Outlawry
Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879
Dictionary of Terms and Phrases Used in American or English Jurisprudence
An ancient proceeding, putting a man out of the protection of the law, so that he became incapable of bringing an action for redress of injuries, and forfeited all his goods and chattels to the king. Outlawry was a process which might be resorted to against an absconding defendant in a civil or criminal proceeding. An outlawry for treason or felony operated as a conviction and attainder; and, anciently, a person outlawed might be killed by any one who should meet him. But as early as the reign of Edward III. it was held that no man was entitled to kill him, except the sheriff having lawful warrant. [Cowel; 1 Bl. Com. 43; Srd. 284; 4 Id. 319; 3 Steph. Com. 495; 4 7rf. 383, 465. ) By later rules, though an outlaw could not prosecute any action, except for the purpose of reversing the outlawry, he might appear for the purpose of protecting himself from the claims of others, or might come to the court to set aside proceedings taken against him. He was not prohibited from suing or defending in another's right; he was a competent witness, though he could not be a juror. But the whole proceeding is now practically obsolete. Siozley Sf W.