| 释义 |
privity|ˈprɪvɪtɪ|
Now chiefly techn. (in Law, etc.). Forms: 3–5 privete, -vite (also 4–6 pre-; 3–5 -vy-, 4–5 -ve-, -va-; -tee); 5–7 privitie, 6– privity.
[ME. privete, -ite, a. OF. priveté, privité (a 1200 in Godef.) privacy, a secret, etc., ad. L. type *prīvitās, -ātem, abstr. n. f. prīv-us private, peculiar: see -ity.]
†1. A thing that is kept hidden or secret.
a. A divine or heavenly mystery; a secret of nature. the book of privity (privities), the Apocalypse. Obs.
a1225Ancr. R. 154, I boðe me ivint þet God his derne runes, & his heouenliche priuitez scheawede his leoue freond. a1300Cursor M. 23193 Als sais þe bok in priuete [v.r. of priuate], Þat to sant Iohn was scaud to se. c1380Wyclif Wks. (1880) 309 Jon euaungelist spak..in his book of priuetees. 1382― Matt. xiii. 11 To ȝou it is ȝouen for to knowe the mysterie, or priuyte, of the kyngdam of heuenes. c1400Mandeville (Roxb.) xiv. 61 In spirit he was rauischt intill heuen, whare he sawe heuenly priuetez. 1470Bk. Quintess. 5 Þis is a passyng souereyn priuytee.
†b. A secret matter, design, purpose, or plan; a secret. Obs.
a1300Cursor M. 7228 (Cott.) Þe wijf..For noiþer for luue, dredes, ne au, Dos man his priuetes to scau. 1375Barbour Bruce x. 161 [He] schew till sum his preuate. 1382Wyclif Prov. xx. 19 To hym that openeth priuetes, and goth gilendeli, and spredeth abrod his lippis. 1558in Feuillerat Revels Q. Eliz. (1908) 8 marg., A Privitie to be amongest the officers. 1567Golding Ovid's Met. vii. 157 O trustie time of night Most faithfull unto privities. 1625K. Long tr. Barclay's Argenis 268, I..did willingly scorn the danger which that hope and privity might afford.
†c. One's private thought or counsel; private business; personal affairs. Obs.
c1290S. Eng. Leg. I. 22/116 Whon he him schewede þere so muche of his priuyte. a1300Cursor M. 2738 (Cott.) Fra þe wil i noght helle mi priueté. 1375Barbour Bruce v. 572 The king..richt towart thair cowert gais..For till do thar his preuate. c1430Lydg. Min. Poems (Percy Soc.) 166 He is a foole, whiche to every wight Tellithe his counsail and his privité. 1596Spenser F.Q. iv. ix. 19 Yet neither shewed to other their hearts privity.
†2. The condition of being private; privacy, seclusion, retirement; concealment, secrecy; chiefly in phr. in privity, in privacy, in private. Obs.
a1225Ancr. R. 146 Riht hond is god werc & bosum is priuite. Ibid. 152 Niht, ich cleopie priuite. c1290S. Eng. Leg. I. 65/409 Ase Moyses opon synay was bi olde dawe Fourti daiȝes in priuete. a1300Cursor M. 16271 (Cott.) Noght als in priueti [v. rr. priuite, priuete, previte] i sai, Bot in yur aller sight. c1400Mandeville (Roxb.) xv. 69 He wald speke with me in priuetee betwene vs twa. 1528Roy Rede me ii. (Arb.) 101 Happely they do it in prevete. a1661Fuller Worthies, Oxford. (1662) ii. 338 Being ambitious of Privity and Concealment.
†3. Private or secret fellowship; intimacy, familiarity. Obs.
a1240Ureisun in Cott. Hom. 185 Ich nabbe no mong, ne felawscipe, ne priuete, wiþ þe world. 1390Gower Conf. III. 289 The question..toucheth al the privete Betwen thin oghne child and thee. a1450Knt. de la Tour (1906) 119 And bare hem more fauour and priuete thanne vnto her owne frendes. 1485Caxton Paris & V. 37 The pryuete and promesse that he had wyth vyenne.
4. The private parts. Chiefly in pl. Now rare.
c1375Sc. Leg. Saints ii. (Paul) 712 Ay as men war hyr scherand Þai prewetes. c1386Chaucer Monk's T. 724 His Mantel ouer hise hypes caste he For no man sholde seen his priuetee. c1450Cov. Myst. ii. (Shaks. Soc.) 27 Oure pore prevytés ffor to hede, Summe ffygge levys fayn wolde I fynde. 1555W. Watreman Fardle Facions i. iv. 41 The moste part of them..go naked; couering their priuities with shiepes tayles. 1713Hearne Collect. (O.H.S.) IV. 217 One Hand she holds up, namely y⊇ right one, the left upon her Privities. 1822–34Good's Study Med. (ed. 4) II. 405 The inflammations that are stated to have fallen upon the privities.
transf.1604T. M. Black Bk. in Middleton's Wks. (Bullen) VIII. 24 The bare privities of the stone-walls were hid with two pieces of painted cloth.
