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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.
The Earl of Warwick held a court at Chelmsford, but he was probably acting in a military capacity, and, inexperienced in court procedure, doubtless depended largely upon the justices of the peace, who, gathered in quarter sessions, were assisting him. It is true too that Parliament had sent down a Commission of Oyer and Terminer to Bury, a commission made up of a serjeant and two clergymen.
La guerre avec la Chine nous alarme, parce qu'il n'y a pas de guerre plus difficile a terminer que celle-la. La politique coloniale est un luxe que nous aurions pu nous donner dans un autre temps, mais que ne nous convient pas dans notre situation europeenne. Elle a de plus ete conduite d'une facon irreguliere, l'action au Tonkin succedant a l'inaction en Egypte.
Americans still have "Courts of Oyer and Terminer" and still insist on the unanimity of the jury, though their judges wear no robes and their counsel apply to the cuspidor as often as to the code. So, too, the extension of municipal powers accomplished in Great Britain still seems a formidable innovation in the United States.
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.
Thirty in all were tried at the Old Bailey before the Commissioners of Oyer and Terminer and a special jury of knights and gentlemen of quality in the county of Middlesex. Twenty-nine of these were condemned to death.
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.
Edward, attended by his former servant Alick Polwarth, who had re-entered 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.
The Diary relates that at a meeting of the Council, on the twenty-eighth, in the afternoon, Sewall, "desired to have the advice of the Governor and Council, as to the sitting of the Court of Oyer and Terminer, next week; said, should move it no more; great silence prevailed, as if should say, Do not go."
There were also Oyer and Terminer and Admiralty Courts.
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