Oyer and terminer in the context of Petit jury


Oyer and terminer in the context of Petit jury

⭐ Core Definition: Oyer and terminer

In English law, oyer and terminer (/ˈɔɪ.ər ...ˈtɜːrmɪnər/; a partial translation of the Anglo-French oyer et terminer, which literally means 'to hear and to determine') was one of the commissions by which a judge of assize sat. Apart from its Law French name, the commission was also known by the Law Latin name audiendo et terminando, and the Old English-derived term sac and soc.

By the commission of oyer and terminer the commissioners (in practice the judges of assize, though other persons were named with them in the commission) were commanded to make diligent inquiry into all treasons, felonies and misdemeanours whatever committed in the counties specified in the commission, and to hear and determine the same according to law. The inquiry was by means of the grand jury; after the grand jury had found the bills of indictment submitted to it, the commissioners proceeded to hear and determine by means of the petit jury. The words oyer and terminer were also used to denote the court that had jurisdiction to try offences within the limits to which the commission of oyer and terminer extended.

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Oyer and terminer in the context of Salem witch trials

The Salem witch trials were a series of hearings and prosecutions of people accused of witchcraft in colonial Massachusetts between February 1692 and May 1693. More than 200 people were accused. Thirty people were found guilty, nineteen of whom were executed by hanging (fourteen women and five men). One other man, Giles Corey, died under torture after refusing to enter a plea, and at least five people died in the disease-ridden jails without trial.

Although the accusations began in Salem Village (known today as Danvers), accusations and arrests were made in numerous towns beyond the village notably in Andover and Topsfield. The residency of many of the accused is now unknown; around 151 of those people are able to be traced back to twenty-five different New England communities. The grand juries and trials for this capital crime were conducted by a Court of Oyer and Terminer in 1692 and by a Superior Court of Judicature in 1693, both held in Salem Town (the regional center for Salem Village), where the hangings also took place. It was the deadliest witch hunt in the history of colonial North America. Fourteen other women and two men were executed in Massachusetts and Connecticut during the 17th century. The Salem witch trials only came to an end when serious doubts began to arise among leading clergymen about the validity of the spectral evidence that had been used to justify so many of the convictions, and due to the sheer number of those accused, "including several prominent citizens of the colony".

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Oyer and terminer in the context of Oxford circuit

The assizes (/əˈszɪz/), or courts of assize, were periodic courts held around England and Wales until 1972, when together with the quarter sessions they were abolished by the Courts Act 1971 and replaced by a single permanent Crown Court. The assizes exercised both civil and criminal jurisdiction, though most of their work was on the criminal side. The assizes heard the most serious cases, most notably those subject to capital punishment or, later, life imprisonment. Other serious cases were dealt with by the quarter sessions (local county courts held four times per year), while the more minor offences were dealt with summarily by justices of the peace in petty sessions (also known as magistrates' courts).

The word assize refers to the sittings or sessions (Old French assises) of the judges, known as "justices of assize", who were judges who travelled across the seven circuits of England and Wales on commissions of "oyer and terminer", setting up court and summoning juries at the various assize towns.

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