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Updated: June 15, 2025
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.
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.
The umpire selected in behalf of the opponents of Parris was no other than Elisha Cook, the head of the party arrayed against Mather. Wait Winthrop appears to have been selected by Parris; and Samuel Sewall was mutually agreed upon. Two of the three, who thus passed final judgment against the proceedings at the Salem Trials, sat on the Bench of the Special Court of Oyer and Terminer.
Then the vast swindles which now, from time to time, disgrace our cities, will be unheard of. No voting of public money that, on its way to some city improvement, falls into the pockets of those who voted it. No courts of Oyer and Terminer, at vast expense to the people. No empanelling of juries to inquire into theft, arson, murder, slander, and black-mail.
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.
At the trial of Bridget Bishop, in the court of Oyer and Terminer, held at Salem, June 2, 1692, there was testimony brought in that a man striking once at the place where a bewitched person said the shape of Mrs. Then followed a curious scene in which Thorel tried, in presence of the maire, to touch the cure, who retreated to the end of the room, and struck the shepherd with his cane.
Two remarkable incidents marked the reign of Edward III. in connection with the City of London; the Lord Mayor was now constituted, by royal charter, one of the judges of oyer and terminer and gaol-delivery at Newgate. The ancient trading gilds also became developed into the present livery companies, so called, because a peculiar uniform was chosen by each.
There were also Oyer and Terminer and Admiralty Courts.
But 'humpy' is almost spent, and though by a mighty effort he 'ups flukes' and sounds, he soon rises, for the killers thrust him upwards to the surface again. Then the flashing lance two, three swift thrusts into his 'life' a gushing torrent of hot, dark blood, and he rolls oyer on his side, an agonised trembling quivers through his vast frame, the battle is oyer and his life is gone.
"A report was carried to the Parliament ... as if some busie men had made use of some ill Arts to extort such confession; ... thereupon a special Commission of Oyer and Terminer was granted for the trial of these Witches." Care was to be used, in gathering evidence, that confessions should be voluntary and should be backed by "many collateral circumstances."
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