DE ODIO ET ATIA

de odio et atia (dee oh-dee-oh et ay-shee-<<schwa>>), n.[Law Latin “of hatred and malice”]

Hist. A writ ordering a sheriff to summon a 12-member jury to inquire whether a prisoner jailed

for murder was charged for a good reason or only because of ill-will and to determine whether bail

should be set. • If the prisoner was accused out of spite or had committed the crime in self-defense,

then another writ called tradas in ballim would have been issued ordering the sheriff to release the

prisoner on bail if the sheriff could find 12 good citizens of the county to vouch for the prisoner.

This writ, similar to habeas corpus, was first mentioned in Magna Carta. — Also termed breve de

bono et malo. [Blacks Law 8th]