by-lawn.

Brit.

/ˈbʌɪlɔː/, U.S.

/ˈbaɪˌlɔ/,

/ˈbaɪˌlɑ/

Forms: Also Middle English bilage, Middle English–1500s bilawe, 1500s–1600s by-lawe, 1600s– bye-law.

Etymology: In sense 1 apparently (from the identity of meaning, and the identification of bylaw-man (see below) with byrlaw-man ) a doublet of byrlaw n. The difference of form would be explained by the derivation of bylaw from the stem instead of the genitive case of Old Norse bý-r , Swedish and Danish by , ‘dwelling-place, farm, village, township, town’: compare the Danish bylag , Swedish byalag , bylag , mentioned below. It is less probable that bylaw might be formed in England itself from the same elements: compare by n.¹; but it might be a corruption of byr-law either phonetic, or due to confusion with the adverbial prefix by- comb. form. The earliest examples of the word refer to Kent: the difficulty of assigning a Scandinavian etymology to the local name of a Kentish custom is obvious, but compare quot. 1292 at byrlaw n. 1 from an assize held in Devonshire, and quot. 1370 at sense 2a for the general use of bylaw in sense 2. Sense 3 however shows that the word was in the 16th cent. used as if < by adv. + law n.¹, analogous to by-name , by-path , by-way ; and this is the way in which sense 2 is now understood and used. This may have been, in its origin, merely a mistaken interpretation, but it is also possible that a word may have been formed independently from these elements, without influence of the Scandinavian word, although naturally falling together with it in the general sense of subsidiary or side-law. The compounds actually found in the Scandinavian languages are Danish bylag, explained by Molbech as ‘Forening imellem alle eller endeel Bönder i en Landsby, Bymenighed’, i.e. ‘association between all or some of the farmers in a rural township, bymenighed’, the latter being further said to be ‘the community of citizens in a town, of farmers in a rural township, etc.’; also Swedish byalag, bylag, village community. In Old Norse lag had, among other senses, that of ‘fellowship’; the plural lög those of ‘law’, ‘law-community or association’, and ‘law-district’ (compare the Dena-lagu or Dane-law). The singular has given Swedish and Danish lag-et; the plural Swedish lag-en, Danish lov-en ‘law’. The word belagines, alleged by Jordanis to be Gothic for ‘written law’, has sometimes been referred to in this connection; but it can have no relation to the English word.

†1.

a. Apparently the same as byrlaw n.: occurring in the 13th cent. as the name of a custom (in Kent) according to which disputes concerning boundaries were settled outside the law courts, on the testimony of neighbours, by official or specially deputed arbitrators. Obsolete.

ΘΚΠ

society > law > branch of the law > [noun] > common and customary > local custom of arbitration

byrlaw1257

by-law1283

1283 in W. Thorn Chronica (Twysden p. 1936) [Abbas Nicholaus ordinavit] Item si contingat quæstionem moveri inter nos [monks of St. Augustine, Canterbury] & archiepiscopum vel ejus tenentes de subtractionibus, purpresturis, dampnis seu aliis injuriis hinc inde factis, quod consuetudo illa quæ dicitur bilage observetur.

1303 in W. Thorn Chronica (Twysden p. 1936) Ad sextum articulum petitur, quid intelligitur per hanc dictionem Bilage. ‘Dicunt quod quidam usus vel consuetudo, qui Bilage in partibus Kantiæ vulgaliter appellatur, sic se habere consuevit: quod cum contentio vel controversia aliqua suborta fuerit inter aliquos super finibus, seu limitibus, debent seneschalli seu ballivi partium, vel aliæ personæ fide dignæ, ad hoc per partes specialiter deputatæ, in loco de quo est contentio convenire, remque oculis subicere, informationeque per viros vicinos fide dignos habita, absque strepitu judiciali, & figura judicii, mox totam dirimere quæstionem.

b. Often specially applied to ordinances made by common assent in a Court-leet or Court-baron. Cf. bylaw-man n. at Derivatives.

