| 释义 |
▪ I. trespass, n.|ˈtrɛspəs|
Forms: 3–7 trespas, (4–5 trispas, trispase), 4–6 trespace, 4–7 trespasse, (5 truspas, trespaas, 6 tresspas, treaspas), 7– trespass. β. 4 trepas, -pase, pl. -pasis.
[ME. trespas, a. OF. trespas passing across, passage, transgression of an order or law, offence, vbl. n. fr. trespasser, mod.F. trépasser to pass away, die: see trespass v. The legal application of the words seems specially English.]
1. A transgression; a breach of law or duty; an offence, sin, wrong; a fault.
c1290S. Eng. Leg. I. 23/152 He [St. Dunstan]..for-ȝaf hem [his servants] heore trespas..And a-soylede hem of heore sunnes. c1330R. Brunne Chron. (1810) 171 Þei did a foule trespas, it was vnsemly þing. 1382Wyclif Matt. vi. 14 Ȝif ȝee shulen forȝeue to men her synnys, and ȝoure heuenly fadir shal forȝeue to ȝou ȝoure trespassis. a1425Cursor M. 822 (Trin.) Furst shulde he bie dere þat trespace [rime grace]. c1440Alphabet of Tales 502 In þat mene while..it [a soul] mot hafe done suche penance for þe truspas at it had done, at it mot hafe bene delyverd fro payn. 1526[see trespass v. 3 b]. 1526Tindale Matt. vi. 14 And [= if] ye wyll not forgeve men there trespases, no more shall youre father forgeve your treaspases. 1611Shakes. Wint. T. i. ii. 265 Be plainer with me, let me know my Trespas. 1687A. Lovell tr. Thevenot's Trav. ii. 179, I lookt upon it as a Trespass against human prudence, to run the hazard a second time of being hindered to go into the Indies. 1768Blackstone Comm. III. xii. 208 Trespass, in it's largest and most extensive sense, signifies any transgression or offence against the law of nature, of society, or of the country in which we live. 1831Scott Ct. Rob. v, My head..is at your imperial command, prompt to pay for the unbecoming trespass of my tongue.
2. Law. In a wide sense, Any violation or transgression of the law; spec. one not amounting to treason, felony, or misprision of either.
c1290Beket 462 in S. Eng. Leg. I. 119 It nas neuere lawe ne riȝt, double dom to take For o trespas. c1330R. Brunne Chron. (1810) 50 Edrik was hanged on þe toure, for his trispas. 1421Coventry Leet Bk. 24 Noo Osteler bake no maner of bred in hur houses, nodur mannys bred ne horse⁓bred, to sell, up the payne of vj s. viij d. at every trespas. 1428Surtees Misc. (1888) 5 His trespas of forgeyng and utteryng of fals osmunds and castyng of fals tyn. 1472–5Rolls of Parlt. VI. 157/1 Trespasses doon with force and armes ayenst your peas. 1553T. Wilson Rhet. 49 Sometimes a man is accused of felonye, and yet he proueth his offence to be but a trespace. 1651G. W. tr. Cowel's Inst. 211 The word Trespasse..comprehends every violation of the Law. But our discreet Lawyers call only private crimes Trespasses, and make distinctions even amongst these. 1895Pollock & Maitland Hist. Eng. Law ii. viii. §3. II. 510 Trespass (transgressio) is the most general term that there is; it will cover all or almost all wrongful acts and defaults. Every felony, says Bracton, is a trespass, though every trespass is not a felony. In a narrower sense therefore trespass is used [in 13th c.] as a contrast to felony.
βc1308in Pol. Songs (Camden) 197 Of feloni hi ne taketh hede, Al thilk trepas is a-go.
3. Law. spec. Any actionable wrong committed against the person or property of another; also short for action of trespass.
a. trespass to person.
13..Cursor M. 29391 (Cott. Galba) Of him þat dose a light trispase To prest or clerk vnwitandly. 1444Coventry Leet-Bk. 203 In satisfaccion of the trespas doon to hym the tyme þat he was beeton. 1767J. Comyns Digest V. 534 Trespass to the Person may be by Menace, Assault, Battery or Mayhem. 1822Hammond Comyns' Digest VII. 495 A throws a squib among the people at a market, it lights near B who throws it from him, C does the same, and it strikes D and puts out his eye: D has trespass vi et armis against A. 1876Pollock Leading Cases done into Eng. 17 And now 'gainst Shepherd, for loss of eye, Question is, whether trespass will lie.
b. trespass to goods.
