| 释义 |
outlawry|ˈaʊtlɔːrɪ|
Forms: α. [4 utlagarie], (6 utlagery, 7–8 -arie), 5–6 outlagarie, -are, -ary. β. 4–7 utlarie, -ary(e, outlarie, 5 owte-, 7 outlary. γ. 4–7 outlaw(e)rie, 4– outlawry, (5 oute-, owt-, -laury(e, 5–6 outlawery(e, 6 -lawrye, 8 -laury).
[Anglicised repr. of AFr. utlagerie, utlarie, med. (Anglo-)L. utlagaria, utlaria (Laws of Wm. I, ii. c. 3), f. OE. útlaga (also Anglo-L.), útlah + Romanic suffix -aria, F. -erie. Early legal use had forms identical with AFr.; but forms with outlaw-, conformed to the contemporary Eng. word also occur from 14th c.]
1. a. The action of putting a person out of the protection of the law, or the legal process by which a person is or was proclaimed or made an outlaw; the condition of one so outlawed. † In early use, often = exile, banishment.
‘Outlawry, at first a declaration of war by the commonwealth against an offending member, [gradually] became a regular means of compelling submission to the authority of the courts, as in form it continued to be down to modern times’. ‘Before the Conquest, outlawry involved not only forfeiture of goods to the king, but liability to be killed with impunity’. In the 13th c. ‘outlawry loses some of its gravity; instead of being a substantive punishment, it becomes mere ‘criminal process’, a means of compelling accused persons to stand their trial’. (Pollock & Maitland, Hist. Eng. Law I. 27, 459.) In the 14th c. the process was extended from cases of felony to misdemeanours and civil actions, so as to be a punishment for contempt of court in not appearing to answer an indictment or defend a personal action, or for disobedience to a judgement of the court. Outlawry for debt was frequent down to the 18th c. Along with this extension of the process, its conditions and consequence underwent continuous mitigation; in later times, in civil actions, it was reduced to the fact that the outlawed person was incapacitated from prosecuting an action for his own benefit, though he might still defend himself.
Clandestine Outlawries. In civil proceedings, outlawry has long been obsolete, and was formally abolished by the Civil Procedure Acts Repeal Act of 1879 (42 & 43 Vict. c. 59). While it was in use, great injustice was often done in consequence of the insufficiency of the machinery for giving public notice of the fact that a defendant in a personal action had, as a result of civil process, been made an outlaw. In 1588-9, Act 31 Eliz. c. 3 was passed ‘for the auoyding of secret Outlawries in Actions Personall against the Queenes Subiects’. This being subsequently considered insufficient, amending measures were introduced; and one such bill has had the singular fortune to become the formal instrument of asserting the right of Parliament to proceed to business without reference to the immediate cause of summons, by being introduced and read a first time as the first business of every session, before the reading of the King's or Queen's Speech. This precaution goes back to early times, being referred to as an established practice in 1603. Formerly some one bill was used for the purpose on each occasion; but since 1 Dec. 1743, the means uniformly employed has been a Bill ‘for the more effectual preventing Clandestine Outlawries in personal actions’; and this is still annually introduced, although the outlawries against which it is directed have long disappeared.
α [a1250Laws of Will. I, ii. c. 3 (Schmid) De omnibus utlariae rebus [v.r. utlagariae]... Et si Anglicus appellet Francigenam de utlagaria. 1292Britton i. xiii. §3 Femme neqedent ne peut estre utlagé proprement..mes weyvé, qe vaut utlagerie. 1312Rolls of Parlt. I. 284 Les Utlagaries & les Presentementz de ces faitz. ]1440Paston Lett. I. 41 Be the vertue of qwch outlagare, all maner of chattell to the seide John Lyston apperteynyng, arn acruwyd on to the Kyng. 1540Act 32 Hen. VIII, c. 49 All outlagaries promulged or had vpon or agaynst any person or persons. 1642tr. Perkins' Prof. Bk. i. §27. 12 Attainder of Felony..by utlagery, by verdict and by confession.
