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 ?
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.
This reading partially explains why outlawry was seen as appropriate for Gamelyn to solve his feud with Johan, yet the conflict between folk law and crown law as central to The Tale of Gamelyn can be investigated more deeply by a closer scrutiny of the mechanisms of social control and self-help.
On the following logic, it is: Lawrence's elimination of homosexuality's outlawry is driven by a message of inclusion and integration into the larger community of constitutional persons entitled to, for now, at least, some basic constitutional rights.
52-83; Salmon Levinson, Outlawry of War, Issued by the American Committee for the Outlawry of War, Chicago, University of California, 1921, s.
Hague Regulations prohibiting treachery is "construed as prohibiting assassination, proscription, or outlawry of an enemy, or putting a price upon an enemy's head, as well as offering a reward for an enemy 'dead or alive.
Despite the security of holding land and wealth, displeasing the king could result in outlawry or exile, such as that experienced by Osgod clapa in 1046.
Building on the tradition of folk narratives which make assumptions about the audience's knowledge of the stories, their plots, and characters, the reason for Robin's outlawry is never made clear in the early ballads, not until Robin Hood's Progress to Nottingham, known in the sixteenth century and common in seventeenth century broadsides and garlands.
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.
10) The underlying crime was considered a war on the community, and outlawry was justified as a necessary response by the community to assert its control.
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.
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.
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.