De Malo

Of illness. See "De Malo Lecti." DE MALO LECTI (Law Lat.; Law Fr. de mal de lyt). Of infirmity or illness of (in) bed. Closely rendered, in old Scotch law, bed-evil (bedde-evill). A species of essoin or excuse for nonappearance in court, formerly allowed a defendant in England, and more anciently called de infirmitate de reseantisa; the excuse being that the defendant was confined to his house in bed (lectus) by infirmity or indisposition (malum). Glanv. lib. 1, c. 18, 19; Bracton, fol. 337, 344 b; Britt. cc. 122, 123; Fleta, lib. 6, c. 10; 1 Reeve, Hist. Eng. Law, 115, 412; Skene de Verb. Sign. voc. "Reseantisa." This essoin commonly followed immediately upon that de malo veniendi (infra); for where a person, having been detained on the road by sickness, and having cast the essoin de malo veniendi, had found himself obliged to return home, the order of essoins, conformably with what was likely to be the real fact, led to the essoin de malo lecti. 1 Reeve, Hist. Eng. Law, 412; Bracton, fol. 344 b. DE MANUCAPTIONE (Lat. of mainprize). A writ directed to the sheriff, commanding him to take sureties for the prisoner's appearance, — usually called mainpernors, — and to set him at large. Fitzh. Nat. Brev. 250; 1 Hale, P. C. 141; Coke, "Bail & Mainprize," c. 10; Reg. Orig. 268 b.