Outlawries Bill
Encyclopedia
A Bill for the more effectual preventing clandestine Outlawries, usually referred as Outlawries Bill, is customarily the first bill
on the agenda of the United Kingdom
's House of Commons
at the start of each session of Parliament
.
presents it, nor has it ever been ordered to be printed, and it is not intended to make any further progress. However, it bears symbolic import; by not discussing the contents of the Queen's speech immediately, the Commons is demonstrating that it can debate on whatever it chooses, and set its own business.
The practice of giving a first reading to a bill before debating the Speech dates back to at least the 16th century. Various bills were used for the purpose - originally they were just normal bills and could progress to a second reading. The Outlawries Bill was first introduced in the 1727 session and has been used every year thereafter (except for 1741 and 1742).
John Wilkes
interrupted the reading of the bill in 1763, to complain about his imprisonment, but the Speaker
required the bill to be dealt with first. In 1794, Richard Sheridan used the reading of the bill to raise the subject of the suspension of the Habeas Corpus Act
.
is the Select Vestries Bill
.
In Canada
, similar pro forma bills are introduced in both houses of Parliament
, numbered bills C-1 and S-1
. They are traditionally entitled An Act respecting the Administration of Oaths of Office in the House of Commons and An Act relating to Railways in the Senate, although the text of the bills do not mention oaths of office or railways.
, i.e. putting him outside of the sphere of legal protection. In the common law
of England, a judgment of (criminal) outlawry was one of the harshest penalties in the legal system, since the outlaw could not use the legal system to protect them if needed, e.g. from mob justice. To be declared an outlaw was to suffer a form of civil death
. No one was allowed to give him food, shelter, or any other sort of support – to do so was to commit the crime of aiding and abetting
, and to be in danger of the ban oneself. In effect, (criminal) outlaws were criminals on the run who were "wanted dead or alive".
By the rules of common law, a criminal outlaw did not need to be guilty of the crime he was outlawed for. If a man was accused of a crime and, instead of appearing in court and defending himself from accusations, fled from justice, he was committing serious contempt of court which was itself a capital crime; so even if he were innocent of the crime he was originally accused of, he was guilty of evading justice.
There was also civil outlawry. Civil outlawry did not carry capital punishment with it, and it was imposed on defendants who fled or evaded justice when sued for civil actions like debts or torts. The punishments for civil outlawry were nevertheless harsh, including confiscation of chattels (movable property) left behind by the outlaw.
In the civil context, outlawry became obsolescent in civil procedure
by reforms that no longer required summoned defendant
s to appear and plead. Still, the possibility of being declared an outlaw for derelictions of civil
duty continued to exist in English law until 1879 and in Scots law
until the late 1940s. Since then, failure to find the defendant and serve process is usually interpreted in favour of the defendant, and harsh penalties for mere nonappearance (merely presumed flight to escape justice) no longer apply.
However, a similar issue to "clandestine outlawries" is currently known as "sewer service". While the penalties for wilfully not attending court when supposedly summoned to court are no longer termed "outlawry", they can include "default judgment" against defendant in civil cases and penalties for "contempt of court", including imprisonment. Although the laws since 19th century mostly require "personal service" of process, and sworn "proof of process" that the defendant has received notice of trial, in many areas the parties involved in service of process get away with perjured proof of process, claimimg to have delivered the legal documents which in fact have not reached defendant (but rather been discarded "in sewer").
When a defendant in civil or criminal cases could not be found, the reason would not always be clear. A person might depart for perfectly innocent reasons and be completely unaware that a criminal accusation or civil suit might be brought against him after his departure. The English common law, however, established a rule that if a defendant could not be found (or did not show up for court) after a certain waiting period and proper public advertisements, he could be assumed to have fled or hid to escape justice, and subjected to the appropriate punishments for contempt of court.
A "clandestine outlawry" would be a judgment of outlawry passed against a defendant without giving the legal action proper publicity and the defendant adequate opportunity to be notified and answer the charges. The Outlawries Bill contemplates two manners in which this might happen.
The first possibility considers that litigants - whether attorneys, solicitors or any other persons - might know the county where the defendant is dwelling, but nevertheless fail to send or deliver the Writ of Proclamation to the sheriff of the proper county. In other words, they might sue a defendant in a remote place and, knowing where the defendant lives, fail to contact the defendant by official channels.
