Legal Definitions - ad gaolam deliberandam

Ad gaolam deliberandam is a Latin legal phrase that historically translates to "to deliver the jail" or "to make jail delivery."

In practical terms, this phrase referred to the legal process of ensuring that individuals held in custody within a jail were brought before a court for trial. The primary purpose was to prevent indefinite detention and to resolve outstanding criminal cases, thereby "clearing out" the jail by bringing its occupants to justice.

Here are some examples illustrating this concept:

• Example 1: A Traveling Assize Judge

  Imagine a medieval English county where numerous individuals have been arrested and are awaiting trial, causing the local jail to become overcrowded. When a judge from the King's court, known as an assize judge, arrives in the county, one of their primary duties would be to conduct proceedings ad gaolam deliberandam. This means the judge would systematically hear the cases of all prisoners, either convicting them, acquitting them, or otherwise resolving their charges, effectively "delivering" the jail of its occupants and ensuring timely justice.

• Example 2: A Special Commission to Clear Backlogs

  In historical legal systems, a special commission might be issued by the Crown or a high court specifically to address a severe backlog of untried cases in a particular prison. This commission would be tasked with the responsibility of acting ad gaolam deliberandam. The appointed commissioners or judges would then focus exclusively on bringing every incarcerated individual to trial, ensuring that their legal status was determined and the prison population was managed efficiently, rather than allowing people to remain in custody indefinitely without due process.