writ of covenant

writ of covenant. Hist. A writ for one claiming damages as a result of a breach of a promise under seal or other covenant.

— Also termed breve de conventione (breev orbree-vee dee k[schwa]n-ven-shee-oh-nee).

“The writ of covenant (breve de conventione) is not mentioned by Glanvill; but it appears within a short time after the publication of his book and already in the early years of Henry III. It can be had ‘as of course,’ at all events when the tenement that is in question is of small value. Before Henry’s death it has become a popular writ …. The great majority of actions of covenant are brought merely in order that they may be compromised. We doubt whether any principle was involved in the choice; but may infer that the procedure instituted by this writ was cheap and expeditious for those who wished to get to their final concord.” 2 Frederick Pollock & Frederic W. Maitland, The History of English Law Before the Time of Edward I 216–17 (2d ed. 1899).


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