ΘΚΠ

society > law > [noun] > edict, decree, ordinance, or institute > made in Court-leet or Court-baron

by-law1607

1607 J. Cowell Interpreter sig. K2^v/1 Bilawes, are orders made in court leets or court Barons by common assent, for the good of those that make them, farder then the publique law doth binde... These in Scotland are called (burlawe) or (birlawe) Skene de Verbo: sign. verbo Burlawe.

a1642 R. Callis Reading of Statute of Sewers (1647) v. 230 Also Ordinances may be made by the power of a Court, as in a Court Baron to make Orders, or by the Inhabitants of a Town by Custom..And these are more properly by-Laws then Laws.

1642 in Quarter Sessions Rec. (N. Riding Rec. Soc.) (1886) IV. A Barmeby gent. presented for not paying the sum in which he was assessed according to an ancient custom of the inhabitants called a Bylaw.

1676 E. Coles Eng. Dict. Bylaw, Burlaw or Byrlaw, laws determined by persons elected by common consent of neighbours.

1689 R. Milward Selden's Table-talk §2 A Court-Leet, where they have a power to make By-Laws, as they call them.

1875 W. Stubbs Constit. Hist. (ed. 2) I. v. 91 In the courts of the manor are transacted the other remaining portions of the old township jurisdiction; the enforcing of pains and penalties on the breakers of by-laws, etc.

c. In Old Danish, bylag had also the sense ‘Payment or contribution in order to receive citizenship or the freedom of the by’ (see Kalkar); the following quotation applies the name to a proportional charge or assessment made for a local purpose: cf. 1642 at sense 1b.

ΘΚΠ

society > trade and finance > fees and taxes > impost, due, or tax > local or municipal taxes or dues > [noun] > other local or municipal dues or taxes

shot and lotlOE

burghal-pennyc1177

scot1227

scat1577

turnsilver1578

rogue money1585

town charge1592

marshalsea1657

by-law1691

tensership1701

statute money1792

corporate tax1824

UBR1985

1691 Blount's Νομο-λεξικον (ed. 2) at Bi-scot, 9 Edw. 3 At a Session of Sewers held at Wigenhale in Norfolk, it was decreed, That if any one in those parts of Marchland, should not repair his proportion of the Banks, Ditches and Causeys, by a day assigned, xiid. for every Perch unrepaired (which is called a Bilaw) should be levied upon him.

2. A ‘law’ or ordinance dealing with matters of local or internal regulation, made by a local authority, or by the members of a corporation or association. More particularly: An ordinance made by the members of a corporation for the better government of their own body, or for the regulation of their dealings with the public; in modern times most commonly (as by railway companies) in the exercise of powers expressly conferred by the Legislature.

a. of a town or local authority.

ΚΠ

1370 Yearbook 44 Edw. III 19 Inhabitants dun ville, sauns ascun custome poient fayre ordinaunces ou Bilawes pur reparation del Eglise, ou dun haut voy, ou dascun tiel chose, que est pur le bien publique generalment, & in tiel case le greinderpart liera touts sauns ascun custome.

1622 F. Bacon Hist. Raigne Henry VII 215 There was likewise a Law to restrain the By-lawes, or Ordinances of Corporations.

1628 E. Coke 1st Pt. Inst. Lawes Eng. 110 b An vpland Towne may alledge a Custome..to make By-lawes for the reparations of the Church, the well ordering of the Commons, etc.

1732 (title) City Liberties..and Bye Laws, relating to Carts, Coaches, Fire-cocks, Fairs, etc.

1815 W. Scott Guy Mannering II. 25 A bye-law of the corporation of Newcastle.

b. of a society or corporation.

ΘΚΠ

society > law > [noun] > a law > local by-law

by-law1366

statute1509

1366–80 J. Wyclif Wks. (1880) 276 Þat þe ordre of presthod..be holden..sikerer þan ony newe secte wiþ bilawes, customes, obseruancis founden of synful men.

1523 in W. H. Turner Select. Rec. Oxf. (1880) 40 By lawes w^ch the..Schollers..have made.

1681 Arraignm.,Tryal & Condemnation S. Colledge 98 I heard a man was in trouble..upon a By-Law in the Stationers Company.

1694 N. Luttrell Diary in Brief Hist. Relation State Affairs (1857) III. 355 The new bank..have appointed a committee of 15 to make by laws.

