de bono et malo

de bono et malo (dee boh-noh et mal-oh), n. [Law Latin “for good and evil”] Hist1. For good and evil. • A criminal defendant indicated full submission to the jury’s verdict by placing himself or herself at the jury’s mercy de bono et malo.

— Also termed de bien et de mal.

2. A special writ of jail delivery issued by the justices of assize to enable them to try all criminal defendants who were in jail where the court traveled. • Formerly, the judges were required to issue a separate writ for every prisoner. This was replaced by a general commission of jail delivery.

“[T]hey have … a commission of general gaol delivery; which empowers them to try and deliver every prisoner, who shall be in the gaol when the judges arrive at the circuit town, whenever indicted, or for whatever crime committed. It was anciently the course to issue special writs of gaol delivery for each particular prisoner, which were called the writs de bono et malo: but, these being found inconvenient and oppressive, a general commission for all the prisoners has long been established in their stead. So that, one way or other, the gaols are cleared, and all offenders tried, punished, or delivered, twice in every year: a constitution of singular use and excellence.” 4 William Blackstone, Commentaries on the Laws of England 267 (1769).


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