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TERM

Volume 20 · 1,125 words · 1815 Edition

in Law, is generally taken for a limitation of time or estate; as, a lease for term of life or years. Term, however, is more particularly used for that time wherein our courts of justice are open: in opposition to which, the rest of the year is called vacation.

in Grammar, denotes some word or expression in a language.

The word term, terminus, is borrowed metaphorically, by the grammarians and philosophers, from the measurers or surveyors of lands: as a field is defined and distinguished by its termini, or limits, so is a thing or matter spoken of by the word or term it is denoted by.

TERM in the Arts, or TERM of Art, is a word, which, besides the literal and popular meaning which it has or may have in common language, bears a further and peculiar meaning in some art or science.

TERMS, the several times or seasons of the year, wherein the tribunals, or courts of judicature, are open to all who think fit to complain of wrong, or to seek their rights by due course of law, or action; and during which the courts in Westminster-hall sit and give judgement. But the high court of parliament, the chancery, and inferior courts, do not observe the terms; only the courts of king's-bench, common-pleas, and exchequer, which are the highest courts at common law. In contradistinction to these, the rest of the year is called vacation.

Of these terms there are four in every year, during which time matters of justice are dispatched. Hilary-term, which, at London, begins the 23d day of January, or if that be Sunday, the next day after; and ends the 12th of February following. Easter-term, which begins the Wednesday fortnight after Easter-day, and ends the Monday next after Ascension-day. Trinity-term, beginning the Friday next after Trinity-Sunday, and ending the Wednesday fortnight after. Michaelmas-term, which begins the sixth day of November, and ends the 28th of November following. Each of these terms have also their returns. These terms are supposed by Mr Selden to have been instituted by William the Conqueror; but Sir H. Spelman hath shewn, that they were gradually formed from the canonical constitutions of the church; being no other than those leisure seasons of the year which were not occupied by the great festivals or fasts, or which were not liable to the general avocations of rural business. Throughout all Christendom, in very early times, the whole year was one continual term for hearing and deciding causes. For the Christian magistrates, in order to distinguish themselves from the heathens, who were very superstitious in the observation of their dies fasti and nefasti, administered justice upon all days alike; till at length the church interposed, and exempted certain holy seasons from being profaned by the tumult of forensic litigations; as, particularly, the time of Advent and Christmas, which gave rise to the winter vacation; the time of Lent and Easter, which created that in the spring; the time of Pentecost, which produced the third; and the long vacation, between midsummer and Michaelmas, which was allowed for the hay-time and harvest. All Sundays also, and some peculiar festivals, as the days of the purification, ascension, &c. were included in the same prohibition, which was established by a canon of the church, A.D. 517, and fortified by an imperial constitution of the younger Theodosius, comprised in the Theodosian code. Afterwards, when our own legal constitution was established, the commencement and duration of our law-terms terms were appointed, with a view to these canonical prohibitions; and it was ordered by the laws of King Edward the Confessor, that from Advent to the octave of the Epiphany, from Septuagesima to the octave of Easter, from the Ascension to the octave of Pentecost, and from three in the afternoon of all Saturdays till Monday morning, the peace of God and holy church shall be kept throughout the whole kingdom.

And so extravagant was afterwards the regard paid to these holy times, that though the author of the Mirror mentions only one vacation of considerable length, containing the months of August and September, yet Britton says, that in the reign of King Edward I. no secular plea could be held, nor any man sworn on the Evangelists, in the time of Advent, Lent, Pentecost, harvest, and vintage, the days of the great litanies, and all solemn festivals. He adds, that the bishops and prelates granted dispensations for taking affizes and juries in some of these holy seasons, upon reasonable occasions; and soon after a general dispensation was established in parliament by stat. Westm. 1. 3 Edw. I. cap. 51. that affizes of novel diffisin, mort d'ancestor, and darren presentment, should be taken in Advent, Septuagesima, and Lent, as well as inquests; at the special request of the king to the bishops. The portions of time that were not included within these prohibited seasons fell naturally into a fourfold division; and from some festival, or saint's day, that immediately preceded their commencement, were denominated the terms of St Hilary, of Easter, of the Holy Trinity, and of St Michael: which terms have been since regulated and abbreviated by several acts of parliament; particularly Trinity-term by stat. 32 Hen. VIII. cap. 2. and Michaelmas-term by stat. 16 Car. I. cap. 6. and again by stat. 24 Geo. II. cap. 48.

TERMS, Oxford. Hilary or Lent-term begins January 14th, and ends the Saturday before Palm-Sunday. Easter-term begins the tenth day after Easter, and ends the Thursday before WhitSunday. Trinity-term begins the Wednesday after Trinity-Sunday, and ends after the act, or 6th of July, sooner or later, as the vice chancellor and convocation please. Michaelmas-term begins October the 10th, and ends December the 17th.

TERMS, Cambridge. Lent term begins January the 14th, and ends Friday before Palm-Sunday. Easter-term begins the Wednesday after Easter-week, and ends the week before WhitSunday. Trinity-term begins the Wednesday after Trinity-Sunday, and ends the Friday after the commencement, or 2d of July. Michaelmas-term begins October the 10th, and ends December the 16th.

TERMS, Scottish. The court of session has two terms, the winter and summer. The winter begins on 12th November, and ends 11th March, only there is a recess of three weeks at Christmas. The summer term commences, 12th May, and ends 11th July. The court of exchequer has four terms: 1. Candlemas term begins 15th January, and ends 3d February; 2. Whitfuntide term begins 12th May, and ends 2d June; 3. Lammasterm begins 17th June, and ends 5th July; 4. Martinmas term begins 24th November, and ends 20th December.

TERMS, Irish. In Ireland the terms are the same as at London, except Michaelmas term, which begins October the 13th, and adjourns to November the 3d, and thence to the 6th.