Precipe
Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879
Dictionary of Terms and Phrases Used in American or English Jurisprudence
Command.
A paper containing the particulars of a writ, filed in the office out of which the writ is to be issued, as the direction and instructions to the officer who issues the writ. The term was also used, by abbreviation from prcecipe quod reddat, as the name of an original writ in the alternative, commanding the defendant to do the thing required, or show the reason why he has not done it, drawn up in the form of a prcecipe, or command, to do something, or show cause to the contrary, giving the defendant his choice to redress the injury or stand the suit. Prcecipe signifies an original writ in the alternative, commanding the defendant to do the thing required, or to show his reason for not doing it. This writ was used when something certain was demanded by the plaintifiE which it was incumbent on the defendant himself to perform; as to restore the possession of land, to pay a certain liquidated debt, to perform a specific covenant, and the like. The word prcecipe is now commonly used for a sort of abstract of a writ of summons, or capias, which is made out on a s Up of paper, and delivered to the signer of the writs, at the time of issuing them, and from which abstract or memorandum that officer makes his entry in the book kept for that purpose. Brawn. Praecipe in capite. When one of the king's immediate tenants in capite was deforced, his writ of right was called a writ of prcecipe in capite. Brown. Praecipe quod reddat. Command that he render. The emphatic words of an original writ, in common-law practice, commanding the person named to do a certain thing, or to show cause why he has not done it. The phrase is taken for a name of the writ; or, more frequently, the writ was simply termed a prcecipe, q. v. PR^DICTUS.
Aforesaid.
Frequently abbreviated to prced., ovprcedict. Of the three words, idem, prcedictus, and prcefalus, — all corresponding with the English said and aforesaid, — idem tsnants, places, towns, or lands; and prmfatus to persons named, not being actors or parties. (Towns. PL 15.) Burrill.