Legal Definitions - de odio et atia

de odio et atia

De odio et atia is a legal term that means "of hatred and malice." It refers to a writ that was used in the past to determine whether a prisoner jailed for murder was charged for a good reason or only because of ill-will. The writ ordered a sheriff to summon a 12-member jury to investigate the case and decide whether bail should be set.

If someone was accused of murder out of spite or had committed the crime in self-defense, then de odio et atia would have been issued. For example, if someone had a personal grudge against the accused and falsely accused them of murder, the writ would have been used to investigate the case and determine whether the accused should be released on bail.

This writ was similar to habeas corpus and was first mentioned in Magna Carta. It was an important legal tool that protected people from being falsely accused and imprisoned.