THE LAW TERMS.

_Term_ is derived from _Terminus_, the heathen god of boundaries,

landmarks, and limits of time. In the early ages of Christianity the

whole year was one continued term for hearing and deciding causes; but

after the establishment of the Romish church, the daily dispensation of

justice was prohibited by canonical authority, that the festivals might

be kept holy.

Advent and Christmas occasioned the winter vacation; Lent and Easter the

spring; Pentecost the third; and hay-time and harvest, the long

vacation between Midsummer and Michaelmas.

Each term is denominated from the festival day immediately preceding its

commencement; hence we have the terms of St. Hilary, Easter, the Holy

Trinity, and St. Michael.

There are in each term stated days called _dies in banco_, (days in

bank,) that is, days of appearance in the court of common bench. They

are usually about a week from each other, and have reference to some

Romish festival. All original writs are returnable on these days, and

they are therefore called the return days.

The first return in every term is, properly speaking, the first day of

the term. For instance, the octave of St. Hilary, or the eighth day,

inclusive, after the saint’s feast, falls on the 20th of January,

because his feast is on the 13th of January. On the 20th, then, the

court sits to take _essoigns_, or excuses for non-appearance to the

writ; “but,” says Blackstone, “as our ancestors held it beneath the

condition of a freeman to appear or to do any thing at the precise time

appointed,” the person summoned has three days of grace beyond the day

named in the writ, and if he appear on the fourth day inclusive it is

sufficient. Therefore at the beginning of each term the court does not

sit for despatch of business till the fourth, or the appearance day,

which is in Hilary term, for instance, on the 23d of January. In Trinity

term it does not sit till the fifth day; because the fourth falls on the

great Roman catholic festival of _Corpus Christi_. The first

_appearance_ day therefore in each term is called the first day of the

term; and the court sits till the _quarto die post_, or appearance day

of the last return, or end of the term.

In each term there is one day whereon the courts do not transact

business; namely, on Candlemas day, in Hilary term; on Ascension day, in

Easter term; on Midsummer day, in Trinity term; and on All Saints’ day,

in Michaelmas term. These are termed _Grand_ days in the inns of court;

and _Gaudy_ days at the two universities; they are observed as _Collar_

days at the king’s court of St. James’s, for on these days, knights wear

the collars of their respective orders.

* * * * *

An old January journal contains a remarkable anecdote relative to the

decease of a M. Foscue, one of the farmers-general of the province of

Languedoc. He had amassed considerable wealth by means which rendered

him an object of universal detestation. One day he was ordered by the

government to raise a considerable sum: as an excuse for not complying

with the demand, he pleaded extreme poverty; and resolved on hiding his

treasure in such a manner as to escape detection. He dug a kind of a

cave in his wine-cellar, which he made so large and deep, that he used

to go down to it with a ladder; at the entrance of it was a door with a

spring lock on it, which on shutting would fasten of itself. He was

suddenly missed, and diligent search made after him; ponds were drawn,

and every suggestion adopted that could reasonably lead to his

discovery, dead or alive. In a short time after, his house was sold; and

the purchaser beginning to make some alterations, the workmen discovered

a door in the wine-cellar with a key in the lock. On going down they

found Foscue lying dead on the ground, with a candlestick near him, but

no candle in it. On searching farther, they found the vast wealth that

he had amassed. It is supposed, that, when he had entered his cave, the

door had by some accident shut after him; and thus being out of the call

of any person, he perished for want of food, in the midst of his

treasure.

The Every-day Book and Table Book, v. 1 (of 3) or Everlasting Calendar of Popular Amusements, Sports, Pastimes, Ceremonies, Manners, Customs and Events, Incident to Each of the Three Hundred and Sixty-five Days, in past and Present Times; Forming a Complete History of the Year, Month, and Seasons, and a Perpetual Key to the Almanac · 第 41 / 982 题