Legal Definitions - waivery

Waivery is a historical legal term that described the act of formally declaring a woman to be outside the protection of the law. In medieval common law, women generally did not possess full legal standing; they could not independently initiate or participate in legal proceedings in the same way men could. Therefore, while men who committed serious offenses or evaded justice could be "outlawed," women were instead "waived." The effect was similar: a woman who was "waived" lost all legal rights and protections, becoming vulnerable to harm without legal recourse and forfeiting any property she held.

Here are a few examples illustrating the concept of waivery:

• Example 1: Evasion of Criminal Justice

  Imagine a scenario in 14th-century England where a woman named Elara is accused of a serious felony, such as theft or assault. To avoid arrest and trial, she flees her village and goes into hiding, actively evading the local authorities. Because Elara has deliberately evaded the legal process for a serious accusation, the authorities would declare her waived. This declaration would mean she had no legal standing to defend herself, own property, or seek protection from harm. If someone were to assault her or seize her possessions, she would have no legal recourse, as she was officially outside the law's jurisdiction and protection.

• Example 2: Obstruction of Justice as a Witness

  Consider a situation in the 15th century where a woman named Eleanor is a crucial witness in a murder investigation. She is repeatedly summoned to court to provide vital testimony, but she consistently refuses to appear, thereby obstructing the course of justice. Despite not being the accused, Eleanor's deliberate and repeated refusal to cooperate with a lawful court summons, hindering a serious legal inquiry, could lead to her being declared waived. This act would place her outside the law's protection, meaning she could be apprehended without a formal warrant, and any property she held could be seized. She would lose her ability to seek legal redress for any harm or injustice done to her, effectively becoming a non-entity in the legal system.