| 释义 |
champerty|ˈtʃæmpətɪ|
Forms: 4–5 champartie, -tye, 5 chaumpartye, champertye, 5–7 champertie, 6–8 champarty, (7– petrie), 7– champerty.
[Properly champarty: a deriv. of champart, the ending perh. due to some of the Latin forms, or to association with part, party.]
†1. Division of lordship or power, partnership in power. Obs.
c1386Chaucer Knt.'s T. 1091 Thus may ye seen þat wysdom ne richesse, Beautee ne sleighte, strengthe, hardynesse, Ne may with Venus holde champartie [1 later MS. maken champartie], ffor as hir list the world than may she gye.
⁋ Lydgate appears to have known the word only from Chaucer's phrase above, which he misunderstood, and took to mean ‘to hold rivalry or contest, to hold the field against, to maintain the struggle, resist’. Some of the 16th c. archaists followed Lydgate in his error.
c1430Lydg. Min. Poems (1840) 131 Folk whiche..Dare to theyr wyfes be nat contrarye..Nor withe hem holde ne champartye. ― Chron. Troy ii. xvi, They stande full assured Agayne vs all to holde chaumpartye. ― Bochas i. iii, Against the heauen to holden champartie.Ibid. i. xviii. 1532W. Walter Guistard & Sism. (1597) B ij, Yet mought my frailté gainst such occasions Make no champarty, nor no great defence.
2. Law. The illegal proceeding, whereby a party not naturally concerned in a suit engages to help the plaintiff or defendant to prosecute it, on condition that, if it be brought to a successful issue, he is to receive a share of the property in dispute.
a1329Sc. Act 1 Robert I, xxii. §2 Nec terram seu aliquam rem aliam capiat, ad Champarte, ad defendendum, differendum, seu prolongandum jus alterius extra formam juris. 1467Ord. Worcester lix. in Eng. Guilds (1870) 400 The attorners..to execute ther office..wtout mayntenaunce, or champertye. 1495Act. 11 Hen. VII, c. 25 Preamb., Unlaufull reteynders, mayntenaunce, embrasyng, champertie and corrupcion. 1594West Symbol. ii. §216 Maintenance and champarty in sutes. 1602W. Fulbecke 2nd Pt. Parall. 48 There is no diversitie where a man selleth land depending a writ petitorie of the same land, or doe giue it depending the writ: for in both cases there is Champertie. 1755Carte Hist. Eng. IV. 86 note, Sir E. Coke who being in danger of a prosecution..for champarty and maintenance being a judge. 1881Standard 1 Aug. 5/2 Champerty is a bargain either with the Plaintiff or Defendant to contribute towards the cost of litigation, the price being a share in the spoil. 1882Spect. 8 Apr. 459.
b. An act or case of champerty.
1450Paston Lett. 107 I. 145 To enquere..all..mayntenaunces, champerties, embraceries..by hem..doen. 1750Carte Hist. Eng. II. 452 [To] hear, and determine of all felonies, conspiracies, champerties, breaches of peace.
c. fig. A combination for an evil purpose.
1612–5Bp. Hall Contempl. N.T. iii. v, A combination and hellish champertie in these powers of darknesse. 1645Milton Reply Answ. Divorce Wks. (1847) 221 These made the cham-party, he contributed the law, and both joined in the divinity. 1671H. Stubbe Reply 21 If that the Historian had not been of the champerty, this Passage had been more plausible. |