And Nisi Prius

In English practice. Sessions or courts held by two or more commissioners called judges of assise, (or of assise and nisi prius,) who are twice in every year sent by the queen's special commission, on circuits all round the kingdom, to try by a jury of the respective counties the truth of such matters of fact as are then in dispute in Westminster Hall. 3 Steph. Com. 421, 422. These commissioners consist principally of the judges of the superior courts of common law, and they usually make their circuits in the respective vacations after Hilary and Trinity terms. Id. 423. Smith's Action at Law, 129. They are so called from the commission of assise anciently issued to the judges, appointing or assigning them to take assises (ad assisas capiendas), that is, to take and receive the verdicts of jurors in certain actions then called assises. 3 Bl. Com. 57, 59, 352. See Assise. This commission of assise was actually issued down to a recent period, but the abolition of assises and other real actions has now thrown it out of force. 3 Steph. Com. 424, note (x).