The second possibility refers to a previous Act of Outlawry describing the proper proclamations to be made to seek a legal defendant, and considers that a sheriff might neglect or refuse to make such proclamations, and nevertheless report (returning the writ) that the person was not found (and therefore presumed to be escaping justice).
The text of the Outlawries Bill provides penalties for both kinds of malefactors (sheriffs and plaintiffs), leaving blanks for the actual penalties, to be decided during further discussion of the Bill.
Before the Outlawries Bill became a symbolic custom, two Outlawry Acts were passed into English law: the Outlawry Act 1331 and the Avoidance of Secret Outlawries Act 1588, neither of which is still in force.
Bill (proposed law)
A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....
on the agenda of the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
's House of Commons
British House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
at the start of each session of Parliament
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
.
Ceremonial purpose
The bill is introduced after the Queen's Speech, after the Commons have returned to their chamber, but before any debate on the contents of the Speech. No Member of ParliamentMember of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
presents it, nor has it ever been ordered to be printed, and it is not intended to make any further progress. However, it bears symbolic import; by not discussing the contents of the Queen's speech immediately, the Commons is demonstrating that it can debate on whatever it chooses, and set its own business.
The practice of giving a first reading to a bill before debating the Speech dates back to at least the 16th century. Various bills were used for the purpose - originally they were just normal bills and could progress to a second reading. The Outlawries Bill was first introduced in the 1727 session and has been used every year thereafter (except for 1741 and 1742).
John Wilkes
John Wilkes
John Wilkes was an English radical, journalist and politician.He was first elected Member of Parliament in 1757. In the Middlesex election dispute, he fought for the right of voters—rather than the House of Commons—to determine their representatives...
interrupted the reading of the bill in 1763, to complain about his imprisonment, but the Speaker
Speaker (politics)
The term speaker is a title often given to the presiding officer of a deliberative assembly, especially a legislative body. The speaker's official role is to moderate debate, make rulings on procedure, announce the results of votes, and the like. The speaker decides who may speak and has the...
required the bill to be dealt with first. In 1794, Richard Sheridan used the reading of the bill to raise the subject of the suspension of the Habeas Corpus Act
Habeas Corpus Act
Habeas Corpus Act may refer to several Acts of Parliament and Acts of Congress relating to Habeas Corpus:*Habeas Corpus Act 1640 of the Parliament of England*Habeas Corpus Act 1679 of the Parliament of England...
.
Other legislatures
The equivalent bill used by the House of LordsHouse of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
is the Select Vestries Bill
Select Vestries Bill
A bill for the better regulating of Select Vestries, usually referred to as the Select Vestries Bill, is customarily the first bill introduced and debated in the United Kingdom's House of Lords at the start of each session of Parliament...
.
In Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, similar pro forma bills are introduced in both houses of Parliament
Parliament of Canada
The Parliament of Canada is the federal legislative branch of Canada, seated at Parliament Hill in the national capital, Ottawa. Formally, the body consists of the Canadian monarch—represented by her governor general—the Senate, and the House of Commons, each element having its own officers and...
, numbered bills C-1 and S-1
Bills C-1 and S-1
Bills C-1 and S-1 are pro forma bills introduced in the House of Commons and Senate respectively at the opening of each session of the Parliament of Canada. The bills are given a first reading and are then never proceeded with further. Being pro forma pieces of legislation, introducing them is...
. They are traditionally entitled An Act respecting the Administration of Oaths of Office in the House of Commons and An Act relating to Railways in the Senate, although the text of the bills do not mention oaths of office or railways.
Background
The term Outlawry referred to the formal procedure of declaring someone an outlawOutlaw
In historical legal systems, an outlaw is declared as outside the protection of the law. In pre-modern societies, this takes the burden of active prosecution of a criminal from the authorities. Instead, the criminal is withdrawn all legal protection, so that anyone is legally empowered to persecute...
, i.e. putting him outside of the sphere of legal protection. In the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
of England, a judgment of (criminal) outlawry was one of the harshest penalties in the legal system, since the outlaw could not use the legal system to protect them if needed, e.g. from mob justice. To be declared an outlaw was to suffer a form of civil death
Civil death
Civil death is a term that refers to the loss of all or almost all civil rights by a person due to a conviction for a felony or due to an act by the government of a country that results in the loss of civil rights...
