nisi priusn.

Brit.

/ˌnʌɪsʌɪ ˈprʌɪəs/, U.S.

/ˌnaɪsaɪ ˈpraɪəs/

Forms: Middle English– nisi prius, 1500s nysi prius, 1700s nisiprises (plural). Also with capital initials.

Origin: Of multiple origins. Partly a borrowing from French. Partly a borrowing from Latin. Etymons: French nisi prius; Latin nisi prius.

Etymology: < Anglo-Norman and Middle French nisi prius (1300 in sense 1a, 1338 in sense 4, 1347 in sense 2, 1525 in sense 3) and its etymon post-classical Latin nisi prius (from 1347 in British sources in sense 1a) < classical Latin nisi prius unless previously < nisi unless (see nisi adj.) + prius before (see prius n.). In the phrase writ of nisi prius after Anglo-Norman brief de nisi prius (1347), post-classical Latin breve de nisi prius (15th cent. in a British source). With clause of nisi prius (see sense 1b) compare post-classical Latin clausula de nisi prius (c1290 in a British source).The significance of the phrase is thus explained by:1768 W. Blackstone Comm. Laws Eng. 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. This system of travelling justices trying cases at local assizes, which later came to be known as the assize system, continued in the United Kingdom until the Courts Act (1971) introduced a new system of Crown Courts, in which justice is now dispensed by High Court judges on circuit, reinforced by local judges. In the second statute of Westminster (1285) §30, by which the assize system was instituted, only the word nisi is used. The following is an early example of the full phrase:1297 in W. P. W. Phillimore Placita Coram Rege (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. The plural form nisiprises appears to be an alteration for the purposes of rhyme:1715 J. Gay What d'ye call It i. i. 9 You ruin'd my poor Uncle at the Sizes, And made him pay nine Pounds for Nisiprises.

Law. Now historical.

a. A writ directing a sheriff to provide a jury at the Court of Westminster on a particular day, unless the assize judges come before that day to the county from which the jury was to be drawn. Now only in writ of nisi prius.

ΘΚΠ

society > law > administration of justice > process, writ, warrant, or order > [noun] > writ > writs requiring sheriff to summon court or jury

venire facias1444

nisi prius1447

habeas corpora1476

venire1665

Ordinances Exchequer (?1526) sig. A.ii Commissions of Nisi prius..conteynyng lasse than halfe a Rolle of parchemyne prystwyse.

1495 Act 11 Hen. VII c. 24 §4 Nisi prius shalbe graunted by discrecion of the Justices upon the distres.

1535 tr. Natura Breuium (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^e banke.

1607 R. Pricket Ld. Coke his Speech & Charge sig. Cijb Writ of nisi prius.

c1613 in T. Stapleton Plumpton Corr. (1839) 18 As touching your nisi prius against Fulbaron.

1629 Vse of Law 26 in J. Doddridge Lawyers Light Of which words the writ is called a Nisi prius.

1954 Cambr. Hist. Jrnl. 11 151 The Court would..order the case to be tried at the next assizes in the locality where the confiscation took place, dismissing it there by writ of nisi prius.

†b. The clause in such a writ of which these are the opening words. Obsolete.

ΘΚΠ

society > law > administration of justice > process, writ, warrant, or order > [noun] > writ > writs requiring sheriff to summon court or jury > clause in

nisi prius1543

nisi prius clause1649

1543–4 Act 35 Hen. VIII c. 6 §2 Everie firste Writte of habeas corpora or distringas with a Nysi Prius delivered of Recorde to the Sherief.

1768 W. Blackstone Comm. Laws Eng. 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.

1848 J. J. S. Wharton Law Lexicon 455/2 The trial was to be had at Westminster only in the event of its not previously taking place in the county before the justices appointed to take the assizes. This clause of nisi or nisi prius is not now retained in the venire.

†2. An action tried under a writ of nisi prius. Obsolete.

