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Oxford English Dictionary | the Definitive Record of the English Language Maintenance, N Oxford English Dictionary | The definitive record of the English language maintenance, n. Pronunciation: Brit. /ˈmeɪnt(ᵻ)nəns/, /ˈmeɪntn̩əns/, U.S. /ˈmeɪnt(ə)nəns/, /ˈmeɪntn̩əns/ Forms: ME mantenans, ME mayntenanse, ME mayntenavnce, ME mayntnance, ME mayntnaunce , ME meigntenance, ME meigtenance (transmission error), ME meintenance, ME meintenaunce, ME mentenaunce, ME menteynaunce, ME meynteinance, ME meyntenance, ME meyntenaunce, ME meyntenauns, ME meyntnance, ME meyntonawnse, ME meyntynaunce, ME–15 maintenaunce, ME–15 maynetenaunce, ME–15 mayntenaunce, ME–16 mayntenance, ME– maintenance, 15 maintaynance, 15 maintenans, 15 maintennance, 15 maintennence, 15 manteignance, 15 manteinance, 15 mayntenans, 15 mayntenaunts, 15 mayntennance, 15 mayntennence, 15 mayntenuance (prob. transmission error), 15–16 mantenance, 15– maintainance; Sc. pre-17 maintanance, pre-17 mainteinance, pre-17 mainteineance, pre-17 maintenanc, pre-17 maintinance, pre-17 maneteinance, pre-17 manetenance, pre-17 manetenaunce, pre-17 mantainans, pre-17 manteanance, pre-17 manteanaunce, pre-17 manteinance, pre-17 manteinans, pre-17 mantemans, pre-17 mantenance, pre-17 mantenans, pre-17 mantinance, pre-17 mantinence, pre-17 maynteynance, pre-17 mentainence, pre-17 mentanence, pre-17 menteinance, pre-17 mentemans, pre-17 mentemence, pre-17 mentenance, pre-17 menteynance, pre-17 mentinance, pre-17 mentinenc, pre-17 meyntenance, pre-17 17– maintenance. Frequency (in current use): Origin: A borrowing from French. Etymon: French maintenance. Etymology: < Anglo-Norman maintenance, mainteignance upkeep, preservation, protection, force, maintenance (in legal use in sense 1), and Old French, Middle French maintenance protection, support (mid 12th cent.), action of protecting or preserving (1474) < maintenir (see MAINTAIN v.) + -ance -ANCE suffix. Compare post-classical Latin manutenentia protection, support (1145; from 14th cent. in British sources), Old Occitan mantenensa, Spanish mantenencia, Portuguese mantença, Italian mantenenza. The spelling maintainance has never been standard, but is recorded sporadically from the 16th cent. onwards. I. Senses relating to support or assistance. 1. Law. The action of wrongfully aiding and abetting litigation; spec. support of a suit or suitor at law by a party who has no legally recognized interest in the proceedings. Cf. MAINTAIN v. 1c, 8c; also BARRATRY n. 4, CHAMPERTY n. 2. In the United Kingdom, criminal and tortious liability for maintenance were abolished by the Criminal Law Act 1967, but the common rule has survived, that rights of action cannot be assigned where the assignment savours of maintenance, and the courts may still strike down contracts to maintain another's suit as void. c1350 (▸a1333) WILLIAM OF SHOREHAM Poems (1902) 96 Alas! onneþe eny man Þat pyse heste healde; Alle hy beþ y-torned to lesynge..Þer-to hys mentenaunce great Þat makeþ hy wel bealde. 1389 in J. T. Smith & L. T. Smith Eng. Gilds (1870) 39 Þei shullen makyn no meyntenaunce ne confideracie ageyn þe kyngis right ne þe comoun lawe. 1399 Rolls of Parl. III. 452/2 Some men..have taken mych more by extorsion..and by mayntenance of quereles. ?a1425 in D. Knoop & G. P. Jones Mediæval Mason (1933) 265 No fals mantenans he take hym apon. 1447 Rolls of Parl. V. 130/1 By grete might, mayntenaunce, and other undue meones. 1460–1 Rolls of Parl.: Henry VI (Electronic ed.) Parl. Oct. 1460 374/2 In an action of mayntenaunce. 1467 in J. T. Smith & L. T. Smith Eng. Gilds (1870) 400 Alle the attorners..truly to execute ther office as the lawe requirith wtout mayntenaunce, or champertye, or conseilynge ther cliauntors to vse eny fals accyons. c1500 (▸?a1475) Assembly of Gods (1896) 659 Hoordam, Bawdry, False Mayntenaunce. a1601 W. LAMBARDE Archion (1635) 137 That he shal not by himselfe, or by any other commit maintenance, or other thing which may disturbe the course of the Common Law. 1628 E. COKE 1st Pt. Inst. Lawes Eng. 368 b, Maintenance..signifieth in Law, a taking in hand, bearing vp or vpholding of quarrels and sides, to the disturbance or hindrance of common right. a1754 T. CARTE Gen. Hist. Eng. (1755) IV. 86 (note) Sir E. Coke who being in danger of a prosecution..for champarty and maintenance being a judge. 1787 J. BENTHAM Def. Usury xii. 118 Champerty is but a particular modification of this sin of Maintenance. 1836 Bingham's New Cases Comm. Pleas II. 639 If the Defendant was not privy to the publication of the libel, he was a stranger to the action brought against the Plaintiff, and in undertaking to indemnify the Plaintiff against the costs was guilty of maintenance. 1875 E. POSTE tr. Gaius Institutionum Iuris Civilis (ed. 2) IV. 611 Unless the assignment savour of Maintenance, i.e. be made with the design of fomenting litigation. 1883 Law Rep.: Queen's Bench Div. 11 1 Bradlaugh v. Newdegate... The action was for maintenance. 