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Topic: Oyer and Terminer

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	Oyer And Terminer - LoveToKnow 1911
		OYER AND TERMINER, the Anglo-Frenchname, meaning " to hear and determine," for one of the commissions by which a judge of assize sits (see Assize).
		The words oyer and terminer are also used to denote the court which has jurisdiction to try offences within the limits to which the commission of oyer and terminer extends.
		An indictment for either of the offences mentioned may be removed by certiorari from the court of oyer and terminer into the court of justiciary.
	www.1911encyclopedia.org /Oyer_And_Terminer (183 words)

	Assize Court - Wikipedia, the free encyclopedia
		The Assizes heard the most serious cases, which were committed to it by the Quarter Sessions (local county courts held four times a year), while the more minor offences were dealt with summarily by Justices of the Peace in petty sessions (also known as Magistrates' Courts).
		Thus they were known as writs of nisi prius (Latin "unless before"): the jury would hear the case at Westminster unless the king's justices had assembled a court in the county to deal with the case beforehand.
		The commission of oyer and terminer, was a general commission to hear and decide cases, while the commission of gaol delivery required the justices to try all prisoners held in the gaols.
	en.wikipedia.org /wiki/Assize_Court (693 words)

	Reality of Rights
		The reason there is not a right of oyer and terminer is that there is no right to scarce resources, and oyer and terminer is a scarce resource (and scarcer than it needs to be).
		"Oyer and terminer" is a legal term of art meaning "hearing (by due process) and determination (on the merits)".
		Covert, 354 U.S. That includes guaranteeing oyer and terminer, which is a positive action of government involving the expenditure of resources, not refraining from action.
	www.constitution.org /col/reality_rights.htm (1205 words)

	Courts of Oyer and Terminer and General Gaol Delivery, Assize, Nisi Prius
		After 1777, the Governor issued commissions establishing Courts of Oyer and Terminer and General Gaol Delivery whenever he felt or was advised that the sessions of the Court(s) of King's/Queen's Bench were insufficient to deal with all pending criminal cases.
		In the case of Courts of Oyer and Terminer and General Gaol Delivery, it generally extended in practice to all major pending criminal cases for a particular district that were not under the usual jurisdiction of the Courts of Quarter Sessions of the Peace.
		Commissions of Oyer and Terminer and General Gaol Delivery were issued to the senior judiciary, generally one or more of the Justices or Judges of the Court(s) of King's/Queen's Bench, sometimes along with senior Justices of the Peace.
	www.hst.ulaval.ca /profs/dfyson/courtstr/O&t.htm (1494 words)

	OYER AND TERMINER - Online Information article about OYER AND TERMINER
		The words oyer and terminer are also used to denote the See also:
		jurisdiction to try offences within the limits to which the commission of oyer and terminer extends.
		indictment for either of the offences mentioned may be removed by certiorari from the court of oyer and terminer into the court of justiciary.
	encyclopedia.jrank.org /ORC_PAI/OYER_AND_TERMINER.html (358 words)

	COURT OF OYER AND TERMINER
		In these cases the clerk of the peace, who was also the clerk of the Court of Oyer and Terminer, was required to report to the state treasurer each year the amount of money due from the sheriff for such sales.
		Oyer and Terminer had the authority to direct that it be heard.
		In 1951 the Court of Oyer and Terminer was abolished and its responsibilities and functions assumed by the Superior Court.
	www.state.de.us /sos/dpa/collections/aghist/2825.shtml (827 words)

	The Court of Oyer and Terminer
		Phips Was counseled to set up a spedal emergency "Court of Oyer and Terminer" which could quickly begin to hear ("Oyer") and determine ("Terminer") the backload of cases pending, since the regular courts, by law, could not sit until after the election of the Massachusetts General Court.
		On May 27 he appointed the comissioners of Oyer and Terminer, with Deputy Governor William Stoughton as chief justice and six other prominent and highly respected men sitting with him.
		One hundred and fifty were still in jail and must be tried, but by late October the Court of Oyer and Terminer was abandoned.
	www.horton.ednet.ns.ca /staff/sheppard/Oyer_and_Terminer.htm (1293 words)

