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单词 defendant
释义

defendantn.adj.

Brit. /dᵻˈfɛnd(ə)nt/, U.S. /dəˈfɛnd(ə)nt/, /diˈfɛnd(ə)nt/
Forms: Middle English defendandz (plural), Middle English defendawnt, Middle English defendawnte, Middle English deffandaunte, Middle English–1500s defendaunte, Middle English–1500s deffendaunt, Middle English–1500s deffendaunte, Middle English–1600s defendaunt, Middle English– defendant, 1500s–1600s defendante, 1500s–1600s deffendant; also Scottish pre-1700 defendand.
Origin: A borrowing from French. Etymon: French defendant.
Etymology: < Anglo-Norman defendaunt, Anglo-Norman and Middle French defendant, deffendant (French défendant ) (adjective) that acts in self-defence (early 13th cent. or earlier in Old French, apparently earliest in sur sei defendant ; end of the 13th cent. or earlier in en soy defendant ), that is a defendant in a lawsuit (14th cent. or earlier, frequently in partie defendant ), (noun) person who defends himself or herself in a trial (late 13th cent. or earlier), person who defends a place, person, or thing against physical attack (late 13th cent. or earlier), person challenged to a duel or joust (first half of the 15th cent.), uses as adjective and noun of the present participle of defendre defend v. Compare defendent n., defendent adj., and (with use as noun) defender n.With the form defendand compare -and suffix1.
A. n.
1. Law. A person or organization against whom a legal action, claim, or charge is brought; a party that is prosecuted or sued in a court or tribunal. Opposed to plaintiff or claimant. Now the usual sense.
ΘΚΠ
society > law > administration of justice > court proceedings or procedure > action of courts in claims or grievances > party in litigation > [noun] > defendant
defendanta1325
defender1430
defendentc1475
respondent1561
libellate1565
petitionee1764
complainee1779
libellee1856
a1325 Statutes of Realm (2011) vi. 25 Ipurueid is ant igranted,..þat defendauns mowen maken atornes in alle plaites þer apel nis noȝt.
a1400 in J. T. Smith & L. T. Smith Eng. Gilds (1870) 361 And þat commune law hym be y-entred, þe axere and þe defendaunt.
c1436 Domesday Ipswich (BL Add. 25011) in T. Twiss Black Bk. Admiralty (1873) II. 55 (MED) In that plee of wast ben alowed iij essoynes as weel for the defendaunt as for the pleyntyff.
a1475 in A. Clark Eng. Reg. Godstow Nunnery (1905) i. 136 (MED) Þei sholde here Stephin, vicari of Framton, plaine, & þe abbas, defendaunt, vppon tithis & oþer thinges þat þe seide abbas & oþer wrongin him.
1535–6 Act 27 Henry VIII c. 14 §5 in Statutes of Realm (1963) III. 547 None essyne..or other dilatory plee for the defendaunt shalbe admitted.
1583 Sir T. Smith's De Republica Anglorum ii. viii. 50 In all iudgements necessarily being two parties, the first we call the impleader... The other we call the defendant.
a1625 H. Finch Law (1627) iv. xxxiii. 387 The Defendant confessing an enditement of felonie may accuse others.
1670 T. Blount Νομο-λεξικον: Law-dict. at Disclaimer If a Defendant by his Answer Disclaim the having any interest in the thing in question, this is also called a Disclaimer.
1717 W. Nelson Law Evid. viii. 142 The first Part of the Defendant's Defence in this Case must be to prove a Felony committed.
a1754 J. Strange Rep. Cases (1755) 1 384 The defendants in error were afraid to take any costs.
1808 W. Selwyn Abridgem. Law Nisi Prius II. xxi. 742 It was verbally agreed between plaintiff, defendant, and J. S., that the defendant..should pay the amount.
1859 C. Dickens Tale of Two Cities ii. xii. 93 The counsel for the defendant threw up his brief.
1916 Law Rep.: King's Bench Div. 1 148 The defendants..used a steam lorry weighing five tons for the purpose of delivering beer.
1971 Life 12 Mar. 64/3 Your honor, the defendant at this time wishes to withdraw his plea of not guilty.
2011 R. Booth et al. Money Laundering Law & Regulation iii. 59 The defendant had been convicted in the Crown Court of selling intoxicating liquor.
2. A person challenged to a duel, joust, or trial by combat. Opposed to appellant n. 1b. Cf. defender n. 1b. Now historical and rare.
ΘΚΠ
society > armed hostility > warrior > [noun] > champion or fighter in single combat
campionc1320
defendantc1450
combatant1489
appellant1520
defender?c1525
principal1590
duellist1593
champion1597
combater1598
dueller1614
battailant1620
pistol man1784
monomachist1828
c1450 (c1430) Brut (Galba) (1908) 437 (MED) In this same yere was a bataill doon in Smythffeld..betwene two men..John Vpton, notarye, that was the appellaunte, and..John of Downe, Jentillman, the deffandaunte.
a1486 in Archaeologia (1900) 57 44 (MED) The day that the Pelaunt and the defendaunt shall fighte what they shal have with hem in to the felde.
