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单词 outlawry
释义

outlawryn.

Brit. /ˈaʊtlɔːri/, U.S. /ˈaʊtˌlɔri/, /ˈaʊtˌlɑri/
Forms:

α. Middle English oughtlawrye, Middle English outelaury, Middle English outelawery, Middle English outelawrie, Middle English outlaurye, Middle English outlaweri, Middle English outlawerie, Middle English owtlaury, Middle English owtlaurye, Middle English owtlawry, Middle English owtlawrye, Middle English vtlawrye, Middle English– outlawry, 1500s outlawery, 1500s outlawerye, 1500s outlawrye, 1500s–1600s outlawrie, 1600s utlawry, 1700s utlaury.

β. Middle English outlagare, Middle English vtlagare, 1500s outlagary, 1600s utlagery, 1700s utlagary.

γ. Middle English outelaries (plural), Middle English owtelary, Middle English–1600s outlary, Middle English–1600s utlarie, Middle English–1600s vtlary, 1500s–1600s vtlarie, 1500s–1700s utlary, 1600s outlarie, 1600s utlarye.

Origin: A borrowing from French, combined with English elements; modelled on a French lexical item. Etymons: outlaw n., -ry suffix, French utlagarie, Latin utlagaria, French utlarie, Latin utlaria.
Etymology: < outlaw n. + -ry suffix, after Anglo-Norman utlagarie, utlarie, etc., and post-classical Latin utlagaria (frequently from 1086 in British sources), utlaria (from c1115 in British sources), both ultimately < outlaw n. (also post-classical Latin utlaga in British sources) + Romance suffix -aria -ery suffix. The β. forms are probably independently < Anglo-Norman utlagarie, utlagary, utlagerie, etc., and post-classical Latin utlagaria; the γ. forms are probably independently < Anglo-Norman utlarie etc. and post-classical Latin utlaria.
1.
a. Law. The action of declaring a person to be outside the protection of the law; the legal process by which a person is proclaimed or made an outlaw; the condition of one subjected to this. In early use, frequently: †exile, banishment (obsolete). Now historical.For an outline of the development and use of the term outlawry up to the 13th cent., see quots. 18951, 18952, and 18953 at α. .In the 14th cent., the process of outlawry 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 judgment of the court. Outlawry for debt was frequent down to the 18th cent. 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 or her own benefit, though self-defence was still permissible.By the mid-19th cent., outlawry in civil proceedings had long been obsolete in practice, and it was formally abolished by the Civil Procedure Acts Repeal Act of 1879 ( 42 & 43 Vict., c. 59). In criminal proceedings, outlawry was finally abolished by the Administration of Justice Act 1938 ( 1 & 2 Geo. 6, c. 63).Clandestine outlawries. While outlawry was in use in civil proceedings, great injustice was often done as a 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 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 28 June, 1727, 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.
ΘΚΠ
society > authority > punishment > outlawry > [noun]
outlawingc1300
outlawa1382
outlawrya1400
utlagary1440
society > authority > punishment > outlawry > [noun] > action of declaring an outlaw
proscriptiona1387
outlawrya1400
prescription?a1450
horn1491
horning1536
proclamation1561
society > society and the community > social relations > lack of social communication or relations > exclusion from society > [noun] > rendering outcast > outcast > outlaw > condition of
outlawrya1400
α.
a1400 Bible (Wycliffite, E.V.) (N.Y. Publ. Lib.) (1850) Apoc. Prol. 638 Jon..for the word of God and the witnesse of Jhesu Crist with outlaweri shulde be born in to the ile of Pathmos.
a1425 (c1395) Bible (Wycliffite, L.V.) (Royal) Apoc. Prol. 639 He was holdun in outlawerie of Domycian, in the ile of Pathmos.
1503–4 Act 19 Hen. VII c. 35 §1 Outlaweryes..utterrly voyd anyntesed adnulled repelled and of no force.
1601 P. Holland tr. Pliny Hist. World I. 179 He was noted and thought hardly of for those outlawries of Roman citisens.
1686 Royal Proclam. 10 Mar. in London 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.
1766 W. Blackstone Comm. Laws Eng. 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.
1792 E. Burke Let. to R. Burke in Corr. (1844) III. 378 The Castle has another system, and considers the outlawry..of the great mass of the people as an unalterable maxim in the government of Ireland.
1867 E. A. Freeman Hist. Norman Conquest I. vi. 561 (note) Godwine, on his outlawry, was allowed five days to leave the country.
1895 F. Pollock & F. W. Maitland Hist. Eng. Law I. 26 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.
1895 F. Pollock & F. W. Maitland Hist. Eng. Law I. 27 Before the Conquest, outlawry involved not only forfeiture of goods to the king, but liability to be killed with impunity.
1895 F. Pollock & F. W. Maitland Hist. Eng. Law I. 459 [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 persons to stand their trial.
1899 Westm. 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?
