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单词 under the pain of rebellion
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under the pain of rebellion
3. Law (Scots Law in later use). Refusal or failure to obey a legal summons or command. Also: the fact of being regarded as a rebel or outlaw on account of (esp. repeated) failure to obey such an instruction after specific warning of the consequences of this. Cf. rebel n.1 3. Frequently in under the pain of rebellion and variants. Now historical.commission of rebellion, proclamation of rebellion: see the first element.
ΘΚΠ
society > law > rule of law > lawlessness > specific offences > [noun] > disobedience to or contempt of court
contumacyc1425
rebellion1446
praemunire1553
contempt1652
1446 in J. Raine Hist. & Antiq. N. Durham (1852) App. 22 Þat ony of our legis..supple..þe saide patrik..Wndyr all þe hiest paynes off Rebellioun.
1473 in T. Thomson Acts Lords Auditors (1839) 30/1 Vnder the pain of rebellioun & putting of thaim to the kingis horne.
1550 in J. H. Burton Reg. Privy Council Scotl. (1877) 1st Ser. I. 102 Under the pane of rebellioun.
1563 in J. H. Burton Reg. Privy Council Scotl. (1877) 1st Ser. I. 253 To summond the witnes quhilkis wer summond of befoir..under pane of rebellioun, and putting of thame to the horne.
1607 J. Cowell Interpreter sig. Q4v/2 Commission of rebellion..is otherwise called a writte of rebellion..and it hath vse, when a man after proclamation..to present himselfe to the court by a certaine day, appeareth not.
1697 G. Dallas Syst. Stiles 289 All Goods, Gear,..that shall happen to fall..to him in any time coming during his Rebellion.
1720 T. Wood Inst. Laws Eng. (1722) iv. i. 463 If a Non est Inventus is Return'd, then an Attachment with Proclamation of Rebellion Goes against Him; and if He stands further out in Contempt, then a Commission of Rebellion may be issued.
a1768 J. Erskine Inst. Law Scotl. (1773) I. ii. v. §61 All moveables belonging to the rebel [at] the time of his rebellion..fall under his single escheat, whether the rebellion proceeds on denunciation, or on conviction in a criminal trial.
1838 W. Bell Dict. Law Scotl. 819 Disobedience to the Royal command is termed civil rebellion; and denunciation on letters of horning was formerly followed with the penal consequences of actual rebellion.
1853 Dict. Sci., Lit. & Art 1033/1 Rebellion, civil, In Scottish Law, by a peculiar fiction, a debtor who disobeys a charge on letters of horning to pay or perform in terms of his obligation is accounted a rebel.
1878 W. M. Torrens Mem. Viscount Melbourne II. vii. 202 The exhumation of an obsolete process of the Court of Exchequer, termed a writ of rebellion,..caused a new excitement throughout the southern provinces of Ireland.
1926 Sc. Law Rev. Dec. 365 Letters of four forms..were superseded by letters of horning, according to which the debtor was charged to pay within a specified period under pain of rebellion.
extracted from rebellionn.1
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