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Encyclopedia Britannica



OUTLAWRY

This article appears in Volume V20, Page 381 of the Encyclopedia Britannica.

Encyclopedia Britannica - Main :: ORC-PAI
OUTLAWRY , the process of putting a person out of the
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 blood-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-pledge in the decennary in which
Satara
  to 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 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 murder forfeiture of real property: for other offences the profits of 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 action. An outlawry might be reversed by proceedings in error, or by application to a court. It was finally abolished in civil proceedings in 1879, while in criminal proceedings it has practically become obsolete, being unnecessary through the general adoption of
extradition
  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 United States outlawry never existed in civil cases, and in the few cases where it existed in criminal proceedings it has become obsolete.


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