1886 Law Rep.: Queen's Bench Div. 17 504 The action was brought to recover damages occasioned to the plaintiff by reason of the defendant's ‘maintenance’ of one Nailer in an action which he had brought against the plaintiff. 1901 F. POLLOCK Law of Torts 321 The wrong of maintenance, or aiding a party in litigation without either interest in the suit, or lawful cause of kindred, affection, or charity for aiding him, is..akin to malicious prosecution and other abuses of legal process... Actions for maintenance are in modern times rare though possible. 1940 T. H. WHITE Ill-made Knight xlv. 286 The lawyers were as busy as bees, issuing writs for attainder,..distraint, distress,..maintenance,..and oyer and terminer. 1994 A. G. GUEST Chitty on Contracts (ed. 27) I. 800 In principle a contract of maintenance should be held to be unenforceable between parties to it. †2. The action of giving aid, countenance, or support to a person in a course of action. Obs. 1384 in R. W. Chambers & M. Daunt Bk. London Eng. (1931) 24 Al the ordinances..sholden haue be meigtened euer more afterward with strength of meigntenance of the poeple a-yeins any mayr. c1400 (▸?c1380) Cleanness (1920) 186 For..mayntnaunce of schrewez. c1400 (▸c1378) LANGLAND Piers Plowman (Laud 581) (1869) B. V. 253 Lentestow euere lordes for loue of her mayntenaunce? 1422 in H. Rose & L. Shaw Geneal. Deduction Family Rose of Kilravock (1848) 125 With our help, suppouel and manetenance in al your lachful..erandis. a1500 Eng. Conquest Ireland (Rawl.) (1896) 21 That the harme whych he hadde no Powere to don vs hym-selfe, throgh helpe of them & mayntenavnce, the better myght bryng to ende. 1592 R. GREENE Quip for Vpstart Courtier sig. E, Sildom was there any pleas put in before that proud vpstart veluet breeches, for his maintaynance inuented strange controuersies. a1610 A. MONTGOMERIE Poems (1887) 168 And I sall be thy seruand, in sik sort To merit thy mantenance, if I may. 1638 National Covenant in Facsimiles National MSS Scotl. (1871) III. XCVII, A generall band for maintenance of..the Kings person. 3. a. The action of providing oneself, one's family, etc., with the means of subsistence or necessaries of life; the fact or state of being so provided. Also: that which is sufficient to support life; means of subsistence; the amount provided for a person's livelihood. 1389 in R. W. Chambers & M. Daunt Bk. London Eng. (1931) 45 Eche broþer..schal ȝeue somwhat in maintenance of þe bretherhede. ?c1430 (▸c1383) WYCLIF Eng. Wks. (1880) 15 Ȝif þei ben faste aboute to haue riche men biried in here housis for wynnynge and offrynge and worldly meyntenaunce. c1450 (▸?a1400) Wars Alexander (Ashm.) 1179 Rathere to thole Þe mayntenance of þe Messedoyns..Þan þaiem of Persy to pay. 1540 Act 32 Hen. VIII c. 14 The nauy..is..the maintenaunce of many masters mariners and sea men. 1581 R. MULCASTER Positions xxxvii. 148 Will ye haue the multitude waxe, where the maintenance waines? 1589 H. HAWKS in R. Hakluyt Princ. Navigations III. 550 This Maiz is the greatest maintenance which the Indian hath. 1596 G. BABINGTON Comf. Notes: Gen. (new ed.) i. 12 The pryde of some, who can not abide to haue any..come neere them, in any circumstance of life or maintenance. a1616 SHAKESPEARE Two Gentlemen of Verona (1623) I. iii. 68 What maintenance he from his friends receiues, Like exhibition thou shalt haue from me. 1639 J. WOODALL Surgeons Mate (rev. ed.) Ep. Salut. 3, I was forced for my maintenance to follow the practice of the cure of the Plague. 1645 D. FEATLEY Καταβάπτισται Κατάπτυστοι (ed. 3) 214 Some lands, profits, and emoluments..assigned for the maintenance of the Ministery. 1701 C. CIBBER Love makes Man II. 12 Enough to give him Books, and a moderate Maintainance. 1709 SWIFT Project Advancem. Relig. 28 They are not under a Necessity of making Learning their Maintenance. 1729 W. LAW Serious Call viii. 114 The parish allowance to such people, is very seldom a comfortable maintenance. ?1753 in B. Franklin Papers (1961) IV. 481 Scarce hope for any thing better than a Parish Maintainance. 1818 W. CRUISE Digest Laws Eng. Real Prop. (ed. 2) VI. 117 In case he should have any children by her, to provide for their maintenance. 1843 MACAULAY Ld. Clive in Crit. & Hist. Ess. III. 184 The civil servants were clearly entitled to a maintenance out of the revenue. 1863 M. HOWITT tr. F. Bremer Greece & Greeks II. xxi. 297 The Greek convent-houses are chiefly houses of maintenance for poor men and women. 1909 L. M. MONTGOMERY Anne of Avonlea xxii. 259 The sum of two thousand dollars was left..in trust for David and Dora Keith until they came of age or married. In the meantime the interest was to be used for their maintenance. 1969 H. A. R. GIBB Mohammedanism (rev. ed.) viii. 98 Towards the end of the fifth century a movement began in Persia..for the establishment and endowment of..institutions for theological instruction, with an official status, salaried teachers, and..provision for the maintenance of students as well.
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