单词 | parol |
释义 | paroln.adj. A. n. 1. Something said or spoken; an oral statement or declaration; an utterance; a word. Now rare (chiefly Law in later use). by parol: by word of mouth, orally. ΘΚΠ the mind > language > speech > [noun] > that which is or can be spoken speechc897 saw9.. speech971 wordOE quideOE wordsOE wordOE thingOE rouna1225 mouthc1225 queatha1250 breathc1300 reasonc1300 speakingsa1325 swarec1325 saying1340 voicec1350 lorea1375 sermonc1385 carpc1400 gear1415 utterancec1454 parol1474 ditty1483 say1571 said1578 dictumc1586 palabra1600 breathing1606 bringinga1616 elocution?1637 rumblea1680 elocutive1821 vocability1841 deliverance1845 deliverment1850 deliverancy1853 verbalization1858 voicing1888 sayable1937 c1400 (c1378) W. Langland Piers Plowman (Laud 581) (1869) B. xv. 113 Ȝe aren enblaunched with bele paroles and with clothes also.] 1474 W. Caxton tr. Game & Playe of Chesse (1883) ii. i. 22 The symple parole or worde of a prynce. 1530 St. German's Secunde Dyaloge Doctour & Student xii. f. xxvii That euery man by a nude parol and by a bare auerment shulde auoyde an oblygacyon. ?1572 T. Paynell tr. Treasurie Amadis of Fraunce To Gentle Rdr., sig. ?.iij.v The dulcet and sweete parolls of his paramour. 1594 W. West Symbolæogr.: 2nd Pt. §43 If the submission were by paroll. 1625 J. Stradling Divine Poemes vi. 256 By paroll past this grant in Paradise, To our great-grandsire Adam and his Wife. 1634 Irish Act 10 Charles I Sess. 2. c. 1 Preamble Wills and testaments..made by nude parolx and words. c1693 Player's Trag. 46 On her saying that word (replied Montano) depends all my happiness. But there is some other preliminaries (interrupted the Count) to be adjusted before she passes her Parole in this case. 1714 W. Scroggs Pract. Courts-leet (ed. 3) 160 A Lease for three Years by Parol is a Forfeiture. a1734 R. North Examen (1740) ii. i. 28 He drops his own Authority, and brings Fact to confirm all, the vouching that Fact by his own pure Parole. 1783 T. Holcroft Human Happiness iii. 36 I chuse to call our old parole, Imagination, now, the soul. 1845 Act 8 & 9 Victoria §109 §18 All Contracts or Agreements, whether by Parole or in Writing, by way of gaming or wagering, shall be null and void. 1877 Presidential Counts (U.S.) 382/2 The question is whether we can overrule a direct act of Congress. If so, you can prove by parol how States vote. 1925 Act 15 Geo. V c. 20 §54 Interests in land created by parol and not put in writing. 1971 J. R. R. Tolkien Let. 8 Jan. (1995) 406 My claim rests really on my ‘nude parole’ or unsupported assertion that I remember the occasion of its invention. 2. English Law. The pleadings filed in an action, formerly presented orally. Esp. in parol demurrer n. a procedure in common law (up to 1830) whereby pleadings are deferred to a later, specified time, esp. a time when the defendant reaches the age of majority. Now historical. ΘΚΠ society > law > administration of justice > court proceedings or procedure > pleading > [noun] > (written) pleadings or statement of case pleading1531 parola1625 case stated1649 information1681 a1625 H. Finch Law (1636) 360 If the tenaunt plead a warrantie with assets against him, the parroll shall demurre. 1741 T. Robinson Common Law of Kent vi. 108 And the youngest Son..shall have his Age, or the Parol shall demur. 1772 Jacob's Law Dict. (ed. 9) Parol, or Pleadings, are the mutual altercations between the plaintiff and the defendant; which at present are set down and delivered into the proper office in writing, tho' formerly they were usually put in by their counsel ore tenus, or viva voce. 1835 T. Tomlins Law Dict. at Parol The privilege..appears to be taken away by 1 W. 4. c. 47. § 10. which enacts that the parol shall not demur where any action, suit, or other proceeding..shall be commenced by or against an infant. 1878 Johnson's New Universal Cycl. (new ed.) III. 1099/1 A ‘parol demurrer’ was a proceeding by which, under certain circumstances, the entire pleadings were stayed for a specified time. 1911 Eng. Hist. Rev. 26 245 In one case the writ is expressly spoken of as a writ of right and the parol demurs, on the ground of infancy, though the cesser was the tenant's own wrong. 1969 J. H. Koffler & A. Reppy Handbk. Common Law Pleading 429 Where an infant heir was Sued on a Speciality Debt of his deceased ancestor, he pleaded his Nonage..in Suspension of the Proceedings until he should arrive at full age, whereupon the plaintiff could proceed with his Action. This was called a ‘Parol Demurrer’. 