discretion
(dɪˈskrɛʃən)
Forms: 4–6 discrecion, 4– discretion; also 4 discrescioun, dyscrecyun, -ioun, 4–5 discression(e, 4–6 -cretioune, 5 dis-, dyscrecioun, -yone, -youn, -crescion, -cressioun, -cretyown, 6 discrecyon, -tione, -creation, dyscreccion, -cretion.
[a. OF. des- discrecion distinction, discernment (It. discrezione, Sp. discrecion) ad. L. discrētiōn-em separation, distinction, and later, discernment, n. of action from discernĕre (ppl. stem discrēt-) to separate, divide, discern.]
I. [From ancient Latin sense of discrētio.]
1. The action of separating or distinguishing, or condition of being distinguished or disjunct; separation, disjunction, distinction.
This is perhaps the meaning in quot. 1340; otherwise this sense is found only since end of 16th c.: cf. discrete.
| [c 1340 Hampole Prose Tr. 12 Thynkynge of heuen with discrecyone of all mene dedes.] 1590 R. Bruce Sermons, Without discretion of His substance fra His graces. 1607 Topsell Serpents (1658) 747 It is some question among the learned, whether there be any discretion of sex. 1614 Jackson Creed iii. 197 The same rule..might..serue for certaine discretion of true Prophets from false. 1677 Gale Crt. Gentiles II. iv. 82 Al the notions of Virtue or Sanctitie..import Discretion, Separation, Singularitie, Preeminence. 1890 J. H. Stirling Gifford Lect. xviii. 351 Time and space are a concrete, of which the one is the discretion and the other the continuity. 1892 E. Caird Ess. Lit. & Philos. II. 522 Mind is a pure self-determined unity..which has no discretion of parts or capacity of division or determination from without. |
II. [In late Latin sense of discrētio.]
† 2. The action of discerning or judging; judgement; decision, discrimination. Obs. (exc. as passing into 4, or the phrases in 5.)
| c 1374 Chaucer Boeth. iii. pr. x. 93 Take now þus þe discressioun [Camb. MS. descression] of þis questioun, quod she. c 1400 Lanfranc's Cirurg. 283 Sumtyme a man mai not ȝeue a discrecioun of blood fro urine. c 1460 Fortescue Abs. & Lim. Mon. xx, Considryng that they lak it bi the discrecioun of þe kynges counseil. 1463 Bury Wills (Camden) 16 By the discrecion of my executours. 1547–8 Ordre of Commvnion 17 Twoo peces, at the least, or more by the discrecion of the minister. 1568 Mary Q. of Scots in Ellis Orig. Lett. Ser. i. II. 253 Y refer all to your discretion. 1842 C. Whitehead R. Savage (1845) I. viii. 90 She put it to Myte's discretion whether he would continue to harbour a young knave. |
† 3. The faculty of discerning; discernment. Obs.
| 1380 Lay Folks Catech. (Lamb. MS.) 620 Ofte þou hast brokyn godys hestys sytthe þou haddyst dyscrecioun of good and euyl. 1382 Wyclif 1 Cor. xii. 10 To another [is ȝouun] discrescioun, or verrey knowynge, of spiritis. 1526 Pilgr. Perf. (W. de W. 1531) 123 b, The gyfte..called discrecyon, or discernynge of spirytes is but in fewe persones. 1563 J. Davidson Confut. Kennedy in Wodr. Soc. Misc. (1844) I. 253 Discretione betwix the rycht understanding of thaim fra the wrang. 1651 Hobbes Leviath. i. viii. 33 The Discretion of times, places, and persons necessary to a good Fancy. |
4. Liberty or power of deciding, or of acting according to one's own judgement or as one thinks fit; uncontrolled power of disposal.
