释义 |
peremptory, a. (adv., n.)|pəˈrɛm(p)tərɪ, ˈpɛrəm-| Also 6–7 peremtory, -ie, (6 perentory, paremptory, parantarie, peremytorie, peremmatory, 7 parantory, perremtory). [ad. (through AFr. peremptorie, F. péremptoire) L. peremptōri-us destructive, deadly, mortal; that puts an end to, decisive; f. peremptor destroyer, perempt-us, pa. ppl. of perimĕre to take away entirely, cut off, destroy (f. per- 3 + emĕre to buy, purchase; orig., to take): see -ory. Introduced into French and English as a term of Roman Jurisprudence, in which use retained in Scots Law (in 16–17th c. usually as peremptor); thence, in transferred senses, also in English Law, and at length in general use. (Sense 6 was taken later from the more literal L. sense.)] I. 1. In Roman Law, used in the sense ‘that destroys, puts an end to, or precludes all debate, question, or delay’, hence ‘decisive, final’, in peremptory edict, peremptory decree, peremptory ordinance (peremptorium edictum, Digest 5. i. 70), and peremptory exceptions, peremptory defence, peremptory plea (peremptoriæ exceptiones, Gai Inst. 4 § 120, 121), viz. such as tend to quash the action (see exception 4); hence, also, in Eng. Law, peremptory challenge (challenge n. 3) or peremptory exception (quot. 1596), an objection without showing any cause, allowed to a prisoner against a certain number of jurymen; peremptory mandamus, a mandamus in which the command is absolute, usually issued after one found insufficient; peremptory writ, an original writ directing the sheriff to enforce the defendant's appearance in court without option; so peremptory citation, etc.
[c1250Bracton iv. xx. (Rolls) III. 206 Sunt enim exceptiones, quæ competunt contra breve, & assisam differunt, sed non perimunt... Est etiam quædam peremptoria quantum ad personam unius & dilatoria judicii, & non peremptoria quantum ad personam alterius. 1292Britton, Exceptioun peremptorie: see exception 4.] 1530–1Act 22 Hen. VIII, c. 14 No person arrained for any pety treason murder or felony be from hensforthe admitted to any peremytorie chalenge aboue the nombre of .xx. [1561, etc.: see peremptor.] 1581Lambarde Eiren. iv. xiv. (1588) 557. 1592 Greene Upst. Courtier (1871) 39 He hath his peremtory scitation ready to scite him to the archdeacons or officials court. 1596Spenser State Irel. Wks. (Globe) 619/2 A fellon in his tryall..may have..thirty-six exceptions peremptorye agaynst the jurours. 1596Bacon Max. & Use Com. Law i. ii. (1636) 8 There is no reason..but it should be a peremptory plea to the person in a writ of error as well as in any other action. 1770Junius Lett. xli. 216 By what law or custom you were authorized to make a peremptory challenge of a juryman. 1809J. Marshall Const. Opin. v. (1839) 125 A peremptory mandamus must be awarded. 1838W. Bell Dict. Law Scot. s.v. Defences, Peremptory defences..are positive allegations which enter into the merits of the cause itself, and have the effect either of taking away the ground of action, or of extinguishing its effects. 1880Muirhead Gaius iv. §120 Exceptions..are peremptory that remain available always, and cannot be excluded; such are the exceptions of constraint or dole. b. Hence, in ordinary language, † (a) Of a conclusion, statement, fact, etc.: Admitting no contradiction or denial, incontrovertible; settling the matter, conclusive, decisive, definite, final. (Obs., or merged in 4.) (b) Of a command, order, etc.: Admitting no refusal; imperative. (a)1532More Confut. Tindale Wks. 465/1 The finall peremptorye stoppe against al contradiccion. a1548Hall Chron., Hen. VIII 174 He in no wise woll take the defiaunce dooen by your Herault as a paremptory intimacion of warre. 1640Reynolds Passions xxxviii, A mathematician's conclusions ought to be peremptory and grounded on principles of infallible evidence. 1718Hearne Collect. (O.H.S.) VI. 367 The chief reason..was to get a peremptory Answer from the V. Chancellor whether I should print Neubrigensis. (b)1576Fleming Panopl. Epist. 9 margin, Ouer the which he had peremptorie gouernment, and iudiciall authoritie. 1607Rowlands Diog. Lanth. 11 The Theife..in the peremptory tearmes of ‘Stand, deliuer your Pursse’. 1759Johnson Rasselas xxxiii, A peremptory command would have compelled obedience. 1843Carlyle Past & Pr. iv. iii, New imperious peremptory necessities. 1878R. B. Smith Carthage 405 The orders of the Senate were peremptory. 2. Law. Said of a day or time decreed or definitely fixed for the performance of some act, esp. in a court of law. Rarely in general use. ? Obs.
1513–14Act 5 Hen. VIII, c. 1 The seid Chaunceller..shall prefix and assign unto hym a convenyent peremptorie day to prove hys objeccion. 1579in Archæol. Cant. II. 81 A parantarie daye for us to apper before the saied exchetor. 1656Earl of Monmouth tr. Boccalini's Advts. fr. Parnass. ii. xciv. (1674) 247 They..prefixt five days for the first, five for the second, and five more for the last peremptory tearm, for every one to come in. 1754Richardson Grandison IV. xxiv. 174, I may as well fix a peremptory day at once. b. Hence, Positively fixed; absolutely determined or settled; absolutely requisite, essential.