ΘΚΠ

society > law > administration of justice > court proceedings or procedure > action of courts in claims or grievances > [noun] > a lawsuit > other types of action

mort d'ancestora1325

trespass on the case1429

action of detinue1467

mortancestry1471

replevin1515

non-finding1525

nisi prius1533

faint action1542

interpleadera1558

improbationc1575

assize1577

assumpsit1586

transitory action1594

trover1594

suit of the King's peace1607

detinuea1626

quia timet1628

choke-baila1637

reprobator1672

spulyie1678

petitory action1681

proprium1695

restitution of conjugal rights1720

amicable suit1768

noxal action1774

real action1818

witness action1892

class suit1894

non-jury1897

foreclosure action1905

class action1910

derivative action1934

paternity suit1945

1533 T. Cromwell in R. B. Merriman Life & Lett. T. Cromwell (1902) I. 359 The tryall of the saide Nisiprius.

1592 T. Nashe Pierce Penilesse (Brit. Libr. copy) sig. E3 ^v If Iohn a Nokes his henne doo but leap into Elizabeth de Gappes close, shee will neuer leaue hunting her husband, till he bring it to a Nisi prius.

1607 T. Middleton Phoenix sig. F2^v Take heede I bring you not to an Nisi prius sir.

1629 Vse of Law 24 in J. Doddridge Lawyers Light These Nisi Prius happen in this sort.

1634 T. Heywood & R. Brome Late Lancashire Witches iiii. sig. I2 One morning, when your mother's husband rid early to have a Nisi prius tryed at Lancaster Syzes, hee crept into his warme place, lay close by her side, and then were you got.

1748 T. Smollett Roderick Random II. liv. 199 He had suffered a nisi prius through the obstinacy of the defendant.

†3. The authority or commission to try causes conferred on judges by a writ of nisi prius. Obsolete.

ΘΚΠ

society > law > legal power > [noun] > right of dealing with matters judicially > conferred on justices of assize

nisi prius1535

1535 tr. Natura Breuium (new ed.) f. 27 Than shall there be certayne Justices assygned by the kyng's commyssyon to syt at saint Martines the great (by nisi prius) [Fr. par Nisi prius] for to redresse the said iugement.

1629 Vse of Law 26 in J. Doddridge Lawyers Light The Iudges..haue their Commission of Nisi prius, authority [etc.].

1768 W. Blackstone Comm. Laws Eng. III. 59 The..authority..of nisi prius, which is a consequence of the commission of assise.

4. The hearing of civil causes by the judges in the Assize Court or (in later British use) Crown Court; court business of this kind. Also in cause (also court, justice, record, etc.) of nisi prius.

ΘΚΠ

society > law > administration of justice > court proceedings or procedure > trying or hearing of cause > [noun] > trial > of civil causes

nisi prius1543

1543–4 Act 35 Hen. VIII c. 6 An Acte concerninge thapparaunce of Jurors in the Nisi Prius.

1585 in H. Ellis Orig. Lett. Eng. Hist. (1846) 3rd Ser. IV. 57 The Lordes Chief Justices of either Benche do twise a weeke attend upon Nisi Prius for London and Middlesex.

1607 J. Cowell Interpreter sig. Pp3^v Iustices of Nisi prius, are all one now a daies with Iustices of Assises..yet M. Crompton maketh this difference betweene them, because Iustices of Assise haue power to giue iudgement in a cause, but Iustices of Nisi prius. only to take the verdict..Iustices of Nisi prius haue to deale in causes personall as well as reall, wheras Iustices of Assise..deale only with..Assises.

1629 Vse of Law 24 in J. Doddridge Lawyers Light A commission to take Nisi Prius directed to none but to the Iudges themselues and their Clerkes of Assizes.

1679 Trials Green, Berry, & Hill 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.

1709 London Gaz. No. 4508/3 A Postea, or Record of Nisi Prius, between Morris, Plaintiff, and Jordan, Defendant.

1768 W. Blackstone Comm. Laws Eng. III. xxiii. 373 A new trial..is now very commonly had for the misdirection of the judge at nisi prius.

1793 Chron. 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.

1840 Penny Cycl. XVI. 241/1 The judges of assize..when sitting alone to try causes..are said to be sitting at Nisi Prius.

1889 F. E. Gretton Memory's Harkback 135 Thus his legal life had been passed in Nisi Prius—he was quite a stranger to Chancery practice.

1949 Dict. National Biogr. 1931–40 at Avory, Sir Horace Edmund He quickly acquired a leading practice in ‘Crown paper’ matters and had a fair share of briefs at nisi prius.

1990 Verbatim 17 7/2 When I was young at the bar I heard with delight an old lawyer..speak grandly of the court of nisi prius.., an utterly obsolete Latinism for the simple trial court.

Compounds

General attributive, as nisi prius clause, nisi prius court, etc.

