praecipe in capiten.

Brit.

/ˈpriːsᵻpɪ ɪn ˈkapɪteɪ/, U.S.

/ˈprisəpi ɪn ˈkæpəˌteɪ/

Forms: 1500s 1900s– precipe in capite, 1600s– praecipe in capite.

Origin: A borrowing from Latin. Etymon: Latin praecipe in capite.

Etymology: < post-classical Latin praecipe in capite, name of the writ (1225, c1258, 1299 in British sources) < classical Latin praecipe (see praecipe n.) + in (see in prep.) + capite , ablative of caput head (see caput n.). Compare praecipe n. and praecipe quod reddat n.

Law. Now historical.

A writ of right issued for a tenant holding land of the monarch in chief.

ΘΚΠ

society > law > administration of justice > process, writ, warrant, or order > [noun] > writ > other types of writ

utrumc1290

quo warrantoa1325

writ of right closea1325

writ of oyer and terminer1414

writ of right1414

quare impedit?a1424

prohibition?1435

praecipec1440

supplicavita1450

replevy1451

ouster-le-main1485

praecipe in capitec1523

value1527

inhibition1532

rehabilitation1533

melius inquirendum1549

ne exeat regnum1559

quo minus1592

letters (or writ) of supplementc1600

inhibition1603

fair pleading1607

ingressu1607

ne exeat regno1607

account1622

associationa1625

ship-writ1640

cessavit1641

ne exeat1644

devastavit1651

right close1651

writ of second deliverance1652

fair pleader1655

beaupleader1700

proclamation writ1713

writ of inquiry1809

writ of intendence and respondence1881

c1523 J. Rastell Expos. Terminorum Legum Anglorum (at cited word) Precipe in capite is a writ and it lyeth where the tenaunt holdyth of his lord in chefe as of hys crowne and is deuorsyd..than he shall haue this writ.

1535 tr. Natura Breuium (1544) 15 This wrytte of ryghte, Precipe in capite, lyeth for the tenaunt whiche holdeth of the kynge in chefe, as of his crowne, whiche tenaunte is deforced.

1607 J. Cowell Interpreter sig. Ddd1^v/2 Præcipe quod reddat, is a writ of great diuersitie..it is called sometime a writ of Right close, as a præcipe in capite, when it issueth out of the court of common plees for a tenent holding of the King in cheife, as of his Crowne, and not of the King, as of any honour, castell or maner.

1768 W. Blackstone Comm. Laws Eng. III. x.195 His writ of right is called a writ of præcipe in capite.

1894 L. O. Pike Constit. Hist. House of Lords 171 This writ, known in later times as Praecipe in capite, was the Writ of Right applicable to a tenant in chief of the Crown as distinguished from an undertenant owing suit to the Court of his Lord.

1975 A. W. B. Simpson Hist. Comm. Law of Contract i. ii. 75 Pollock and Maitland put forward a somewhat similar interpretation, and laid particular stress upon the similarity between the early action of debt and the action praecipe in capite to recover land.

1993 H. L. MacQueen Comm. Law & Feudal Soc. in Medieval Scotl. 190 After Magna Carta, the tenant-in-chief used a writ called the precipe in capite, so described because it made clear that no lord was being deprived of his court, by mentioning that the claim was to hold in chief.

This entry has been updated (OED Third Edition, December 2006; most recently modified version published online March 2022).

单词	praecipe in capite
释义	praecipe in capiten. Brit. /ˈpriːsᵻpɪ ɪn ˈkapɪteɪ/, U.S. /ˈprisəpi ɪn ˈkæpəˌteɪ/ Forms: 1500s 1900s– precipe in capite, 1600s– praecipe in capite. Origin: A borrowing from Latin. Etymon: Latin praecipe in capite. Etymology: < post-classical Latin praecipe in capite, name of the writ (1225, c1258, 1299 in British sources) < classical Latin praecipe (see praecipe n.) + in (see in prep.) + capite , ablative of caput head (see caput n.). Compare praecipe n. and praecipe quod reddat n. Law. Now historical. A writ of right issued for a tenant holding land of the monarch in chief. ΘΚΠ society > law > administration of justice > process, writ, warrant, or order > [noun] > writ > other types of writ utrumc1290 quo warrantoa1325 writ of right closea1325 writ of oyer and terminer1414 writ of right1414 quare impedit?a1424 prohibition?1435 praecipec1440 supplicavita1450 replevy1451 ouster-le-main1485 praecipe in capitec1523 value1527 inhibition1532 rehabilitation1533 melius inquirendum1549 ne exeat regnum1559 quo minus1592 letters (or writ) of supplementc1600 inhibition1603 fair pleading1607 ingressu1607 ne exeat regno1607 account1622 associationa1625 ship-writ1640 cessavit1641 ne exeat1644 devastavit1651 right close1651 writ of second deliverance1652 fair pleader1655 beaupleader1700 proclamation writ1713 writ of inquiry1809 writ of intendence and respondence1881 c1523 J. Rastell Expos. Terminorum Legum Anglorum (at cited word) Precipe in capite is a writ and it lyeth where the tenaunt holdyth of his lord in chefe as of hys crowne and is deuorsyd..than he shall haue this writ. 1535 tr. Natura Breuium (1544) 15 This wrytte of ryghte, Precipe in capite, lyeth for the tenaunt whiche holdeth of the kynge in chefe, as of his crowne, whiche tenaunte is deforced. 1607 J. Cowell Interpreter sig. Ddd1^v/2 Præcipe quod reddat, is a writ of great diuersitie..it is called sometime a writ of Right close, as a præcipe in capite, when it issueth out of the court of common plees for a tenent holding of the King in cheife, as of his Crowne, and not of the King, as of any honour, castell or maner. 1768 W. Blackstone Comm. Laws Eng. III. x.195 His writ of right is called a writ of præcipe in capite. 1894 L. O. Pike Constit. Hist. House of Lords 171 This writ, known in later times as Praecipe in capite, was the Writ of Right applicable to a tenant in chief of the Crown as distinguished from an undertenant owing suit to the Court of his Lord. 1975 A. W. B. Simpson Hist. Comm. Law of Contract i. ii. 75 Pollock and Maitland put forward a somewhat similar interpretation, and laid particular stress upon the similarity between the early action of debt and the action praecipe in capite to recover land. 1993 H. L. MacQueen Comm. Law & Feudal Soc. in Medieval Scotl. 190 After Magna Carta, the tenant-in-chief used a writ called the precipe in capite, so described because it made clear that no lord was being deprived of his court, by mentioning that the claim was to hold in chief. This entry has been updated (OED Third Edition, December 2006; most recently modified version published online March 2022). < n.c1523
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