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[001] exile of the realm; if1 he has gone into exile in accordance with the law he is not
[002] de jure to be exacted2 further. An outlawry will also be void when the exacted man
[003] is outlawed before the time allowed him by law, since the full time fixed by the
[004] law ought to accrue to his advantage. Hence it is evident that if he appears
[005] before that time expires and commits himself to prison his exception ought to be
[006] heard; it is otherwise, as is evident, if he appears after that time. It will also be
[007] void if, with suit or without, the county court has outlawed one under age,3 for
[008] below the age of twelve one will not be under the law and until then cannot be
[009] placed outside the law.4 Since outlawry such as that described in the foregoing
[010] cases and others like them is void, [outlaws] are of right and accompanying grace5
[011] to be restored to everything, provided they answer appellors and make their
[012] defence by the law of the land. An outlawry is also void, it seems, if the deed for
[013] which one was exacted is civil and not criminal,6 for which one would [not] lose
[014] life or members. Indeed flight alone without7 contumacy, without crime or a true
[015] or presumptive causa, does not entail outlawry.8 In some of the lighter crimes,
[016] however, flight increases the punishment, as may be seen in the case of one appealed
[017] of the crime of rape, who were he present and convicted would lose no more than his
[018] members; he sometimes loses his life, on account of his flight. 9<The deeds [for which
[019] one may be outlawed] are of many different kinds. There are major and minor crimes,
[020] [as above in the tractate on crimes,]10 and, if it is sued criminally, one may be
[021] outlawed for a minor crime as for a major. Also for rape contra pacem, and for every
[022] other trespass committed contra pacem, [and for a delict (if felony and breach of the
[023] king's peace is assigned; it is otherwise of the sheriff's peace [in the county court],
[024] and elsewhere where nothing except damages are recovered)11 where nothing
[025] other than a pecuniary punishment follows.]12 though of the lightest kind, when one
[026] called to the king's peace13 refuses to appear. 14This is chiefly because of contumacy,
[027] which may sometimes condemn to death one who absents himself, who, had he
[028] appeared, would have lost no more than a limb or would have suffered nothing
[029] more than imprisonment and ransom or a pecuniary penalty. There is no greater
[030] crime than disobedience,15 [for one may be excommunicated for contempt and
[031] disobedience just as for any mortal sin,]16 since all men ought to be subject to
[032] the king as surpassing all in virtue and to his ministers as sent from him.17 Thus
[033] divine law agrees to some extent with human.>



Notes

1. ‘si’

2. ‘interrogandus’

3. Infra 375

4. Supra 353

5. Infra 373

6. Infra 369, 375, 378

7. ‘sine,’ as supra 355

8. Infra 362, cf. 374

9. Supra i, 386

10. Supra 289, 290

11. Infra 411, 437

12. Om: ‘Item pro transgressione,’ a connective;

13. Sutherland in L.Q.R., lxxxii, 486-7

14. New sentence

15. Infra iv, 368

16. C. 11, qu. 3, ca. 37: Tancred 136; infra iv, 369

17. Pet. i. 2: 13: ‘Subiecti igitur estote omni humanae creaturae propter Deum, sive regi quasi praecellenti sive ducibus tanquam ab eo missis’; C. 11, qu. 1, ca. 28; Azo, Summa Cod. 1.14, no. 16; Policraticus, v, 4 (546d); Drogheda, 40


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