	NJDARM:New Jersey State Archives Holdings: Court of Oyer and Terminer
		The Court of Oyer and Terminer met on county circuit and was presided over by justices of the Supreme Court.
		Includes Oyer and Terminer minutes for 1837-1843 only; Oyer and Terminer minutes are continued as a separate series.
		Court of Chancery and Court of Oyer and Terminer Records are sparse.
	www.state.nj.us /state/darm/links/webcat/queries/sjoyer.html (625 words)

	Mansfield's Case
		This proceeding purports to have been commenced and carried on in the court of oyer and terminer and general jail delivery and the court of quarter sessions of the peace, in the juvenile court of the
		The title of the act indicated a legislative intent to establish juvenile courts, but the effect of the body of the legislation is to extend the jurisdiction of the court of oyer and terminer and the court of quarter sessions, and to regulate the exercise of that jurisdiction.
		The judges of the courts of oyer and terminer and of the courts of quarter sessions of the peace of the several judicial districts are required to designate one or more of their number to hear all cases coming under this statute.
	plaza.ufl.edu /edale/Mansfield.htm (1469 words)

	GenBook69 (Site not responding. Last check: 2007-10-25)
		Criminal cases, in the Eighteenth and early-Nineteenth Centuries, were referred to as courts of Oyer and Terminer.
		The term ‘oyer and terminer’ are translated to mean ‘to hear and determine’.
		The judgement handed down by the court of Oyer and Terminer was binding and the punishment of the defendant, if found guilty, was usually carried out soon after the trial.
	www.motherbedford.com /GenBook69.htm (256 words)

	k.bodey7
		The Court of Oyer (to hear) and Terminer (to decide) was opened by Governor William Phips (Guiley 296) in Salem to hear the witchcraft precedings on June 2, 1692 (www.salemwitchmuseum.com).
		The Court of Oyer and Terminer allowed spectral evidence to be used in the precedings.
		Regardless of the reason, the Court of Oyer and Terminer was dissolved (Guiley).
	www.urbana.k12.oh.us /699/kb/Pages/k.bodey7.htm (373 words)

	FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
		The Court of Oyer and Terminer should, on the motion of the prisoner, have quashed the indictment, and the panels of grand jurors and petit jurors, on the ground that the Levy Court of New Castle County had excluded from them all persons of African race and color, because of their race and color.
		The clerk of the Court of Oyer and Terminer was himself, as we are advised by the opinion of the Chief Justice, the clerk of the Levy Court, attending its sessions and assisting in the transaction of its business.
		On motion of the attorney-general of the State, the indictment was removed for trial to the Court of Oyer and Terminer of the county.
	caselaw.lp.findlaw.com /cgi-bin/getcase.pl?court=us&vol=103&invol=370 (7562 words)

	Chapter 9, History of Columbia County, New York, USA
		Courts of oyer and terminer were provided by an act passed February 22, 1788, to be held by the justice of the Supreme Court at the same time with the circuit.
		Under the constitution of 1821 the oyer and terminer was held by the circuit judge.
		At the second oyer and terminer, in March, 1789, the bee-hive thief was again held to bail to the next term, thus experiencing what to him at least were the sweets of the law's delay.
	www.usgennet.org /usa/ny/county/columbia/genhistcolco/chapt9_1878_hist.htm (10878 words)

	The Supreme Court of New York (Site not responding. Last check: 2007-10-25)
		In each county, a circuit court was held for trials of civil matters and a Court of Oyer and Terminer was held to try felony cases.
		In New York, the Court of Oyer and Terminer was established in 1691 and was the criminal branch of the Supreme Court until 1896 when its duties were absorbed by the Trial Term of the Supreme Court.
		One could be indicted in the Court of Oyer and Terminer and tried in another court; the court determined that the defendant could be tried in "the next court holding criminal jurisdiction in the offense to be held at the city of Albany".
	www.albanycounty.com /departments/achor/vestiges/vchap4.html (1324 words)

	[No title]
		Among these records may be found Court of Oyer and Terminer volumes and papers, 1757-1827, equity and execution dockets and papers, judgement dockets, debit single bill papers, partition and sheriff's deeds, petitions for the extinguishment of ground rent and proceedings in lunacy.
		This original oyer and terminer jurisdiction on the part of the Supreme Court may seem phenomenal to anyone accustomed to a Supreme Court with nothing but appellate jurisdiction.
		It may be even more surprising to learn that extant oyer and terminer dockets among the records of the Eastern District of the Supreme Court indicate that this Court was exercising oyer and terminer jurisdiction in Philadelphia City and County as late as 1827.
	www.phila.gov /phils/Docs/otherinfo/newslet/law3.htm (2125 words)