1590Swinburne Testaments 183 If the testator make diuerse executors, and do bequeath to the one of them the residue of his goodes;..if the other executor enter thereunto, hee is subiect to an action of trespasse. 1768Blackstone Comm. III. 257 He may bring an action of trespass for taking away his goods. 1863H. Cox Instit. ii. ix. 523 Another remedy for the unlawful taking of goods is by action of trespass, to recover damages for the loss of goods. 1909Holdsworth Hist. Eng. Law III. 271 The place of appeal was taken by the semi-criminal action of trespass de bonis asportatis. 1913Laws Eng. (ed. Halsbury) XXVII. 865 The gist of an action of trespass is an unlawful taking or removing or damaging of a personal chattel.
c. trespass to land. A wrongful entry upon the lands of another, with damage (however inconsiderable) to his real property.
c1455Forest Lawis c. 21 in Acts Parl. Scot. (1844) I. 692 Of trespas in forest of Baron. [1472–3Rolls of Parlt. VI. 43/2 Noo persone nor persones, which have taken any..profittes of any of the premisses, or have entred and doon trespas.] 1768Blackstone Comm. III. xii. 209 In the limited and confined sense..it signifies no more than an entry on another man's ground without a lawful authority, and doing some damage, however inconsiderable, to his real property... Every unwarrantable entry on another's soil the law entitles a trespass by breaking his close. 1818Cruise Digest (ed. 2) IV. 319 If a person grants a piece of ground in the middle of his estate; he at the same time impliedly grants a way to it, and the grantee may pass over the land of the grantor..without being guilty of a trespass.
d. trespass on the case, a form of action now obsolete in which the damage complained of is a result not immediate, but consequential of an unlawful act. So called from the L. name of the writs (brevia de transgressione super casum) under which it was brought; also the name of the writ itself.
1429Rolls of Parlt. IV. 346/1 Speciall actions of dette or trespasse uppon her cas. 1641Termes de la Ley 257 If not that it bee a trespasse upon the case, and then the words Vi et armis are left out, and in lieu thereof the writ shal say in the end thereof, Contra pacem. 1768[see case n.1 6 e]. 1875Poste Gaius iii. Comm. (ed. 2) 473 What was done by the introduction of the action of Trespass on the Case, was exactly analogous to what the praetors did. 1888F. Pollock in Encycl. Brit. XXIII. 454 In the 16th century, a special form of ‘trespass on the case’ became, under the name of assumpsit, the common and normal method of enforcing contracts not made by deed, and remained so till the middle of the present century.
4. A passing beyond some limit. Now generally associated with trespass v. 4. rare.
16..Jolly Pinder of Wakefield ii. in Child Ballads (1888) III. 131 There is neither knight or squire..Dare make a trespasse to the town of Wakefield. 1681tr. Belon's Myst. Physick 46 Some small Trespasses beyond the Rules of Physick. 1798C. Smith Yng. Philos. I. 49 He was frequently involved in scrapes for harmless frolics and trespasses out of bounds.
5. An encroachment, intrusion on or upon: cf. trespass v. 5.
1769Goldsm. Hist. Rome (1786) II. 23 Mankind are ever most offended at any trespass on ceremony. 1799Jefferson Writ. (1859) IV. 287, I know the extent of this trespass on your tranquillity. 1805Med. Jrnl. XIV. 575 Would not a publication of this kind be a species of trespass on the board of health, lately instituted in Ireland? 1830Gladstone in Morley Life (1903) I. App. 639 One trespass more I must make on your patience.
6. attrib. and Comb., as trespass act, trespass-board (board n. 2 b), trespass-fine, trespass money, trespass-offering (cf. sin-offering); trespass-chiding adj.
1906F. S. Oliver A. Hamilton II. iii. 121 By this victory he smashed the *Trespass Act.
1908Nation 21 Nov. 299/1 These writers have a disregard of all *trespass-boards.
