Legal Definitions - de copia libelli deliberanda

de copia libelli deliberanda refers to a historical legal writ, or formal court order, used exclusively in ecclesiastical (church) courts. Its purpose was to compel a judge in such a court to provide the defendant with a copy of the plaintiff's formal complaint or accusation. This ensured the defendant was fully informed of the charges against them, allowing them to understand the allegations and prepare an adequate defense.

Here are some examples illustrating its application:

• Imagine a situation in 16th-century England where a local merchant, Mr. Davies, is accused by a rival, Mr. Evans, in an ecclesiastical court of spreading false rumors that damaged Mr. Evans's reputation within the parish. Mr. Davies, as the defendant, is summoned to court but hasn't been given a clear statement of the specific rumors he's alleged to have spread. To ensure a fair process, Mr. Davies's representative would petition the court for a de copia libelli deliberanda. This writ would compel the ecclesiastical judge to provide Mr. Davies with a detailed copy of Mr. Evans's formal complaint, outlining the exact defamatory statements.

• Consider a scholar in a medieval university town who is brought before an ecclesiastical court on charges of heresy, initiated by a zealous bishop. The scholar is aware of the general accusation but has not been given the specific theological points or writings that are deemed heretical. To properly defend his academic work and beliefs, the scholar's legal representative would seek a de copia libelli deliberanda. This writ would force the court to deliver a copy of the bishop's formal complaint, detailing the exact passages or doctrines the scholar is accused of violating.

• In a 17th-century English village, a woman named Eleanor is accused by her neighbor in the church court of practicing witchcraft, a serious charge often handled by ecclesiastical authorities. Eleanor is distressed and confused, as the accusations are vague and based on local gossip. To prepare a defense against such a grave accusation, Eleanor's family or advocate would request a de copia libelli deliberanda. This writ would ensure that the ecclesiastical judge provides Eleanor with a precise, written copy of the neighbor's complaint, detailing the specific acts or behaviors she is alleged to have performed, allowing her to understand and refute the charges.