Forms: 4–7 excepcion, -cioun, 5–6 -cyon, 6 -tioun, 5– exception. [a. AF. excepcioun (Fr. exception), ad. L. exceptiōn-em, n. of action f. excipĕre to EXCEPT.]
1. The action of excepting (a person or thing, a particular case) from the scope of a proposition, rule, etc.; the state or fact of being so excepted. Const. from, to.
c. 1385. Chaucer, L. G. W., 2653, Hypermnestra. Al ȝoure wille … I shal fulfille So it to me be non confusioun. I nele quod he have non excepcioun.
c. 1400. Rom. Rose, 4087. I shalle defende it … Withouten ony excepcioun Of ech maner condicioun.
1561. trans. Calvin’s 4 Godly Serm., i. D j b. Here is no exception or pretence of preuelege.
1709. Steele, Tatler, No. 92, ¶ 1. I know no Manner of Speaking so offensive as that of giving Praise, and closing it with an Exception.
1832. Lewis, Use & Ab. Pol. Terms, xi. 94. This exception of women and children from the whole community.
¶ The legal maxim, ‘Exception proves (or confirms) the rule in the cases not excepted’ (exceptio probat regulam in casibus non exceptis), which is in its original form an example of sense 1, is commonly quoted as ‘The exception proves the rule,’ the sb. being interpreted in sense 2.
[1617. Collins, Def. Bp. Ely, 100. Indefinites are equivalent to vniversalls especially where one exception being made, it is plaine that all others are thereby cut off, according to the rule Exceptio figit regulam in non exceptis.]
1640. G. Watts, trans. Bacon’s Adv. Learn., VIII. iii. Aph. 17. As exception strengthens the force of a Law in Cases not excepted, so enumeration weakens it in Cases not enumerated.
1662. J. Wilson, The Cheats, Pref. I think I have sufficiently justify’d the Brave man even by this Reason, That the exception proves the rule.
1768. Johnson, Pref. to Shaks., Wks. (1787), IX. 269. The exception only confirms the rule.
1837. Gen. P. Thompson, Exerc. (1842), IV. 243. With a view of making (according to another of the expressions which I have heretofore found puzzling) one of those exceptions which confirm the rule.
1855. Jowett, Ess., 468. We may except one solitary instance (an exception which eminently proves the rule).
2. Something that is excepted; a particular case that comes within the terms of a rule, but to which the rule is not applicable; a person or thing that does not conform to the general rule affecting other individuals of the same class. Const. † from, to.
1483. Caxton, Cato, I vj b. This rewle is generalle wythout any excepcion.
1534. Whitinton, Tullyes Offices, I. (1540), 20. Nothynge is more accommodate … to the nature of man, but it hath many cautions and excepcyons.
1590. Swinburne, Testaments, 184. Of which rule, neuerthelesse there be diuers exceptions.
1639. Fuller, Holy War, III. xxiv. (1840), 162. Egypt was an exception from the rules of all other Countries.
1785. Cowper, Tiroc., 841. Such rare exceptions, shining in the dark, Prove, rather than impeach, the just remark.
1829. A. W. Fonblanque, Eng. under 7 Adm. (1837), I. 280. Only a little exception from the amiable tenor of their conduct.
1839. G. Bird, Nat. Philos., 153. The only exceptions to this gradual diminution of the angle of declination, appear to have taken place in 1834.
1856. Stanley, Sinai & Pal., ii. 113. The Phœnician cities sent forth their fleets. But they were the exception of the world.
b. The exception (predicatively): something abnormal or unusual; contrasted with the rule.
1862. Stanley, Jew. Ch. (1877), I. 366. The possession of the gift … was the rule and not the exception.
Mod. You occasionally get a comfortable bed; but it is quite the exception.
3. Phrases, partaking of senses 1 and 2. To make (an) exception; with (the) exception (of, that); without exception; † in exception to.
c. 1391. Chaucer, Astrol., II. § 34. Of comune, tretis of Astrolabie ne make non excepcioun wheyther the mone haue latitude, or non.
c. 1430. Lydg., Compl. Bl. Knt., xxiii. He was … without excepcioun, To speke of manhod, oon the best on lyve.
1529. More, Supplic. Soulys, Wks. 303/2. Excepcion maketh he none, in this worlde.
1627. W. Sclater, Exp. 2 Thess. (1629), 210. With exception of the crosse.
1651. Hobbes, Leviath., II. xxvi. 140. A Law that obliges all the Subjects without exception.
1735. Pope, Ep. Lady, 275. Heav’n … Blends in exception to all gen’ral rules Your Taste of Follies, with our Scorn of Fools.
