the punishment of a person who being called into law, and lawfully, according to the usual forms, fought, does contemptuously refuse to appear.

The effect of being outlawed at the suit of another, in a civil cause, is the forfeiture of all the person's goods and chattels to the king, and the profits of his land, while the outlawry remains in force. If in treason or felony, all the lands and tenements which he has in fee, or for life, and all his goods and chattels, are also forfeited ; and besides, the law interprets his absence as a sufficient evidence of guilt ; and without requiring farther proof, accounts the person guilty of the fact, on which ensues corruption of blood, &c. And then, according to Braeton, he may perish without law, &c. However, to avoid inhumanity, no man is intitled to kill him wantonly or wilfully ; but in so doing he is guilty of murder, unless it happens in endeavouring to apprehend him ; for any body may arrest an outlaw, either of his own head, or by writ or warrant of capias utlagatum, in order to bring him to execution.

If after outlawry, in civil cases, the defendant publicly appear, he is to be arrested by a writ of capias ut- lagatum, and committed till the outlawry be reversed : which reversal may be had by the defendant's appearing in court (and in the king's-bench, by sending an attorney, according to statute 4 and 5 W. and M. cap. 18.) and any plausible circumstance, however trifling, is in general sufficient to reverse it; it being considered only as a process to force appearance. The defendant must, however, pay full costs, and must put the plaintiff in the same condition as if he had appeared before the writ of exegi facias was awarded. It is appointed by magna charta, that no freeman shall be outlawed, but according to the law of the land. A minor or a woman cannot be outlawed.

In Scotland outlawry anciently took place in the case of refusal to fulfil a civil obligation, as well as in criminal cases. At present, however, it only takes place in the two cases of flying from a criminal prosecution, and of appearing in court attended by too great a number of followers. But the defender, upon appearing at any distance of time and offering to stand trial, is entitled de jure to have the outlawry reversed, and to be admitted to trial accordingly, and even to bail if the offence be bailable. See Waive.