Outlaw

Outlaw in United Kingdom

Concept of Outlaw; Outlawry

The following is an old definition of Outlaw; Outlawry [1], a term which has several meanings:1. Outlawry is putting a man out of the protection of the law, so that he is incapable of bringing an action to redress an injury, and forfeits his goods and chattels to the king. If, after outlawry, the defendant appears publicly, he may be arrested on a writ of capias utiagatum [that you take or seize the outlaw] and be committed till he appears in court, in person or by attorney. Being merely to compel appearance, any cause, however slight, will reverse the judgment. The punishment under an indictment for a misdemeanor is the same as under a civil action,- forfeiture of goods. But an outlawry in treason or felony amounts to a conviction and attainder. Anciently, an outlawed felon was said to have a caput lupinum, – he might be knocked on the head like a wolf by any one, because, having renounced all law, he was to be dealt with as in a state of nature; yet now, no man may kill him, except in endeavoring to arrest him. And any person may ar- rest him, under criminal prosecution, either of his own head or by warrant. If any point be omitted or misconducted, the whole proceeding is illegal, and, after reversal upon a writ of error, the accused may defend himself against the indictment. An outlaw could rep- resent another person under protection of the law

Alternative Meaning

Referring to a claim, as, a debt due on a promissory note, “outlawed” means barred by the statute of limitations.

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Notes and References

  1. Meaning of Outlaw; Outlawry provided by the Anderson Dictionary of Law (1889) (Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims and an Exposition of the Principles of Law: Comprising a Dictionary and Compendium of American and English Jurisprudence; William C. Anderson; T. H. Flood and Company, Law Publishers, Chicago, United States)

English Law: Outlaw in the Past

One who is put out of the protection or aid of the law. 22 Vin. Ab. 316; 1 Phil. Ev. Index, h. t.; Bac. Ab. Outlawry; 2 Sell. Pr. 277; Doct. Pl. 331; 3 Bl. Com. 283, 4. [1][rtbs name=”history-of-english-law”]

Resources

Notes and References

  1. Partialy, this information about outlaw is based on the Bouvier´s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier´s Law Dictionary, including outlaw.

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