A commission of oyer and terminer ought not to issue but for enormous crimes. A supersedeas issues to these commissioners to surcease their proceediirigs, they surcease ; a procedendo comes to them afterwards without a new commission ; these commissioners may well proceed upon it. The King may discharge or annul this commission ; he cannot delay, discharge, or stay the proceedings of justice between the subjects by any mandate under the great or privy seal, the commission or patent of the justices being in force : but he may in his own case, so understand this case. By all the justices. Rex quod est injustum facere non potest.
Citations:
[1220] EngR 94, (1220-1623) Jenk 9, (1220) 145 ER 7 (E)
Links:
Criminal Practice
Updated: 18 May 2022; Ref: scu.461006
