Legal Definitions - de bono et malo

Definition: De bono et malo (dee boh-noh et mal-oh) is a Latin term that means "for good and evil." It has two historical meanings:

1. It was used in the legal system to indicate a criminal defendant's full submission to the jury's verdict. By placing themselves at the mercy of the jury, the defendant accepted both the good and bad consequences of the verdict.
2. It was also used as a special writ of jail delivery issued by the justices of assize. This writ allowed them to try all criminal defendants who were in jail when the court traveled. Previously, judges had to issue a separate writ for every prisoner, but this was replaced by a general commission of jail delivery.

For example, a defendant who pleads guilty and asks the jury to decide their punishment is submitting themselves de bono et malo. They are accepting both the good (a lighter sentence) and the bad (a harsher sentence) consequences of the verdict.

Another example is the use of a writ de bono et malo to clear out a jail and try all the prisoners at once. This was more efficient than issuing separate writs for each prisoner.

Overall, de bono et malo was a legal term used to indicate a defendant's acceptance of both the good and bad consequences of a verdict, or to describe a writ that allowed for the efficient trial of all prisoners in a jail.