county courts, at which the defendant 
has been alteady required. 
This was the only procefs of outlawry 
at common law, either in civil or crimi- 
hal cafes. With refpeét to the former, 
feveral ftacutes in the reigns of Henry 
VIII, and Edward VI, introduced a 
Writ of proclamation in. the cafe where 
the party was fuppofed converfant in a 
different county from that in which the 
action was brought; but thefe were 
fupereeded by . ft. .42 Eliz. c. 3, by 
which it is enacted, “ TDhat in every 
aétion’ perional, in which any writ of 
exigent fhall be awarded out of any 
court, gne writ of proclamation fhall be 
awarded out of the fame court, having 
the fame teite and return as the exigent, 
direéted and delivered of record to the 
fheriff of the county where the defend, 
ant, at the time of the exigent awarded, 
thal! be dwelling, on which the theriif 
fhall make ¢rce proclamations: one in 
the open court, one at the general 
quarter feflions of the peace, and the 
“ether one month, at the leaft, before the 
quinto exafus on the writ of exigent, at 
er near to the moft ufual door of the 
church, or chapel, of the town, or parifh, 
where the defendant was fuppofed to be 
dwelling at the time of the exigent 
awatded on a Sunday immediately after 
divine fervice. ; 
The ff. 4 and 5. W. & M.. c..22, 
§ 4 direGs, that on the iffuing of any 
exigent in eriminal cafes, before judg- 
ment or conviction, there fhall iffue a 
_ proclamation, bearing the fame tefte and 
return, on which the fame proceedings 
fhall be had, as in civil cafes,.by the 
fiatute of Elizabeth; and that this writ 
of proclamation fall be delivered to the 
theriff three months before the return. 
After judgment in a civil cafe, or 
conviction in a criminal cafe, no writ of 
préclamation is required, nor more than 
oné capias previous to the exigent; nor 
in the former is there any eccafion to re- 
vive the judgment by /crre facras after a 
year and a day, which, in cafes where 
there 1s no outlawry,, is indifpenfibly ne-~ 
ceflary.: 
In a crimimal cafe, where procefs of 
autlawry has been aivarded. for want of | 
appearance, if the party be arrefted, or 
furrender himfelf voluntarily, before 
judgment of outlawry pronounced, the. 
éherif isto keep him till the return of the | 
writ of exigent, and on his appearance. at. 
that. time, and pleading to the indi@- 
ment, &¢:.he may be bailed by the court 
Monruty Mac. No. Z13. 
Differtation on Mr. Perry's Qutlawry. 
549 
in any bailable cafe, as if he had appeared 
and pleaded before the exigent awarded; 
Ina ctvil cafe, if the defendant appear 
voluatarily, or be taken before outlawry 
pronounced, he may have a fuperfedeas 
on entering a common appearance of the 
term in which the exigent iffued, if the 
action do not require fpecial bail; but if 
it require {pecial bail, he cannot have 4 
fupertedeas, till that be put in. 
After convidtion in a criminal ¢afe, if 
the defendant come in, or be taken’ be« 
fore judgment of outlawry pronounced, 
he receives judgment on thé conviction, 
as if he had come in, or been taken 
before the exigent awarded. _ 
In a civil aétion, he may be difcharged 
on payment of the debt, and all the cofts 
incurred. — 
After judgment of outlawry pronouncs 
ed, all cafes, whether criminal or civil, 
whether before or after conviction or 
judgment, the fheriff muft return the 
writ of exigent at the day of the return, 
into the court from whence it iifued; as 
well as the writ of proclamations where 
that has taken place: the return of the 
fheriff is a hiftory of all that. has been 
done in obedience to the writ of writs. 
On this return being made and filed, 
if the defendant do net appear, a writ of 
capias utlagatum iflues, which is either 
general or fpecial, and may be iffued inte 
any county. In the firit inftance, the, 
general writ only commands the fheriff 
to take the defendant, and have his body 
in court at the day of the return: the 
fpecial writ not only commands. the 
fheriff to take the defendant, but to hold 
an inquifition of what goods and chat- 
tels, lands and tenements, he had on the 
day of his outlawry, or at any time after ; 
and to take them into the king’s hands, 
&c. and return to the court from whence, 
the writ iffued, on the return day, what, 
he has done on it. — 
In a civil aétion, whether before ox 
after judgment, if the defendant take na, 
fiep to reverfe the outlawry, the law has 
pointed out a mode by which the plain- 
tik may have the benefit of his fuit, 
where any property is levied by virtue 
of the writ; which, however, it is 
foreign from the purpofe of the prefent 
enquiry to deferibe. ri ; 
Previous to the ft. 4 and ¢ Ws & 
M.c. 18, a perfon outlawed on mefhe 
precefs, in a civil aédtion, could mot have 
been bailed by the fheriff, if taxen on the 
capias utlagatum, nor could he have 
seyer(ed the gatlawry by attorney, bur 
aie A ee oo 2 ees 