1852 G. Bancroft Hist. Amer. Revol. II. xi. 280 The power of making by-laws, subject to parliamentary control.

3. A secondary, subordinate, or accessory law.

ΘΚΠ

society > law > [noun] > a law > subordinate or accessory law

by-law1541

1541 M. Coverdale tr. H. Bullinger Olde Fayth sig. Cvj^v As for all the laws and ordinances which afterward were added unto these two tables, they were not joined thereunto as principal laws, but as by-laws.

a1680 S. Butler Genuine Remains (1759) I. 209 Great Philosophers..proudly think t' unriddle ev'ry Cause, That Nature uses, by their own By-laws.

1714 H. Grove in Spectator No. 608 In the Beginning..is recited the Law or Institution in Form..To which are added Two By-Laws, as a Comment upon the General Law.

1780 J. Reynolds Disc. Royal Acad. (1876) x. 13 In detail, or what may be called the by-laws of each art.

Derivatives

bylaw-man n. = byrlawman n.

ΘΚΠ

society > law > law enforcement > law-enforcement or peace-officer > [noun] > appointed at court-leet

byrlawman1432

byrlaw-grave1477

bylaw-man1590

burleybailie1750

burleyman1750

1590 in Court Leet Rec. Manch. (1885) II. 45 Bylawmen.

1620 Acc. Feoffees of Comm. Lands Rotherham in Athenæum 9 Aug. (1879) Bye-lawe men with the rest of the neabors..The multitude of pore people which follow the Bye-law men.

1622 Acc. Feoffees of Comm. Lands Rotherham in Athenæum 9 Aug. (1879) Ale and bread which was bestowed on the Bylaw~men.

a1800 Form of Bylawmen's Oath, formerly used in the Cholmley Courts (MS. communicated by Rev. J. C. Atkinson) ‘You shall well and truly execute the office of Bylawman for the year ensuing for the Township of ——, and you shall take care that the commons and common fields be broken at the usual time, that the common gates, fences, and bridges be duly made and repaired, and the bylaws be duly kept and observed, etc.’

1875 W. Stubbs Constit. Hist. (ed. 2) I. v. 91 (note) The officers elected [at Aldborough, Yorksh.] in the ninth of Charles I were four by-lawmen or plebiscitarii, two constables, etc.

This entry has not yet been fully updated (first published 1888; most recently modified version published online December 2021).

