De Bono Et Malo

“For good and ill.” The Latin form of thelaw French phrase “De bien et de mal.” In ancient eriminal pleading, this was the expression with which the prisoner put himself upon a jury, indicating his absolute submission to their verdict. This was also the name of the special writ of jail delivery formerly in use in England, which issued for each particular prisoner, of course, It was superseded by the general eommission of jail delivery.

Lat. For good and evil. A phrase in old pleadings, by which a party accused or appealed put himself upon a jury. Ut quod inde culpabilis non sit, ponit se super patriam de bono et malo; and that he is not guilty thereof, he puts himself upon the country for good and evil. Bract. fol. 138 b. Ponit se super linguas vestras de hoc, de bono et malo. Id. fol. 143 b. The same as the Fr. de bien et de mal, (q. v.) The name of a special writ of gaol delivery. Instead of the general commission of gaol delivery under which the judges in England now act on the assizes, it was anciently the course to issue special writs of gaol delivery for each particular prisoner, which were called writs de bono et malo. 2 Inst. 43. 4 Bl. Com. 270.