the punishment of a person who being called into law, and lawfully, according to the usual forms, sought, 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 Bracton, he may perish without law, &c. However, to avoid inhumanity, no man is entitled to kill him wantonly or wilfully; but in so doing he is guilty of murder, unless it happens in endeavouring to apprehend him; for anybody may arrest an outlaw, either of his own head, or by writ or warrant of capitis 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 capitis utlagatum, 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 *exigat 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.

**OVUM ANGUINUM.** See ANGUINUM.

**OUTWORKS,** in Fortification, all those works made without-side the ditch of a fortified place, to cover and defend it. See FORTIFICATION.

**OUSEL,** a species of Motacilla. See ORNITHOLOGY Index.

**OWEN,** Thomas, a judge of the common-pleas, son of Richard Owen, Esq. of Condover in Shropshire, was educated at Oxford. Having taken a degree in arts, he left the university, and entered himself of Lincoln's Inn in London, where in process of time he became an eminent counsellor. In 1583 he was elected Lent-reader to that society. In 1592 he was made sergeant at law, and queen's sergeant soon after. He arrived at length at the dignity of judge of the common-pleas; which office he is said to have executed, during five years, with great abilities and integrity. He died in 1598; and was buried on the south side of the choir in Westminster abbey, where a monument was erected to his memory. He had the reputation of a learned man, and a patron of literature. He was the author of "Reports in the common pleas, wherein are many choice cases, most of them thoroughly argued by the learned sergeants, and after argued and resolved by the grave judges of those times, with many cases wherein the differences of the year-books are reconciled and explained." Lond. 1656, folio.

**OWEN,** Dr John, an eminent and learned dissenting minister, was born in 1616, at Hadham, in Oxfordshire, of which place his father was vicar. He made such surprising proficiency in learning, that at twelve years of age he was admitted into Queen's college, Oxford, and in 1635 was made master of arts; but soon after, disapproving the new regulations made by Archbishop Laud their chancellor, with which he refused to comply, he was obliged, in 1737, to leave the university: when taking orders, he became chaplain to Sir Robert Dormer of Ascot in Oxfordshire, and was at the same time tutor to his eldest son. He was afterwards chaplain to John Lord Lovelace of Hurley in Berkshire. When the civil war broke out, he openly avowed the cause of the parliament; which was so resented by an uncle who had intended to leave him his estate, that he discarded him, and left it to another. Yet though Lord Lovelace joined the king, he treated his chaplain with great civility: but on his taking the field with the royal army, Mr Owen went to London, and soon after joined the non-conformists. In 1642 he published his book, intitled, *A Display of Arminianism,* which laid the foundation of his future advancement: for the committee for purging the church of scandalous ministers were so pleased with it, that Mr White their chairman sent him a presentation of the living of Fordham in Essex: but when he had been there about a year and a half, the patron hearing that the sequestered incumbent was dead, presented another to the living; upon which the earl of Warwick gave Mr Owen the living of Coggeshall. He had not, however, been long at that town before he left the Presbyterians; and, joining the Independents, formed a church there. He was now sent for several times to preach before the parliament; and among the rest on the 28th of February 1648-9, the day of humiliation for the intended expedition to Ireland. Cromwell, who was present at this last discourse, and had never heard him before, was extremely pleased with it, and desired his company into Ireland, and that he would reside in the college of Dublin. This he did; but returned in about half a year. Soon after Cromwell sent him into Scotland; but he also returned from thence after about half a year's stay at Edinburgh. He was then promoted to the deanery of Christ-church, Oxford, whither he went in 1651; and Cromwell, being now chancellor of the university, nominated him his vice-chancellor. The next year he was created doctor of divinity by diploma. Dr Owen enjoyed the post of vice-chancellor five years; during which he behaved with the greatest moderation; for, though often solicited, he never molested the meeting of the royalists at the house of Dr Willis the physician, where divine service was performed according to the liturgy of the church of England: and though he was a commissioner for ejecting scandalous ministers, he frequently overruled his brethren in favour of those royalists who were distinguished by their merit. At the death of Cromwell, he was removed from the vice-chancellorship; and at the Restoration was ejected from his deanery of Christ-church. But he had provided himself a comfortable retreat at an estate he had purchased at Hadham. He now employed himself in preaching as often as he had an opportunity, and in writing books; one of which, intitled *Fiat Lux,* falling into the hands of Lord Clarendon, he was so pleased with it, or (as is said) from policy pretended to be so, that he sent for Dr Owen, and acknowledging the service he had done by it to the Protestant religion, offered to prefer him in the church if he would comply; but he desired to be excused.—His moderation drew him respect from persons of opposite principles; and in the number of his friends were Dr Wilkins bishop of Chester, and Dr Barlow bishop of London. He died at Ealing in 1683. His works are printed in seven volumes folio.

