Note 100 — Chapter VII
Reading edition
The reason assigned for these voluntary errors is, that the punishment of outlawry is greater than the crime on which it is inflicted—but is it more sensible to facilitate the defeat of an outlawry than to lessen too rigorous a punishment? [This was the ground mainly relied on by Mr. Justice Yates in his judgment, but was not adverted to either by Lord Mansfield, Mr. Justice Acton, or Mr. Justice Willes, in disposing of these preliminary motions. It is now admitted that the object of the process in outlawry is not penal, but to enforce the personal appearance of the party against whom it is issued.—E.]