5. The fact of being privy to something; participation in the knowledge of something private or secret, usually implying concurrence or consent; private knowledge or cognizance.
1560J. Daus tr. Sleidane's Comm. 103 And by the Emperours priuitie, moue a reconciliation & to treate with hym of fyue thynges. 1587Fleming Contn. Holinshed III. 1374/1 He vnderstood matters were determined in France without his priuitie. a1693Ld. Delamere Wks. (1694) 75 That which makes a Man guilty of Treason or any other Crime is his Privity or Consent to it. 1790Paley Horæ Paul. i. 2 Without any direct privity or communication with each other. 1850Merivale Rom. Emp. (1865) I. iii. 113 Antonius was suspected of privity to their designs. 1877T. D. Woolsey Pol. Science §114. I. 358 Mere privity..without active concurrence in some offences is a crime.
6. Law. Any relation between two parties recognized by law, e.g. that of blood, covenant, tenure, lease, service, etc.; mutual interest in any transaction or thing.
1523Fitzherb. Surv. 25 Bytwene the lorde and hym that dyed there was no maner of priuyte of bargayn or couynaunt. 1531Dial. on Laws Eng. ii. xlix. (1638) 154 Though the Law for the privity of blood that is between them suffer him to have a disadvantage. 1544tr. Littleton's Tenures (1574) 106 The release shalbe voide, for this that there no priuity was betwene me & the tenant for terme of yeres. 1670Blount Law Dict. s.v., If there be a Lord and Tenant, and the Tenant holds of the Lord by certain services, there is a privity between them in respect of the tenure. 1766Blackstone Comm. II. xx. 325 In both these cases there must be a privity of estate between the relessor and relessee. 1818Cruise Digest (ed. 2) V. 185 The privity must be both in blood and estate, for privity in blood only will not be sufficient [to make a fine bar an estate tail]. 1844Williams Real Prop. (1877) 407 Between him [the lessor] and the underlessee, no privity is said to exist.
7. Comb., as † privity-walk, a private walk.
1600Look About You xxviii. in Hazl. Dodsley VII. 471 My lady gentlewoman is even here in her privity-walk.
Add:[5.] b. Maritime Law. Responsibility for bringing about loss or damage, which may be treated as grounds for extending normally limited liability to the person(s) concerned.
[1734Act 7 Geo. II c. 15 §1 For ascertaining and settling how far Owners of Ships and Vessels shall be answerable for any Gold, [etc.]..which shall be made away with by the Masters or Mariners, without the Privity of the Owners thereof. ]1867Law Rep.: Admiralty & Ecclesiastical (Council of Law Reporting) I. 106 The next question is, whether there is any privity. Perhaps there is some difficulty in that word; but, without laying down any precise rule..the question is, whether there was any fault here to which it might be said the master was privy, according to the terms of the statute. 1965Mod. Law Rev. XXVIII. v. 584 Section 503 [of the Merchant Shipping Act 1894]..provides that the owner of a ship shall not be liable to damages above a certain amount where, without his actual fault or privity, certain types of loss or damage are caused. 1979Fortune 23 Apr. 22/3 In a number of cases, judges have discovered some fault or ‘privity’ on the part of the shipowner in causing the accident. Such privity—the appointment of an incompetent master, for example—may defeat limitation of liability.
[6.] b. privity of contract, the limitation of the contractual relationship to the two parties making a contract, which prevents any action at law by an interested third party such as a beneficiary.
1650T. Ireland tr. Abridgment of Coke's Reports 59 Notwithstanding the assignement, and the privity of estate removed by the act of the Lessee himselfe the privity of contract remains. 1861Hurlstone & Norman Exchequer Reports V. 706 There are many cases in which the action will lie although there is no privity of contract. 1959A. G. Guest Anson's Law of Contract (ed. 21) iii. 86 It is a general rule of English law that a contract cannot confer any rights on one who is not a party to the contract, even though the very object of the contract may have been to benefit him... He is unable to sue because there is no privity of contract between him and the promisor. 1972Mod. Law Rev. XXXV. i. 71 As an illustration of statute ignoring the malevolence of privity of contract the new Article iv bis provides a fine example. |