| 释义 |
‖ nisi prius Law.|ˈnaɪsaɪ ˈpraɪəs|
Also 8 nisi prise.
[L. nisi prius, unless previously. The significance of the phrase is thus explained by Blackstone, Comm. (1768) III. 59:
‘All causes commenced in the courts of Westminster-hall are by the course of the courts appointed to be there tried, on a day fixed in some Easter or Michaelmas term, by a jury returned from the county, wherein the cause of action arises; but with this proviso, nisi prius justitiarii ad assisas capiendas venerint; unless before the day prefixed the judges of assise come into the county in question.’
In the second statute of Westminster (1285) §30, by which the system was instituted, only the word nisi is used. The following is an early example of the full phrase:—
1297Coram Rege Roll m. 5 dorso (1898) 30 Ideo Vicecomes habeat corpora omnium coram Rege ad prefatum terminum &c. Nisi prius R. le Brabanzon vel G. de Roubyr' vel eorum alter si prius ad partes illas &c.]
1. A writ directed to a sheriff commanding him to provide a jury at the Court of Westminster on a certain day, unless the judges of assize previously come to the county.
[1347–48Rolls of Parlt. II. 214/1 William de Thorp & ses Compaignons ne voillent granter le Nisi prius saunz garaunt de Graunt Seal. Ibid., De grantier Brief de Nisi prius. 1443–44Durh. Acct. Rolls 185 Quoddam breve vocatum Nisi prius.] 1495Act 11 Hen. VII c. 24 §4 Nisi prius shalbe graunted by discrecion of the Justices upon the distres. 1535Fitzherbert's Natura Brev. (1544) 183 b, A wryt of Nisi prius... This wryt is Judycyall and lyeth in case when thenquest is panel and retourned afore the Justices of y⊇ banke. 1596Bacon Max. & Use Com. Law i. (1630) 24 Of which words the writ is called a Nisi prius.
b. The clause, in such a writ, which is introduced by these words.
1543–4Act 35 Hen. VIII c. 6 §2 Everie firste Writte of habeas corpora or distringas with a Nysi Prius delivered of Recorde to the Sherief. 1768Blackstone Comm. III. 353 Therefore it was enacted by statute Westm. 2..that a clause of nisi prius should be inserted in all the aforesaid writs of venire facias.
c. The authority or commission to try causes conferred by this clause on justices of assize.
1596Bacon Max. & Use Com. Law i. (1630) 24 The Judges..by their Commission of Nisi prius have authority [etc.]. 1768Blackstone Comm. III. 59 The..authority..of nisi prius, which is a consequence of the commission of assise.
2. An action tried under a writ of this kind.
[1347Rolls of Parlt. II. 195/1 Sur quoy le dit Priour..ad suy plusours Nisi prius devant mons' William de Shareshull & autres Justices.] 1468Plumpton Corr. (Camden) 18 As touching your nisi prius against Fulbaron. 1498–9Ibid. 134, I understand William Babthorp will have a nisi prius at this next assizes. 1533Cromwell in Merriman Life & Lett. (1902) I. 359 The tryall of the saide Nisiprius. 1596Bacon Max. & Use Com. Law i. (1630) 23 These Nisi Prius happen in this sort. 1607Middleton Phœnix ii. iii. F 2 b, Take heede I bring you not to a Nisi prius, sir. 1714Gay What d'ye call it i. i, You ruined my poor Uncle at the Sizes, And made him pay nine Pounds for Nisiprises. 1748Smollett Rod. Rand. liv, He had suffered a nisi prius through the obstinacy of the defendant.
3. The trial or hearing of civil causes by the judges of assize; court-business of this kind. Hence cause, court, justice, etc., of nisi prius.
[1347Rolls of Parlt. II. 186/2 En quel suite Sire Alayn de Asch', Baron de la dit Escheqer, si ad este deux feitz per le Nisi Prius a Seint Martin graunt.] 1543–4Act 35 Hen. VIII c. 6, An Acte concerninge thapparaunce of Jurors in the Nisi Prius. 1585in Ellis Orig. Lett. Ser. iii. IV. 57 The Lordes Chief Justices of either Benche do twise a weeke attend upon Nisi Prius for London and Middlesex. 1596Bacon Max. & Use Com. Law i. (1630) 23 A Commission to take Nisi Prius directed to none but to the Judges themselues and their Clerkes of Assizes. 1679Trials Green, etc. for Murder of Sir E. Godfrey 87 No Brother, I am to sit at Nisi prius this Afternoon, and 'tis time we broke up the Court. 1709London Gaz. No. 4508/3 A Postea, or Record of Nisi Prius, between Morris, Plaintiff, and Jordan, Defendant. 1793Chron. in Ann. Reg. 13/1 The commission for opening the assizes..for the trying of criminals, hearing causes of Nisi prius and for a general gaol delivery. 1840Penny Cycl. XVI. 241/1 The judges of assize..when sitting alone to try causes..are said to be sitting at Nisi Prius. 1865Daily Tel. 24 Aug., The learned serjeant drew an affecting picture, in the true style of nisi prius, of the happy results which would flow from the training ship. 1889Grattan Memory's Harkback 135 Thus his legal life had been passed in Nisi Prius—he was quite a stranger to Chancery practice.
4. attrib. as nisi prius clause, nisi prius court, nisi prius glory, nisi prius laugh, nisi prius-office (1708), nisi prius record, nisi prius sitting.
1845Encycl. Metrop XXI. 190/1 In Trials at Bar, which are actually conducted in the Court at Westminster, the *Nisi Prius clause is omitted.
a1734North Exam. i. ii. §118 (1740) 94 The *Nisiprius Courts, for Civil Trials. 1867Hampshire Chron. 9 Mar., This case concluded the business of the Nisi Prius Court.
1852Disraeli Ld. G. Bentinck 277 Scarlett himself in the days of his *nisi prius glory had never shown more adroitness.
1841Lever C. O'Malley lxviii, A cunning leer of his eye, and a certain *nisi-prius laugh.
1848Wharton Law Lex., *Nisi prius record, an instrument in the nature of a commission to the Judges at nisi prius for the trial of a cause.
1864Chamb. Encycl. VI. 777/1 The *nisi prius sittings are the jury sittings. |