Wood, after censuring him in many respects, says nevertheless, that, "to speak impartially, he was a person well skilled in the tongues, Rabbinical learning, and Jewish rites and customs; that he had a great command of his English pen, and was one of the gentlest and fairest writers who have appeared against the church of England."

**OWHYHEE,** the easternmost, and by far the largest, of the Sandwich islands. Its greatest length from north to south is 28½ leagues, its breadth 24, and its circumference... Owhyhee, circumference nearly 300 English miles. It is divided into six large districts; two of which on the north-east side are separated by a mountain, that rises in three peaks, which is perpetually covered with snow, and may be seen clearly at 40 leagues distance. To the north of this mountain, the coast consists of high and steep cliffs, down which fall many beautiful cascades of water. The whole country is covered with cocoa-nut and bread-fruit trees. The peaks of the mountain on the north-east side appear to be about half a mile in height, and entirely covered with snow. To the south of this mountain, the coast presents a prospect of the most dreary kind, the whole country appearing to have undergone a total change by means of some dreadful convulsion. The ground is everywhere covered with cinders, and intersected in many places with black streaks, which seem to mark the course of a lava that has flowed not many ages since from the mountain to the shore. The southern promontory looks like the mere dregs of a volcano. The projecting headland is composed of broken and craggy rocks, piled irregularly one upon another, and terminating in sharp points; yet amidst these ruins, there are many pieces of rich soil, which are carefully laid out in plantations, and the neighbouring sea affords a vast variety of excellent fish: so that this quarter is much better inhabited than those which are more verdant. The fields are inclosed with stone fences, and are interspersed with groves of cocoa nut trees. We are told indeed by some of Cook's people who walked through a considerable part of it, that they did not observe a spot of ground, that was susceptible of improvement left unplanted; and indeed the country, from their account, could scarcely be cultivated to greater advantage for the purposes of the natives. They were surprised at seeing several fields of hay; and upon their inquiry, to what particular use it was applied, they were informed, that it was intended to cover the grounds where the young taro grew, in order to preserve them from being scorched by the rays of the sun. They observed among the plantations a few huts scattered about, which afforded occasional shelter to the labourers; but they did not see any villages at a greater distance from the sea than four or five miles. Near one of them, which was situated about four miles from the bay, they discovered a cave forty fathoms in length, three in breadth, and of the same height. It was open at each end; its sides were fluted as if wrought with a chisel; and the surface was glazed over, perhaps by the action of fire. There are supposed to be on this island about 150,000 inhabitants. So long as the name of Captain Cook shall be remembered, this island will not be forgotten; for he here fell a victim to a strange concatenation of events. See Cook.

We have the following account of the inhabitants of this island in Ellis's Authentic Narrative, &c. "The men are above the middle size, stout, well made, and fleshy, but not fat. Corpulency is not altogether so great a mark of distinction in these as in the Society isles; and tallness, for which the Otaheiteans have great partiality, is also overlooked. Their colour is in general brown olive. The women are in general masculine, though there are some delicately made, and the voice of them all is soft and feminine. The hair both of the head and beard is black; that of the head the men wear in the form of a helmet, that is, a long frizzled ridge from the forehead to the neck, the sides being much shorter. This fashion seems to prevail only among the principal people, that of the inferior sort being of an equal length in every part. Most of them were very desirous of parting with their beards, which, they said, were disagreeable and troublesome, and were fond of being shaved by our people. Some of the priests wore their beards long, and would not on any account part with them. The women wear their hair long before, but very short behind, which is not the most becoming mode; and, like those of the Friendly isles, they have a way of rendering it of different colours, red, yellow, and brown. The features of both sexes are good, and we saw some of the females who might really be called fine women. Their teeth are even, and perfectly white. In general, they seem to be very healthy, and we observed several who appeared to be of great age. As to diseases we saw none who laboured under any during our stay, except the venereal complaint; coughs and colds indeed were pretty general, and one man died. From what we could learn of his disorder from the natives, it was a violent griping or colic.

"Both men and women appeared to be of a good disposition, and behaved to each other with the tenderest regard: when they did fall out, which sometimes was the case, occasioned by the upsetting of a canoe, or some such trifling accident, they only scolded a little, and this was soon over and forgotten. We never saw them strike each other upon any occasion. They are all thieves, from the aree to the toto, but not quite so expert at it as our Otaheite friends.

