Middle English Dictionary Entry
sub-pēna n.
Entry Info
| Forms | sub-pēna n. Also suppena. |
| Etymology | From AL sub penā, the first words of the writ. |
Definitions (Senses and Subsenses)
1.
Law (a) A writ compelling, under threat of punishment, the appearance of a party in a dispute before the court of chancery; ?also, a writ compelling a defendant to comply with an official ruling [quot. 1470]; writ (of) ~; (b) a writ compelling the appearance of a witness at court.
Associated quotations
a
- (1422-61) Proc.Chanc.in Cal.PCEliz.1.p.xix : Thomas Dacy..the..landes wrongfully..withholdith fro the seide suppliant..graunte to the seid suppliant a writ sub pena direct to the seid Thomas to apere before..Chauncellarie..upon a grete peyne levable to the use of oure soverayn Lord the Kyng.
- (?1432) Pet.Chanc.in Seld.Soc.10129 : Graunt your forseid bedwoman that she may haue of the Chaunceller of Englond a writ that is called sub pena direct to the forseid Adam to be byfore the forseid Chaunceller..to answere to the cause aforseid.
- (c1435) Contract in OSSLH 4185 : To..the bysshop of Bathe, chaunceller of England..Please hit unto your good grace to graunt a writte sub pena direct to the said William..to a piere a fore your graciouse presence.
- (c1444) Paston2.12 : Yisterday delyuered I your writte sub pena in þe Chauncery to þe Maister of þe Rolles.
- (1461-2) Paston (EETS)1.102 : Please your..lordship to direct seuerall writtes of sub pena to the seid William and William, chargyng hem..vpon a peyne conuenient to appere before your lordship in the Chauncery at a certeyn day be your lordship to be limityd, to answer to these premisses.
- (?1466) Stonor1.74 : The seyde Richard..untruly by hym brougte up Frend by a suppena and the party not pryvy, and than withowte cause axyd Suryte of pees, [etc.].
- (1469-70) in Albertson Lond.Merch.81 : May please your saide lordship to graunte a writte of Sub pena anenst þe said Robert, Commaunding hym to appere before þe kyng in þe Chauncerie, [etc.].
- (1470) Paston (EETS)1.421 : The seid reuerend fader graunteth to doo his effectuell deuoure to cause William Paston to make dymyss of his estat of fee theryn..and that by sub pena if the case require.
- (1472) Paston (EETS)1.581 : Richard Calle..hathe geuyn hym a pleyn answer þat he wyll not seale to the lease..I wold be sory to delyuer hym a subpena and ye sent it me.
- (a1475) Contract in OSSLH 4208 : Plese hit your..lordshipp..to considre..hou your said besecher may have noo remedy as by the comon lawe, to graunt a writ of sub pena direct unto the said Johane to apere be fore the kyng in his Chauncerye at a certeyn day.
b
- (1467) Paston (EETS)2.380 : He seyth largely þat..he knoweth the mater as weele as any man..neuertheles I haue so mevyd hym þat withoute ther come a suppena for hym he woll not come..It is hard to truste hym; It were weele doo if ther were no suppena out for hym.