▪ I. disclaim, v.
(dɪsˈkleɪm)
[a. AF. des-, disclamer (accented stem desclaime), f. des-, dis- 4 + clamer to claim; in med.(Anglo)L. disclāmāre.]
1. intr. Law. To renounce, relinquish, or repudiate a legal claim; to make a formal disclaimer. Const. † in the thing disclaimed, † out of or from the claim of the other party.
Originally said in reference to the renunciation of the claim of feudal lordship or tenancy by the lord or tenant respectively.
| [1302 Year-books Edw. I an. 30–31. 83 (Godefroy) Si le tenaunt portat sun bref ‘de homagio recipiendo’ seriez vus rescuz a desclamer en sun homage. 1304 Ibid. 119 En plee qe chiet par voye de destresse le tenaunt poet desclamer. 1409 Act 9 Hen. IV, c. 4 Ordines est et establies que nul home larron n'autre felon en Gales ouvertement conus ne soit soeffert par disclaimer hors del seignourie ou la felonie fust faict et qe tielx manere de disclaime soit de tout oustes. [Pulton's transl. It is ordained and stablished, that no Thiefe nor Felon in Wales, openly knowne, be suffered to disclaime out of the Seigniorie where the felony was done, and that such maner of disclaiming be vtterly put out.] [a 1481 Littleton Tenures (ed. Houard) 145 Si l'seignior que est vouché ne avoit resceivé pas homage del tenant ne d'ascun de ses auncesters, le seignior (s'il voit) poit disclamer en le seigniory, et issint ouste le tenant de son garranty.] 1574 tr. Littleton's Tenures 32 a, The lorde..may disclaime in the lordship, and so put his tenaunte of his warranty. 1597 Skene De Verb. Sign. (s.v. Disclamation) Disclamare is to disclaime, disavow or deny, as to deny an vther to be his superiour; as quhen the superiour affirmis the landes to be halden of him, and the vassall denies the samin. 1628 Coke On Litt. 102 a, The lord may disclaime..which signifieth utterly to renounce the seignory. 1647 N. Bacon Disc. Govt. Eng. i. lxii. (1739) 125 If the Lord fail, he loses his Tenure, and the Tenant might thenceforth disclaim, and hold over for ever. 1651 Ibid. ii. xiii. (1739) 71 He that hath both Right and Power, and will not seize, disclaims. 1809 Tomlins Law Dict. s.v. Disclaimer, Such person as cannot lose the thing perpetually in which he disclaims, shall not be permitted to disclaim. 1818 Cruise Digest (ed. 2) IV. 494 The law adjudges the frank tenement in B. till he disagrees or disclaims. 1848 Wharton Law Lex. 182 He cannot so disclaim after he has proved the will of his own testator. |
† 2. intr. transf. a. To renounce or disavow all part in; = sense 4. Obs.
| 1560 A. L. tr. Calvin's Foure Serm. Songe Ezech. iv, As if God would reject them, and utterly disclaime in them. 1581 Mulcaster Positions xxxix. (1887) 195 Disclayming in that which vertue auaunceth not. 1605 Shakes. Lear ii. ii. 59 You cowardly Rascall, nature disclaimes in thee. 1637 B. Jonson Sad Sheph. i. ii, The sourer sort Of shepherds now disclaim in all such sport. |
† b. To proclaim one's renunciation of, or dissent from. Obs.
| 1604 R. Parsons 3rd Part Three Convers. Eng. 360 He disclaymed from the Bohemians or Hussits and their opinions. 1605 Answ. Discov. Romish Doctr. 39 They not wholy disclaime from the Kinges Authority. 1624 Ld. Williams in Fortesc. Papers 203 He disclayminge from all fees and profitts of the place. 1632 J. Hayward tr. Biondi's Eromena 125 Catascopo disclaimed from having ever named me. |
| fig. 1644 Digby Nat. Bodies ii. (1645) 67 These two conditions..doe openly disclaime from quantity and from matter. |
3. trans. Law. To renounce a legal claim to; to repudiate a connexion with or concern in.
