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Simple English definitions for legal terms
de clerico convicto commisso gaolae in defectu ordinarii deliberando
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A quick definition of de clerico convicto commisso gaolae in defectu ordinarii deliberando:
Term: de clerico convicto commisso gaolae in defectu ordinarii deliberando
Definition: This is a legal term that means "for delivering a cleric convicted and committed to gaol in defect of his ordinary". It refers to a writ that orders the delivery of a clerk to a superior after the clerk was convicted of a felony, without the superior questioning the clerk's right to claim benefit of clergy. Benefit of clergy is a legal right that allowed clerics to be tried in ecclesiastical courts instead of secular courts.
A more thorough explanation:
DE CLERICO CONVICTO COMMISSO GAOLAE IN DEFECTU ORDINARII DELIBERANDO
DE CLERICO CONVICTO COMMISSO GAOLAE IN DEFECTU ORDINARII DELIBERANDO is a legal term in Latin that means "for delivering a cleric convicted and committed to gaol in defect of his ordinary." It refers to a writ that orders the delivery of a clerk to a superior after the clerk was convicted of a felony, without the superior questioning the clerk's right to claim benefit of clergy.
An example of DE CLERICO CONVICTO COMMISSO GAOLAE IN DEFECTU ORDINARII DELIBERANDO would be a situation where a clerk was convicted of a felony and committed to prison, but the ordinary (i.e., the superior) was not present to question the clerk's right to claim benefit of clergy. In this case, a writ would be issued to deliver the clerk to the ordinary without any further questioning.
Another example would be if a clerk was convicted of a felony and committed to prison, but the ordinary was unable to attend the trial. In this case, the writ would be issued to deliver the clerk to the ordinary without any further questioning.
These examples illustrate how DE CLERICO CONVICTO COMMISSO GAOLAE IN DEFECTU ORDINARII DELIBERANDO was used in medieval times to ensure that clerics who were convicted of felonies were delivered to their superiors without any further questioning of their right to claim benefit of clergy.
de clerico capto per statutum mercatorium deliberando | de clerico infra sacros ordines constituto, non eligendo in officium