单词	by-law
释义	by-lawn. Brit. /ˈbʌɪlɔː/, U.S. /ˈbaɪˌlɔ/, /ˈbaɪˌlɑ/ Forms: Also Middle English bilage, Middle English–1500s bilawe, 1500s–1600s by-lawe, 1600s– bye-law. Etymology: In sense 1 apparently (from the identity of meaning, and the identification of bylaw-man (see below) with byrlaw-man ) a doublet of byrlaw n. The difference of form would be explained by the derivation of bylaw from the stem instead of the genitive case of Old Norse bý-r , Swedish and Danish by , ‘dwelling-place, farm, village, township, town’: compare the Danish bylag , Swedish byalag , bylag , mentioned below. It is less probable that bylaw might be formed in England itself from the same elements: compare by n.¹; but it might be a corruption of byr-law either phonetic, or due to confusion with the adverbial prefix by- comb. form. The earliest examples of the word refer to Kent: the difficulty of assigning a Scandinavian etymology to the local name of a Kentish custom is obvious, but compare quot. 1292 at byrlaw n. 1 from an assize held in Devonshire, and quot. 1370 at sense 2a for the general use of bylaw in sense 2. Sense 3 however shows that the word was in the 16th cent. used as if < by adv. + law n.¹, analogous to by-name , by-path , by-way ; and this is the way in which sense 2 is now understood and used. This may have been, in its origin, merely a mistaken interpretation, but it is also possible that a word may have been formed independently from these elements, without influence of the Scandinavian word, although naturally falling together with it in the general sense of subsidiary or side-law. The compounds actually found in the Scandinavian languages are Danish bylag, explained by Molbech as ‘Forening imellem alle eller endeel Bönder i en Landsby, Bymenighed’, i.e. ‘association between all or some of the farmers in a rural township, bymenighed’, the latter being further said to be ‘the community of citizens in a town, of farmers in a rural township, etc.’; also Swedish byalag, bylag, village community. In Old Norse lag had, among other senses, that of ‘fellowship’; the plural lög those of ‘law’, ‘law-community or association’, and ‘law-district’ (compare the Dena-lagu or Dane-law). The singular has given Swedish and Danish lag-et; the plural Swedish lag-en, Danish lov-en ‘law’. The word belagines, alleged by Jordanis to be Gothic for ‘written law’, has sometimes been referred to in this connection; but it can have no relation to the English word. †1. a. Apparently the same as byrlaw n.: occurring in the 13th cent. as the name of a custom (in Kent) according to which disputes concerning boundaries were settled outside the law courts, on the testimony of neighbours, by official or specially deputed arbitrators. Obsolete. ΘΚΠ society > law > branch of the law > [noun] > common and customary > local custom of arbitration byrlaw1257 by-law1283 1283 in W. Thorn Chronica (Twysden p. 1936) [Abbas Nicholaus ordinavit] Item si contingat quæstionem moveri inter nos [monks of St. Augustine, Canterbury] & archiepiscopum vel ejus tenentes de subtractionibus, purpresturis, dampnis seu aliis injuriis hinc inde factis, quod consuetudo illa quæ dicitur bilage observetur. 1303 in W. Thorn Chronica (Twysden p. 1936) Ad sextum articulum petitur, quid intelligitur per hanc dictionem Bilage. ‘Dicunt quod quidam usus vel consuetudo, qui Bilage in partibus Kantiæ vulgaliter appellatur, sic se habere consuevit: quod cum contentio vel controversia aliqua suborta fuerit inter aliquos super finibus, seu limitibus, debent seneschalli seu ballivi partium, vel aliæ personæ fide dignæ, ad hoc per partes specialiter deputatæ, in loco de quo est contentio convenire, remque oculis subicere, informationeque per viros vicinos fide dignos habita, absque strepitu judiciali, & figura judicii, mox totam dirimere quæstionem. b. Often specially applied to ordinances made by common assent in a Court-leet or Court-baron. Cf. bylaw-man n. at Derivatives. ΘΚΠ society > law > [noun] > edict, decree, ordinance, or institute > made in Court-leet or Court-baron by-law1607 1607 J. Cowell Interpreter sig. K2^v/1 Bilawes, are orders made in court leets or court Barons by common assent, for the good of those that make them, farder then the publique law doth binde... These in Scotland are called (burlawe) or (birlawe) Skene de Verbo: sign. verbo Burlawe. a1642 R. Callis Reading of Statute of Sewers (1647) v. 230 Also Ordinances may be made by the power of a Court, as in a Court Baron to make Orders, or by the Inhabitants of a Town by Custom..And these are more properly by-Laws then Laws. 1642 in Quarter Sessions Rec. (N. Riding Rec. Soc.) (1886) IV. A Barmeby gent. presented for not paying the sum in which he was assessed according to an ancient custom of the inhabitants called a Bylaw. 1676 E. Coles Eng. Dict. Bylaw, Burlaw or Byrlaw, laws determined by persons elected by common consent of neighbours. 