GAOL Delivery. The administration of justice being originally in the crown, in former times our kings
in person rode through the realm once in seven years, to judge of and determine crimes and offences; afterwards justices in eyre were appointed; and since, justices of assize and gaol delivery, &c. A commission of gaol delivery, is a patent in nature of a letter from the king to certain persons, appointing them his justices, or two or three of them, and authorizing them to deliver his gaol, at such a place, of the prisoners in it: for which purpose it commands them to meet at such a place, at the time they themselves shall appoint; and informs them, that, for the same purpose, the king hath commanded his sheriff of the same county to bring all the prisoners of the gaol, and their attachments, before them at the day appointed.
The justices of gaol delivery are empowered by the common law to proceed upon indictments of felony, trespass, &c. and to order to execution or reprieve: they may likewise discharge such prisoners, as on their trials are acquitted, and those against whom, on proclamation being made, no evidence has appeared: they have authority to try offenders for treason, and to punish many particular offences, by statute, 2 Hawk. 24. 2. Hale's Hist. Placit. Cor. 35.