552 
office of therifF of the fame county, as 
follows—-Then folloyred the hificry of 
the proceedings to-o atlawry, co neluding 
thus: “ therefore, by the aaa Of 
E. Walter, efq. and J. Hodeton, efq. 
his Majefty’s coroners for the faid county 
of Middlefex, the faid &. Perry, accord- 
Ing tothe law and mikern of England, is 
outlawed:’—The anfwer of A. Bra andon, 
efq. and fir B, Tibbs, knt. theriff:— Tis 
<urit, as above endorjed, awas delivered to 
mie, ‘the pr ‘efent froeriff; by the above-named 
late foerigf,, at the time of bis going out. of 
bis faid office of fherif-—The anton of 
P. Perchard, efg. and C. Hammerton, 
efq. fheriff, ° 
‘Three errors were affigned on i. 
record * 1. That it did not appear that 
any writ of capias was iiued. 2. That 
3t did not appear in what) year and term 
the exigent iffued. And, 3. That it did 
not appear, that the exigent was deli- 
vered by the late fherif to the prefent 
fheriff, his immediate fucceffor in office. 
" As to the firft, it was anfwered, and 
the anfwer was fuppor ted by a oefevctte 
“to precedents, that the writ of capias 
was awarded in the common and wufua 
form ; and that, therefore, it muft be 
taken for granted, that it adtually iffued : 
—To the fecond, that it appeared, by 
the record, that “the Writ Of ¢ujzas was 
Yeturned on _Wednefday next, after fif- 
veen days from the day of © Eafter + — 
whereupon, by another writ, &c. that 
the word whereupon referred ‘to. the day 
on which the capias was returned, and 
fufficiently fated the day and year when 
the writ of exigent was awarded.—To 
the third, that it was exprefsly ftated, 
that the writ of exigent was deliveted 
to the prefent theriff, “by the date fheriff, 
at the time of his going out of office ; 
and, befides, it apptared, that the guznto 
exadius, by the late fheriff, was on the 
zoth of Auguft, and the return, by the 
prefent {heriff, on the morrow of All 
Souls, within which ‘time, the court 
could not intend, that there 1 was any in- 
Outlawry....Oviginal Memsirs of he late Robert Burns. {Sup 
tervening fheriif, but thar the writ mu 
have been returned by the immediate 
fucce flor. 
‘The judgment. of outlawry was af- 
firmed. 
The effet of the reverfa/ of an out: 
lawry in a civil aéion, whether before 
or after judgment, has been before men- 
ticned. in.a criminal cafe, rhe effeét of 
a reverial of an outlawry before ap-+ 
pearance, is, that the defendant may 
plead and have a trial, as if he had ap- 
peared inthe firg inftance ; 5 after convic- 
ton, that he receives the fame judgment 
he would. have done, if he Had “hever 
been outlawed. . | 
It remains now to fhow the effett of 
an afirmance of the judgment of outs 
Jawry. = 
ina c:vil cafe, whether before or af- 
ter j gment, the effect is, that-all the 
goods, ‘chattels, and leafehold property, 
andthe rents and profis of the freehold 
property are forfeited to the king. 
Outlawry in treafon or felony, before 
appearance, is confidered as a conviction 
and attainder of the offence charged in 
the indid&ment; ‘ And many men," 
faid Lord MansGeld, in ‘the cafe -of . 
Wilkes, “who never were tried, have 
been executed on the out! lawry.? 
So late as the year'ry92, James Yan- 
dellreceived fentence of death, on the 
affrmance of an outlawry, for not ap- 
pearing to an indisiment for fheep-fteal- 
ing. After conviétion, an outlawry cin 
only be confidered as procefs to bring the 
party convicted ‘ake court, to receive 
that judgment which he would have re- 
ceived if he had never been out of cuf- 
tody. 
‘In mifdemeanors, outlawry is general- 
ly a more Yevere punifhment then would 
be inflicted for the offence of which the 
outlaw, ftands accufed of convicted. Ir 
is perpetual imprifonment, a forfeiture 
of his goods and chattels, and all thé 
profits of his real eftate, with many in- 
capacities ! ! | ON Se . 

MEMOIRS OF THE LIFE OF THE Et ROBERT BURNS. 
| [Continued from pagé 213, No KV. g 
ib the mean time, fome few copies 
of thefe fafcinating poems found their 
way to Edinburgh ; “and one was com- 
municated ‘to the late amiable and inge- 
nious Dr. THomas BLacKkLock. There 
was, perhaps, never one among all man- 
Kind, whom you might more truly have 
called az angel upon earth, than Dr. 
BLACKLOCK: he was guilelefs and in- 
bis Foluwie.)) 
nocent as a child, yet endowed with 
manly fagacity and penetration; his 
heart was a perpetual {pring of over- 
flowing benignity ; his feelings were all 
tremblingly alive to the fenfe of the fub- 
lime, the beautiful, the tender, the pi- 
ous, the virtuous :—-poetry was to him 
the dear folace of perpetual blindnels ; ; 
cheerfulnefs, even tO galety, was, not- 
withitandieg 
