DE BONO ET MALO
de bono et malo (dee boh-noh et mal-oh), n.[Law Latin “for good and evil”] Hist1.For good
and evil. • A criminal defendant indicated full submission to the jury’s verdict by placing himself
or herself at the jury’s mercy de bono et malo. — Also termed de bien et de mal. 2. A special writ
of jail delivery issued by the justices of assize to enable them to try all criminal defendants who
were in jail where the court traveled. • Formerly, the judges were required to issue a separate writ
for every prisoner. This was replaced by a general commission of jail delivery.
“[T]hey have … a commission of general gaol delivery; which empowers them to try and
deliver every prisoner, who shall be in the gaol when the judges arrive at the circuit town,
whenever indicted, or for whatever crime committed. It was anciently the course to issue special
writs of gaol delivery for each particular prisoner, which were called the writs de bono et malo:
but, these being found inconvenient and oppressive, a general commission for all the prisoners has
long been established in their stead. So that, one way or other, the gaols are cleared, and all
offenders tried, punished, or delivered, twice in every year: a constitution of singular use and
excellence.” 4 William Blackstone, Commentaries on the Laws of England 267 (1769). [Blacks Law 8th]