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Simple English definitions for legal terms
bono et malo
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A quick definition of bono et malo:
Bono et malo is a Latin term that means "for good and evil." In the past, it was used in two different ways. First, it was used in court when a criminal defendant accepted the jury's verdict and placed themselves at the mercy of the court. Second, it was used as a special writ of jail delivery that allowed judges to try all criminal defendants who were in jail when the court traveled. This replaced the old system of issuing separate writs for each prisoner, which was found to be inconvenient and oppressive.
A more thorough explanation:
Definition: Bono et malo (boh-noh et mal-oh) is a Latin term that means "for good and evil." In legal contexts, it has two main uses:
- It can refer to a criminal defendant who submits to the mercy of the jury by placing themselves at their mercy de bono et malo. This means that they accept the jury's verdict, whatever it may be, and are willing to face the consequences of their actions.
- It can also refer to 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. This writ allowed the judges to try all prisoners in one go, rather than having to issue separate writs for each one.
For example, if a defendant is found guilty of a crime and they say "I submit myself de bono et malo," it means that they are leaving their fate in the hands of the jury and accepting whatever punishment they receive. Similarly, if a judge issues a writ de bono et malo, it means that they are able to try all the prisoners in a jail at once, rather than having to issue separate writs for each one.
These examples illustrate how the term bono et malo is used in legal contexts to refer to accepting the consequences of one's actions and streamlining legal processes.