ΘΚΠ

society > law > administration of justice > judicial body, assembly, or court > [noun] > court for trial of civil cases > by judges of assize

nisi prius court1649

society > law > administration of justice > process, writ, warrant, or order > [noun] > writ > writs requiring sheriff to summon court or jury > clause in

nisi prius1543

nisi prius clause1649

1649 Kingdomes Weekly Intelligencer No. 311. 1356 An Act was reade..for altering the Nisi prius Seale in the Court lately called the Kings Bench.

1660 T. W. (title) The clerk of Assize, judges-marshall, and cryer: being the true Manner and Form of the proceedings at the Assizes and Generall Goale-Delivery, both in the Crown Court, and Nisi Prius Court.

1708 J. Chamberlayne Magnæ Britanniæ Notitia (ed. 22) 638 Queen's Bench..Custos Brevium, and Nisi Prius Office.

a1734 R. North Examen (1740) i. ii. §118. 94 The Nisiprius Courts, for Civil Trials.

1782 J. Impey New Instructor Clericalis 202 The plea must be entered on the nisi prius record, or it is good cause for judgment to be arrested.

1820 N. Amer. Rev. Jan. 70 He told me once..that he was quite as laborious as it was necessary for any Nisi Prius advocate to be.

a1832 Encycl. Metrop. (1845) XXI. 190/1 In Trials at Bar, which are actually conducted in the Court at Westminster, the Nisi Prius clause is omitted.

1841 C. J. Lever Charles O'Malley lxviii A cunning leer of his eye, and a certain nisi-prius laugh.

1885 W. S. Gilbert Mikado 100 The Nisi Prius nuisance, who just now is rather rife..I've got him on the list!

1925 Amer. Mercury Mar. 282/2 Some of our most brilliant nisi prius advocates, such as Erskine and Russell, had numerous contemporary superiors in the House of Commons.

1989 J. Campbell-Kease Compan. Local Hist. Res. (BNC) 362 The Crown and Nisi Prius courts sat, the men were tried and sentenced.

1990 A. K. R. Kiralfy Eng. Legal Syst. 97 The decisions of single judges at the assizes (Nisi Prius decisions) enjoyed little authority.

This entry has been updated (OED Third Edition, December 2003; most recently modified version published online March 2022).