"The custom of tattooing prevails greatly among these people, but the men have a much larger share of it than the women; many (particularly some of the natives of Mow'whoe) have one half of their body, from head to foot, marked in this manner, which gives them a most striking appearance. It is done with great regularity, and looks remarkably neat: some have only an arm marked in this manner, others a leg; some again have both arm and leg, and others only the hand. The women are for the most part marked upon the tip of their tongue; but of these we saw but few. Both sexes have a particular mark according to the district in which they live; or it is rather the mark of the aree, or principal man, under whose jurisdiction they more immediately are. We never saw the operation of tattooing performed, nor could we procure a sight of the instruments used upon this occasion; but it is likely they are much the same as those of the Friendly and Society isles.

"Both men and women are very cleanly in their persons; the latter wash their whole bodies in fresh water twice and sometimes three times a day; but the women of Otaheite have the advantage of them in one point of cleanliness, which is eradicating the hairs from under the arm-pits. This is a custom we observed nowhere but at the Society isles.

"There are no people in the world who indulge themselves more in their sensual appetite than these; in fact, they carry it to a most scandalous and shameful degree, and in a manner not proper to be mentioned. The ladies are very lavish of their favours; but are far from being so mercenary as those of the Friendly or Society isles, and some of their attachments seemed purely the effect Their clothing consists of cloth of different kinds; that worn by the men, which is called marro, is about half a yard wide, and four yards long; that of the women three quarters of a yard wide, and of the same length as the men's: this they call pah-owawa; they both wear it round their middle, but the men pass it between their legs. This is the general dress of both sexes; but the better sort sometimes throw a large piece loosely over their shoulders. Besides the marro, they have several other kinds of cloth, which derive their names either from the different uses they are applied to, or their different texture and pattern; all, however, as far as we could learn, are made from the Chinese paper mulberry tree. The principal of these is the cappa, which is about 10 or 12 feet long, and nearly as many wide, and is thick and warm; they wrap themselves up in this when they retire to sleep. They have another kind, which is white, and much thinner; this, as has been before observed, they throw loosely over their shoulder; it is sometimes 20 or 30 yards long, and wide in proportion. The marro and pah-owawa are curiously painted of various patterns, but the others are generally white, or dyed red, black, and yellow.

The principal ornaments of the men are the feather caps and cloaks; some of the latter reach down to their heels, and have a most magnificent appearance. They are made for the most part of red and yellow feathers, which are tied upon fine net-work. The caps are composed of the same kind of feathers, which are sometimes intermixed with black; they are secured upon a kind of basket-work, made in the form of a helmet. Both caps and cloaks are made of various patterns and sizes. The cloaks are not all composed of the same kind of feathers, but are sometimes varied with the long tail feathers of the cock, with a border of yellow or red, and sometimes with those of the tropic bird. Both caps and cloaks, however, are only to be seen in the possession of the principal people. They have also a kind of fly-flap, made of a bunch of feathers fixed to the end of a thin piece of smooth and polished wood: they are generally made of the tail feathers of the cock, but the better sort of people have them of the tropic bird's feathers, or those belonging to a black and yellow bird called mohó. The handle is very frequently made of one of the bones of the arms or legs of those whom they have killed in battle, curiously inlaid with tortoise shell: these they deem very valuable, and will not part with them under a great price. This ornament is common to the superiors of both sexes.

The women too have their share in the ornamental way: that which they value most is the orai. This is a kind of ruff or necklace, made of red, green, black, and yellow feathers, curiously put together, and in most elegant patterns, which really do honour to the fancy of the ladies, whose business it is to make them. They never think themselves dressed without one or two of these round their necks, and those who can afford it wear many. Others again are composed of small variegated shells, disposed in a very neat manner; and some consist of several rows of twisted hair, with a piece of carved wood or bone, highly polished, the bottom part forming a curve. The higher the quality of the wearer, the greater is the size of the wood or bone, and the quantity of the twisted hair. The next thing is the poo-remah or bracelet; the most valuable are made of boar's tusks fastened together side by side with a piece of string, by means of a hole drilled through the middle; the larger the tusks, the greater the value. Sometimes two shells tied round the wrists with twisted or braided hair, serve the purpose of bracelets; but even in this case they show great nicety, being particularly careful to match them as near as possible. They were prodigiously fond of those we gave them, which were only a few beads, secured by thread upon a strip of scarlet cloth, and made to button round the wrist. So much did they at first value them, that a small hatchet and one of these would purchase a hog, which without it could not have been bought for three large hatchets. The women were perpetually teasing the men to dispose of their various articles for these bracelets; at least one of them was always to make a part of the price." W. Long. 156. o. N. Lat. 19: 28.