Legal Definitions - Court of Oyer and Terminer and General Gaol Delivery

A Court of Oyer and Terminer and General Gaol Delivery is a historical term for a type of criminal court that was granted extensive authority to hear and decide serious criminal cases, and to ensure that all individuals held in jail awaiting trial were promptly processed. The phrase "oyer and terminer" literally means "to hear and determine," referring to the court's power to preside over and resolve major criminal charges. "General gaol delivery" refers to its power to "deliver" or clear the jail by trying all prisoners, preventing indefinite detention without trial. While largely a historical concept in many legal systems, some jurisdictions, such as Pennsylvania, historically designated specific courts with this broad criminal jurisdiction.

Here are some examples to illustrate this concept:

• Example 1: 18th-Century English Assizes

  Imagine a High Court judge in 18th-century England traveling on circuit to a rural county. Upon arrival, this judge would preside over a session of the Court of Oyer and Terminer and General Gaol Delivery.

  How it illustrates the term: This court would be empowered to hear and decide all serious felony cases, such as murder, robbery, or arson, that had occurred in the county. Simultaneously, it would address the cases of every person currently held in the local prison, ensuring that no one remained incarcerated indefinitely without their case being heard and determined, thereby "delivering" the gaol.

• Example 2: Colonial American Justice

  In a newly established American colony during the 17th century, before a fully developed and permanent court system was in place, the colonial governor might issue a special commission for a Court of Oyer and Terminer and General Gaol Delivery to address a backlog of serious crimes.

  How it illustrates the term: This specially convened court would have the authority to try individuals accused of major offenses like piracy, treason, or serious assaults. Its "gaol delivery" function would ensure that all prisoners held in the colonial jail, regardless of the specific charge, were brought before the court for trial or other disposition, preventing overcrowding and ensuring timely justice in a frontier environment.

• Example 3: Historical Pennsylvania Criminal Courts

  In 19th-century Pennsylvania, the Court of Common Pleas in a particular county might also sit as a Court of Oyer and Terminer and General Gaol Delivery when handling its most serious criminal cases.

  How it illustrates the term: If a person in that county was accused of a capital crime, such as first-degree murder, their case would fall under the jurisdiction of the court when it was acting in its capacity as a Court of Oyer and Terminer. This designation highlighted its specific authority to "hear and determine" the gravest offenses and to manage the disposition of all individuals held in the county's prison, reflecting its comprehensive criminal mandate.