1520 Chron. Eng. vii. f. 143/2 Gloucestre..was the appellaunt and Arthur was the defendaunt.
1569 R. Grafton Chron. II. 346 A battaile..betwene one called Garcon Appellaunt, and Sir John Anslye Knight Defendaunt.
a1616 W. Shakespeare Henry VI, Pt. 2 (1623) ii. iii. 49 Ready are the Appellant and Defendant . View more context for this quotation
a1641 T. Heywood & W. Rowley Fortune by Land & Sea (1655) ii. i. sig. C Neither challenger nor defendant are yet in field.
1694 Adventures Helvetian Hero 203 Appellant and Defendant met to decide it by a Duel.
1757 T. Smollett Compl. Hist. Eng. II. iv. i. 198 The appellant and defendant had honourably appeared in the lists, ready and even forward to engage in single combat.
1828 W. Scott Fair Maid of Perth xi, in Chron. Canongate 2nd Ser. II. 305 The Knight of Kinfauns, the challenger, and..the young Earl of Crawford, as representing the defendant.
1890 G. Neilson Trial by Combat iil. 161 When the battle was adjudged the glove was lifted by the defendant.
1919 R. C. Clephan Tournament viii. 166 The loss of blood was so great that the defendant could hardly keep his feet.
1977 R. H. Bloch Medieval French Lit. & Law i. 51 The wager of battle is accepted by Lancelot, who, as defendant, defeats Mador.
3.
a. A person who defends a place, person, or thing against physical attack; a defender, esp. one who fights in defence of a fortress, city, etc. Also figurative. Now rare.
ΘΚΠ
society > armed hostility > warrior > defender > [noun]
werea1325
defenderc1325
forfightera1382
defensorc1390
fendera1400
man of fencec1425
defendantc1475
rampire?1549
rampart1567
defensive1634
hyperaspist1638
c1475 Mankind (1969) l. 24 I prey Gode at yowr most nede þat mercy be yowr defendawnte.
a1500 Disciplina Clericalis in Western Reserve Univ. Bull. (1919) 22 25 To whom the defendaunt [L. defendenti] tooke awey his capp and cast it to the grounde, and appered than Roughered.
c1515 Ld. Berners tr. Bk. Duke Huon of Burdeux (1882–7) cxiii. 398 The citye was so sore assayld on all partyes that the defendauntys wyste not where to make resystence.
1548 Hall's Vnion: Henry V f. liii Neither the assailauntes nor defendantes loke for any refuge.
1579 G. Fenton tr. F. Guicciardini Hist. Guicciardin iii. 171 The defendants expressed the like vallour in an other assault.
1614 W. Raleigh Hist. World i. v. iii. §15. 517 To beat the defendants from the wall.
1680 P. Rycaut Reign Sultan Ibrahim 54 in Hist. Turkish Empire The Defendants of the Fortress summoned a Council of War.
1731 J. Gray Treat. Gunnery Pref. 21 The defendants..of the city..were sorely gauled with all sorts of missive weapons.
a1787 R. Lowth Serm. & Remains (1834) 289 Had a potent enemy invaded Sodom..nothing could have inspired the defendants with truer courage, than virtue and the fear of God.
1832 W. D. Williamson Hist. State Maine II. ii. 44 The brave defendants..retired on board one of the vessels.
1992 N. Morgan in T. Kren Margaret of York, Simon Marmion, & Visions of Tondal 66 The defendants of the castle are Christ, its constable, Charity, and the Virtues.
b. A person who speaks or writes in defence, support, or justification of something. rare between 17th and late 19th centuries.
ΘΚΠ
society > morality > duty or obligation > moral or legal constraint > immunity or exemption from liability > justification > [noun] > vindication > vindication by argument > one who
defender?c1400
defendant1647
1647 J. Ellis Vindiciæ Catholicæ 51 The next Defendant of this opinion is M. Hudson.
1665 R. Hooke Micrographia 100 Nor will it be enough for a Defendant of that Hypothesis to say, that perhaps it is because the refractions have made the Rays more weak.
1826 J. M. Good Bk. Nature III. vi. 184 The..ablest defendants of their hypothesis.
1983 C. Cremers in F. Heny & B. Richards Ling. Categories I. 172 The defendants of the ‘underlying VP hypothesis’..appear to generalize.
2011 Progr. Devel. Stud. July 252/1 Andreasson is a sturdy defendant of post-development theory.
B. adj.
1. In postmodifying phrase, with complement. Of a person: defending (oneself or another) against physical attack; acting in defence of. Chiefly with reflexive personal pronoun in himself defendant, etc.: in self-defence. Obsolete.
