Commissions of Oyer and terminer in fifteenth century England

Abstract

The workings of the courts held under commissions of Oyer and terminer were studied from the records of sessions preserved in the King's Bench records. It was established that the Oyer and terminer as it functioned in the fifteenth century was a distinct and independent part of the system of itinerating royal justice, which dealt with serious criminal offences rather than habitual crimes. They were never issued at regular intervals but to meet dangerous situations as they arose. There were two forms of the commission, the general and the particular. The first had broad flexible powers and was distinguished by its jurisdiction over a circuit of counties, and the important role played by the King's councillors, local magnates and justices of the Bench. The second was an older form. It was issued either to redress a private complaint or to deal with some specific issue of public interest. The private commissions declined in number during the fifteenth century, while the general were used with great frequency. Due to its special jurisdiction over treason, the general commissions were particularly numerous during the mid fifteenth century. Most of the courts dealing with Cade's rebellion were held under commissions of Oyer and terminer. Many were issued during the civil wars. The commissions functioned within the forms of the common law. They were only moderately effective in settling the cases before them, but where a powerful group of justices were present they succeeded in taking action where other courts had failed. The value of the sessions as a source lies in showing the effect of a national crisis on the local scene, and the importance of influence in obtaining justice. They also reveal the great extent of violence among the higher classes of society.