[Arising by omission of the preposition in sense 1: with quot. 1607, cf. 1534 Fitzherbert La Nouv. Nat. Brevium (1567) 197 b, Sil ne disclaime en le sank; transl. 1652 If he do not disclaim in the blood.]
| 1595 Shakes. John i. i. 247, I am not Sir Roberts sonne, I haue disclaim'd Sir Robert, and my land, Legitimation, name, and all is gone. 1607 Cowell Interpr. s.v. Disclaimer, If a man deny himselfe to be of the blood or kindred of another in his plee, he is said to disclaime his blood. Ibid. If a man arraigned of felonie do disclaime goods, being cleared he leeseth them. 1651 W. G. tr. Cowel's Inst. 48 Nor can an Infant disclaim that Guardian who prosecutes an action for him as being next of Kinn. 1670 [see disclaimer 1 b]. 1754 [see disclamation 1]. 1768 Blackstone Comm. III. 249 Upon this the bishop and the clerk usually disclaim all title. 1818 Cruise Digest (ed. 2) I. 123 Tenant for life may also forfeit his estate by disclaiming to hold of his lord. 1848 Wharton Law Lex. 182 A devisee in fee may, by deed, without manner of record, disclaim the estate devised. Ibid. An executor may, before probate, disclaim the executorship. |
b. To relinquish a part of (a patent) by a disclaimer.
| 1835 Ld. Brougham 3 June, in Hansard ser. 3. XXVIII. 474 The parts disclaimed should not detrimentally affect the other parts of the invention. 1888 R. Griffin Patent Cases decided 12 Application..to disclaim the 8th claim. |
4. To disavow any claim to or connexion with; to renounce or reject as not belonging to oneself; to disown formally or emphatically.
| 1593 Shakes. Rich. II, i. i. 70 There I throw my gage, Disclaiming heere the kindred of a King, And lay aside my high bloods Royalty. 1636 Heywood Challenge ii. Wks. 1874 V. 21 Sir, shee's yours, Or I disclaime her ever. 1647 Clarendon Hist. Reb. ii. (1843) 47/2 A short protestation..in which all men should..disclaim and renounce the having any intelligence, or holding any correspondence with the rebels. 1704 Pope Spring 87 Tell me but this, and I'll disclaim the prize. 1791–1823 D'Israeli Cur. Lit., Liter. Forgeries, The real author..obliged him afterwards to disclaim the work in print. 1875 Jowett Plato (ed. 2) IV. 224 Socrates disclaims the character of a professional eristic. 1895 Gladstone Let. 8 Aug. in Daily News 12 Aug. 5/4, I entirely disclaim the hatred and hostility to Turks, or any race of men, which you ascribe to me. |
† b. (with complement.) To refuse to acknowledge (any one, or oneself) to be (so and so). Obs.
| 1597 T. Beard Theat. Gods Judgem. (1612) 220 [He]..also disclaimed him from being his father. Ibid. 524 Disclaiming him to be her son. 1602 Warner Alb. Eng. xi. lxvii. (1612) 288 That Helen may disclaime her selfe for Helen in her glas. 1670 Walton Lives ii. 133 To perswade him..to disclaim himself a Member of the Church of England. |
5. To refuse to admit (something claimed by another); to reject the claims or authority of, to renounce.
| 1659 B. Harris Parival's Iron Age 28 They likewise disclaimed the Authority of the Pope. 1769 Robertson Chas. V, V. iii. 130 It was lawful for the people to disclaim him as their sovereign. 1781 Gibbon Decl. & F. II. xliii. 585 The troops..disclaimed the command of their superiors. 1841 Elphinstone Hist. India I. 203 They agree with the Báudhas..in disclaiming the divine authority of the Védas. |
† b. To refuse (a thing claimed). Obs. rare.
| 1647 N. Bacon Disc. Govt. Eng. i. lix. (1739) 114 These then are the rights that the King claimed, and the Clergy disclaimed at the first. 1725 Pope Odyss. viii. 39 Let none to strangers honours due disclaim. |
† c. To decline or refuse (to do something). Obs.
