| 释义 |
† ˈoutfangˌthief O. E. Law. Obs.
In 2 utfangene þeof, utfangentheif; 3 utefang-, utfangen-, 3, 4 outfangen(e)-, -fange-, -thef.
[Answers to an OE. type útfangenne þéof (accusative case) ‘out-caught thief’; but the expression appears to have come into use later, to match infangenne þéof, infangthief, q.v.]
A franchise of a lord of a private jurisdiction, more extensive than that of infangthief; originally, the lord's right to pursue a thief (at least when the latter was ‘his own man’) outside his own jurisdiction, bring him back to his own court for trial, and keep his forfeited chattels on conviction. But the right was variously defined or circumscribed in the 13th c., when its meaning seems to have already become conjectural.
The term infangenne þéof occurs in several OE. Charters, but of útfangenne þéof no trace has been found except in an alleged charter of Egbert dated 828 (Birch Cartul. Sax. No. 395), which has the Latin phrase ‘cum furis comprehensione intus et foris’ the apparent equivalent of an OE. ‘mid infangenum þéofe and útfangenum’. But this is extant only in the Liber Roffensis (1120–50), and may be spurious, or the phrase may be a 12th c. interpolation. The term is wanting from an Eng.-Fr. Glossary of Law Terms compiled 1122–1150 (Wright Reliq. Antiq. I. 33) which contains ‘Infangenethef—larum pris ens nostre tere’. On the other hand, utfangene þeof occurs in the forged Charter of Edgar to Glastonbury (Birch, No 1277), which was in existence before William of Malmesbury made the third version of his Gesta Regum 1130–40 (in which the charter is given); and it may thus go back to 1100, or even earlier.
The etymological sense ‘out-caught-thief’, i.e. ‘thief apprehended outside’ (the jurisdiction), is that assigned to it in the Ripon record of 1228, in which the grant of ‘infangethef et outfangethef’ was explained as giving the grantee the right to try ‘his own thief’ ubicumque captum, whether within or without his territorial jurisdiction. But Bracton and Fleta explain it as the right to try thieves coming from without, and apprehended within the lord's jurisdiction; they both expressly deny that it meant a thief taken outside, or that such a thief might be brought back into the jurisdiction to be tried. Fleta however adds that, after his own thief had been condemned by the outside tribunal, the lord might bring him into his jurisdiction and hang him on his own gallows; and the right to do this appears to be all that Britton knows as ‘the franchise of outfangenthef’.
a1135Forged Charter of Edgar to Glastonbury (dated 971), & habeant socam & sacam...infangeneþeof & utfangene þeof, & flemene ferðe, hamsocne, fridebrice..forstealle, toll & team, ita libere & quiete sicut ego habeo in regno meo. 1189–95in Regist. de Wetherhal (1897) 31 Concedimus insuper eidem Abbaithiæ.. soch et sach et tol et theam et infangentheif et utfangentheif. 1228Mem. Ripon (Surtees) I. 52 Suum latronem ubicumque captus fuerit, infangethef et outfangethef. Ibid. 57 Et suum latronem ubicumque captum ad judicandum in curia sua..et infangthef et utefangthef, furcam, prisonam, blodewite [etc.]. c1250Bracton iii. xxxv. 154 b, Vtfangenthef vero dicitur latro extraneus, veniens aliunde de terra aliena, et qui captus fuit in terra ipsius qui tales habet libertates. 1290–1300Fleta i. xlvii. 62. 1292 Britton ii. iii. §13 Qe il eynt la fraunchise de outfangenthef, ceo est a dire, qe eux eynt les juises de lour gentz et de lour tenauntz, ou q'il soint pris hors de lour feez, jugez a pendre, qe il les pusent apres jugement rendu prendre et remener en lour fraunchise et fere les pendre illucs sur lour fourches demeyne. c1300Rolls of Parlt. I. 462/2 Ovec retorn de Bref infangenethef, outfangenethef, e quite de tonnue, passage, murage, pontage, pavage. 1535Act 27 Hen. VIII, c. 26 §23 Lordshippes Marchers..shall have within the precincte of their said Lordeshippes..Wayff Straiff Infanthef Outfanthef Treasoure Troves. c1575Balfour's Practicks (1754) 37 Thair is sum Baronis quha hes privilege and libertie of infang and outfang thift. 1579Rastell Expos. Words 213 Outfangthiefe, that is, that theues or felones of your lande, or fee, out of your land or fee taken with felonie or stealinge, shalbee brought backe to your Court, and there iudged. 1597Skene De Verb. Sign. s.v. Infangthefe, Out-fangthiefe is ane forain thiefe, quha cumis fra an vther mans lande or jurisdiction, and is taken and apprehended within the lands perteinand to him quha is infeft with the like liberty. 1814Scott Wav. x. 1839Kemble Cod. Dipl. I. Introd. 45. 1895 Pollock & Maitland Eng. Law I. 564 note, [In the 13th c.] there was much doubt as to what was meant by hengwite and as to the exact limits of the right of utfangenethef. In cases of quo waranto the king's advocates are fond of puzzling their adversaries by asking them to explain what they mean by these old words. |