1847Tennyson Princ. v. 36 Boys that slink From ferule and the *trespass-chiding eye.
1611Bible 2 Kings xii. 16 The *trespasse money, and sinne money was not brought into the house of the Lord.
1535Coverdale Lev. v. 15 Yf a soule trespace..he shal brynge his *trespaceofferinge vnto the Lorde. 1845Kitto Cycl. Bibl. Lit. s.v. Adultery, Bringing a trespass offering (a ram) to the door of the tabernacle, to be offered in his behalf by the priest.
▪ II. ˈtrespass, v.
Forms: 4–6 trespas, -pace, -passe, (4–5 trispas, 6 treaspas), 6– trespass. β. 4–6 trepasse, 6 -pase.
[f. trespass n.; or a. OF. trespasser to pass beyond or across, mod.F. trépasser to pass away, die, Pr. tras-, tres-, trapassar, Sp. traspasar, It. trapassare, med.L. transpassare to pass beyond, f. L. trans beyond (F. très) + passare, etc. to pass. (The chief sense in Eng. attaches itself rather to the Eng. n. than to the Fr. verb.)]
1. intr. To commit a transgression or offence; to transgress, offend; to sin. Also fig.
1303R. Brunne Handl. Synne 4250 He..Þat may, and wyl nat, here hys messe,..he trespasyþ more yn þe lay. 13..Seuyn Sag. (W.) 3921, I trispast namare than did he. 1382Wyclif Sel. Wks. III. 514 Summe prelatis þat trespaceden. 1387Trevisa Higden (Rolls) V. 153 He had i-trespassed. c1430Syr Tryam. 1062 Yf he had trespaste oght. 1591Spenser Virg. Gnat 365 Not vnto him that neuer hath trespast, But punishment is due to the offender. 1797Mrs. Radcliffe Italian ix, Father Schedoni would be the last among us so to trespass. 1805Wordsw. Waggoner i. 112, I trespassed lately worse than ever.
βc1400Lanfranc's Cirurg. 98 (Add. MS.) Ȝif þat þe blode trepasse [Ashm. MS. trespace] onlye in qualyte, amende hym.
b. Const. against († to, unto, for).
1303R. Brunne Handl. Synne 1217 Þou hast trespast apertly Aȝens þys comaundment so hy. a1366Chaucer Rom. Rose 1036 Who so durste to hir trespace, Or til hir folk, in werk or dede. c1380Antecrist in Todd 3 Treat. Wyclif (1851) 135 He preied forȝyveness of his Fadre for hem þat trespassedd for hym. c1386Chaucer Melib. ⁋911 Ye haue mysborn yow and trespassed vn-to me. 1426Paston Lett. I. 26, I have nought trespassed ageyn noon of these iij. 1523Fitzherb. Husb. §168 To forgyue them that haue trespaced to the. 1770Burke Pres. Discont. Wks. II. 341 He trespasses against his duty who sleeps upon his watch. 1845M. Pattison Ess. (1889) I. 22 He would not..trespass against the law and the canons.
†2. trans. with the matter of the trespass as object: To do (something wrong); to commit. Obs.
1375Barbour Bruce xi. 553 For he thoucht that he suld amend That he trespassit had. 14..Eng. Fragm. Med. Service-Bks. 8 To forȝeue alle maner of men and women þat þey haue trespased to the. Ibid. 9 Alle þe sennes that i haue trespased aȝens the wilful passioun of oure lord. 1542Udall Erasm. Apoph. 229 b, The offense euen of it self was hainous & besides that, trespaced in the emperours owne doughter. 1591Spenser Virg. Gnat 448 The faults which life hath trespassed. 1631May tr. Barclay's Mirr. Mindes i. 25 It begins to censure with much rigour, the trespassed errours of the same.
†3.
a. To transgress, violate (a law, etc.) Obs. [So in OFr.]
1483Caxton G. de la Tour d vij b, She had trespaced his commaundement. a1536Tindale Pathway Wks. (1573) 385/2 To punish vs if we trespasse the law and good order. 1613Daniel Hist. Eng. i. (1650) 223, I must not so much trespasse Vertue, as to overpasse one memorable particular.
