| 释义 |
▪ I. ‖ subpœna, n. Law.|səbˈpiːnə, səˈpiːnə|
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. ‖ 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.
1422–61in Cal. Proc. Chanc. Q. Eliz. (1827) I. Introd. 19 Graunte to the seid suppliant a writ sub pena direct to the seid Thomas. 1482Rolls of Parlt. VI. 208/1 To graunte as many Writts of Sub pena out of the Court of Chauncerie. a1517in Scrope Castle Combe (1852) 294 A suppena brought agaynse me by hys false surmyse. 1543tr. Act 15 Hen. VI, c. 4 For asmoche as dyuers persons haue before this tyme ben greatly greued by wryttes of sub pena. 1623in New Shaks. Soc. Trans. (1885) 499 His Mati⊇s most gracious writt of Subpœna directed to the said James Baskervile..and also to Susann Baskervile..comaunding them..to..appeare..in his Mati⊇s high court of Chauncery. 1768Blackstone 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. 1818Cruise Digest (ed. 2) I. 392. 1875 Digby Real Prop. vi. (1876) 286.
2. a. A writ issued from a court of justice commanding the presence of a witness under a penalty for failure.
1467R. Calle Let. to Sir J. Paston 3 Apr., He woll not come withoute he have a suppena. c1550Wyll of Deuill (? 1825) B 4 b, A Bouget too put their Sup penas in, to cracke the poore men with all in the countrey. a1613Overbury Characters, Country Gentl. Wks. (1856) 64 Nothing under a sub pœna can draw him to London. 1673in Canterbury Press (1884) 26 Jan. 7/3 For a sowpinee For the witeneses 030. 1746Francis tr. Hor., Sat. i. ii. 13 By subpœnas dragg'd from home. 1818Scott Hrt. Midl. xix, The worthy magistrate..had caused the ordinary citation, or subpœna, of the Scottish criminal court, to be served upon her. 1837Dickens Pickw. xxxi, It's only a subpœna in Bardell and Pickwick.
b. attrib. in subpœna office.
1688Holme Armoury iii. iii. 63/1 Officers belonging to the High Court of Chancery... The Clerk of the Subpena Office. 1797Jacob's Law Dict. (ed. 10) s.v., The proper clerks of the Subpœna Office.
c. In Lat. phrases: subpœna ad testificandum [L., in order to testify], subpœna duces tecum [duces tecum] (see quot. 1980).
1768Blackstone Comm. III. xxiii. 382 In the hands of third persons they [sc. books and papers belonging to the parties] can generally be obtained by rule of court, or by adding a clause of requisition to the writ of subpoena, which is then called a subpoena duces tecum. 1808E. H. East Rep. IX. 476 The precedents of the common subpœna ad testificandum are scarcely more ancient than that of the subpœna duces tecum. 1891Weekly Notes 12 Dec. 195/1 This was a motion..to set aside a writ of subpœna duces tecum. 1909Law Jrnl. Rep. King's Bench Div. LXXVIII. 120/2 This case must not be taken as a precedent for any supposed rule that a person summoned on subpœna ad testificandum may get it set aside by swearing that he can give no relevant evidence. 1944All England Law Reports (1945) I. 274 The party on whose behalf the motion is made has been required by a subpœna ad testificandum and duces tecum to appear before the district auditor. 1965Annual Practice I. 881 Any party in any cause or matter may by subpœna ad testificandum or duces tecum require the attendance of any witness before an officer of the Court. 1980Oxf. Compan. Law 1195/1 It [sc. a subpœna] takes two forms, subpoena ad testificandum, when the recipient is called to give evidence, and subpoena duces tecum, when he is required to bring documents or papers relevant to the controversy for examination by the court.
3. fig.
1593Tell-Trothe's N.Y. Gift (1876) 36 What a cheape subpena is this to drawe an answere from the conscience. 1635Shirley 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. 1649W. M. Wand. Jew (1857) 48 Shee serves me still with Subpœna upon Subpœna to answer to the Intergatories of her cruelty. 1906Hibbert Jrnl. Jan. 265 That authority..is necessarily open to the challenge of criticism, liable to a subpœna before the higher bar of reason.
▪ II. ‖ subˈpœna, v. Law.
Also 7 subpœne.
[f. prec.]
trans. To serve with a writ of subpœna; to summon as a witness in a court of justice. (Chiefly in pa. pple.)
1640in Rushw. Hist. Coll. (1692) iii. I. 81 One Walker, and Cadwallader Powel,..subpœned to be made Defendants in a Third Information put into the High Court of Star-Chamber. 1693Humours Town 6 My Cousin, here, and I, being subpœna'd up for Witnesses. 1710P. Blair Misc. Observ. (1718) 66 The Physicians and Surgeons (being subpena'd as Evidences against him). 1755Gentl. Mag. XXV. 329 The witnesses subpæna'd by the crown amounted to above 100. 1858Lytton What will He do? vii. vii, He would not even subpœna any of his old friends as to his general character. 1875M. E. Braddon Strange World xi, Elgood and his daughter were both subpœnaed for the adjourned inquest. 1884Harper's Mag. June 57/1 Other merchants may be subpœnaed to act as mercantile experts at the examination.
transf.1755Chesterfield in World No. 151 ⁋1, I was lately subpœnaed, by a card, to a general assembly. |