	Duely and Constantly Kept
		The circuit judge also received a commission from the governor to preside over a court of oyer and terminer, which can be considered the criminal branch of the circuit court.
		Assisting him on the bench of the court of oyer and terminer were two of the county judges.
		(Because of this authority to "deliver the jail," the court was sometimes called the court of oyer and terminer and general gaol delivery.) The court of oyer and terminer had exclusive jurisdiction over all trials of defendants charged with crimes punishable with death or life imprisonment.
	www.courts.state.ny.us /history/elecbook/duely/pg57.htm (628 words)

	William Stoughton (Site not responding. Last check: 2007-10-25)
		Following the outbreak of witchcraft accusations in Salem, Phips appointed Stoughton chief justice of the newly formed court of oyer and terminer.
		In addition to admitting spectral evidence, the court allowed private conversations between accusers and judges, permitted spectators to interrupt the procedures with personal remarks, forbid defense counsel for the accused, and placed judges in the role of prosecutors and interrogators of witnesses.
		Although he acted as chief justice in the court of oyer and terminer during the Salem witches trials, Stoughton suffered little political damage.
	www.law.umkc.edu /faculty/projects/ftrials/salem/SAL_BSTO.HTM (338 words)

	Amendment IV: Conner v. Commonwealth
		C. The plaintiff in error was indicted in the Court of Oyer and Terminer of Northumberland county, for refusing to execute a warrant issued by Thomas Cooper, esq., president of the Court of Common Pleas of the said county, for the arrest of a certain Jacob Langs, of the said county.
		Judge Cooper acted with great candor and propriety in stating on the face of the warrant, that it was issued without oath, and there is no doubt but he was actuated solely by the desire of preventing the escape of a criminal.
		It follows, that the judgment of the Court of Oyer and Terminer was erroneous and must be reversed.
	press-pubs.uchicago.edu /founders/documents/amendIVs16.html (548 words)

	JOHN MACKIN, PLAINTIFF IN ERROR, v (Site not responding. Last check: 2007-10-25)
		The law does not recognize as a defence to a criminal charge a form of insanity in which the defendant knows that the act which he does is wrong, but, notwithstanding, is unable to refrain from doing it.
		On error to the Hudson Oyer and Terminer.
		The crime charged against him in the indictment upon which he was tried was the murder of his wife, and the defence interposed on his behalf was insanity.
	fas-history.rutgers.edu /~clemens/mackin1896.html (397 words)

	Archives (Site not responding. Last check: 2007-10-25)
		Until 1869, the court consisted of three justices of the peace, after which time there were a series of changes too complex to discuss here.
		It was not unusual for individuals to be arraigned in one court (usually Oyer) and tried in the other.
		Minutes for the Court of Oyer and Terminer and for Juvenile Court are included in some volumes.
	www.visitmonmouth.com /archives/lgquartr.asp (345 words)

	PA State Archives - County Officers - Agency Histories (Site not responding. Last check: 2007-10-25)
		In 1707, Governor John Evans' ordinance established two separate courts in each county - quarter sessions and oyer and terminer to hear criminal cases and deal with administrative matters, and common pleas to hear civil and equity cases.
		The term " prothonotary" appeared for the first time in this ordinance, and it was ordered that all writs and processes of the court of common pleas were to issue out of his office under the county seal and all returns were to be made to that office.
		This court exercises the jurisdiction that was vested in the previous courts of common pleas, quarter sessions of the peace and oyer and terminer, and orphans' court.
	www.phmc.state.pa.us /bah/dam/rg/coffices.htm (5854 words)

	[No title]
		In June of 1692, the special Court of Oyer (to hear) and Terminer (to decide) sat in Salem to hear the cases of witchcraft.
		The Court of Oyer and Terminer pays more attention to the request for speed and less attention to the criticism of spectral evidence.
		The Court of Oyer and Terminer was dissolved in October of 1692.
	www.angelfire.com /mi2/horror/Origin.html (2256 words)

