Legal Definitions - Commission of Oyer and Terminer

The Commission of Oyer and Terminer was a historical legal instrument, essentially a special authorization issued by a monarch in England. This commission empowered a designated judge or group of judges to travel to specific regions and preside over serious criminal cases, particularly those involving felonies and treason. The authority granted by this commission allowed the judges not only to "hear" (meaning to investigate and receive indictments from a grand jury) but also to "determine" (meaning to conduct trials and pass judgment with a petit jury) these significant legal matters. It was a critical mechanism for administering royal justice throughout the kingdom, especially in areas distant from central courts.

Here are some examples illustrating the application of a Commission of Oyer and Terminer:

• Post-Rebellion Justice: Following a failed uprising in a remote county, the King issues a Commission of Oyer and Terminer to a trusted judge. The judge travels to the affected county with the specific mandate to oversee the grand jury's investigation into who participated in the rebellion (a form of treason) and then to preside over the trials of those indicted. This demonstrates the judge's authority to both "hear" (inquire into the accusations) and "determine" (conduct the trials and deliver verdicts) serious criminal matters directly on behalf of the Crown.

• Addressing a Local Crime Spree: Imagine a market town and its surrounding villages are plagued by a series of violent robberies and murders, overwhelming local constables. To restore order and ensure justice, the monarch issues a Commission of Oyer and Terminer. A judge is dispatched to the affected region, specifically authorized to investigate these felonies using a grand jury to bring indictments and subsequently conduct trials for any individuals indicted, thereby "hearing" the accusations and "determining" their guilt or innocence with the help of a petit jury.

• High-Stakes Smuggling Ring: Consider a powerful smuggling ring operating along a remote stretch of coastline, suspected of widespread felony theft and possibly even treasonous dealings with foreign powers. Local authorities are either overwhelmed or potentially compromised. The Crown issues a Commission of Oyer and Terminer to an impartial judge, granting them the extraordinary power to travel to the coastal region. This judge is then able to convene a grand jury to investigate the full extent of the smuggling operation and its potential treasonous connections, and subsequently to preside over the trials of any individuals indicted for these serious offenses, ensuring that justice is administered directly by royal authority.