单词	nisi prius
释义	nisi priusn. Brit. /ˌnʌɪsʌɪ ˈprʌɪəs/, U.S. /ˌnaɪsaɪ ˈpraɪəs/ Forms: Middle English– nisi prius, 1500s nysi prius, 1700s nisiprises (plural). Also with capital initials. Origin: Of multiple origins. Partly a borrowing from French. Partly a borrowing from Latin. Etymons: French nisi prius; Latin nisi prius. Etymology: < Anglo-Norman and Middle French nisi prius (1300 in sense 1a, 1338 in sense 4, 1347 in sense 2, 1525 in sense 3) and its etymon post-classical Latin nisi prius (from 1347 in British sources in sense 1a) < classical Latin nisi prius unless previously < nisi unless (see nisi adj.) + prius before (see prius n.). In the phrase writ of nisi prius after Anglo-Norman brief de nisi prius (1347), post-classical Latin breve de nisi prius (15th cent. in a British source). With clause of nisi prius (see sense 1b) compare post-classical Latin clausula de nisi prius (c1290 in a British source).The significance of the phrase is thus explained by:1768 W. Blackstone Comm. Laws Eng. 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. This system of travelling justices trying cases at local assizes, which later came to be known as the assize system, continued in the United Kingdom until the Courts Act (1971) introduced a new system of Crown Courts, in which justice is now dispensed by High Court judges on circuit, reinforced by local judges. In the second statute of Westminster (1285) §30, by which the assize system was instituted, only the word nisi is used. The following is an early example of the full phrase:1297 in W. P. W. Phillimore Placita Coram Rege (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. The plural form nisiprises appears to be an alteration for the purposes of rhyme:1715 J. Gay What d'ye call It i. i. 9 You ruin'd my poor Uncle at the Sizes, And made him pay nine Pounds for Nisiprises. Law. Now historical. 1. a. A writ directing a sheriff to provide a jury at the Court of Westminster on a particular day, unless the assize judges come before that day to the county from which the jury was to be drawn. Now only in writ of nisi prius. ΘΚΠ society > law > administration of justice > process, writ, warrant, or order > [noun] > writ > writs requiring sheriff to summon court or jury venire facias1444 nisi prius1447 habeas corpora1476 venire1665 Ordinances Exchequer (?1526) sig. A.ii Commissions of Nisi prius..conteynyng lasse than halfe a Rolle of parchemyne prystwyse. 1495 Act 11 Hen. VII c. 24 §4 Nisi prius shalbe graunted by discrecion of the Justices upon the distres. 1535 tr. Natura Breuium (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^e banke. 1607 R. Pricket Ld. Coke his Speech & Charge sig. Cijb Writ of nisi prius. c1613 in T. Stapleton Plumpton Corr. (1839) 18 As touching your nisi prius against Fulbaron. 1629 Vse of Law 26 in J. Doddridge Lawyers Light Of which words the writ is called a Nisi prius. 1954 Cambr. Hist. Jrnl. 11 151 The Court would..order the case to be tried at the next assizes in the locality where the confiscation took place, dismissing it there by writ of nisi prius. †b. The clause in such a writ of which these are the opening words. Obsolete. ΘΚΠ society > law > administration of justice > process, writ, warrant, or order > [noun] > writ > writs requiring sheriff to summon court or jury > clause in nisi prius1543 nisi prius clause1649 1543–4 Act 35 Hen. VIII c. 6 §2 Everie firste Writte of habeas corpora or distringas with a Nysi Prius delivered of Recorde to the Sherief. 1768 W. Blackstone Comm. Laws Eng. 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. 1848 J. J. S. Wharton Law Lexicon 455/2 The trial was to be had at Westminster only in the event of its not previously taking place in the county before the justices appointed to take the assizes. This clause of nisi or nisi prius is not now retained in the venire. †2. An action tried under a writ of nisi prius. Obsolete. ΘΚΠ society > law > administration of justice > court proceedings or procedure > action of courts in claims or grievances > [noun] > a lawsuit > other types of action mort d'ancestora1325 trespass on the case1429 action of detinue1467 mortancestry1471 replevin1515 non-finding1525 nisi prius1533 faint action1542 interpleadera1558 improbationc1575 assize1577 assumpsit1586 transitory action1594 trover1594 suit of the King's peace1607 detinuea1626 quia timet1628 choke-baila1637 reprobator1672 spulyie1678 petitory action1681 proprium1695 restitution of conjugal rights1720 amicable suit1768 noxal action1774 real action1818 witness action1892 class suit1894 non-jury1897 foreclosure action1905 class action1910 derivative action1934 paternity suit1945 1533 T. Cromwell in R. B. Merriman Life & Lett. T. Cromwell (1902) I. 359 The tryall of the saide Nisiprius. 1592 T. Nashe Pierce Penilesse (Brit. Libr. copy) sig. E3 ^v If Iohn a Nokes his henne doo but leap into Elizabeth de Gappes close, shee will neuer leaue hunting her husband, till he bring it to a Nisi prius. 