1977 J. Burke Jowitt's Dict. Eng. Law (ed. 2) II. 1319 The pleadings in an action were, when they were given viva voce in court, frequently termed the parol. B. adj. 1. Chiefly Law. Of a statement (as a will, evidence, testimony, etc.): expressed or given orally; not written; outside an original written statement. Usually attributive (in early use as postmodifier). Now only in parol evidence, parol testimony. parol evidence rule n. English Law and U.S. Law a rule stipulating that where a contract has been reduced to writing, extrinsic evidence (whether written or oral) is inadmissible to add to, vary, or contradict its terms. ΘΚΠ the mind > language > speech > [adjective] > orally communicated conveyed?1504 parol1590 auricular1605 oral1628 viva vocea1718 1590 T. Lodge Rosalynde: Euphues Golden Legacie f. 4 Sick mens wills that are parole, and haue neither hand nor seale, are like the lawes of a Citie written in dust. 1601 P. Holland tr. Pliny Hist. World II. xix. viii. 31 Topping the heads of the highest Poppies there growing, without any answere parole, [Tarquine] dispatched them away. 1661 O. Felltham Resolves (rev. ed.) 365 He gave him a Law Parole; and inscribed it in his heart. 1663 R. Stapleton Slighted Maid iv. 58 You hear your Mother? she leaves you to me, By her Will Paroll, and that is as good To all intents of Law, as 'twere in Writing. 1736 in 15th Rep. Royal Comm. Hist. MSS (1899) App. VI. 161 The question to-day was whether we should admit parole evidence to the disqualifying a freeholder. 1776 J. Bentham Fragm. on Govt. i. §48 An expression of will is either parole or tacit..a parole expression of will is that which is conveyed by the signs called words. 1818 W. Cruise Digest Laws Eng. Real Prop. (ed. 2) IV. 304 Ld. Ch. Just. de Grey thought such parol evidence inadmissible, and nonsuited the plaintiff. 1837 R. Peters Rep. Supreme Court U.S. 11 368 A minor question may arise as to the parol testimony admitted, contrary to the usages of courts of equity, at the trial of the suit. 1874 B. V. Abbott U.S. Digest 1st Ser. II. 340/1 A mere parol retainer is sufficient to authorize an attorney to commence a suit. 1893 Harvard Law Rev. 6 325 (heading) The ‘parol evidence’ rule. 1904 Columbia Law Rev. 4 338 The so-called Parol Evidence rule in truth deals not with a rule of evidence, but with the nature of legal acts. 1962 Shakespeare Q. 13 234 He is expressing the parol evidence rule which allows no oral testimony to upset the effect of a written contract. 1996 Which? Guide to starting your own Business (new ed.) xii. 186 The law allows the shopper to prove his purchase..verbally (by ‘parole evidence’—simply stating that he or she bought the items from that retailer). 2002 C. M. Brown et al. Evidence Boundary Location (ed. 4) xii. 342 Determining when possession on the ground..has ripened into an ownership right is complex and may often depend on parol testimony. 2. Law. Of an agreement: made or entered into orally; (English Law) written, but not as an official deed or under seal. In early use as postmodifier, esp. in lease parol (see lease-parole n.). ΘΚΠ the mind > language > speech > [adjective] > orally communicated > made by speech (of a contract, etc.) parol1590 1590 in Acts Privy Council (1899) XIX. 178 A lease parol for three yeares of certaine growndes. 1600 in Court Leet Rec. Manch. (1885) II. 158 Adam Smythe houldeth a Dunghill..of James Radclyffe by lease parrall. 1717 in Quarter Sessions Rec. (N. Riding Rec. Soc.) (1890) VIII. 33 Let to Ralph Wilson by paroll-lease..for seven years. 1768 G. Jacob Every Man his own Lawyer (ed. 7) 4 Action of debt lieth on a parol contract by word only, and so doth action on the case. 1832 J. Hall Tales West 162 Believing that a bond, good or bad, was better than any parol engagement, he hastened to his friend the notary. 1885 Dict. Nat. Biogr. at Bourke, Richard Southwell He was in favour of..written contracts in supersession of the system of parole tenancies. 1927 Eng. Hist. Rev. 42 469 Parol covenants were certainly enforced in the local courts, though they required a seal in the central courts as early as Edward I's reign. 1991 Atlantic Reporter 591 1049/2 Yarnall clearly established that the elements of a parol gift of land must be established by evidence which is direct, positive, express, and unambiguous. This entry has been updated (OED Third Edition, June 2005; most recently modified version published online March 2022). < n.adj.1474 |
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