1777. Priestley, Matt. & Spir. (1782), I. xiv. 157. Here is no exception made of any part of the man that was not to die.
1778. Bp. Lowth, Isaiah, Notes 37. With exception … of certain ugly rings.
1780. Burke, Sp. Bristol., Wks. III. 364. Promises were made … without any exception or reserve.
1817. Coleridge, Biog. Lit., I. 151. With exception of one or two fundamental ideas.
1829. Southey, Sir T. More, II. 300. In exception to the … general course of feeling.
1841. Borrow, Zincali, I. II. i. 221. All those in Badajoz were very poor, with the exception of one man, who was exceedingly balbalo, or rich, as he was in possession of many mules and other cattle.
4. Law. [after L. exceptio in Roman Law; cf. EXCEPT v. 2.] a. A plea made by a defendant in bar of the plaintiff’s action: in Scots Law = DEFENCE. Peremptory exception: one tending to the dismissal of the action. Dilatory exception: one tending to arrest its progress. Declinatory exception: a dilatory exception consisting in a denial of the jurisdiction of the court. b. An objection made to the ruling of a court in the course of a trial. c. In Courts of Equity (obs. in England since 1875): An objection by the plaintiff to the defendant’s answer as insufficient.
Bill of Exceptions: a statement of objections to the ruling or direction of a judge drawn up on behalf of the dissatisfied party, and submitted to a higher court. This procedure still exists in Scotland; in England it was abolished by the Judicature Acts of 1873–5.
[c. 1250. Bracton V. V. i. Sciendum quod exceptio est actionis elisio per quam actio perimitur vel differtur.
1292. Britton, II. xvii. § 1. En plusours maneres est ceste assise destourbe que ele ne soit tauntost prise, sicum par excepcioun peremptorie, sicum … et par exceptiouns dilatories.]
1413. Lydg., Pilgr. Sowle, I. xviii. (1859), 19. Were it so that … by thyn excepcyon I personelly shold not be herde in thys present Court.
1560. Daus, trans. Sleidane’s Comm., 115 b. Wherfore hauing no exception, they were caried to Paris.
1560. Rolland, Crt. Venus, I. 800. Charge him compeir … [With] exceptionis, and causis defensall (Gif he sic hes) that may himself supple.
a. 1599. Spenser, State Irel., Wks. 1862, V. 323. [A fellon] may have fifty-six exceptions peremptory against the jurors.
1699. Bentley, Phal., 397. The Defendant makes his exception to the Indictment, because he did not call him Ἀνδροφόνον, which was the Word that was penal by Law.
a. 1715. Burnet, Own Time (1724), I. IV. 676. The first part of it was an exception to the authority of the Court.
1768. Blackstone, Comm., III. 372. This bill of exceptions is in the nature of an appeal; examinable … in the next immediate superior court, upon a writ of error.
1861. W. Bell, Dict. Law Scot., s.v., Generally speaking, everything which one alleges for defending himself, and for eliding the action, is called an exception.
1877. C. C. Langdell, Equity Pleading, § 82. [If the plaintiff thinks the answer insufficient] he must except to it, i.e. specify in writing the parts of the bill which are not sufficiently answered; and thereupon the bill, answer, and exceptions are referred to a master.
† 5. transf. a. A plea tending to evade the force of an opponent’s argument. b. A formal objection (to a proceeding, a person’s status or fitness for office, etc.). Obs.
1562. Cooper, Answ. in Def. Truth (1850), 51–2. Men that make exception to his possession, and claim the right thereof themselves.
1593. Nashe, Christ’s T., 4 a. That these ill Hus-band-men the Iewes, should haue no credible or trueth-like exception left them (that they tooke him for a counterfeit).
1599. Shaks., Hen. V., IV. ii. 25. ’Tis positiue against all exceptions … That … our Pesants … were enow To purge this field of such a hilding Foe.
1642. Sir T. Browne, Relig. Med., I. § 25. 47. I cannot but wonder with what exceptions the Samaritanes could confine their beliefe to the Pentateuch.
1663. Evelyn, Diary (1827), II. 212. The chapel dore … was then set open for any to enter and give their exceptions.
1689. Col. Rec. Pennsylv., I. 266. More time should have been allowed for their appearing to make their Exceptions.
† 6. Objection, demur, faultfinding; an instance of this, an objection, adverse criticism, complaint. Obs. or arch. exc. in phrases: see 7.
1571. Hanmer, Chron. Irel. (1633), 17. Many exceptions were made against them.
1611. Bible, Transl. Pref., 4. To expose themselues to many exceptions and cauillations.
1614. Selden, Titles Hon., 143. Diogenes presently gaue it to his sweet-heart Lysiodos, and shee without exception ware it.
