[ad. L. contestātiōn-em, n. of action from contestārī: see CONTEST v. The senses are partly from L., ancient and mediæval, partly from F. contestation dispute, contest (late 16th c. in Littré). Cotgr., 1611, has
‘A contestation; a protestation, taking or calling to witnesse; also, a contesting, striuing, debating, reasoning, brabling about a matter: also a contestation against; a gainsaying, denying, or waging, of Law.’]
† I. 1. The action of calling or taking to witness, adjuration; solemn appeal or protest. Obs.
1548. Udall, etc., Erasm. Par., Pref. 4 b. With all kyndes of delusion and iuggleyng … of sophisticall learnyng, of holy contestacions.
1563–87. Foxe, A. & M. (1684), I. 40/1. Again … John spake unto him, and desired him in like manner and contestation as before.
1614. Raleigh, Hist. World, III. vi. 6. No intreatie, nor contestation would suffice to hold them together.
a. 1703. Burkitt, On N. T., Acts xxiii. 3. Ananias his insolent and injurious injunction, St. Paul’s zealous answer and contestation [‘God shall smite thee,’ etc.].
† 2. Solemn asseveration, or oath. Obs.
1614. T. Adams, Devil’s Banquet, 8. Hath he bound himselfe with the spels of diuellish contestations … not to eat or drinke till he hath killed Paul?
1618. Mynshul, Ess. Prison, Jaylors, 31. Any oath or contestation of the worthiest Gentleman.
† b. Confirmation by oath or testimony, conjoint attestation. Obs.
1586. Ferne, Blaz. Gentrie, 78. Let the gentleman subscribe his name, next after the Bishop … in the contestation of any instrument or solemne acte.
1642. Jer. Taylor, Episc., xli. (1647), 291. But this is too known, to need a contestation.
II. 3. See LITISCONTESTATION.
1622. Malynes, Anc. Law-Merch., 469. That after the contestation of the suit, there be no matter of any dilatorie exceptions alledged to hinder the proceedings.
[1875. Poste, Gaius, III. (ed. 2), 445. Contestation is when both parties exclaim, ‘Give your attestation.’ It marks the definitive settlement of the issue to be tried.]
4. Disputation or controversy, as between parties at law; verbal contention; keen argumentation.
1580. North, Plutarch (1676), 974. Being weary with the contestations of certain Pleaders, he [Augustus] went in choler out of his Seat.
1657. Earl Monm., trans. Paruta’s Pol. Disc., 94. They were still at contestation between themselves.
1682. Dryden, Relig. Laici, Pref. (Globe), 187. That Belief was drawn up after a long contestation with Arius.
1741. Middleton, Cicero, II. vii. (ed. 3), 214. This counsil prevailed after many warm contestations.
1861. Sat. Rev., 21 Sept., 305. One or two of the witnesses speak of the subject of contestation as certain Spiegeln (mirrors) which Guttenberg was desirous of producing.
5. The action of struggling together as adversaries; contention, conflict, contest.
1606. Shaks., Ant. & Cl., II. ii. 43. Your Wife and Brother Made warres vpon me, and their contestation Was Theame for you.
1633. T. Adams, Exp. 2 Peter, iii. 10. Fire and water Cannot meet without a hissing contestation.
1647. May, Hist. Parl., III. iv. 82. The fortune of Warre … had been Very various, and daily contestations happened.
1816. F. H. Naylor, Hist. Germany, I. II. xv. 716. The few sources of sustenance … became objects of daily contestation.
6. Competition; emulation, rivalry. (Now Sc.)
1603. Holland, Plutarch’s Mor., 332. The king of the Aethiopians is entred into contestation and contention with me, as touching wisedome [ἔχει πρὸς ἐμὲ σοφίας ἅμιλλαν].
1651. Hobbes, Govt. & Soc., v. § 5. 77. Among [men] there is a contestation of honour and preferment … whence hatred and envy.
1876. Grant, Burgh Sch. Scotl., II. vi. 230. Corporations, who [1650–1750] adopted not ‘contestation’ for determining the merits of candidates.
1885. Ogilvie’s Imp. Dict., s.v., The appointment was made by public contestation.
7. The contesting or disputing (of a point, claim, etc.). In contestation: in dispute.
1638. Chillingw., Relig. Prot., I. Pref. § 41. So farre as concernes the points in contestation.
1698. Sidney, Disc. Govt. (1704), 379. No Rule can be so exact, to make provision against all contestations.
1840. Mill, Diss. & Disc., Th. Vision (1859), II. 84. This apparent paradox was no sooner published than it took its place, almost without contestation, among established opinions.
1868. Seyd, Bullion, 2. There are not many of them open to contestation.
8. An assertion contended for; a contention.
1880. Fortn. Rev., April, 522. The Austrian contestation has never ceased to be that the people of Bosnia and Herzegovina are not ripe for self government.
1884. Ld. Watson, in Law Rep., 9 Appeal Cases 76. The appellant’s contestation upon this point is untenable.