ΘΚΠ
the world > action or operation > safety > protection or defence > [adjective] > affording protection or defence
defendantc1330
defensivea1400
defensory1552
fensive1582
protectingc1595
defensative1596
secureful1598
fenceful1616
friendly1628
protective1653
protectory1654
screening?a1656
protectant1670
warding1697
safeguard1822
shielding1851
cushioning1887
tutorial1898
c1330 (?c1300) Bevis of Hampton (Auch.) 660 Men ne slouȝ he nouȝt,..Boute hit were him self defendaunt!
c1330 (?c1300) Guy of Warwick (Auch.) l. 6890 Ȝif ich þi sone owhar a-slouȝ, It was me defendant anouȝ.
c1410 (c1390) G. Chaucer Parson's Tale (Harl. 7334) (1885) §572 Anoþer homicidy is doon for necessite, as whan a man sleþ anoþer him defendaunt [c1405 Ellesmere in his defendaunt].
c1475 (?c1300) Guy of Warwick (Caius) l. 8142 (MED) I will prove that youre son dere Thorough his owen pursuet was dede, My sonne defendaunte of that quede.
a1525 (?1421) Coventry Leet Bk. (1907) I. 28 (MED) If he smyte with a swerd or a knyfe drawyn he shall pay half a marke at euery trespas to the Baylyffes, but if hit be hym-self defendant.
1563 in T. Becon Reliques of Rome (rev. ed.) f. 247 It be hemself defendaunt, so yt they may not els saue hemself.
2. Law. Of a person, organization, etc.: that faces or defends against a legal claim, charge, or accusation; that is a defendant in a lawsuit (see sense A. 1). In early use also as postmodifier, esp. in party defendant.
ΘΚΠ
society > morality > duty or obligation > moral or legal constraint > immunity or exemption from liability > justification > [adjective] > vindicated > vindicatory > by argument
defendantc1400
defending?1534
defensative1587
defensive1604
c1400 Brut (Rawl. B. 171) 248 (MED) Þo was commandede to alle þe shirreffes of Engeland to warne þe partiez defendandz.
c1436 Domesday Ipswich (BL Add. 25011) in T. Twiss Black Bk. Admiralty (1873) II. 127 (MED) Ȝif the merchaunt pleyntiff wylle prevyn after the lawe merchaunt, the tayle to be maad be his adversarie defendaunt..be yt receyved by two men at leste.
a1556 R. Chancellor in R. Hakluyt Princ. Navigations (1598) I. 240 Then commeth an officer and arresteth the party defendant.
1645 A. Skeldie Pract. Persecutors 24 The weaker that the defendant party be, and the stronger that the assailing partie be.
1683 J. Keble Assistance to Justices of Peace 16 The Party Defendant entred with force into the Lands.
1710 S. Jenks Short Rev. Jansenius 3 Had the Propositions been acquitted at their Tryal, the Party defendant had certainly made Bonfires for the Victory of their beloved Book.
1782 B. N. Turner Candid Suggestions ii. 24 In the second instance, defendant man was severely censured for want of feeling.
1833 W. Jay Life J. Jay I. viii. 296 It would be difficult to make the United States a defendant party.
1896 Daily News 24 Nov. 5/7 Detailing my instructions to the defendant surgeon.
1936 Food & Drug Admin. U.S. Dept. Agric. (rev. ed.) 9 Each violative shipment appears in the pleadings as one or more counts against the defendant shipper.
1965 J. H. W. Verzijl Jurispr. World Court I. 317 More than once a defendant party has attempted to evade the jurisdiction of the Court.
2015 Mass. Lawyers Weekly (Nexis) 30 Apr. In depositions, defendant employees agreed that it was company protocol to replace any modified company parts.
3. That provides protection or defence against attack, injury, or some other harm; protective. Obsolete.
ΘΚΠ
society > armed hostility > defence > [adjective] > affording defence
defensiblea1382
defensivea1400
defensory1552
fenciblea1572
fensive1582
defencing1583
defensative1596
defendant1597
repugnatory1737
1597 W. Shakespeare Richard II i. iii. 6 (stage direct.) Enter the Duke of Norfolke in armes defendant . View more context for this quotation
a1616 W. Shakespeare Henry V (1623) ii. iv. 8 With men of courage, and with meanes defendant . View more context for this quotation
1648 Earl of Westmorland Otia Sacra 136 Here one may (if marking well) Observe..the Thrush Plead safety through Defendant Bush.
1662 Duchess of Newcastle Matrimonial Trouble i. iv. xxxvi, in Playes Written 449 O You defendant Gods assist my Husband.
4. That defends against physical or military attack; defending. Obsolete. rare.
ΚΠ
1683 J. Dryden Epil. in Prol. to the King & Queen sig. B2 'Tis just like Puss defendant in a Gutter.
1909 C. Johnson Picturesque Hudson viii. 113 The defendant forces were so distributed that they could be captured in detail.
1917 Anaconda (Montana) Standard 7 Nov. 7/4 The overseas men got through their objectives with comparatively light opposition from the defendant infantry.

Phrases

in one's defendant: in one's own defence; in self-defence. Obsolete. [Probably after Middle French en son defendant (although this is apparently first attested later: 1426 or earlier).]
ΚΠ
c1405 (c1390) G. Chaucer Parson's Tale (Ellesmere) (1877) §572 Whan o man sleeth another in his defendaunt.
a1470 T. Malory Morte Darthur (Winch. Coll. 13) (1990) I. 71 Hit was I..that slew this knyght in my defendaunte.
This entry has been updated (OED Third Edition, December 2016; most recently modified version published online March 2022).
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n.adj.a1325
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