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Independent of the high courts of Oyer and Terminer, the great quarterly reviews, we have innumerable minor tribunals, monthly and weekly, down to the Pie-poudre courts in the daily papers; insomuch that no culprit stands so little chance of escaping castigation, as an unlucky author, guilty of an unsuccessful attempt to please the public.
The piece, in the state to which I had brought it, was rehearsed in the great theatre of the opera. Of the three authors who had contributed to the production, I was the only one present. Voltaire was not in Paris, and Rameau either did not come, or concealed himself. The words of the first monologue were very mournful; they began with: O Mort! viens terminer les malheurs de ma vie.
These thirty articles conceded, in fact, all the most essential claims of the Irish; they secured them equal rights as to property, in the Army, in the Universities, and at the Bar; they gave them seats in both Houses and on the Bench; they authorized a special commission of Oyer and Terminer, composed wholly of Confederates; they declared that "the independency of the Parliament of Ireland on that of England," should be decided by declaration of both Houses "agreeably to the laws of the Kingdom of Ireland."
These thirty articles conceded, in fact, all the most essential claims of the Irish; they secured them equal rights as to property, in the Army, in the Universities, and at the Bar; they gave them seats in both Houses and on the Bench; they authorized a special commission of Oyer and Terminer, composed wholly of Confederates; they declared that "the independency of the Parliament of Ireland on that of England," should be decided by declaration of both Houses "agreeably to the laws of the Kingdom of Ireland."
Small offences are punished by the justices in or out of sessions, by whom the offender is sentenced to be whipped, imprisoned, or kept to hard labour; but for the trial of capital offences, a commission of Oyer and Terminer and jail delivery issues eight times every year, i.e., before and after every term, directed to the Lord Mayor, Recorder, some of the twelve judges, and others whom the Crown is pleased to assign.
Who so likely as Mather to have brought the case to the notice of Phips, pp. 14. It was urged upon Richards at about the same time that it was upon Phips; and as an argument in favor of "extirpating" witches, by the action of a Court of Oyer and Terminer.
Had document No. 2 of the Oyer and Terminer series been found, some explanation of the five years' delay of the trial might have been forthcoming; and the exact date of its beginning probably would have been fixed.
The second charter, after confirming former liberties, enlarges the limits of the civic jurisdiction and ordains that the mayor, recorder, and two aldermen, shall be justices of oyer and terminer. The third one is simply an amplification of the preceding two, and clears up various doubts as to the weighing and measuring of coals: both offices are granted or confirmed.
Edward, attended by his former servant Alick Polwarth, who had reentered his service at Edinburgh, reached Carlisle while the commission of Oyer and Terminer on his unfortunate associates was yet sitting. He had pushed forward in haste, not, alas! with the most distant hope of saving Fergus, but to see him for the last time.
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