a. and sb. [ad. L. ex(s)ecūtōri-us, f. ex(s)ecūtor: see EXECUTOR and -ORY. Cf. F. exécutoire.]
A. adj.
1. Of or pertaining to the execution or carrying out of a command, decree, law, instructions, etc.
1658–9. Burton’s Diary (1828), III. 158. The question is only executory, not declarative; only as a direction to your Committee.
1706. Bp. of Lincoln, Charge, 19. This Constitution … was … only an Executory Declaration of the Ancient Ecclesiastical Law.
a. 1734. North, Exam., III. vii. § 30 (1740), 524. The Contrivance at last came out of a Gray’s Inn Cabal, as the Persons, active in the executory Part, make plain.
1790. Burke, Fr. Rev., 294. What sort of person is a king to command executory service, who has no means whatsoever to reward it?
1857. Gladstone, Glean., VI. xl. 27. The machinery for applying our principles to executory details is very weak and very imperfect.
b. Of a law, etc.: In execution or operation; in force, of force, operative.
1483. Act 1 Richard III., c. 6 § 4. The aforesaid Ordinance [shall] … be executory from the Feast of the Annunciation … perpetually after to endure.
1649. Selden, Laws Eng., II. xxviii. (1739), 131. A Law, that was executory all the days of Henry Eighth.
1791. St. Papers, in Ann. Reg., 139*. Their decrees are rendered executory without requiring sanction.
1882. Manch. Guardian, 21 July, 5/1. The Canal Convention, which as far as France is concerned, is only executory after the Chamber has ratified it.
1885. Pall Mall Gaz., 13 May, 7/2. An action on the judgment may be brought here, and if the court sees in it nothing contrary to French law it may be declared executory without going into the merits.
2. Concerned or charged with the execution of a command, decree, law, etc.; = EXECUTIVE A. 3.
1649. Selden, Laws Eng., I. liv. (1739), 95. The power of Militia is either the Legislative or Executory power.
1796. Burke, Corr. (1844), IV. 414. As far as I know anything of Mr. Dundas’s office, it is merely executory.
1829. Blackw. Mag., XXV. 43. The Lord Lieutenant and the Secretary were cut down … into mere executory agents of the British Government.
1858. Gladstone, Homer, II. 128. The lower and executory parts of each of these functions … are taken up … by deities far inferior to her.
3. Law. Of acts or dispositions: Designed to take or capable of taking full effect only at a future time. Opposed to Executed.
1592. West, 1st Pt. Symbol., § 44 C. Also euerie estate is either executed maintenant, or executorie by limitation of vse.
1670. Blount, Law Dict., s.v. Agreement, The third is … Executory, in regard the thing is to be done afterwards.
1767. Blackstone, Comm., II. xxx. 443. A contract … may be executory, as if they agree to change [horses] next week.
1818. Colebrooke, Treat. Obligations & Contracts, I. 16. An executory contract or agreement is one which is to be subsequently fulfilled.
1827. J. Powell, Devises, II. 203. The terms of the executory trust seemed to import that no conveyance was to be made to J. until the death of the wife.
1876. Digby, Real Prop., vii. 328. Devises of future interests in land, or, as they were called, executory devises.
† 4. Of or pertaining to an executor or to his duties; = EXECUTORIAL. Obs. rare–1.
1560. in Spottiswood, Hist. Ch. Scot. (1677), III. 164. The Rector … of the University must be exempted from all … burdens that may abstract them from attending the youth, such as Tutory, Curatory, Executory, and the like.
B. sb.
† 1. = EXECUTORSHIP, EXECUTRY. Obs. rare–1.
1496. Dives & Paup. (W. de W.), IX. vi. 355/2. Them that have mysgoten them by myspurchace, or by withholdynge of dette, or by false executorye.
2. An executive body (see EXECUTIVE B. 2).
1868. W. T. Thornton, in Fortn. Rev., May, 521. Unionist executories have all the requisite capacity for practising the compulsion with which current belief charges them.