1689 R. Milward Selden's Table-talk §2 A Court-Leet, where they have a power to make By-Laws, as they call them. 1875 W. Stubbs Constit. Hist. (ed. 2) I. v. 91 In the courts of the manor are transacted the other remaining portions of the old township jurisdiction; the enforcing of pains and penalties on the breakers of by-laws, etc. c. In Old Danish, bylag had also the sense ‘Payment or contribution in order to receive citizenship or the freedom of the by’ (see Kalkar); the following quotation applies the name to a proportional charge or assessment made for a local purpose: cf. 1642 at sense 1b. ΘΚΠ society > trade and finance > fees and taxes > impost, due, or tax > local or municipal taxes or dues > [noun] > other local or municipal dues or taxes shot and lotlOE burghal-pennyc1177 scot1227 scat1577 turnsilver1578 rogue money1585 town charge1592 marshalsea1657 by-law1691 tensership1701 statute money1792 corporate tax1824 UBR1985 1691 Blount's Νομο-λεξικον (ed. 2) at Bi-scot, 9 Edw. 3 At a Session of Sewers held at Wigenhale in Norfolk, it was decreed, That if any one in those parts of Marchland, should not repair his proportion of the Banks, Ditches and Causeys, by a day assigned, xiid. for every Perch unrepaired (which is called a Bilaw) should be levied upon him. 2. A ‘law’ or ordinance dealing with matters of local or internal regulation, made by a local authority, or by the members of a corporation or association. More particularly: An ordinance made by the members of a corporation for the better government of their own body, or for the regulation of their dealings with the public; in modern times most commonly (as by railway companies) in the exercise of powers expressly conferred by the Legislature. a. of a town or local authority. ΚΠ 1370 Yearbook 44 Edw. III 19 Inhabitants dun ville, sauns ascun custome poient fayre ordinaunces ou Bilawes pur reparation del Eglise, ou dun haut voy, ou dascun tiel chose, que est pur le bien publique generalment, & in tiel case le greinderpart liera touts sauns ascun custome. 1622 F. Bacon Hist. Raigne Henry VII 215 There was likewise a Law to restrain the By-lawes, or Ordinances of Corporations. 1628 E. Coke 1st Pt. Inst. Lawes Eng. 110 b An vpland Towne may alledge a Custome..to make By-lawes for the reparations of the Church, the well ordering of the Commons, etc. 1732 (title) City Liberties..and Bye Laws, relating to Carts, Coaches, Fire-cocks, Fairs, etc. 1815 W. Scott Guy Mannering II. 25 A bye-law of the corporation of Newcastle. b. of a society or corporation. ΘΚΠ society > law > [noun] > a law > local by-law by-law1366 statute1509 1366–80 J. Wyclif Wks. (1880) 276 Þat þe ordre of presthod..be holden..sikerer þan ony newe secte wiþ bilawes, customes, obseruancis founden of synful men. 1523 in W. H. Turner Select. Rec. Oxf. (1880) 40 By lawes w^ch the..Schollers..have made. 1681 Arraignm.,Tryal & Condemnation S. Colledge 98 I heard a man was in trouble..upon a By-Law in the Stationers Company. 1694 N. Luttrell Diary in Brief Hist. Relation State Affairs (1857) III. 355 The new bank..have appointed a committee of 15 to make by laws. 1852 G. Bancroft Hist. Amer. Revol. II. xi. 280 The power of making by-laws, subject to parliamentary control. 3. A secondary, subordinate, or accessory law. ΘΚΠ society > law > [noun] > a law > subordinate or accessory law by-law1541 1541 M. Coverdale tr. H. Bullinger Olde Fayth sig. Cvj^v As for all the laws and ordinances which afterward were added unto these two tables, they were not joined thereunto as principal laws, but as by-laws. a1680 S. Butler Genuine Remains (1759) I. 209 Great Philosophers..proudly think t' unriddle ev'ry Cause, That Nature uses, by their own By-laws. 1714 H. Grove in Spectator No. 608 In the Beginning..is recited the Law or Institution in Form..To which are added Two By-Laws, as a Comment upon the General Law. 1780 J. Reynolds Disc. Royal Acad. (1876) x. 13 In detail, or what may be called the by-laws of each art. Derivatives bylaw-man n. = byrlawman n. ΘΚΠ society > law > law enforcement > law-enforcement or peace-officer > [noun] > appointed at court-leet byrlawman1432 byrlaw-grave1477 bylaw-man1590 burleybailie1750 burleyman1750 1590 in Court Leet Rec. Manch. (1885) II. 45 Bylawmen. 1620 Acc. Feoffees of Comm. Lands Rotherham in Athenæum 9 Aug. (1879) Bye-lawe men with the rest of the neabors..The multitude of pore people which follow the Bye-law men. 1622 Acc. Feoffees of Comm. Lands Rotherham in Athenæum 9 Aug. (1879) Ale and bread which was bestowed on the Bylaw~men. a1800 Form of Bylawmen's Oath, formerly used in the Cholmley Courts (MS. communicated by Rev. J. C. Atkinson) ‘You shall well and truly execute the office of Bylawman for the year ensuing for the Township of ——, and you shall take care that the commons and common fields be broken at the usual time, that the common gates, fences, and bridges be duly made and repaired, and the bylaws be duly kept and observed, etc.’ 1875 W. Stubbs Constit. Hist. (ed. 2) I. v. 91 (note) The officers elected [at Aldborough, Yorksh.] in the ninth of Charles I were four by-lawmen or plebiscitarii, two constables, etc. This entry has not yet been fully updated (first published 1888; most recently modified version published online December 2021). < n.1283
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