| 1399 Rolls of Parlt. III. 451/2 Mercy and grace of the Kyng as it longes to hym..in his owene discretion. 1432 Paston Lett. No. 18 I. 32 Where he shal have eny persone in his discrecion suspect of mysgovernance. 1581 G. Pettie Guazzo's Civ. Conv. iii. (1586) 153 Not to put himselfe to the discretion of his servants, for the ordering of his house. 1693 Mem. Cnt. Teckely iii. 73 If Transilvania were left to the Discretion of the Turks [etc.]. 1724 Swift Drapier's Lett., Let. to Harding 4 Aug., He leaves it to our discretion. 1780 Burke Econ. Reform Wks. III. 334 If a discretion, wholly arbitrary, can be exercised over the civil list revenue..the plan of reformation will still be left very imperfect. 1812–16 J. Smith Panorama Sc. & Art I. 386 This practice..leaves to the discretion of the workman the determination of the very matter in which he is most apt to err. 1849 Macaulay Hist. Eng. I. 185 As to the form of worship, a large discretion was left to the clergy. 1874 Morley Compromise (1886) 182 We may all write what we please, because it is in the discretion of the rest of the world whether they will hearken or not. |
b. Law. The power of a court of justice, or person acting in a judicial capacity, to decide, within the limits allowed by positive rules of law, as to the punishment to be awarded or remedy to be applied, or in civil causes how the costs shall be borne, and generally to regulate matters of procedure and administration.
In English-speaking countries a criminal judge dealing with offences not capital has generally a considerable discretion as to the punishment.
| [1292 Britton i. xvi. §7 Et si autrefoix de mauvesté soint atteyntz, adunc soit en la descrecioun des justices de juger les a la mort, ou de fere couper le autre oraille.] 1467 Ordin. Worcester in Eng. Gilds (1870) 379 Vppon the peyne of xxs. or more, after the discression of the Bailey and Aldermen of the seid cite. a 1626 Bacon Max. & Uses Com. Law (1636) 21 The judges may set a fine upon him at their pleasure and discretions. 1890 Ld. Esher in Law Times Rep. LXIII. 734/2 The judge..should not treat it as a matter within his discretion whether he will order the witness to answer or not. 1891 Law Rep. Weekly Notes 72/2 That the costs of references..should be in the discretion of the arbitrators. 1892 Sir. E. E. Kay in Law Times Rep. LXVII. 151/2 It is a matter of discretion whether the judge should give that leave to defend, and if he does, what terms he will impose. |
5. Phrases. a. at the discretion of, according to the discernment or judgement of, according as (he) thinks fit or pleases; at discretion, at one's own sense of fitness, mere good pleasure, or choice; as one thinks fit, chooses, or pleases. b. to surrender, yield, etc., at discretion, formerly to the enemy's discretion, on, upon discretion, i.e. to be disposed of as he thinks fit; at his disposal, at his mercy; unconditionally.
| 1577 Hanmer Anc. Eccl. Hist. (1619) 389 Distribute them at thy discretion among the poore. 1630 R. Johnson's Kingd. & Commw. 525 Their office is to place and displace Church⁓men at discretion. 1700 S. L. tr. Fryke's Voy. E. Ind. 218 One Vessel of Beer..free for any body to go to, and Drink at Discretion. Ibid. 294 This I leave the Reader to believe at Discretion. 1706 Phillips (ed. Kersey) s.v., To Live at Discretion (a Military Phrase) to have free Quarters. 1724 De Foe Mem. Cavalier (1840) 189 We reckoned ourselves in an enemy's country, and had lived a little at large, or at discretion, as it is called abroad. 1834 W. Ind. Sketch Bk. II. 4 Admitting at discretion as much light and air as may be agreeable. 1863 F. A. Kemble Resid. in Georgia 43 Power to inflict three dozen lashes at his own discretion. |
| 1548 Hall Chron., Hen. VI, 85 All the garrison yelded them symply to his mercy and discrecion. 1628 Hobbes Thucyd. (1822) 110 Conceiving that they might have gotten the city to discretion. 1632 Massinger Maid of Hon. ii. i. (Rtldg.) 191/1 He..exacts..the goods and lives Of all within the walls, and of all sexes, To be at his discretion. 1632 J. Hayward tr. Biondi's Eromena 151 [This] gave occasion to such as remained to yeeld themselves to the enemies discretion. 1659 B. Harris Parival's Iron Age 224 General Wranghel..took..Paderborn at discretion. 1684 Lond. Gaz. No. 1953/3 They write from Duseldorp..that Buda was Surrendred on discretion. 1691 Luttrell Brief Rel. (1857) II. 272 The garison surrendring upon discretion. 1702 Lond. Gaz. No. 3830/2 All the Country..will lie at our Discretion. 1732 Gentl. Instr. 154 (D.) If she stays to receive the attack, she is in danger of being at discretion. 1758 Jortin Erasm. I. 592 Roterdam was some days at the discretion of these rioters. 1878 R. B. Smith Carthage 83 The inhabitants surrendered at discretion, but they had to undergo all the horrors of a place taken by storm. |
