218 THE USE OF THE LAW. 



and by bringing an ejectionejirme, and trying their title so, 



than by the long suits of assizes. 



The fourth commission is a commission to take Nisi Prius 

 4. Commission directed to none but to the j udges themselves and their clerks 

 is to take Nisi O f ass i zes by w hich they are called justices of Nisi Prius. 



Pnus, and tins m, A -. . f . i .1 r -, 



is directed to * hese Nisi Pnus happen in this sort, when a suit is begun 

 two judges and for any matter in one of the three courts, the King s Bench, 

 the clerk of the Common Pleas, or the Exchequer here above, and the par- 

 is isi Prius. ties in their pleadings do vary in a point of fact ; as for ex 

 ample, if in an action of debt upon obligation, the defendant 

 denies the obligation to be his debt, or in any action of tres 

 pass grown for taking away goods, the defendant denieth 

 that he took them, or in an action of the case for slanderous 

 words, the defendant denieth that he spake them, &c. 



Then the plaintiff is to maintain and prove that the 

 obligation is the defendant s deed, that he either took the 

 goods, or spake the words ; upon which denial and affirma 

 tion the law saith, that issue is joined betwixt them, which 

 issue of the fact is to be tried by a jury of twelve men of 

 the county where it is supposed by the plaintiff to be done, 

 and for that purpose the judges of the court do award 

 a writ of venire Jacias in the king s name to the sheriff of 

 that county, commanding him to cause four and twenty 

 discreet freeholders of his county, at a certain day, to try 

 this issue so joined, out of which four and twenty only 

 twelve are chosen to serve. And that double number is 

 returned, because some may make default, and some be 

 challenged upon kindred, alliance, or partial dealing. 



These four and twenty the sheriff doth name and certify 



to the court, and withal that he hath warned them to come 



at the day according to their writ. But, because at his first 



summons their falleth no punishment upon the four and 



twenty if they come not, they very seldom or never appear 



The manner of upon the first writ, and upon their default there is another 



proceeding of wr it* returned to the sheriff, commanding him to distrain 



justices oi cir- ., , ,, . , P . 



cuits in their them by their lands to appear at a certain day appointed 

 circuits. by the writ, which is the next term after, Nisi Prius just i- 



f he course the c i ar jj nostri ad assizas capietidas vetierint. &c. of which 



i udges hold in ,, .. ni 11-1 ni 



their circuit in words the writ is called a nisi pnus, and the judges ot the 

 the execution of circuit of that county in that vacation and mean time be- 

 their commis- f ore t j ie ^ Q f a pp earance appointed for the jury above, 



sion concerning , , . &amp;lt; rr . . ,, tf. . ~ . , J / . 



the taking of nere by their commission ol .Ntst Jrnus have authority to 



nisi 



pnus. 



Distringas. 