β [a1250Utlariae [see α]. 1334Rolls of Parlt. II. 74/2 L'avant dit Outlarie fait en la Counte de Kermerdin. ]1432–50tr. Higden (Rolls) VII. 235 The owtelary of Robert arche⁓bischop of Cawnterbery. 1447Rolls of Parlt. V. 138/2 That the Exigend and Utlarie, and every of them, be hold for none and voyde. 1530–1Act 22 Hen. VIII, c. 15 Excepted always..all vtlaries of high treasons, and of al maner of felonies. 1601Shakes. Jul. C. iv. iii. 173 That by proscription, and billes of Outlarie, Octauius, Antony, and Lepidus, Haue put to death, an hundred Senators. 1658Cleveland Rustick Rampant Wks. (1687) 451 Every Outlary, or Outlaries, if any against them..are or shall be published. 1671F. Phillips Reg. Necess. 250 They may be sued to an Utlary.
γ1382Wyclif Rev. Prol., He was holdun in outlawerie of Domycian, in the ile of Patmos. 1439Rolls of Parlt. V. 17/2 All Outlaweries uppon hym pronownced. 1503–4Act 19 Hen. VII, c. 35 §1 Outlaweryes..utterrly voyd anyntesed adnulled repelled and of no force. 1601Holland Pliny I. 179 He was noted and thought hardly of for those outlawries of Roman citisens. 1686Royal Proclam. 10 Mar. in Lond. Gaz. No. 2120/4 And that this Our Pardon be not allowed to Discharge any Outlawry after Judgment, till Satisfaction or Agreement be made to or with the Party at whose Suit the Utlary was obtained. 1766Blackstone Comm. II. xxxii. 499 Outlaws also, though it be but for debt, are incapable of making a will, so long as the outlawry subsists, for their goods and chattels are forfeited during that time. 1792Burke Let. to R. Burke Corr. 1844 III. 378 The Castle has another system, and considers the out⁓lawry..of the great mass of the people as an unalterable maxim in the government of Ireland. 1867Freeman Norm. Conq. I. vi. 561 note, Godwine, on his outlawry, was allowed five days to leave the country. 1883Wharton's Law Lex. (ed. 7) s.v. Outlawry. In criminal proceedings it is but little used, but is formally kept alive by 33 & 34 Vict. c. 23. which act..expressly provides that nothing therein shall affect the law of forfeiture consequent on outlawry. 1899Westm. Gaz. 9 Feb. 2/3 What is a clandestine outlawry, and why should the Leader of the House of Commons have introduced a Bill for its ‘more effectual preventing’ as the very first Ministerial measure of the Session? Is there..a single member of the House of Commons..who knows..any details concerning the provisions of the Outlawries Bill?
fig.1833L. Ritchie Wand. by Loire 161 Faces on which a long course of violence and crime had stamped the outlawry of nature. 1835I. Taylor Spir. Despot. iii. 68 On the same ground of outlawry from common sense and scriptural authority. 1855Milman Lat. Chr. ix. viii. (1864) V. 408 This papal manifesto broadly asserted the civil as well as religious outlawry of all heretics. 1924Kellor & Hatvany (title) Security against war... Vol. II. Arbitration. Disarmament. Outlawry. 1946Rep. Internat. Control Atomic Energy (U.S. Dept. of State) i. 4 We..studied..the factors..involved in an international inspection system supposed to determine whether the activities of individual nations constituted evasions or violations of international outlawry of atomic weapons. 1964New Statesman 1 May 682/2 When Baldwin writes about homosexuals he writes with a Negro's sense of another ‘outlawry’.
b. Of a debt or claim: The fact of being out-lawed or statute-barred: see outlaw v. 2. U.S.
1890in Century Dict.
2. Disregard or defiance of the law.
1869Ruskin Q. of Air §141 [They] follow, in so far as they are good, one constant law..and in so far as they are evil, are evil by outlawry. 1873T. W. Higginson Oldport Days x. 249 Civilization is tiresome and enfeebling, unless we occasionally give it the relish of a little outlawry.
†3. Outlaws collectively. Obs.
1557North Gueuara's Diall Pr. 74 The exiles and out⁓lawries were called againe. 1894Crockett Raiders 98 The hill outlawry could a' catch us or ever we wan twa mile. |