1984 Ld. Denning Landmarks in Law 279 In reversing the outlawry of John Wilkes, Lord Mansfield went on an extreme technicality of his own—invented by himself without hearing argument upon it.
1991 Sun (Brisbane) 12 Mar. 31/6 The sentence of outlawry passed on the fugitive writer meant he could never return to England.
β. 1440 R. Repps in Paston Lett. & Papers (2004) II. 22 Be the vertue of qwych outlagare all maner of chatell to the seide John Lyston apparteynyng arn acruyd on-to the Kyng.1540 Act 32 Hen. VIII c. 49 All outlagaries promulged or had vpon or agaynst any person or persons.1642 tr. J. Perkins Profitable Bk. i. §27. 12 Attainder of Felony..by utlagery, by verdict, and by confession.γ. 1447 Rolls of Parl. V. 138/2 That the Exigend and Utlarie, and every of them, be hold for none and voyde.1530–1 Act 22 Hen. VIII c. 15 Excepted always..all vtlaries of high treasons, and of al maner of felonies.a1616 W. Shakespeare Julius Caesar (1623) iv. ii. 225 That by proscription, and billes of Outlarie, Octauius, Antony, and Lepidus, Haue put to death, an hundred Senators. View more context for this quotation1671 F. Philipps Regale Necessarium 250 They may be sued to an Utlary.
b. U.S. Law. The property or condition by which a debt or claim is legally void or ineffective (see outlaw v. 2a).
ΚΠ
1828 Wendell's Rep. (N.Y.) I. 339 In that case, in consequence of the outlawry of the three joint debtors, the plaintiff was enabled to proceed against one as if he were a several debtor.
1890 Cent. Dict. at Outlawry The condition of a debt or other cause of action when by reason of a lapse of time it can no longer sustain an action.
1896 Northeastern Reporter 43 409 We may suppose the case of a creditor where the six-year statute began to run against his claim in the lifetime of the debtor, and the debt was within ten days of outlawry at the time of the debtor's death.
1937 N.Y. Suppl. 291 759 The defense of outlawry of the main portion of the claim must..be overruled.
1981 South Western Reporter 2nd Ser. 615 640 Rule 55.08 requires that to interpose the defense of outlawry the particular statute must be alleged with specificity.
c. In extended use.
ΚΠ
1833 L. Ritchie Wanderings by Loire 161 Faces on which a long course of violence and crime had stamped the outlawry of nature.
1855 H. H. Milman Hist. Lat. Christianity IV. ix. viii. 194 This Papal Manifesto broadly asserted the civil as well as religious outlawry of all heretics.
1924 F. Kellor & A. Hatvany (title) Security against war... Vol. II. Arbitration. Disarmament. Outlawry.
1946 Rep. 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.
1992 N.Y. Times Bk. Rev. 26 Apr. 1/1 Never an especially good fellow, he is now..convinced that he's condemned to outlawry in the custody of his mother.
2. Outlaws collectively. Obsolete. rare.
ΘΚΠ
society > authority > punishment > outlawry > [noun] > outlaw > collective group or clan of
outlawry1557
broken-clan1831
1557 T. North tr. A. de Guevara Diall Princes 74 The exiles and outlawries were called againe.
1894 S. R. Crockett Raiders 98 The hill outlawry could a' catch us or ever we wan twa mile.
3. Actions or behaviour typical of outlaws; lawlessness.
ΘΚΠ
society > law > rule of law > lawlessness > [noun]
tyrantry1340
tyranny1475
licentiousness1553
lawlessness1591
exorbitance1611
exorbitancy1619
anarchism1642
outlawry1836
outlawry1869
jungle law1894
law of the jungle1894
1836 J. H. Ingraham Lafitte I. ii. i. 54 The name of Barrataria was associated..with crimes and deeds of outlawry, unparalleled in the history of banned and out-cast men.
1896 Argosy Jan. 338/2 Many times the band urged him to join them in their villainous outlawry.
1961 J. Carew Last Barbarian 23 He won his freedom through violence and outlawry.
1997 Latin Mass Fall 16/3 Such meditation is sheer outlawry standing in the way..of the liturgical calisthenics devised by the Central Coach.
4. Disregard or defiance of the law.
ΘΚΠ
society > law > rule of law > lawlessness > [noun]
tyrantry1340
tyranny1475
licentiousness1553
lawlessness1591
exorbitance1611
exorbitancy1619
anarchism1642
outlawry1836
outlawry1869
jungle law1894
law of the jungle1894
1869 J. Ruskin Queen 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.
1873 T. W. Higginson Oldport Days x. 249 Civilization is tiresome and enfeebling, unless we occasionally give it the relish of a little outlawry.
1979 in D. Waddington Contemp. Issues in Public Disorder (1992) (BNC) 127 Most contemporary football hooliganism corresponds to the outlawry of time-out forms manifested in fights between opposing fans and creating mayhem during trips abroad.
1990 S. King Stand (new ed.) xlvii. 557 Society is the keystone of the arch we call civilization, and it is the only real antidote to outlawry.
This entry has been updated (OED Third Edition, December 2004; most recently modified version published online March 2022).
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