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Updated: June 15, 2025
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 temptation to go and see a man, a fellow-creature, tried for a crime which one's wife committed, and to which one is an accessory after the fact. Oh, that morning! How well I remember it. Breakfast was just oyer, the table with its relics of fragrant bloaters and terrine of paté still stood in the patio. I was alone. I loafed lazily and at my ease.
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.
He could accept money to that amount, yes but not for nothing in return. For what then in return? He kept asking himself for what, while she said other things and made above all, in her high, shrewd, successful way the point that, no, he needn't pretend that his conviction of her continued personal interest in him wouldn't have tided him oyer any question besetting him since their separation.
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.
Her friends turned the tables by indicting Stearne and some forty others of conspiracy, and apparently succeeded in driving them from the county. In Bury the forces of the opposition had appealed to Parliament, and the Commission of Oyer and Terminer, which, it will be noticed, is never mentioned by the witchfinders, was sent out to limit their activities.
A court of oyer and terminer was immediately instituted by ordinance, and the positive, overbearing Stoughton was appointed by the governor and council as its chief judge, with Sewall and Wait Winthrop, two feebler men, as his associates. By the second of June, the court was in session at Salem, making its experiment on Bridget Bishop, a poor and friendless old woman.
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.
In the latter part of 1677 a standing commission of Oyer and Terminer for the trial of pirates in Jamaica was prepared by the attorney-general and sent to the colony. After the trial of Deane, the lieutenant-governor, according to Lord Vaughan, had openly expressed himself, both in the taverns and in his own house, in vindication of the condemned man and in disparagement of Vaughan himself.
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.
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