单词 | outfangthief |
释义 | outfangthiefn. Law. Now historical. The right of a lord of a private jurisdiction, more extensive than that of infangthief (see infangthief n.), to claim for trial a thief, esp. one who is the lord's tenant, captured outside the jurisdiction, and to keep any forfeited chattels on conviction; occasionally used to denote the thief so apprehended. Also, more widely: the right of a lord to try any thief apprehended within that lord's jurisdiction, regardless of the accused person's place of origin.The right was variously defined or circumscribed in the 13th cent., when its meaning seems to have already become conjectural.Old English infangene-þēof is widely attested (earliest in charters of the 11th cent.: see infangthief n.), but ūtfangene-þēof is rare and late: its earliest and only attestation in Old English comes in a spurious charter of the first half of the 12th cent. (see quot. lOE); this charter is given by William of Malmesbury in the third version of his Gesta Regum (1135–40), and may perhaps have been forged by him (see J. Scott Early Hist. Glastonbury (1981) 31–2). An alleged Latin charter of Egbert dated 828, but in a manuscript of c1125 (Sawyer 271; see W. de G. Birch Cartularium Saxonicum (1885) I. 250) has the phrase ‘cum furis comprehensione intus et foris’ the apparent equivalent of an unattested Old English legal phrase mid infangenum þēofe and ūtfangenum, but the charter may be spurious, or the phrase may be a 12th-cent. interpolation. The term is not included in an English-French Glossary of Law Terms compiled 1122–50 (see T. Wright & J. O. Halliwell Reliquiæ Antiquæ (1845) I. 33) which contains ‘Infangenethef, larum pris ens nostre tere’.The etymological sense ‘out-caught-thief’, i.e. ‘thief apprehended outside’ (the jurisdiction), is that assigned to it in quot. a1425, in which the grant of ‘infangethef et outfangethef’ was explained as giving the grantee the right to try ‘his own thief’ ubicumque captum, whether within or without his territorial jurisdiction. But Bracton and Fleta explain it as the right to try thieves coming from without, and apprehended within the lord's jurisdiction; they both expressly deny that it meant a thief taken outside, or that such a thief might be brought back into the jurisdiction to be tried. Fleta however adds that, after his own thief had been condemned by the outside tribunal, the lord might bring him into his jurisdiction and hang him on his own gallows; and the right to do this appears to be all that Britton knows as ‘the franchise of outfangenthef’. ΘΚΠ society > law > legal power > [noun] > specific local rights of jurisdiction wergildthiefc690 forestallc1000 infangthief1020 outfangthieflOE infangc1550 outfangc1550 lOE Royal Charter: Edgar to Glastonbury (Sawyer 783) in W. Stubbs Willelmi Malmesbiriensis Monachi De Gestis Regum Anglorum (1887) I. 170 Habeant socam et sacam, on strande, on streame, on wude, on felde, and on grithbrice, on burhbrice, hundredsetena, morthas, athas and ordeles, ealle hordas bufan eorthan and beneothan, infangenetheof, and utfangenetheof, and flemeneferthe. 1189–95 in J. E. Prescott Register Priory of Wetherhal (1897) 31 Concedimus insuper eidem Abbaithiæ.. soch et sach et tol et theam et infangentheif et utfangentheif. c1290 Britton (1865) I. ii. iii. §13. 228 Qe il eynt la fraunchise de outfangenthef, ceo est a dire, qe eux eynt les juises de lour gentz et de lour tenauntz, ou q'il soint pris hors de lour feez, jugez a pendre, qe il les pusent apres jugement rendu prendre et remener en lour fraunchise et fere les pendre illucs sur lour fourches demeyne. a1300–1400 (a1268) H. Bracton De Legibus et Consuetudinibus Angliae (1922) II. 436 Utfangenethef vero dicitur latro extraneus veniens aliunde de terra aliena, et qui captus fuerit in terra ipsius qui tales habet libertates. a1325 Statutes of Realm (2011) xxxix. 101 Houtfongenþef: þat bez þeues of ower londe ore of ower feo, ȝif a bez inomen out of ouwer londe ore out of ower feo miȝt þefte, a sullen retornen to ouwer curt ant there ben iiuged. a1425 ( in J. T. Fowler Memorials Church SS. Peter & Wilfrid, Ripon (1882) I. 52 Suum latronem ubicumque captus fuerit, infangethef et outfangethef. c1460 in A. Clark Eng. Reg. Oseney Abbey (1907) 10 (MED) Owtefangenethefe is þat þefes of your lordeship or fee i-take with thefte be callyd agayne to your fee And there to be i-Juggyd. 1535 Act 27 Hen. VIII c. 26 §23 Lordshippes Marchers..shall have within the precincte of their said Lordeshippes..Wayff Straiff Infanthef Outfanthef Treasoure Troves. 1597 J. Skene De Verborum Significatione at Infangthefe Out-fangthiefe is ane forain thiefe, quha cumis fra an vther mans lande or jurisdiction, and is taken and apprehended within the lands perteinand to him quha is infeft with the like liberty. c1600 in Balfour's Practicks (1754) 37 Thair is sum Baronis quha hes privilege and libertie of infang and outfang thift. 1678 G. Mackenzie Laws & Customes Scotl. i. xix. §v. 98 This distinction hath in my opinion, given occasion to the difference in our Law, betwixt Infang-thief, and Out-fang-thief. 1700 J. Anderson Black Bk. (1843) 130 He is accused as a common and notorious theif, outfang theif, infang theif, and a theif by open voice and common fame. 1839 J. M. Kemble in Codex Diplom. Ævi Saxon. I. Introd. 45 Infangenethef and utfangenethef..are the right to judge one's own thief when taken within the jurisdiction, or when taken without the jurisdiction. 1895 F. Pollock & F. W. Maitland Hist. Eng. Law I. 564 (note) [In the 13th cent.] there was much doubt as to what was meant by hengwite and as to the exact limits of the right of utfangenethef. In cases of quo waranto the king's advocates are fond of puzzling their adversaries by asking them to explain what they mean by these old words. 1922 W. S. Holdsworth Hist. Eng. Law I. 132 The Quo Warranto enquiries resulted..in confirming the title of the holders of franchises if they could show that they had enjoyed them from the first year of Richard I's reign... Some were granted by the old Saxon terms sac and soc, toll and team, infangthef and utfangthef; and others in the new technical language of the common law. 1990 D. M. Walker Legal Hist. Scotl. II. 640 The addition of outfangandthef is much less usual; it seems to have meant the right to try a man of the barony taken stealing outside the barony, if necessary repledging him to the barony court. This entry has been updated (OED Third Edition, December 2004; most recently modified version published online June 2022). < n.lOE |
随便看 |
|
英语词典包含1132095条英英释义在线翻译词条,基本涵盖了全部常用单词的英英翻译及用法,是英语学习的有利工具。