declinatory plea

declinatory plea
A plea which was at one time interposed before trial or conviction setting up the defendant's right to benefit of clergy. But later, when a defendant was allowed his clergy even after conviction, the plea was not used, for the reason that the prisoner had a chance of acquittal without using it and could pray for benefit of clergy after conviction and before judgment. A plea of sanctuary was also called a declinatory plea. See 4 Bl Comm 333.

Ballentine's law dictionary. . 1998.

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  • Declinatory plea — Declinatory De*clin a*to*ry (?; 277), a. [LL. declinatorius, fr. L. declinare: cf. F. d[ e]clinatoire.] Containing or involving a declination or refusal, as of submission to a charge or sentence. Blackstone. [1913 Webster] {Declinatory plea} (O.… …   The Collaborative International Dictionary of English

  • declinatory plea — noun Etymology: translation of Medieval Latin declinatoria exceptio : a plea denying the court s jurisdiction; especially : the plea of benefit of clergy or of sanctuary …   Useful english dictionary

  • declinatory plea — /daklaynatoriy pliy/ In English practice, the plea of sanctuary, or of benefit of clergy, before trial or conviction. 4 Bl.Comm. 333. Now abolished …   Black's law dictionary

  • declinatory plea — /daklaynatoriy pliy/ In English practice, the plea of sanctuary, or of benefit of clergy, before trial or conviction. 4 Bl.Comm. 333. Now abolished …   Black's law dictionary

  • Declinatory — De*clin a*to*ry (?; 277), a. [LL. declinatorius, fr. L. declinare: cf. F. d[ e]clinatoire.] Containing or involving a declination or refusal, as of submission to a charge or sentence. Blackstone. [1913 Webster] {Declinatory plea} (O. Eng. Law),… …   The Collaborative International Dictionary of English

  • declinatory exceptions — /daklaynatoriy aksepshans/ Such dilatory exceptions as merely decline the jurisdiction of the judge before whom the action is brought. A plea to the jurisdiction rationse persorue …   Black's law dictionary

  • declinatory exceptions — /daklaynatoriy aksepshans/ Such dilatory exceptions as merely decline the jurisdiction of the judge before whom the action is brought. A plea to the jurisdiction rationse persorue …   Black's law dictionary

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