Legal Definitions - ex deliberatione Dominorum Concilii

The Latin phrase ex deliberatione Dominorum Concilii translates to "after consideration by the Lords of Council."

Historically, this phrase was appended to legal documents, particularly writs (formal written orders issued by a court or administrative body), to signify that the document had undergone a thorough review and approval process by a high-level judicial or administrative body, often referred to as the "Lords of Council." It served as an assurance that the request for the writ had been properly examined and sanctioned by the appropriate authority.

In modern legal practice, especially in jurisdictions with a long common law tradition, this phrase (or similar historical wording) is often retained in certain formal documents. However, its meaning has largely evolved. While it still denotes the official origin and authority of the document, it typically no longer means that a specific council has deliberated on each individual instance. Instead, it has become a "word of style" or a formality, a traditional phrase that confirms the document's official nature and its lineage within the legal system, even if the actual review process is now streamlined or handled by different, more specialized judicial officers.

Here are some examples to illustrate this concept:

• Historical Context: Imagine a royal charter from the 17th century, granting a specific noble family rights to a tract of land. This charter might prominently feature the phrase "ex deliberatione Dominorum Concilii."

  This would indicate that the King's Privy Council, a body of advisors and high-ranking officials, had formally reviewed the petition for the land grant, debated its merits, and ultimately approved its issuance. In this historical context, the phrase genuinely reflected a specific, active deliberation process by a council of lords.

• Modern Formal Document (as a "word of style"): Consider a very formal and traditional type of court order, such as a writ of mandamus (an order from a superior court to a lower court or government official to perform a specific duty) issued in a jurisdiction like Scotland or England, which have deep historical roots in the "Lords of Council" system. While the specific "Lords of Council" as they existed centuries ago may no longer directly review every such writ, the document might still conclude with or contain language echoing "ex deliberatione Dominorum Concilii."

  In this scenario, the phrase serves as a formal declaration of the court's authority and the document's official origin. It signifies that the writ is a legitimate product of the judicial system, even if the specific review process for that particular writ was conducted by a single judge or a specialized court division, rather than a full council deliberation.

• Analogy for "Words of Style": Think of a modern government agency's official letterhead that includes a phrase like "By Authority of the Secretary of State." While the Secretary of State ultimately oversees the agency, they do not personally review and approve every single letter or document issued under that letterhead. Instead, the phrase signifies that the document originates from an authorized department acting under the Secretary's general authority and established procedures.

  Similarly, "ex deliberatione Dominorum Concilii" in modern usage acts as a formal statement of official origin and historical authority, rather than a literal confirmation of specific, real-time deliberation by a council for every document it accompanies.