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‖ mandamus, n. Law.|mænˈdeɪməs|
[L. = ‘we command’, 1st pers. pl. pres. ind. of mandāre to command.]
A term ‘originally applied generically to a number of ancient writs, letters missive, or mandates, issued by the sovereign, directing the performance of certain acts’, but afterwards restricted to the judicial writ (called ‘the high prerogative writ of mandamus’) issued in the King's name from the Court of King's Bench (now, from the Crown side of the King's Bench Division of the High Court of Justice) and directed to an inferior court, a corporation, an officer, etc., commanding some specified thing to be done. ‘Its general object is to enforce the performance of some public duty in respect of which there is no other specific legal remedy’ (G. H. B. Kenrick in Encycl. Laws Eng. s.v.).
[1378Rolls of Parlt. III. 51/2, Par force d'un mandamus a lui directe.] 1535tr. Natura Brevium (1544) 171 b, There is fyue maners of enqueres ordeined after the death of the kynges tenaunte... The fyft is Mandamus, and that is after the yere. 1588Udall Diotrephes (Arb.) 27 Let no Colledge chuse his owne head, but let him haue a Mandamus, procured from the Queene. 1611Cotgr., Mandat, A Mandate, or Mandamus for the preferment of one to a Benefice. 1641Termes de la Ley 199 Mandamus is a Writ that goes to the Escheator for the finding of an office after the death of one that died the Kings Tenant. 1664J. Worthington Mede's Wks. Life (1672) 37 The Colledge had privy notice of a Stranger who had got a Mandamus for a Fellowship, either Fallen or Falling. 1672Manley Cowell's Interpr., Mandamus is also a Charge to the Sheriff, to take into the Kings hands all the Lands and Tenements of the Kings Widow, that against her Oath formerly given, marryeth without the Kings consent. 1736F. Drake Eboracum 185 The royal authority has frequently interposed, and constituted a mayor by a mandamus. 1865Morn. Star 3 Feb., You may find it necessary to apply to the Court of Queen's Bench for a mandamus against me. 1857Longfellow New Eng. Trag., Endicott iv. ii, Here is the King's Mandamus, taking from us..all power to punish Quakers.
fig.1775Sheridan St. Patr. Day ii. iv, Death's a debt; his mandamus binds all alike.
†b. attrib. = Appointed by a mandamus.
1687Luttrell Brief Rel. (1857) I. 421 The new mandamus fellowes [of Magdalen]. 1776J. Adams in Fam. Lett. (1876) 216 A Mandamus Counsellor of New Jersey. 1876Bancroft Hist. U.S. IV. iv. 339 Councillors, called mandamus councillors from their appointment by the crown.
Hence manˈdamus v. trans., to serve with a mandamus.
1823New Monthly Mag. VIII. 496 If I do not ferk you out of all likelihood of ringing the beauty, why mandamus me! 1886Daily Tel. 30 Mar. 5/3 Without waiting to be ‘mandamused’ the Vestry sent to the dust Contractor. |