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This representation being referred to the consideration of the committee, produced divers amendments to the hill, which at length obtained the royal assent, and contained these regulations: That, after the first day of January in the present year, no commission should be granted to a privateer in Europe under the burden of one hundred tons, the force of ten carriage guns, being three-pounders or above, with forty men at the least, unless the lords of the admiralty, or persons authorized by them, should think fit to grant the same to any ship of inferior force or burden, the owners thereof giving such bail or security as should be prescribed: that the lords of the admiralty might at any time revoke, by an order in writing under their hands, any commission granted to a privateer; this revocation being subject to an appeal to his majesty in council, whose determination should be final: that, previous to the granting any commission, the persons proposing to be bound, and give security, should severally make oath of their being respectively worth more money than the sum for which they were then to be bound, over and above the payment of all their just debts: that persons applying for such commissions should make application in writing, and therein set forth a particular and exact description of the vessel, specifying the burden, and the number and nature of the guns on board, to what place belonging, as well as the name or names of the principal owner or owners, and the number of men: these particulars to be inserted in the commission; and every commander to produce such commission to the custom-house officer who should examine the vessel, and, finding her answer the description, give a certificate thereof gratis, to be deemed a necessary clearance, without which the commander should not depart: that if, after the first day of July, any captain of a privateer should agree for the ransom of any neutral vessel, or the cargo, or any part thereof, after it should have been taken as prize, and in pursuance of such agreement should actually discharge such prize, he should be deemed guilty of piracy; but that with respect to contraband merchandise, he might take it on board his own ship, with the consent of the commander of the neutral vessel, and then set her at liberty; and that no person should purloin or embezzle the said merchandise before condemnation: that no judge, or other person belonging to any court of admiralty, should be concerned in any privateer: that owners of vessels, not being under fifty, or above one hundred tons, whose commissions are declared void, should be indemnified for their loss by the public: that a court of oyer and terminer, and gaol delivery, for the trial of offences committed within the jurisdiction of the admiralty, should be held twice a-year in the Old Bailey at London, or in such other place within England as the board of admiralty should appoint: that the judge of any court of admiralty, after an appeal interposed, as well as before, should, at the request of the captor or claimant, issue an order for appraising the capture, when the parties do not agree upon the value, and an inventory to be taken; then exact security for the full value, and cause the capture to be delivered to the person giving such security; but, should objection be made to the taking such security, the judge should, at the request of either party, order such merchandise to be entered, landed, and sold at public auction, and the produce to be deposited at the bank, or in some public securities: and in case of security being given, the judge should grant a pass in favour of the capture.
Parliament was again assembled on the 4th of February, 1817, by Governor Gore, during the session of which an Act was passed providing for the representation of the commons of the counties of Wentworth and Halton in parliament; also an Act to establish a police in the towns of York, Sandwich, and Amherstburgh; an Act granting to His Majesty £2,578 for the administration of justice; £900 for the Lieutenant-Governor's Office; £737 for the Office of the Receiver General; £2,300 for the Surveyor General's Department; £650 for the Executive Council Office; £36 for the Crown Office; £90 for the Attorney General's Office; £400 for the Secretary's Office; £200 for the Registrar of the Province; £620 for the Inspector General's Office; £620 for pensions to wounded officers; £400 for four clergymen; £50 for one minister of the Gospel; £200 for repairs to Government House; and £500 for casual and incidental expenses; an Act to establish a market in the town of Niagara; an Act to repeal, amend and extend the Act granting pensions to persons disabled in the service, and to the widows and children of persons killed in war; an Act granting £1,576 0s. 8d. for the clerks and for the contingencies of the last session of parliament; an Act in part repealing and in part altering and amending an Act providing for the appointment of parish and town officers; an Act to continue the Act making provision for certain sheriffs; and an Act to enable the commissioner of gaol delivery and Oyer and Terminer to proceed, although the Court of King's Bench be sitting in the Home District, for which they are commissioned.
Gov^r, coming over the causey, is, by reason of the high tide, so wet, that is fain to go to bed, till sends for dry clothes to Dorchester." The "great silence" was significant of the embarrassment in which they were placed, and their awe of the "choler" of the Governor. Mr. Russel asked, whether the Court of Oyer and Terminer should sit, expressing some fear of inconvenience by its fall.
When we consider that the subject had been specially assigned on the seventeenth, and discussed for two days, on the twenty-fourth and twenty-fifth, to the conclusion that the appointment of Judges ought to be deferred, "until there be an establishment of Courts of Justice," which by the Charter, could only be done by the General Court which was to meet, as the Governor had notified them, in less than a fortnight the establishment of the Court of Oyer and Terminer, on the twenty-seventh, must be regarded as very extraordinary.
And how he well sees that neither one nor the other can do their duties without help. 17th. To St. Margaret's Hill in Southwark, where the Judge of the Admiralty come, and the rest of the Doctors of the Civill law, and some other Commissioners, whose Commission of Oyer and Terminer was read, and then the charge, given by Dr.
The loud cries and clamours of the friends of the afflicted people, with the advice of the Deputy-governor and many others, prevailed with me to give a Commission of Oyer and Terminer for discovering what Witchcraft might be at the bottom, or whether it were not a possession.
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.
In consequence of Shaftsbury's violent opposition to the Duke, and the court party, there was a Bill of Indictment of High Treason, read before his Majesty's Commissioners of Oyer and Terminer in the Sessions-House at the Old Bailey, but the Jury found it Ignoramus; upon which, all the party rejoiced at the deliverance of their head. These disturbances gave Mr.
Oyer and Terminer. 41. 13 May, 1617. Frances Clemence, of Wapping, mariner, aged 40, says that Henry Hudson, the master, and 8 persons more were put out of the Discovery into the shallop about 20 leagues from the place where they wintered, about 22d of June shall be 6 years in June next, as he heard from the rest of the company, for this examinate had his nails frozen off, and was very sick at the time.
From that day, Cora shared the imprisonment of her lover, so far as the jailer would permit. She added to his comfort and assured him that her undying love would follow him to the grave. Their hopes rose and sank as the day of trial drew near. The fatal day came at last, and Charles was arraigned before the court of oyer and terminer on charge of the murder of one Samuel Williams.
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