OUT 
115 
OUT 
OU'TIMACKS. Indians between Lake Michigan and 
Lake St. Clair. 
OU'TLAND, adj. [utlaenbe, Sax. a ftranger.] Fo¬ 
reign : 
The little lamb nurs’d in our bofoms 
The outland pagans have depriv’d us of. 
Strutt's Q. Hoo Hall. 
OUTLAN'DER, f. A foreigner; one of another coun¬ 
try.—William Twifle, written and called, by fome out- 
landers and others, Twiflius and Tuiflius. A. Wood's 
Ath. Ox. ii. 4-0. 
OUTLAN'DISH, adj. Not native; foreign. — Even 
him [Solomon] did outlandijh women caufe to fin. Neh. 
xiii. 26.—Upon the approach of the king’s troops under 
general Wills, who was ufed to the outlandijh way of 
making war, we put in practice paflive obedience. Addifon. 
Yourfelf tranfplant 
A while from hence : purchance outlandijh ground 
Bears no more wit than ours; but yet more fcant 
Are thofe diverfions there, which here abound. Donne. 
Tedious wafte of time to fit and hear 
So many hollow compliments and lies, 
Outlandijh flatteries. Milton's P. R. 
OU'TLAW, f. [utlaga, Sax.] One excluded from the 
benefit of the law. A robber; a bandit.—Gathering unto 
him all the fcatterlings and outlaws out of the woods and 
mountains, he marched forth into the Englifh pale. 
Spevfer .—As long as they were out of the protection of 
the law, fo as every Englifhman might kill them, how 
fhould they be other than outlaws and enemies to the 
crown of England ? Davies on Ireland. —A drunkard is 
outlawed from all worthy and creditable converfe : men 
abhor, loath, and defpiie, him. South. 
You may as well fpread-out the unfunn’d heaps 
Of mifers’ treafure by an outlaw's den, 
And tell me it is fafe. Milton's Coimis. 
To OU'TLAW, v. a. To deprive of the benefits and 
protection of the law.—Like as there are particular per- 
fons outlawed and proferibed by civil laws, fo are there 
nations that are outlawed and proferibed by the law of 
nature and nations. Bacon .—The adminiltration of juf- 
tice (in India) is fo loaded with expenfe, that the great 
body of the people are actually outlawed. Monthly 
Rev. lxxix. 
He that is drunken. 
Is outlaw'd by himfelf: all kind of ill 
Did with his liquor Hide into his veins. Herbert. 
OUTLAWRY, f A decree by which any mail is cut 
off from the community, and deprived of the protection 
of the law.—Divers were returned knights and burgeffes 
for the parliament; many of which had been by Richard 
III. attained by outlawries. Bacon's Hen. VII. 
By profeription and bills of outlawry, 
OCtavius, Antony, and Lepidus, 
Have put to death an hundred lenators. Shahrfpcarc. 
Outlawry is a puniflnnent inflicted for a contempt, 
in refuting to be amenable to the jultice of that court 
which hath authority to call a defendant before them ; 
and, as this is a crime of the higheft nature, being an a Cl 
of rebellion againft that flate or community of which he 
is a member, lo it fubjeCts the party to forfeitures and dif- 
abilities ; for he lofeth his liberam legem, is out of the 
king’s protection, See. Co. Litt. 128. Boft.fy Stud. 2. c. 3. 
1 Roll. Abr. 802. 
As to forfeitures for refuting to appear, the law diftin- 
guilhes between outlawries in capital cafes, and thofe.of 
an inferior nature; for, as to outlawries in treafon ami 
felony, the law interprets the party’s abfence a fufficient 
evidence of his guilt, and, without requiring further 
proof, accounts him guilty of the faCt, on which enfues 
eoruption of blood, and forfeiture of his eltate, real and 
perfonal. Co. Litt. 128. 3 Tnjl.161. But outlawry in per- 
fonal aClions does not occaiion the party to be looked on 
as guilty'of the faCt, nor does it occafion an entire forfei¬ 
ture of his real eftate, yet it is very fatal and penal in its 
confequences; for hereby he is retrained of his liberty, 
if he can be found ; forfeits his goods and chattels, and 
the profits of his lands, while the outlawry remains in 
force. Plow. 54.1. Show. Parl.Ca. 73. 
