Note 442 — Chapter XX · THE LAW OF PROPERTY.

The term prescription (praescriptio) has its origin in Roman law. It meant originally a particular part of the formula or written pleadings in a law suit—that portion, namely, which was written first (praescriptum) by way of a preliminary objection on the part of the defendant. Praescriptio fori, for example, meant a preliminary plea to the jurisdiction of the court. So praescriptio longi temporis was a plea that the claim of the plaintiff was barred by lapse of time. Hence, by way of abbreviation and metonymy (other forms of prescription being forgotten) prescription in the modern sense.