matter, before judgment or conviction, there shall also issue a writ Proclamation of proclamation, bearing the same teste and return, where the of outlawry. person in the record of proceeding is mentioned to inhabit, according to the form of stat. 31 El. c. 3., which writ of proclamation shall be delivered to the sheriff three months before the return of the same. If there are two coroners in a county, or more, one may execute Return of the the writ, as in case of an exigent, but the return must be in the outlawry. name of the coroners. 2 Hale, 56. And the return of the outlawry must be certain; it must shew Must be cerwhere the county court was held, and in what county; and must tain. return the day and year of the king, to every exactus. 2 Hale, 203. Also the sheriff's name and office must be subscribed to the return of the exigent. 2 Hale, 204. It is said that the justices in sessions cannot issue a capias Capias utlagautlagatum, but must return the record of the outlawry into the tum. K. B., and the process of capias utlagatum shall issue. 2 Hale, 52. Semb. But in T. 10 J. 1., the opinion of all the court of common pleas Justices of was, that if one be outlawed before the justices of the peace on an peace may indictment of felony, they may award a capias utlagatum, and so award. was the opinion of Periam chief baron, and all the court of exchequer; for they that have power to award process of outlawry, have also power to award a capias utlagatum, as incident to their authority and jurisdiction. 12 Rep. 103. If a person be outlawed at the suit of one man, all men shall Consequences take advantage of this personal disability. 1 Inst. 128. But such disability abateth not the writ, but only disableth the plaintiff, until he obtain a charter of pardon. 1 Inst. 128. of outlawry. Upon outlawry in treason or felony the offender shall lose and For treason or forfeit as much as if he had appeared and judgment had been felony. given against him, as long as the outlawry is in force. 2 Haw. c. 48. § 22. But the outlawry for a misdemeanor doth not enure as a con- For an inferior viction for the offence, as it doth in cases of treason and felony: offence. but as a conviction of the contempt for not answering, which contempt is therefore punished, not by fine as a conviction for the offence, but by forfeiture of goods and chattels for the contempt. R. v. Tippen, 2 Salk. 494. The very issuing of the exigent, in case of treason or felony, Goods forfeited gives to the king the forfeiture of the goods of the party from the from the time time of the teste of the writ of exigent: and the forfeiture by the of issuing the exigent awarded stands, although the indictment be quashed, exigent. until there be a judgment of reversal on a writ of error: because the king's title being of record must be avoided by a record. 2 Hale, 204, 205. And as the award of the exigent gives the forfeiture of the Lands forfeited goods, so the outlawry gives the forfeiture or loss of the lands of from the time the party outlawed; to wit, in case of outlawry of treason his of the outlawry. lands are forfeited to the king, of whomsoever they are held; and in case of outlawry of felony to the lord by escheat, of whom they are immediately holden. 2 Hale, 206. But it must be remembered that the bare judgment of outlawry But the outby the coroner, without the return thereof of record, is no attainder, lawry must be nor gives any escheat; but it must be returned by the sheriff, with first returned. Personal chattels. Real chattels. It is not lawful to kill an outlaw. Judges of assize may award execution of persons outlawed before justices of the peace. Clergy in cases of outlawry. 3 & 4 W. 3. c. 9. Person outlawed for offence not within clergy. Person outlawed cannot be plaintiff. Cannot be a juror. May be a wit ness. May make a will. Executor may reverse. Modes of reversing. the writ of exigi facias, and the return indorsed. 2 Hale, 206. Or else it must be removed by certiorari; for the judgment given by the coroner in the county court is not matter of record, that court not being a court of record. 1 Inst. 288. And by the outlawry all personal chattels are vested in the king by forfeiture; but real chattels, or freehold estates, are not vested in the king till after inquisition found. 3 Salk. 262. In ancient times no man could have been outlawed but for felony, the punishment whereof was death; and upon this account an outlawed man was called wolfeshead; because he might be put to death by any man, as a wolf, that hateful beast, might. But in the beginning of the reign of K. Ed. 3. it was resolved by the judges, for avoiding of inhumanity, and of effusion of christian blood, that it should not be lawful for any man but the sheriff, having lawful warrant, to put to death any man outlawed, though it were for felony; and if he did, he shall undergo such pain of death, as if he had killed any other man: and so the law continues to this day. 1 Inst. 28. If a man be indicted before justices of the peace, and thereupon outlawed, and is taken and committed to prison, the justices of gaol-delivery may award execution of this prisoner; for they are constituted to deliver the gaol. 4 Inst. 166. Hale's Sum. 158. 