that is, by a private memorial tendered in open court to the judge, wherein the party injured sets forth his cause of action: and the judge is bound of common right to administer justice therein, without any special mandate from the king. Now indeed even the royal writs are held to be demandable of common right, on paying the usual fees: for any delay in the granting them, or setting an unusual or exorbitant price upon them, would be a breach of magna charta, c. 29. "nulli vendemus, nulli negabimus, aut differemus justitiam vel rectum."

Original writs are either optional or peremptory; or, in the language of our law, they are either a praecipe or a si te fecerit securum. The praecipe is in the alternative, commanding the defendant to do the thing required, or show the reason wherefore he hath not done it. The use of this writ is where something certain is demanded by the plaintiff, which is in the power of the defendant himself to perform; as, to restore the possession of land, to pay a certain liquidated debt, to perform a specific covenant, to render an account, and the like; in all which cases the writ is drawn up in the form of a praecipe or command, to do thus, or show cause to the contrary; giving the defendant his choice to redress the injury or stand the suit. The other species of original writs is called a si fecerit te securum, from the words of the writ; which directs the sheriff to cause the defendant to appear in court, without any option given him, provided the plaintiff gives the sheriff security effectually to prosecute his claim. This writ is in use where nothing is specifically demanded, but only a satisfaction in general; to obtain which, and minister complete redress, the intervention of some judicature is necessary. Such are writs of trespass, or on the case, wherein no debt or other specific thing is sued for in certain, but only damages to be assessed by a jury. For this end the defendant is immediately called upon to appear in court, provided the plaintiff gives good security of prosecuting his claim. Both species of writs are tefted, or witnessed, in the king's own name; "witness ourself at Westminster," or wherever the chancery may be held.

The security here spoken of, to be given by the plaintiff for prosecuting his claim, is common to both writs, though it gives denomination only to the latter. The whole of it is at present become a mere matter of form; and John Doe and Richard Roe are always returned as the standing pledges for this purpose.—The ancient use of them was to answer for the plaintiff, who in case he brought an action without cause, or failed in the prosecution of it when brought, was liable to an amercement from the crown for raising a false accusation; and so the form of the judgment still is. In like manner, as by the Gothic constitutions no person was permitted to lay a complaint against another nisi sub 'criptura aut specificatione trium testium, quod actionem vellet persequi: and, as by the laws of Sancho I. king of Portugal, damages were given against a plaintiff who prosecuted a groundless action.

The day on which the defendant is ordered to appear in court, and on which the sheriff is to bring in the writ, and report how far he has obeyed it, is called the return of the writ; it being then returned by him to the king's justices at Westminster. And it is always made returnable at the distance of at least 15 days from the date or teft, that the defendant may have time to come up to Westminster, even from the most remote parts of the kingdom; and upon some day in one of the four terms, in which the court sits for the dispatch of business.