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Updated: May 16, 2025
The reference to the course taken in England, in 1645, sheds light upon the suggestions I have made, as to Mather's notion, that one or more Ministers "a famous Divine or two," ought to have been connected, "by authority," with the Court of Oyer and Terminer, in the management of the cases.
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.
Demurely dressed in grey, the little white-haired lady calmly faced the Lord Chief Justice Jeffreys and the four judges of oyer and terminer who sat with him, and confidently made her plea of "Not Guilty." It was inconceivable that Christian men should deal harshly with her for a technical offence amounting to an act of Christian charity.
On the 4th of January, 1819 the third day after the expiration of the period allowed him for departure Dickson and Claus issued an order of commitment, under which he was arrested and lodged in Niagara jail, there to remain until the next sitting of the Court of Oyer and Terminer. His pugnacity was by this time fully aroused, and he determined to fight his ground inch by inch.
In a single day their examination was concluded: with the resulting verdict of the Masters upon their actions that they "deserved to be hanged for the same." Then, apparently, the mutineers were left to their own devices for five full years. So far as the records show, no action was taken until the trial began in Oyer and Terminer.
And afterwards, under a commission of Oyer and Terminer, the commission ordered that all who had "contumaceously" disobeyed the proclamation, should be punished by "pecuniary mulcts." Witty Optics.
The trials took place before the illegal Court of Oyer and Terminer, appointed by Governor Phipps, at the instigation of the Lieutenant-Governor and Chief Justice Stoughton, and Joseph Dudley, formerly governor, and the Chief Judge of the Court which, in 1688, had sent "Goody Oliver" to her death at the gallows.
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.
Governor said, it must fall." Thus died the Court of Oyer and Terminer. Its friends cherished, to the last, the hope that Sir William might be placated, and possibly again brought under control; but it vanished, when the emphatic and resolute words, reported by Sewall, were uttered. The firmness and force of character of the Governor are worthy of all praise.
Speaking of a wife or husband being allowed to accuse one the other, he breaks out: "I shudder while I am relating it;" and giving the results at the last trial, he says: "This Court of Oyer and Terminer, happy for the country, sat no more." Its proceedings were arbitrary, harsh, and rash. The ordinary forms of caution and fairness were disregarded.
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