De odio et atia

A writ directed to the sheriff, commanding him to inquire whether a prisoner charged with murder was eommitted upon just cause of suspicion, or merely propter odium et atiam, (through hatred and ill will;) and if, upon the inquisition, due cause of suspicion did not appear, then there issued another writ for the sheriff to admit him to bail. 3 Bl, Comm. 128,

Breve, L. Lat. Writ of hatred and malice. A writ which anciently lay for a person committed to prison on a charge of homicide, and who otherwise could not be bailed. It was directed to the sheriff, commanding him to make inquisition by the oaths of lawful men, whether the party in prison was charged through malice, {utrum rettatus de odio et atia,) or upon just cause of suspicion. If it was found that he was accused odio et atia, and that he was not guilty; or if he committed the deed se defendendo, or per infortunium, then a writ of tradas in ballium might issue, commanding the sheriff, if the prisoner could find twelve good and lawful men of the county, who would be mainpernors for him, then he should deliver him to them in bail. Reg, Grig, 133 b. Bract. fol. 123. 3 BL Com. 128. 1 Reeves' HisL Eng, Law, 252. 2 Id. 14. Crahb's HisL 148. Mag, CharL c. 26. StaL Westm. 2, c. 29. This writ was one of the great securities of personal liberty in England, resembling in its objects the writ of hahea^ corpus, by which it is now superseded. 1 Reeves* Hist. 262. It is first mentioned by name in Magna Charta, (as breve inquisitionis,) which ordained that it should issue in future gratis, and should never be denied; but Mr. Crabb supposes it was not introduced by statute, but existed at common law. Crabb's HisL 148. It was abolished by statute 28 Edw. III. c. 9. But Lord Coke considered it to have been revived by the Stat. 42 Edw. III. c. 1. 3 BL Com, 129. See Atia.

Vide Writ de odio et atia. DE PROPRIETATE PRO-