III. [Cf. discreet.]
6. Ability to discern or distinguish what is right, befitting, or advisable, esp. as regards one's own conduct or action; the quality of being discreet; discernment; prudence, sagacity, circumspection, sound judgement.
| 1303 R. Brunne Handl. Synne 10162 Dyscrecyun a ryȝt wyt ys, On boþe partys ryȝtly to ges. 1340 Ayenb. 155 Hit be-houeþ hyealde riȝtuolnesse and discrecion. c 1477 Caxton Jason 4 b, Thou art not yet pourueyed of discrecion for to gouerne thy Royaume. 1548 Hall Chron., Hen. VI, 97 b, Eche of them, shal as farfurth as their connynges and discrecions suffisen, truly..advise the kyng. 1596 Shakes. 1 Hen. IV, v. iv. 121 The better part of Valour is Discretion. 1597–8 Bacon Ess., Discourse (Arb.) 20 Discretion of Speech is more than Eloquence. 1682 Glanius Voy. Bengala 149 This King..derided his discretion. 1720 Swift Fates of Clergymen, Discretion, a species of lower prudence. 1796 Jane Austen Sense & Sens. (1849) 53 Do you not now begin to doubt the discretion of your own conduct? 1849 Ruskin Sev. Lamps iv. §21. 110 That portion of temper and discretion which are necessary to the contemplation of beauty. |
b. age of, years of, discretion: the time of life at which a person is presumed to be capable of exercising discretion or prudence; in Eng. Law the age of fourteen.
| 1395 E.E. Wills 5 If Thomas here sone forsayd dyeth or he haue age of discrecioun. 1447 O. Bokenham Seyntys (Roxb.) 47 Whan she to ȝeris of dyscrescyon Was comyn aftyr ther lawes guyse..Wedded she was. 1545 Brinklow Compl. v. (1874) 18 The partyes neuer fauor the one the other after thei come to discrecyon. 1574 tr. Littleton's Tenures 23 a, The age of discretion is saide the age of xiiii. yeares. 1605 Rowlands Hell's Broke Loose 24 Wee'le have no Babes to be Baptized, Vntill they come to yeeres of ripe discretion. 1773 Goldsm. Stoops to Conq. i. i, He's not come to years of discretion yet. 1848 Wharton Law Dict. 21/1 A male..at fourteen is at years of discretion, so far at least that he may enter into a binding marriage. |
7. Sc. Propriety of behaviour, esp. of female conduct, as opposed to lightness or coquetry; civility, courtesy to a guest, etc. (Jam.)
| 1782 [see discreet a. 2]. |
† 8. An honorary title formerly frequently applied to bishops, and sometimes to noblemen (Du Cange). Cf. your worship, your honour.
| 1426 Surtees Misc. (1890) 10 If it lyke vn to your wirshipfull and wyse discrecion. 1523 Ld. Berners Froiss. I. ccccix. 712 Right dear and puissaunt lordes: to your right noble discressyons, please it you to known, that we haue receyued right amiably the letters to vs sent. a 1555 Latimer Serm. & Rem. (1845) 296 Your discretion, therefore, will take this matter into consideration. |
† b. A fanciful term for a ‘company’ of priests.
| 1486 Bk. St. Albans F vij a, A Discrecion of Prestis. |