	In feudal England it was the role of the king’s men to see to the governance of the realm (Site not responding. Last check: 2007-10-25)
		A commission of Oyer and Terminer, which can be translated as “hear,” and “determine,” was an order from the king to a noble or group of nobles to oversee a criminal case and render judgment.
		Commission of oyer and terminer to William Gascoigne, William Thirnyng, John Markham, Robert Tirwhit and Robert Morton, on complaint by Richard, archbishop of York, that whereas he and his predecessors have had time out of mind a ferry or passage across the river Trent at Flyntham and Gippesmereco,.
		Commission of oyer and terminer to William Thirnyng, Robert Tirwhit, William de Astley,' chivaler,' and Robert Botener, on information that the bondmen and tenants in bondage of Richard, prior of Coventre, lord of the manor of Honyngton,co. Warwick, have leagued together to refuse their due customs and services.
	www.uiowa.edu /~c030149a/Harrison/Tirwhit.htm (4219 words)

	People v Chapleau 1890: Court of Appeals
		Appeal from court of oyer and terminer, Clinton county.
		GRAY, J. The defendant was indicted for the crime of murder in the first degree for the killing of Irwin E. Tabor, and he was tried at a court of oyer and terminer held in and for Clinton county.
		The jury rendered a verdict in accordance with the charge in the indictment, and sentence of death was passed.
	www.correctionhistory.org /northcountry/html/crimes/chapleaucourtofappeals3.htm (2756 words)

	Salem Witch Trials - Witch Trial Players Salem, MA
		Member of the Court of Oyer and Terminer; the only Justice who publicly asked forgiveness for his actions in the trails.
		- He is arrested, and confesses to witchcraft in the Court of Oyer and Terminer; however, he escaped the gallows.
		- Member of the Court of Oyer and Terminer; he resigned from the court and had the finger of accusation pointed at him - needless to say he becomes a very strong critic of the trials.
	marbleorchards.com /Salem/page5.htm (374 words)

	This Day in History
		In June 1692, the special Court of Oyer and Terminer ["to hear and to decide"] convened in Salem under Chief Justice William Stoughton to judge the accused.
		Most of those tried were condemned on the basis of the witnesses' behavior during the actual proceedings, characterized by fits and hallucinations that were argued to have been caused by the defendants on trial.
		In October 1692, Governor William Phipps of Massachusetts ordered the Court of Oyer and Terminer dissolved and replaced with the Superior Court of Judicature, which forbade the type of sensational testimony allowed in the earlier trials.
	www.historychannel.com /tdih/tdih.jsp?category=general&month=10272958&day=10272975 (922 words)

	Amazon.com: oyer (Site not responding. Last check: 2007-10-25)
		The great oyer of poisoning: The trial of the Earl of Somerset for the poisoning of Sir Thomas Overbury, in the Tower of London, and various matters connected therewith, from contemporary mss by Andrew Amos (Unknown Binding - Jan 1, 1846)
		Reports of cases adjudged in the Courts of Common Pleas, Quarter Sessions, Oyer and Terminer, and Orphans' Court of the First Judicial District of Pennsylvania: With notes and references by John W Ashmead (Unknown Binding - Jan 1, 1871)
		Gay's London: With Extracts from the Proceedings at the Sessions of the Peace, and Oyer and Terminer for the City of London and County of Middlesex in the Years 1732 and 1733 by Alan Patrick Herbert (Hardcover - Jan 7, 1976)
	www.amazon.com /s?ie=UTF8&search-alias=aps&keywords=oyer&page=1 (467 words)

	Untitled Document (Site not responding. Last check: 2007-10-25)
		Commission of oyer and terminer to Ralph, earl of Westmorland
		Commission of oyer and terminer to William GascoignTeh,omas Westminster Colvyle,< chivaler,' Richard GascoignJeo,hn Conyers and William Waldeby, on complaint bythe abbot of St. Mary's,York,that William HuddeswelJlo,hn de KirkebofyHornseRe,obertStevensonof Popilton, chaplain, Richard Kundale,chaplain, John del Gille of Richemund
		Commission of oyer and terminer to Ralph,baron of Greystok, William
	www.uiowa.edu /~c030149a/wydra/PaperData.htm (8720 words)

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