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Origin and history of subpoena

subpoena(n.)

"legal writ or process commanding appearance in a court of justice, under threat of punishment, of the person on whom it is served," early 15c., sub pena, from Medieval Latin sub poena "under penalty," the first words of the writ commanding the presence of someone under penalty of failure, from Latin sub "under" (see sub-) + poena, ablative of poena "penalty" (see penal).

The verb is attested from 1630s, "serve with a writ of subpoena." Related: Subpoenaed; subpoenaing; subpoenal.

Entries linking to subpoena

"of or pertaining to punishment by law," mid-15c., from Old French peinal (12c., Modern French pénal) and directly from Medieval Latin penalis, from Latin poenalis "pertaining to punishment," from poena "punishment," from Greek poinē "blood-money, fine, penalty, punishment," from PIE *kwoina, from root *kwei- "to pay, atone, compensate" (source also of Greek timē "price, worth, honor, esteem, respect," tinein "to pay a price, punish, take vengeance;" Sanskrit cinoti "observes, notes;" Avestan kaena "punishment, vengeance;" Old Church Slavonic cena "honor, price;" Lithuanian kaina "value, price").

word-forming element of Latin origin meaning "under, beneath; behind; from under; resulting from further division," from Latin preposition sub "under, below, beneath, at the foot of," also "close to, up to, towards;" of time, "within, during;" figuratively "subject to, in the power of;" also "a little, somewhat" (as in sub-horridus "somewhat rough"), from PIE *(s)up- (perhaps representing *ex-upo-), a variant form of the root *upo "under," also "up from under," which also yielded Greek hypo- and English up.

The Latin word also was used in Latin as a prefix and in various combinations. In Latin it was reduced to su- before -s- and assimilated to following -c-, -f-, -g-, -p-, and often -r- and -m-.

In Old French the prefix appears in the full Latin form only "in learned adoptions of old Latin compounds" [OED], and in popular use it was represented by sous-, sou-; as in French souvenir from Latin subvenire, souscrire (Old French souzescrire) from subscribere, etc.

The original meaning is now obscure in many words from Latin (suggest, suspect, subject, etc.). The prefix is active in Modern English; the indication generally being:

1. "under, beneath, at the bottom of;" in adverbs "down, low, lower;"

2. "inferior part, agent, division, or degree; inferior, having subordinate position" (subcontractor) also forming official titles (subaltern);

It also can indicate "division into parts or sections;" "next below, near, close to" (subantarctic); "smaller" (sub-giant); and it may be used generally as "somewhat, partial, incomplete" (subliterate).

Proto-Indo-European root meaning "under," also "up from under," hence "over."

It might form all or part of: above; assume; Aufklarung; eave; eavesdropper; hyphen; hypo-; hypochondria; hypocrisy; hypotenuse; hypothalamus; hypothesis; hypsi-; hypso-; opal; open; oft; often; resuscitate; somber; souffle; source; soutane; souvenir; sub-; subject; sublime; subpoena; substance; subterfuge; subtle; suburb; succeed; succinct; succor; succubus; succumb; sudden; suffer; sufficient; suffix; suffrage; suggestion; summon; supine; supple; supply; support; suppose; surge; suspect; suspend; sustain; up; up-; Upanishad; uproar; valet; varlet; vassal.

It might also be the source of: Sanskrit upa "near, under, up to, on," Greek hypo "under," Latin sub "under, below," Gothic iup, Old Norse, Old English upp "up, upward," Hittite up-zi "rises."

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    Trends of subpoena

    adapted from books.google.com/ngrams/ with a 7-year moving average; ngrams are probably unreliable.

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