2 Hale, 35. Where clergy is allowable, it shall be as much allowed to one who is outlawed, as to one who is convicted by verdict or confession. 2 Haw. c. 33. § 27. But a statute taking the benefit of clergy from those who shall be found guilty doth not thereby take it from those who are outlawed. 2 Haw. c. 33. § 28. But by stat. 3 & 4 W. 3. c. 9. § 2., if any person be indicted of any offence, for which, by any former statute, he is excluded from clergy upon conviction, if he shall be outlawed thereupon, he shall not have his clergy. By any former statute.] Hereby it appears that this extends not to offences made felonies by statutes subsequent to this statute. 2 Haw. c. 33. § 49. Where a person is outlawed, the defendant may shew all the matter and outlawry returned of record, and demand judgment if he shall be answered, because he is out of the law, to sue an action during the time that he is outlawed. 1 Inst. 128. It seems to be a good challenge of a juror, that he is outlawed either for a criminal matter, or as some say, in a personal action; but not a principal challenge, but only to the favour, unless the record of the outlawry be produced. 2 Haw. c. 25. § 16. c. 43. § 25. But it seems clear that outlawry in a personal action is not a good exception against a witness, as it is against a juror. 2 Haw. c. 46. § 21. An outlawed person may make a will, and have executors or administrators. Cro. El. 575. And an executor may reverse the outlawry of the testator, where he was not lawfully outlawed. 1 Leon. 325. Outlawry may be reversed several ways; as, by procuring a su persedeas, and delivering it to the sheriff before the quinto exactus, or by shewing any matter apparent on record which makes the outlawry erroneous, as the want of an original, or the omission of process, or want of form in a writ of proclamation, or a return by a person appearing not to be sheriff, or a variance between the original and exigent or other process, or by a misnomer, or want of addition. 2 Haw. c. 50. And upon a writ of error upon an outlawry in felony, the party outlawed must render himself in custody, and pray the allowance of the writ of error in person; and if the outlawry be reversed, he shall be put to answer the indictment. 2 Hale, 209. But by stat. 4 & 5 W. 3. c. 18., one outlawed, except for treason or felony, need not appear in person to reverse an outlawry, but may appear by attorney. 2 Salk. 496. There is another kind of process out of a court of record against offenders, called attachment, which is generally for contempt; which belongs to title Attachment. you The process against jurors may be seen in the title Jurors, ante. in 9 your Forms of Processes; and First, of a Venire. GEORGE the Fourth, by the grace of God, of the united kingdom of Great Britain and Ireland king, defender of the faith. To the sheriff of the county of greeting. We command that you omit not, by reason of any liberty in your bailiwick, but that you cause A. O. of said county, yeoman, to come before our justices assigned to keep our peace, and also to hear and determine divers felonies, trespasses, and other misdemeanors in the said county, committed at county, on the unto us upon certain articles presented against him the said A. O. And have you there then this precept. at of our reign. the day of day of in your said next ensuing, to answer Witness J. P. and K. P. year And upon this venire, if the defendant be returned sufficient, and maketh default, then a distringas shall be awarded, and so the same process infinite, until he come in: but if a nihil habet be returned at the first, then after the venire there shall go out a capias, alias, pluries, and exigent. Dalt. Sher. 160. Form of a Distringas. GEORGE the Fourth, by the grace of God, of the united king- in your county, yeoman, by all his lands and tenements, &c., and that you answer for the issues thereof, &c. and that you have his body before our justices assigned [and so on as before in the venire]. But if a nihil (as hath been said) be returned at first upon the venire facias; then a capias shall issue thus : GEORGE the Fourth, by the grace of God, of the united kingdom of Great Britain and Ireland king, defender of the faith. To the sheriff of the county of ", greeting. We command you that you omit not, by reason of any liberty in your bailiwick, but that you enter the same, and take A. O. of in your county, yeoman, if he shall be found in your bailiwick, and him cause to be safely kept, so that you have his body before our