Outlaw'ry, in civil aCtions, is putting a man out of the 
protection of the law, fo that he is not only incapable of 
filing for the redrefs of injuries, but may be imprifoned, 
and forfeits all his goods and chattels, and the profits of 
his lands ; his perfonal chattels immediately upon the out¬ 
lawry, and the chattels real, and the profits of his land, 
when found by inquifition. 
If the defendant be a woman, the proceeding is called a 
waiver; for, as women were not fworn to the law, by taking 
the oath of allegiance in the leet, (as men anciently were 
when of the age of twelve years or upwards,) they could 
not properly be outlawed, or put out of the law, but were 
faid to be waived; that is, left out, or not regarded. Co. 
Litt. 122 b. And, for the fame reafon, an infant cannot 
be outlawed under the age of fourteen years. 2 Roll. Abr. 
805. Lord Coke fays, within the age of twelve years. 
1 In ft. 128 a. 
Outlawry is either upon mefne procefs before, or upon 
final procefs after, judgment. Upon mefne procefs, the 
plaintiff cannot proceed to outlawry, unlels the aCtion be 
commenced by original writ. 1 Sid. 159. Nor can the 
defendant be outlawed after judgment, unlefs the aCtion 
w-ere fo commenced. After judgment, the plaintiff may 
have an exigi facias, and proceed to outlawry, upon a 
capias adfatisfaciendum without an alias or p furies. And 
no writ of proclamation is required upon an exigent after 
judgment, but only upon mefne procefs. Cro. Jac..zyy. 
It is clear, that the courts at Weftminiter may iflue 
procefs of outlawry, and that the court of King’s Bench, 
either upon an indictment originally taken there, or re¬ 
moved thither by certiorari, may iflue procefs of capias 
and exigent into any county of England, upon a non eft 
inventus returned by the the riff of the county where he is 
indiCted, and a teftatum that he is in fome other county. 
2 Hale's Ilift. P. C. 198. Alfo juftices of oyer and ter¬ 
miner may iflue a capias or exigent, and fo proceed to the 
outlawry of any perfon indiCted before them, directed to 
the flieriffof the fame county where they held their leflions 
at common law ; and, by the ftatute 5 Ed. HI. c. 11. they 
may iflue procefs of capias and exigent to all the counties 
of England, againft perfons indiCted or outlawed of felony 
before them. But juftices of gaol-delivery regularly can¬ 
not iflue a capias or exigent. 2 Hate's HiJ't. P. C. 199. 
If a peer of the realm be indicted, and cannot be found, 
procefs of outlawry (hall be awarded againft him, and he 
fhall be outlawed per judicium coronatorum. 3 Ivjl. 31. 
Staundf. 130. 2 Hatch. P.C. c. 44- § 16, But in civil 
aCtions, between party and party, regularly a capias or exi¬ 
gent.lies not againft a peer; yet, in cafe of an indictment 
for treafon or felony, or for trefpafs vi S; armis, as an aflault 
or riot, procefs of outlawry fhall iflue againft a peer; there¬ 
fore, if a refcue be returned againft a peer; or if a peer 
be conviCt of a diffeifin with force, or denies his deed, and 
it be found againft him, a capias pro fine and exigent fhall 
iflue, for the king is to have a fine ; and the fame reafon 
holds upon an indictment of trefpafs or riot, much more 
in the cafe of felony. 2 Hale's Hijl. P.C. 199, 200. 
The effeCt of the writ of exegi facias, or exigent as it 
is commonly called, is, that the defendant be cited at five 
county-court days, a month between each other; and, if 
he appear not in that time, pro ex lege tehebitur, cum prin- 
cipi non obecliat, nec legi ; j ext ten c ex/egabitur; i. e. “ he 
fhall be pronounced to be out of the king’s protection, 
and deprived of the benefit of the law.” And then, ac¬ 
cording to BraCton, he may perifh without law, Sec. But 
now, to avoid fitch inhumanity, it is holden that no man 
is entitled to kill him wantonly or wilfully ; but, in fo 
