Online Encyclopedia

OUTLAWRY

Online Encyclopedia
Originally appearing in Volume V20, Page 381 of the 1911 Encyclopedia Britannica.
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OUTLAWRY  , the

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process of putting a person out of the
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protection of the law; a punishment for contemptuously refusing to appear when called in court, or evading justice by disappearing . It was an offence of very early existence in England, and was the punishment of those who could not pay the were or
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blood-
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money to the relatives of the deceased . By the Saxon law, an outlaw, or laughlesman, lost his libera lex and had no protection from the frank-
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pledge in the decennary in which
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Satara to
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Baroda, where he incurred the resentment of the he was sworn . He was, too, a frendlesman, because he forfeited I Bombay government by his fearless exposure of corruption . his friends; for if any of them rendered him any assistance, they became liable to the same punishment . He was, at one time, said to be caput lupinum, or to have a wolf's head, from the fact that he might be knocked on the head like a wolf by any one that should meet him; but so early as the time of Bracton an outlaw might only be killed if he defended himself or ran away; once taken, his
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life was in the king's hands, and any one killing him had to answer for it as for any other homicide . The party guilty of outlawry suffered forfeiture of chattels in all cases, and in cases of treason or
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murder forfeiture of real
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property: for other offences the profits of
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land during his lifetime . In cases of treason or felony, outlawry was followed also by corruption of blood . An outlaw was civiliter mortuus . He could not sue in any court, nor had he any legal rights which could be enforced, but he was personally liable upon all causes of
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action . An outlawry might be reversed by proceedings in error, or by application to a court . It was finally abolished in
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civil proceedings in 1879, while in criminal proceedings it has practically become obsolete, being unnecessary through the general adoption of extradition
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treaties .

A woman was said to be waived rather than outlawed . In

Scotland outlawry or fugitation may be pronounced by the supreme criminal court in the absence of the panel on the day of trial . In the
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United States outlawry never existed in civil cases, and in the few cases where it existed in criminal proceedings it has become obsolete .

End of Article: OUTLAWRY
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