Law. Forms: 5–6 suppena, 5–7 subpena, 6 supenea, 6 subpene, 7 sowpinee, 8 supœna, 6– subpœna. [law-L., = L. sub pœnā under a penalty (cf. ǁ SUB 11), being the first words of the writ.]
1. A writ issued by chancery commanding the presence of a defendant to answer the matter alleged against him. Also writ of subpœna.
1422–61. in Cal. Proc. Chanc. Q. Eliz. (1827), I. Introd. 19. Graunte to the seid suppliant a writ sub pena direct to the seid Thomas.
1482. Rolls of Parlt., VI. 208/1. To graunte as many Writts of Sub pena out of the Court of Chauncerie.
a. 1517. in Scrope, Castle Combe (1852), 294. A suppena brought agaynse me by hys false surmyse.
1543. trans. Act 15 Hen. VI., c. 4. For asmoche as dyuers persons haue before this tyme ben greatly greued by wryttes of sub pena.
1623. in New Shaks. Soc. Trans. (1885), 499. His Maties most gracious writt of Subpœna directed to the said James Baskervile … and also to Susann Baskervile … comaunding them … to … appeare … in his Maties high court of Chauncery.
1768. Blackstone, Comm., III. xxvii. 443. Upon common bills, as soon as they are filed, process of subpoena is taken out; which is a writ commanding the defendant to appear and answer to the bill, on pain of 100l.
1818. Cruise, Digest (ed. 2), I. 392.
1875. Digby, Real Prop., vi. (1876), 286.
2. A writ issued from a court of justice commanding the presence of a witness under a penalty for failure.
1467. R. Calle, Lett. to Sir J. Paston, 3 April. He woll not come withoute he have a suppena.
c. 1550. Wyll of Deuill (? 1825), B 4 b. A Bouget too put their Sup penas in, to cracke the poore men with all in the countrey.
a. 1613. Overbury, Characters, Country Gentl., Wks. (1856), 64. Nothing under sub pœna can draw him to London.
1673. in Canterbury Press (1884), 26 Jan., 7/3. For a sowpinee For the witeneses 0 3 0.
1746. Francis, trans. Hor., Sat., I. ii. 13. By subpœnas dragg’d from home.
1818. Scott, Hrt. Midl., xix. The worthy magistrate … had caused the ordinary citation, or subpœna, of the Scottish criminal court, to be served upon her.
1837. Dickens, Pickw., xxxi. It’s only a subpœna in Bardell and Pickwick.
b. attrib. in subpœna office.
1688. R. Holme, Armoury, III. iii. 63/1. Officers belonging to the High Court of Chancery…. The Clerk of the Subpena Office.
1797. Jacob’s Law Dict. (ed. 10), s.v., The proper clerks of the Subpœna Office.
1593. Tell-Trothe’s N. Y. Gift (1876), 36. What a cheape subpena is this to drawe an answere from the conscience.
1635. Shirley, Lady Pleas., I. (1637), B 2 b. To which appeare, As to the Court of Pleasure, all your gallants, And Ladies thither bound by a Subpena Of Venus.
1649. W. M., Wand. Jew (1857), 48. Shee serves me still with Subpœna upon Subpœna to answer to the Intergatories of her cruelty.
1906. Hibbert Jrnl., Jan., 265. That authority … is necessarily open to the challenge of criticism, liable to a subpœna before the higher bar of reason.
