“[U]nder the commission of Oyer and Terminer, as the judges are directed to inquire as well as to hear and de-termine the same, they can only proceed upon an indictment found at the same assize, and before themselves; for they must first inquire by means of the grand jury or inquest, before they are empowered to hear and determine by the intervention of the petit jury.” 1 Joseph Chitty, A Practical Treatise on the Criminal Law 142 (2d ed. 1826).
commission of oyer and terminer
Commission of Oyer and Terminer (oy-[schwa]r an[d] t[schwa]r-m[schwa]-n[ schwa]r). [Law French oyer et terminer “to hear and determine”] Hist. A royal appointment authorizing a judge (often a ser-jeant-at-law) to go on the assize circuit and hear felony and treason cases. Cf. DE AUDIENDO ET TERMI-NANDO ; COMMISSION OF GAOL DELIVERY; COURT OF OYER AND TERMINER.
