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We had a third drink, and I passed a couple of bottles of square-face oyer to his crew, and then, to our intense satisfaction, Tally went over the side into his own boat, which at once pushed off, and in a few minutes was slipping over the lagoon towards the big village, Tolly waving his dirty Panama hat to us as he stood grasping the steer oar. I almost fancied I could see him grin evilly at me.
Mary Bateson, Letters from the Bishops to the Privy Council, 1564, with Returns of the Justices of the Peace, etc., in Camden Miscellany, ix . By 1 Eliz. c. 2, bishops could at pleasure associate themselves to justices of oyer and terminer or of assize. Cf. Strype, Whitgift, 329. Presentments on this score are frequent.
A special commission of oyer and terminer was sent down to York to try the prisoners in January, 1663-64, when twenty-one were convicted and executed. Up, and my wife and I to church, where it is strange to see how the use and seeing Pembleton come with his wife thither to church, I begin now to make too great matter of it, which before was so terrible to me.
It also tries such of the higher crimes as a county court has not the power to try. Courts in which crimes are tried are sometimes called courts of oyer and terminer. Every county court, and every circuit having like jurisdiction, has a jury to try issues of fact, and a grand jury.
The story he was able to make from what he had from the two men he took to the King. From this beginning rose up the Great Oyer of Poisoning. The matter was put into the hands of the Lord Chief Justice, Sir Edward Coke. The lad Reeves, whose confession had started the matter, was either dead or dying abroad, and was so out of Coke's reach.
Speaking of a wife or husband being allowed to accuse one the other, he breaks out: "I shudder while I am relating it;" and giving the results at the last trial, he says: "This Court of Oyer and Terminer, happy for the country, sat no more." Its proceedings were arbitrary, harsh, and rash. The ordinary forms of caution and fairness were disregarded.
Torrey seems to be of opinion, that the Court of Oyer and Terminer should go on, regulating any thing that may have been amiss, when certainly found to be so." Sewall and Stoughton were among the principal friends of Torrey; and he, probably, had learned from them, Phips's avowed purpose to stop the proceedings of the Court, in the witchcraft matter.
Supreme court, the judges elected for fifteen years; courts of oyer and terminer and general jail delivery in the counties, held by judges of the supreme court and court of common pleas; a court of common pleas in each judicial district, which may not include more than five counties, the presiding judge to hold his office for ten years, the associates for five years; a court of quarter sessions and orphans' court for each county, held by judges of the common pleas; a register's court for each county, composed of the register of wills and judges of the common pleas; and courts held in the several townships, wards, and boroughs, by justices of the peace or aldermen elected by the voters therein, for five years.
A Bill is sent in about calling a Fast and Convocation of Ministers, that may be led in the right way, as to the Witchcrafts. The season, and manner of doing it, is such, that the Court of Oyer and Terminer count themselves thereby dismissed. 29 nos & 33 yeas to the Bill. Capt. Bradstreet, and Lieut. True, Wm. Hutchins, and several other interested persons, in the affirmative."
In the Swedish case, was found the precedent for a "Special Commission of Oyer and Terminer." Well might the Governor have felt the importance of relieving himself, as far as possible, from the responsibility of having organized such a Court, and of throwing it upon his advisers.
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