. No one was allowed to give him food, shelter, or any other sort of support – to do so was to commit the crime of aiding and abetting
Aiding and abetting
Criminal=Aiding and abetting is an additional provision in United States criminal law, for situations where it cannot be shown the party personally carried out the criminal offense, but where another person may have carried out the illegal act as an agent of the charged, working together with or...
, and to be in danger of the ban oneself. In effect, (criminal) outlaws were criminals on the run who were "wanted dead or alive".
By the rules of common law, a criminal outlaw did not need to be guilty of the crime he was outlawed for. If a man was accused of a crime and, instead of appearing in court and defending himself from accusations, fled from justice, he was committing serious contempt of court which was itself a capital crime; so even if he were innocent of the crime he was originally accused of, he was guilty of evading justice.
There was also civil outlawry. Civil outlawry did not carry capital punishment with it, and it was imposed on defendants who fled or evaded justice when sued for civil actions like debts or torts. The punishments for civil outlawry were nevertheless harsh, including confiscation of chattels (movable property) left behind by the outlaw.
In the civil context, outlawry became obsolescent in civil procedure
Civil procedure
Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits...
by reforms that no longer required summoned defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
s to appear and plead. Still, the possibility of being declared an outlaw for derelictions of civil
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
duty continued to exist in English law until 1879 and in Scots law
Scots law
Scots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...
until the late 1940s. Since then, failure to find the defendant and serve process is usually interpreted in favour of the defendant, and harsh penalties for mere nonappearance (merely presumed flight to escape justice) no longer apply.
However, a similar issue to "clandestine outlawries" is currently known as "sewer service". While the penalties for wilfully not attending court when supposedly summoned to court are no longer termed "outlawry", they can include "default judgment" against defendant in civil cases and penalties for "contempt of court", including imprisonment. Although the laws since 19th century mostly require "personal service" of process, and sworn "proof of process" that the defendant has received notice of trial, in many areas the parties involved in service of process get away with perjured proof of process, claimimg to have delivered the legal documents which in fact have not reached defendant (but rather been discarded "in sewer").
Content
Since the bill is now neither printed nor debated, its exact text is unclear. The following outlawry bill, as introduced during the reign of Queen Victoria, may serve as an illustration for such a bill's form. Missing details such as dates or penalties are indicated in brackets.When a defendant in civil or criminal cases could not be found, the reason would not always be clear. A person might depart for perfectly innocent reasons and be completely unaware that a criminal accusation or civil suit might be brought against him after his departure. The English common law, however, established a rule that if a defendant could not be found (or did not show up for court) after a certain waiting period and proper public advertisements, he could be assumed to have fled or hid to escape justice, and subjected to the appropriate punishments for contempt of court.
A "clandestine outlawry" would be a judgment of outlawry passed against a defendant without giving the legal action proper publicity and the defendant adequate opportunity to be notified and answer the charges. The Outlawries Bill contemplates two manners in which this might happen.
The first possibility considers that litigants - whether attorneys, solicitors or any other persons - might know the county where the defendant is dwelling, but nevertheless fail to send or deliver the Writ of Proclamation to the sheriff of the proper county. In other words, they might sue a defendant in a remote place and, knowing where the defendant lives, fail to contact the defendant by official channels.
The second possibility refers to a previous Act of Outlawry describing the proper proclamations to be made to seek a legal defendant, and considers that a sheriff might neglect or refuse to make such proclamations, and nevertheless report (returning the writ) that the person was not found (and therefore presumed to be escaping justice).
The text of the Outlawries Bill provides penalties for both kinds of malefactors (sheriffs and plaintiffs), leaving blanks for the actual penalties, to be decided during further discussion of the Bill.
Before the Outlawries Bill became a symbolic custom, two Outlawry Acts were passed into English law: the Outlawry Act 1331 and the Avoidance of Secret Outlawries Act 1588, neither of which is still in force.
External links
- Parliament's article about the Bill (PDFPortable Document FormatPortable Document Format is an open standard for document exchange. This file format, created by Adobe Systems in 1993, is used for representing documents in a manner independent of application software, hardware, and operating systems....
) - A-Z of Parliament (BBCBBCThe British Broadcasting Corporation is a British public service broadcaster. Its headquarters is at Broadcasting House in the City of Westminster, London. It is the largest broadcaster in the world, with about 23,000 staff...
)