1607 T. Middleton Phoenix sig. F2^v Take heede I bring you not to an Nisi prius sir. 1629 Vse of Law 24 in J. Doddridge Lawyers Light These Nisi Prius happen in this sort. 1634 T. Heywood & R. Brome Late Lancashire Witches iiii. sig. I2 One morning, when your mother's husband rid early to have a Nisi prius tryed at Lancaster Syzes, hee crept into his warme place, lay close by her side, and then were you got. 1748 T. Smollett Roderick Random II. liv. 199 He had suffered a nisi prius through the obstinacy of the defendant. †3. The authority or commission to try causes conferred on judges by a writ of nisi prius. Obsolete. ΘΚΠ society > law > legal power > [noun] > right of dealing with matters judicially > conferred on justices of assize nisi prius1535 1535 tr. Natura Breuium (new ed.) f. 27 Than shall there be certayne Justices assygned by the kyng's commyssyon to syt at saint Martines the great (by nisi prius) [Fr. par Nisi prius] for to redresse the said iugement. 1629 Vse of Law 26 in J. Doddridge Lawyers Light The Iudges..haue their Commission of Nisi prius, authority [etc.]. 1768 W. Blackstone Comm. Laws Eng. III. 59 The..authority..of nisi prius, which is a consequence of the commission of assise. 4. The hearing of civil causes by the judges in the Assize Court or (in later British use) Crown Court; court business of this kind. Also in cause (also court, justice, record, etc.) of nisi prius. ΘΚΠ society > law > administration of justice > court proceedings or procedure > trying or hearing of cause > [noun] > trial > of civil causes nisi prius1543 1543–4 Act 35 Hen. VIII c. 6 An Acte concerninge thapparaunce of Jurors in the Nisi Prius. 1585 in H. Ellis Orig. Lett. Eng. Hist. (1846) 3rd Ser. IV. 57 The Lordes Chief Justices of either Benche do twise a weeke attend upon Nisi Prius for London and Middlesex. 1607 J. Cowell Interpreter sig. Pp3^v Iustices of Nisi prius, are all one now a daies with Iustices of Assises..yet M. Crompton maketh this difference betweene them, because Iustices of Assise haue power to giue iudgement in a cause, but Iustices of Nisi prius. only to take the verdict..Iustices of Nisi prius haue to deale in causes personall as well as reall, wheras Iustices of Assise..deale only with..Assises. 1629 Vse of Law 24 in J. Doddridge Lawyers Light A commission to take Nisi Prius directed to none but to the Iudges themselues and their Clerkes of Assizes. 1679 Trials Green, Berry, & Hill 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. 1709 London Gaz. No. 4508/3 A Postea, or Record of Nisi Prius, between Morris, Plaintiff, and Jordan, Defendant. 1768 W. Blackstone Comm. Laws Eng. III. xxiii. 373 A new trial..is now very commonly had for the misdirection of the judge at nisi prius. 1793 Chron. 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. 1840 Penny Cycl. XVI. 241/1 The judges of assize..when sitting alone to try causes..are said to be sitting at Nisi Prius. 1889 F. E. Gretton Memory's Harkback 135 Thus his legal life had been passed in Nisi Prius—he was quite a stranger to Chancery practice. 1949 Dict. National Biogr. 1931–40 at Avory, Sir Horace Edmund He quickly acquired a leading practice in ‘Crown paper’ matters and had a fair share of briefs at nisi prius. 1990 Verbatim 17 7/2 When I was young at the bar I heard with delight an old lawyer..speak grandly of the court of nisi prius.., an utterly obsolete Latinism for the simple trial court. Compounds General attributive, as nisi prius clause, nisi prius court, etc. ΘΚΠ society > law > administration of justice > judicial body, assembly, or court > [noun] > court for trial of civil cases > by judges of assize nisi prius court1649 society > law > administration of justice > process, writ, warrant, or order > [noun] > writ > writs requiring sheriff to summon court or jury > clause in nisi prius1543 nisi prius clause1649 1649 Kingdomes Weekly Intelligencer No. 311. 1356 An Act was reade..for altering the Nisi prius Seale in the Court lately called the Kings Bench. 1660 T. W. (title) The clerk of Assize, judges-marshall, and cryer: being the true Manner and Form of the proceedings at the Assizes and Generall Goale-Delivery, both in the Crown Court, and Nisi Prius Court. 1708 J. Chamberlayne Magnæ Britanniæ Notitia (ed. 22) 638 Queen's Bench..Custos Brevium, and Nisi Prius Office. a1734 R. North Examen (1740) i. ii. §118. 94 The Nisiprius Courts, for Civil Trials. 1782 J. Impey New Instructor Clericalis 202 The plea must be entered on the nisi prius record, or it is good cause for judgment to be arrested. 1820 N. Amer. Rev. Jan. 70 He told me once..that he was quite as laborious as it was necessary for any Nisi Prius advocate to be. a1832 Encycl. Metrop. (1845) XXI. 190/1 In Trials at Bar, which are actually conducted in the Court at Westminster, the Nisi Prius clause is omitted. 1841 C. J. Lever Charles O'Malley lxviii A cunning leer of his eye, and a certain nisi-prius laugh. 1885 W. S. Gilbert Mikado 100 The Nisi Prius nuisance, who just now is rather rife..I've got him on the list! 1925 Amer. Mercury Mar. 282/2 Some of our most brilliant nisi prius advocates, such as Erskine and Russell, had numerous contemporary superiors in the House of Commons. 1989 J. Campbell-Kease Compan. Local Hist. Res. (BNC) 362 The Crown and Nisi Prius courts sat, the men were tried and sentenced. 1990 A. K. R. Kiralfy Eng. Legal Syst. 97 The decisions of single judges at the assizes (Nisi Prius decisions) enjoyed little authority. This entry has been updated (OED Third Edition, December 2003; most recently modified version published online March 2022). < n.1447
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