1662. Gunning, Lent-Fast, 1. The Pharisees … came to our Saviour, and by way of exception said, Why do the Disciples of John and of the Pharisees fast often,… but thine fast not?
1667. Pepys, Diary (1879), IV. 245. Sir Charles Sedley’s exceptions against both words and pronouncing were very pretty.
1703. Rules Civility, 31. Fooling … which produces exception and quarrels many times.
1738. Birch, Life Milton, in M.’s Wks., I. p. xviii. The Exception to Milton’s Piety relates to his being a Protestant.
1767. Blackstone, Comm., II. 57. It being … unreasonable, that the lord should extend his protection to a person to whom he had exceptions.
† b. Dislike, dissatisfaction. Obs. rare.
1602. Shaks., Ham., V. ii. 242. What I haue done That might your nature, honour, and exception Roughly awake, I heere proclaime was madnesse.
† c. A ground of objection; something that is or may be objected to. Obs.
1633. Bp. Hall, Hard Texts, N. T., 110. The disciples neade no open complaint of this their exception and scandall.
1645. Direct. Lords & Comm. for Elect. Ruling-Elders, 2. In case no just exception, as aforesaid, shall be proved against him.
c. 1665. Mrs. Hutchinson, Mem. Col. Hutchinson (1846), 247. Having no exceptions against the governor in his own person.
7. Phrases belonging to sense 6. a. Above, beyond, † greater than, without (all) exception: above, etc., cavil, reproach or suspicion.
1475. Caxton, Jason, 24 b. She that is veraily withoute ony excepcion.
1641. J. Jackson, True Evang. T., I. 48. A grand Witnesse of their own, greater then exception.
1661. Bramhall, Just Vind., vii. 171. I produce two witnesses beyond exception.
1710. Berkeley, Princ. Hum. Knowl., I. § 10. Demonstrate beyond all exception.
1780. Burke, Sp. Bristol, Wks. III. 388. He is a witness without exception.
b. Liable, open, subject to exception.
1658. Bramhall, Consecr. Bps., vii. 156. An Adversaries Testimony … is subject to exception and makes no full proofe.
1765. T. Hutchinson, Hist. Col. Mass., i. 147. A parallel was attempted between the fundamental laws of England and those of the colony, which in some parts of it is liable to exception.
1818. Hallam, Mid. Ages (1872), I. p. v. The treatise of Nathaniel Bacon, itself open to much exception.
1835. I. Taylor, Spir. Despot., vi. 255. Motion … liable to the most serious exception.
1842. Grove, Corr. Phys. Forces (1850), 74. The applications I have made of these terms may be open to some exception.
c. To take (an) exception († exceptions) against, at, † of, to, † unto: to make objection to, find fault with, disapprove; also (chiefly with at), to take offence at. Formerly sometimes without prep., To take (an) exception: to make (an) objection, to object or complain (that).
Now only with the obj. an action, statement, quality, etc., not a person or material thing.
1542. Hen. VIII., Declar. Scots, 204. The Scottis wyl take exception to the homages of theyr prynces.
1561. T. Norton, Calvin’s Inst., I. 24. If any man take exception, and say [etc.].
1591. Shaks., Two Gent., V. ii. 3. Th. … what saies Siluia to my suit? Pro. Oh Sir … she takes exceptions at your person.
1597. Hooker, Eccl. Pol., V. vii. (1611), 196. Not able … to take any strong exception against.
1621. Burton, Anat. Mel., II. ii. I. i. (1651), 232. Galen takes exception at Mutton.
1662. J. Bargrave, Pope Alex. VII. (1867), 15. They took exceptions of the quality of Illustrissimo.
a. 1674. Clarendon, Hist. Reb., XII. (1704), III. 238. There were not two Persons … who did not take some exception to it.
a. 1703. Burkitt, On N. T., Mark ii. 12 (1739), 95/1. Observe, 4. The Exception which the Scribes took against our Saviour.
1715. T. Bennet, Ess. 39 Art., 215. The animadvertor’s stationer taketh exception, that I have printed all his book.
1822. Edin. Rev., No. 74. 361. We must, as good Presbyterians take an exception to … the assertion.
1855. Prescott, Philip II., iv. (1857), 60. Some of the more haughty of the aristocracy did take exception at his neglecting to raise his cap to them.
1868. G. Duff, Pol. Surv., 190. Exception has … been taken to these figures.
1382. Wyclif, Ecclus. xx. 24. Forsothe bi excepcioun of persone he shal leese hymself.
1607. Norden, Surv. Dial., Ep. to Rdr. A iv b. With the sweat of thy face thou shalt eate thy bread, all the dayes of thy life. And this without exception of persons.
