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7 - Nisi prius

Published online by Cambridge University Press:  07 October 2011

J. S. Cockburn
Affiliation:
University of Maryland
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Summary

Now the active young attorneys

Briskly travel on their journeys

Looking big as any giants

On the horses of their clients.

Jonathan Swift, Helter Skelter, or, The Hue and Cry after the Attorneys upon their Riding the Circuit, ll. 1–4

Q. How can my son succeed at the Bar?

A. Well, madam, he must marry the daughter of a leading attorney, write a law book, or go on Circuit. The only other way that I can think of, madam, is by a blooming miracle.

Quoted by E. Sheehy, May It Please the Court (Dublin, 1951), 60

Compared with the conduct of criminal business, the trial of civil cases begun before one of the three common law benches at Westminster and brought to assizes by writ of nisi prius appears sophisticated and largely devoid of incident. Probably for this reason as much as any other, the two judges normally alternated between the Crown and nisi prius sides from one assize to the next. After the legally uninteresting and physically demanding routine of the Crown court, they doubtless found the atmosphere of nisi prius hearings–in which both parties were represented by counsel, and where any error, judicial or otherwise, was likely to be spotted when the postea was referred for judgment to the court in bane at Westminster–familiar, even entertaining. ‘II s'amuse a juger’, exclaimed a French advocate upon witnessing the ease and delight with which Justice Bayley (1763–1841) handled circuit business. Of Lord Mansfield it was said that ‘his idea of heaven was to sit at nisi prius all day, and play at whist all night’.

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Publisher: Cambridge University Press
Print publication year: 1972

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  • Nisi prius
  • J. S. Cockburn, University of Maryland
  • Book: A History of English Assizes 1558–1714
  • Online publication: 07 October 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511896507.012
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  • Nisi prius
  • J. S. Cockburn, University of Maryland
  • Book: A History of English Assizes 1558–1714
  • Online publication: 07 October 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511896507.012
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Nisi prius
  • J. S. Cockburn, University of Maryland
  • Book: A History of English Assizes 1558–1714
  • Online publication: 07 October 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511896507.012
Available formats
×