Outlawry


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Outlawry

A declaration under old English Law by which a person found in Contempt on a civil or criminal process was considered an outlaw—that is, someone who is beyond the protection or assistance of the law.

During the Anglo-Saxon period of English history, a person who committed certain crimes lost whatever protection he or she had under the law, forfeited whatever property he or she owned, and could be killed by anyone. If the crime committed was Treason or a felony, a declaration of outlawry was tantamount to a conviction and attainder. Outlawry for a misdemeanor did not, however, amount to a conviction for the offense. The Norman Conquest led to significant changes in the law governing outlawry, eventually leading to its abolition.

See: banishment, criminality, lynch law, prohibition

OUTLAWRY, Eng. law. The act of being put out of the protection of the law by process regularly sued out against a person who is in contempt in refusing to become amenable to the court having jurisdiction. The proceedings themselves are also called the outlawry.
     2. Outlawry may take place in criminal or in civil cases. 3 Bl. Com. 283; Co. Litt. 128; 4 Bouv. Inst. n. 4196.
     3. In the United States, outlawry in civil cases is unknown, and if there are any cases of outlawry in criminal cases they are very rare. Dane's Ab. eh. 193, a, 34. Vide Bac. Ab. Abatement, B; Id. h.t.; Gilb. Hist. C. P. 196, 197; 2 Virg. Cas. 244; 2 Dall. 92.

References in periodicals archive ?
Th[e] romance with decadence and outlawry exists in heterosexual culture too and particularly in gay male culture.
The 'shell' outside this one, which relates the life of outlawry, is notably marked by folklore but also features genuine toponymy and much historical fact.
At the opening of the book Sartore defines outlawry as the action of declaring someone to be outside the protection of the law; exile or banishment as enforced removal from the land according to an edict or sentence; and abjuration as an oath to leave a town or country forever.
His outlawry is distinct from that of Robin Hood, because he is not noble and selfless, and he does not use violence towards one class, or group, to benefit another.
Outlawry Provides Coherent Principles for Legitimating and
51) The executors of the estate of an outlawed deceased could use a writ of error to demonstrate a defect in the outlawry.
The pedagogy at issue--in which outlawry trains outlaws--cruelly preempts the idealized lessons about sovereignty and citizenship on offer in "Mount Shasta.
A wonderful contemporary example of utopian reasoning is contained in Philip Kerr, "The Outlawry of War," Journal of the Royal Institute of International Affairs, 7 (November 1928), 361-68.
At the time of the proclamation of his outlawry "he was in the king's service beyond the sea in the town of Caen".
Outlawry sometimes led to blood feuds and certainly exposed those not obedient to the law to violation of person and property; but, importantly, the taking of person or property for either punishment or restitution was not institutionalized.
13) These are poems of unrelenting gloom, as the following quatrains from Eoghan Ruadh Mac an Bhaird's "Lonely is Ireland Tonight" demonstrate: "Lonely is Ireland tonight: / The outlawry of her native stock / Fills with tears the cheeks of her men and her lair women: / That the land should be desolate is unusual // Lonely tonight is Connla's Plain, / Though crowded with a foreign host: / The strong, vigorous land's complement / Have been banished to Spain.
Topics addressed by the collection's 15 papers include the king's power to legislate in 12th and 13th century Denmark; the interplay between law, sin, and honor in conflicts between magnates and kings in 13th century Norway; 12th century views of power in Peter the Venerable's Contra Petrobrusianos and in canon law; outlawry and ecclesiastical power in medieval Norway; power, law, and the administration of justice in England, 900-12000; England's Second Baron's War and the legal status of rebellion; professional lawyers and treason in early 14th century England and France; Anselm of Canterbury's view of God's law in England; and the insertion of bureaucratic structures in medieval clientelic societies.