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.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

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.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
Outlawry offers a disciplined means of dismantling this distorted
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.
Ferrell, Peace in Their Time, s.52-83; Salmon Levinson, Outlawry of War, Issued by the American Committee for the Outlawry of War, Chicago, University of California, 1921, s.1-23.
Outlawry may be consistent with some regimes, but it is not consistent with the regime contemplated by the Fourteenth Amendment....
Like Sir Richard in the Gest, Robin is disinherited by corrupt clergy: "those false guests, conspiring with the Prior, / To whome Earle Robert greatly is in debt, / Meane at the banquet to betray the Earle, / Unto a heavie writ of outlawry" (Downfall 104-7).
obtained, then the ancient common law doctrine of 'outlawry,'
Upon judgment therefore of death, and not before, the attainder of a criminal commences: or upon such circumstances as are equivalent to judgment of death; as judgment of outlawry on a capital crime, pronounced for absconding or fleeing from justice, which tacitly confesses the guilt.
(8) Centuries later, European states adopted a similar condition called "outlawry," which deprived certain criminals of all legal protections.
This chapter also articulates the gradual shift in the severity of penalties exacted for convictions of witchcraft; initially, punishment only involves minor forms of outlawry in cases of private practice, but after the thirteenth century, all pagan practices are outlawed and the sentence is death.
The ancient common law doctrine of attainder led to automatic extinction of various civil rights and capacities, such as the rights to inherit and to hold or deal with property, where the accused was sentenced to death or outlawry having been convicted of treason or a felony.
Local history of the community seemed to have developed untouched by vast history, especially the outlawry of all Evangelical denominations--by order of Marshal Ion Antonescu, in December 1942; The Baptist cult was, in fact, the first one recognized by State in November 1944.