1596Drayton Leg. iv. 454 For ways there be the greatest things to hit, If Men could find the peremptorie gate. 1625Bacon Ess., Seditions & Tr. (Arb.) 411 [That] no Euill shall appeare so peremptory, but that it hath some Out-let of Hope. a1711Ken Preparatives Poet. Wks. 1721 IV. 85 Should Agony upon you seise, Pray not for peremptory Ease. 1860Emerson Cond. Life, Wealth Wks. (Bohn) II. 346 It is a peremptory point of virtue that a man's independence be secured. †c. colloq. ‘Absolute’, utter, thorough. Obs.
1598B. Jonson Ev. Man in Hum. i. i, What would you doe, you peremptory gull? †3. Precluding all doubt or hesitation in regard to action; resolute; resolved, determined (to do something, or that something be done); also, in a bad sense: Obstinate, stubborn, self-willed. (Of a person, or thing personified, or of purpose, action, etc.) Obs.
1589Greene Menaphon (Arb.) 21 The ayre yeelding preiudiciall sauors, seemd to be peremptory in some fatall resolution. 1595Shakes. John ii. i. 454 Not death himselfe In mortall furie halfe so peremptorie, As we to keepe this Citie. a1641Suckling Let. Wks. (1646) 85 Excuse me if I.. continue peremptory in the resolution I have taken. 1659in Burton's Diary (1828) IV. 301 He proved a peremptory fellow, and would not confess. 1702Eng. Theophrast. 183 When we are fickle and irresolute, we brag of being obstinate and peremptory. 1711Shaftesbury Charac. ii. i. (1737) II. 230 There are hardly any-where at this day a sort of People more peremptory. 1759Franklin Ess. Wks. 1840 III. 279 The House is peremptory, and will admit of no alteration in their bill. 4. Of persons, or their words, actions, etc. (often in reference to manner): Positive in opinion or assertion; quite certain, fully assured; esp. in bad sense, Intolerant of debate or contradiction; over-confident, showing too much assurance, dogmatic.
1586A. Day Eng. Secretary ii. (1625) 21, I am not a little grieued to think that you should in that peremptorie sort you do, attribute vnto me the name of so base and vnfit a dealing. 1588Shakes. L.L.L. v. i. 11 His humour is lofty, his discourse peremptorie. 1691Ray Creation ii. (1692) 94 In my denial of the Spontaneous Generation of Plants, I am not so confident and peremptory. 1706Estcourt Fair Examp. iii. i, They are able to put the peremptoriest Witness to a Nonplus. 1861O. W. Holmes Bread & Newspaper in Old Vol. Life (1891) 13 Say what you like,—only don't be too peremptory and dogmatic. 1862Maurice Mor. & Met. Philos. IV. vii. §1. 333 The dogmatism and peremptory propositions of Hobbes. 5. Intolerant of refusal or opposition; insisting on compliance or obedience; imperious, dictatorial. (Now the most usual sense.)
1591Shakes. Two Gent. i. iii. 71 To morrow be in readinesse, to goe, Excuse it not: for I am peremptory. 1614B. Jonson Barth. Fair iv. i, Iustice Overdo is a very parantory Person. 1773Goldsm. Stoops to Conq. v. i, Ha! ha! ha! The peremptory tone in which he sent forth his sublime commands! 1837Dickens Pickw. ii, Tupman was somewhat indignant at the peremptory tone in which he was desired to pass the wine. † II. 6. Deadly, destructive. Obs.
1567Fenton Trag. Disc. 24 [She] doth threaten my yonge and tender yeares with more perentorye plages. 1605Bacon Adv. Learn. i. vii. §3 Those Notions of Religion, policie and moralitie; which do preserve them..from all ruinous and peremptory errours and excesses. 1614W. B. Philosopher's Banquet (ed. 2) 3 There are subjectory and pertinent peremptorie infirmities..therevnto belonging. †B. as adv. a. colloq. Absolutely, entirely. b. By a peremptory order; without fail. Obs.
1533–4Act 25 Hen. VIII, c. 3 §1 Every person and persones that..chalenge peremptorie above the nomber of xx. [Cf. quot. 1530–1 in 1.] 1598B. Jonson Ev. Man in Hum. i. v, The most peremptory absurd clowne of christendome, this day, he is holden. [1709Strype Ann. Ref. I. ii. 64 That he [Boner] should make his answer by words on Wednesday next peremptory at nine of the clock. ] †C. ellipt. as n. Short for peremptory challenge, citation, command, rule, writ, etc. Obs.
1606–7Bacon Rep. Naturalization in Lett. & Life (1868) III. 327 If want of health may not excuse attendance, nor want of hearing answer for not reporting, he knew not what to say for himself. For others they have stood as peremptories, but to him they cannot serve as dilatories. 1644Prynne & Walker Fiennes's Trial 8 He procured sixe or seven successive adjournments of the day of triall (some of them after a perremtory)..thereby to tire out the Prosecutors. a1670Hacket Abp. Williams i. (1692) 174 Two or three afternoons he allotted every week to hear peremptories. 1737Order of Cork Water Club 21 Apr. in N. & Q. 9th Ser. VII. 489 No man be allowed more than one bottle to his share, and a peremptory. 1753Richardson Grandison (1810) II. xvi. 172, I went up with my father's peremptory, as I may call it, to my sister. |