| 1586 A. Day Eng. Secretary i. (1625) 63 Yet disclaime you to be married, you will heare of no suters. 1589 Warner Alb. Eng. Prose Addit. (1612) 340, I that will not liue to heare it so, heartily disclaime to haue it so. 1805 Miniature No. 32 ¶13 The errors of the schoolboy will become the errors of the man, if he disclaims to adopt my practice. |
† 6. To denounce the claims or pretensions of; to cry out upon. Obs.
| 1590 J. Egerton in Confer. 32, I shalbe readye to disclayme you wheresoeuer I come, not only for men voyde of pietie, but euen of ciuile honestie also. 1659 B. Harris Parival's Iron Age 63 The Arminians [were] reviled, and disclaimed, as no better then half Traytors, by the very dregs of the people. |
† b. intr. disclaim against: to cry out against, declaim against. Obs.
| 1615 J. Stephens Satyr. Ess. 202 Hee is not..ashamed to quarrell, first with his Patron, and openly disclaim against the poor value of his Benefice. 1706 J. Sergeant Chapter of William (1853) 81 That he resolutely oppose it, and disclaim against it, in the chapter's name. 1749 Fielding Tom Jones xi. i, Which bears an exact analogy to the vice here disclaimed against. |
7. trans. Her. To declare not to be entitled to bear arms; to ‘make infamous by proclamation’ (those who used arms without any right, or assumed without authority the title of Esquire or Gentleman) as formerly done by the heralds at their visitations. (Said also of the persons, in sense 4.)
| 1634 Visitation of Bucks in Rylands Disclaimers (1888) ix. Rob{supt}. Wilmott, Chadderton, for usurping the Title of Gent, notwithstanding having been disclaimed in the Visitation made 1611. ― Visitation of Worcestersh. (ibid.), Edmd. Brothby..to be spared from disclaiming in regard of his being a souldier and of deserts. ― Visit. Hereford (ibid. viii.), John Phillips of Ledbury to be disclaimed at our next sizes because he was not disclaimed at our being in the country, being respyted then for proofe. 1888 J. P. Rylands Disclaimers at the Heralds' Visitations viii, The practice seems to have been for the visiting Herald to induce the persons summoned to disclaim under their hands if they would..and if they declined, or did not attend..they were disclaimed at the Assizes. |
Hence disclaimed ppl. a., disclaiming vbl. n. and ppl. a.
| 1602 Shakes. Ham. v. ii. 252 Let my disclaiming from a purpos'd euill, Free me so farre in your most generous thoughts. 1607 Hieron Wks. I. 268 In all those which thinke and hope to bee saued, there must bee a disclaiming, a renouncing, an vtter forsaking of those sinnes. 1659 B. Harris Parival's Iron Age 60 A Disciple of that so much disclaimed Italian. 1802 Mrs. Radcliffe Poet. Wks. (1833) II. 271 The Baron..bowed with a disclaiming gesture. 1885 Bridges Nero iii. iv. 16/2 Thou wert right in that, Wrong now returning on disclaimed ambition. 1892 Rep. Patent Cases IX. 83 The language of this disclaiming clause. |
▪ II. † disclaim, n. Obs.
[a. AF. disclaime, f. disclamer: see prec. vb.]
An act of disclaiming; formal renunciation or repudiation of a claim.
| [1409 see disclaim v. 1]. 1475 Bk. Noblesse 35 And so the said king Lowes relese was..a disclayme frome the kinges of Fraunce for ever. 1611 Speed Hist. Gt. Brit. vii. i. §2. 190 The associates of Britaine were now returned with vtter disclaime of further assistance. 1662 Jesuits' Reasons (1675) 128 You..make your disclaim of these..Opinions. 1674 A. G. Quest. conc. Oath of Alleg. 29 The disclaim of His indirect Authority over Kings. 1786 Francis the Philanthropist III. 85 A blush, not of disclaim, spread her cheek. |