Magna Carta: A Commentary on the Great Charter of King John
(3): Aut utlagetur, aut exuletur, aut aliquo modo destruatur.
20th Century William Sharp McKechnie EnglishThe declaration of outlawry, which could only be made in the county court, was a necessary preliminary to the forfeiture of the outlaw’s lands and goods. The expedient recommended itself peculiarly to John’s genius; it was his policy to terrify those with whom he had quarrelled, until they fled the country; to summon them three times before the county court, knowing that they dared not face his corrupt and servile officers; and finally to have them formally outlawed and their property seized. Such had been the fate of Robert Fitz Walter and Eustace de Vesci, in the autumn of 1212. The outlawed man was outside the pale of society; anyone might slay him at pleasure; in the grim phrase of the day, he bore “a wolf’s head” (caput lupinum), and might be hunted like a noxious beast. A reward of two marks was offered for each outlaw’s head brought to Westminster. This sum was paid in 1196 for the head of William of Elleford. The word “exiled” explains itself; and commentators have very properly noted the care taken to widen the scope of the clause by the use of the words “or in any other way destroyed.”