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Bouvier's Law Dictionary, Revised 6th Edition (1856)

SUBPOENA, chancery practice. A mandatory writ or process, directed to and
requiring one or more persons to appear at a time to come, and answer the
matters charged against him or them; the writ of subpoena was originally a
process in the courts of common law, to enforce the attendance of a witness
to give evidence; but this writ was used in the court of chancery for the
game purpose as a citation in the courts of civil and canon law, to compel
the appearance of a defendant, and to oblige him to answer upon oath the
allegations of the plaintiff.
2. This writ was invented by John Waltham, bishop of Salisbury, and
chancellor to Rich. II. under the authority of the statutes of Westminster
2, and 13 Edw. I. c. 34, which enabled him to devise new writs. 1 Harr.
Prac. 154; Cruise, Dig. t. 11, c. 1, sect. 12-17. Vide Vin. Ab. h.t.; 1
Swanst. Rep. 209.


SUBPOENA, practice, evidence. A process to cause a witness to appear and
give testimony, commanding him to lay aside all pretences and excuses, and
appear before a court or magistrate therein named, at a time therein
mentioned, to testify for the party named, under a penalty therein
mentioned. This is usually called a subpoena ad testificandum.
2. On proof of service of a subpoena upon the witness, and that he, is
material, an attachment way be issued against him for a contempt, if he
neglect to attend as commanded.

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