justices assigned to keep our peace, and also to hear and determine divers felonies, trespasses, and other misdemeanors in the said county committed, at in your county, on the day of And have next ensuing, to answer unto us concerning divers trespasses, contempts, and offences, of which he is indicted. you there then this writ. Witness J. P. and K. P. at the day of in the year of our reign. At which day A. S. knight, sheriff of the county aforesaid, returned that he is not found in his bailiwick, and he did not come. Therefore it is commanded as before. Note. The cause why the entry is made, and he did not come, is, because the party may appear voluntarily, and so avoid the attachment or arrest of his body. (as before); and he did not come. before). At which day There fore it is commanded to the sheriff, as it hath been often commanded, &c. The Pluries Capias. GEORGE, &c. The sheriff, &c. We command you, as we have often commanded you, that you omit not (as before). At which day A. S. knight, the sheriff aforesaid, returned, that the aforesaid A. O. is not found in his bailiwick, and he did not come. Therefore it is commanded, that you cause to be demanded, &c. The Exigent. in 9 GEORGE, &c. To the sheriff, &c. greeting. We command you that you cause A. O. of your county, yeoman, to be demanded, until by the law and custom of our kingdom of England he be outlawed, if he shall not appear; and if he shall appear, that then you take him and cause him to be safely kept, so that you have his body before our justices assigned to keep our peace, and also to hear and determine divers felonies, trespasses, and other misdemeanors in your said county committed, at the general quarter sessions of the peace of your county, next after the feast of next ensuing to be held, wheresoever in the same county the said sessions shall happen to be holden, to answer unto us of divers trespasses, contempts, and offences, of which he is indicted. And have you then there this writ. Witness Sir J. P., baronet, at the in the said county, year of our reign. the day of in At which day A. S., knight, sheriff of the county aforesaid, returned, that at the county holden at — in the of The Capias Utlagatum. GEORGE, &c. To the sheriff, &c. greeting. We command you that you omit not, by reason of any liberty in your county, but that you take A. O., late of -, in your county, labourer, if he shall be found within your county, and him cause safely to be kept, so that you have his body before the keepers of our peace and our justices assigned to hear and determine divers felonies, trespasses, and other misdemeanors in your county committed, at to stand right in our court before our justices aforesaid, upon a certain outlawry against him the said A. O. promulgated, at our suite for certain felonies (or trespasses) whereof he is indicted. And have you then there this writ. Witness, &c. " the day of Profaneness. See tit. Blasphemy. Prophecies. [33 H. 8. c. 14.-1 Ed. 6. c. 12.-3 & 4 Ed. 6. c. 15.-5 El. c. 15.] BY stat. 5 Eliz. c. 15., if any person shall advisedly and directly 5 Eliz. c. 15. advance, publish, and set forth by writing, printing, signing, from armorial or any other open speech or deed, any fond, fantastical, or false Prophecies prophecy, upon or by the occasion of any arms, fields, beasts, bearings, times, badges, or such other like things accustomed in arms, cognizances, events, &c. or signets, or upon or by reason of any time, year, or day, name, bloodshed, or war, to the intent thereby to make any rebellion, insurrection, dissension, loss of life, or other disturbance in the realm; and shall be convicted thereof before a judge of assize, or justice of the peace, within six months after the offence committed, he shall for the first offence be imprisoned for a year, and forfeit Punishment. 10l.; and for the second offence shall be imprisoned for life, and forfeit his goods: half the forfeitures to the king, and half to him who shall sue for them in any court of record. The intent of the act was to abolish certain foolish and superstitious notions which prevailed in the times of ignorance, as were set forth in a statute made in the 33 H. 8. c. 14. reciting, Where 33 H. 8. c. 14. divers and sundry persons, making their foundation by prophecies, Similar enacthave taken upon them a knowledge (as it were) what shall become ments. of them which bear in their arms, cognizance, or badge, fields, beasts, fowls, or any other thing which hath been used or accustomed to be put in any of the same, or in and upon the letters of their names, have devised, descanted, and practised to make folk think, that by their untrue guesses, it might be known what good or evil things should come, happen, or be done, by or to such persons as bore or had such badges or cognizances, or had such letters in their names, to the great terror and destruction of such |