β1523Ld. Berners Froiss. I. ccxxxiii. 323 These lordes and knightes..durst nat trepase the popes commaundement.
†b. To offend against, wrong, violate (a person). Obs.
1427in 10th Rep. Hist. MSS. Comm. App. v. 294 If ony man shal trespasse or ly by ony nurishe or apprentise. 1523Ld. Berners Froiss. I. cclxxx. 420 They had greatly trespassed the prince, wherof than they repented them, but than they coulde not remedy it. 1526Tindale Matt. vi. 12 And forgeve vs oure treaspases, even as we forgeve them which treaspas vs. 1556J. Heywood Spider & F. xix. 7 At the least thou hast trespassed me.
4. Law. intr. To commit a trespass (see trespass n. 2); spec. to enter unlawfully on the land of another, or on that which is the property or right of another. Const. on, upon.
c1455Forest Lawis c. 21 in Acts Parl. Scot. (1844) I. 692 Item gif a fre man hapyn to trespas [orig. delinquat] in þe forest of ony baroun to quham þe king be fre charter has granted a forest... All þat is fundin with him trespassand in þe forest. 1590,1651[implied in trespasser 2; cf. also sense 5]. a1718Prior Epitaph 20 Each Virtue kept it's proper Bound, Nor Trespass'd on the other's Ground. 1755Johnson, Trespass, 2. to enter unlawfully on another's ground. 1843Prescott Mexico (1850) I. vi. 160 The lad answered, ‘It was the king's wood, and he would punish him with death if he trespassed there.’ 1844in Ashbee Last Rec. Cotswold Commun. (1904) 37 Pd. Wm. Hands for..preventing Cattle from Trespassing on the Corn 4 weeks. 4 s. 1858Lytton What will he do iii. viii, I trust we are not trespassing. 1880Chambers' Encycl. IX. 535/1 If he is..trespassing with intent to catch or kill game, he may in some cases be apprehended and given into custody... If..A.'s cattle trespass on B's land, B can impound them.
fig.1818Keats Endymion iv. 870 No pearl Will trespass down these cheeks.
5. intr. fig. with on or upon: To make an improper or uninvited inroad on (a person's time, attention, patience, etc.); to intrude on or upon the rights or domain of; to encroach on, infringe.
1652Urquhart Jewel 274, I am afraid that I have trespassed a little upon the patience of the Reader. 1663Flagellum or O. Cromwell (ed. 2) 5 Herein he trespassed upon that respect and lenity due and usual to Children of his Birth and quality. 1724De Foe Mem. Cavalier (1840) 231 We made bold..to trespass upon the country for a few horses. 1803Med. Jrnl. IX. 53 Fearing that I have already trespassed on the limits of your Journal. a1881A. Barratt Phys. Metempiric (1883) 206 Science is on those occasions trespassing on Metempiric, and is talking about things of which it cannot possibly know anything.
†6. intr. (in form trepass.) To pass beyond this life; to die. Also trans. in to trepass this life. trepassed, deceased. (The only sense in which this vb. is preserved in mod.F.) Obs. rare.
14..[implied in trespassement]. 1523Ld. Berners Froiss. I. xx. 29 As soone as I am trepassed out of this worlde. Ibid., Soone after thys, noble Robert de Bruse, Kyng of Scotland, trepassed out of this vncertayne worlde. Ibid. ccxxix. 305 To gyue ayde and helpe, and to recomforte his cosyn, the wyfe of therle Charles trepassed. a1533― Huon vii. 17 It is .vii. yere syns he trepasyd thys lyfe.
Hence ˈtrespassed, ˈtrespassing ppl. adjs.
1631Trespassed [see sense 2]. 1731–3Tull Horse-Hoeing Husb. xix. 277 A very good Crop (except part of it, which being eaten by the trespassing Sheep..was somewhat blighted). 1788D. Gilson Serm. Pract. Subj. xiv. (1807) 265 One trespassing Egyptian might thrust him away. 1824G. C. Renouard Ceylon in Encycl. Metrop. (1845) XVI. 445/2 As all trespassing beasts are forfeited, the poor natives who live in the neighbourhood of plantations, are often deterred from rearing cattle. |