Charles I, 1640
An Act concerning the Limitation and Abbreviation of Michaelmas Terme.

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History of Parliament Trust

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John Raithby (editor)

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1819

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102-103

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'Charles I, 1640: An Act concerning the Limitation and Abbreviation of Michaelmas Terme.', Statutes of the Realm: volume 5: 1628-80 (1819), pp. 102-103. URL: http://www.british-history.ac.uk/report.aspx?compid=47217 Date accessed: 23 October 2014.


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Inconvenience of Michaelmas Term being so soon after the Feast of St. Michael.; In Michaelmas Terms shall be Six common Days of Return only.; The Days of Return specified.; The Return Days to be observed.; Certain Days of Return not to be called.; When Michaelmas Term to begin.; Full Term of St. Michael when to commence.

Whereas the Terme of Saint Michael comonly called Michaelmas Terme doth begin soe soone after the Feast of Saint Michael that it is generally found to be very inconvenient to his Majesties Subjects both Nobles and others as well for the keeping of the Quarter Sessions next after the Feast of Saint Michael the Archangell and the keeping of theire Leets Law dayes and Court Barons which they can by no meanes attend in regard of the necessity of theire coming to the said Terme soe speedily after the feast of Saint Michael the Archangell to appeare upon Juries and to follow theire Causes and Suites in the Law the same time being the cheife time of all the yeare for the sowing of Land with Winter Corne and for the disposing and setting in order [of (fn. 1) ] all theire Winter Husbandry and busines and for the receiving and paying of Rents and in many parts of this Kingdome Harvest is seldome or never inned till three weekes after the said Feast Therefore the Kings most excellent Majestie out of the Princely care that he hath of all his loving Subjects having a speciall care to the increase and continuance of theire wealth and good estates by the assent of the Lords Spirituall and Temporall and Commons in this present Parliament assembled and by the Authority of the same Ordaineth Enacteth and Establisheth That in the said Michaelmas Terme there shall be six common dayes of Returne only and not above that is to say The first day of Return thereof shall be and be called A die Sancti Michaelis in tres Septimanas The second day of Return of the same Terme shall be and be called A die Sancti Michaelis in unu[m] Mensem The third day of Return of the same Terme shall be and be called In crastino animarum The fourth day of Return of the same Terme shall be and be called In crastino Sancti Martini The fifth day of Return of the same Terme shall be and be called In Octabis Sancti Martini And the sixth day of Return of the said Terme shall be and be called A Die Sancti Martini in quindecim dies And that the same dayes of Return shall be observed in all the high Courts of Record of our Soveraigne Lord the King his Heires and Successors hereafter to be holden at Westminster or other place or places at the assignement or appointment of our Soveraign Lord the King his Heires and Successors And that from and after the Feast of Saint Michael the Archangell next coming there shall not be nor be called any dayes of Return in Octabis sancti Michaelis nor A die sancti Michaelis in quindecim dies nor either of them And that the said Terme of Saint Michael yearely for ever from and after the said Feast of Saint Michael the Archangell next coming begin in and upon the said Tres septimanas sancti Michaelis whensoever it [shall (fn. 2) ] happen to fall (except it be on the Lords day commonly called Sonday and then on the morrow next after) for the keeping of the Essoignes Proffers Returns and other Ceremonies heretofore used and kept in like manner and forme as hath beene used to be done in the day of the Return commonly called Octabis [Saincti (fn. 3) ] Michaelis and that the full terme of Saint Michael shall yearely for ever from and after the [said (fn. 1) ] Feast of Saint Michael next coming in all the aforesaid Courts of Record begin and take his commencement upon the quarto die of the said tres septimanas S[an]cti Michaelis and not before as formerly it hath been used upon the quarto die of Octabis Sancti Michaelis (except it be on the Lords day commonly called Sunday and then on the morrow next after.)

II. How Days shall be given in Writs in real Actions, other than Writs of Entry, of Right of Advowson, or of Dower.

And be it further enacted by the Authority aforesaid that if after the Feast of Saint Michael the Archangel next coming any Writ in any reall Action other then Writs of Entry for common Recoveries and Writs of right of Advouson and Writs of Dower Unde nihil habet hereafter mentioned come in and be returnable in his Majesties Court of Common Pleas in the day of Return of Tres septimanas Sancti Michaelis then day shall be given In Crastino purificac[i]onis beate Marie and if A die Sancti Michaelis in unum Mensem then In Octabis purificac[i]onis beate Marie if In Crastino animarum then In quindena pasche if In Crastino Sancti Martini then A die pasche in [tres septimanas if In Octabis S[an]cti Martini then A die pasche (fn. 1) ] ( (fn. 4) ) unum mensem if In quindena Sancti Martini then In quinq[uire] septimanas pasche if In Octabis Sancti Hilarii then In Crastino Ascenc[i]onis Domini if In quindena Sancti Hilarii then in Crastino Sancte Trinitatis if In Crastino purificac[i]onis beate Marie then [In Octabis S[anct]e Trinitatis if In Octabis purificac[i]onis b[ea]te Marie then (fn. 1) ] In quindena sancte Trinitatis if In quindena pasche then A die Sancte Trinitatis in tres septimanas if A die pasche in tres septimanas then A die Sancti Michaelis in tres septimanas if A die pasche in unum mensem then A die S[an]cti Michaelis in unum mensem if A die pasche in quinque septimanas then In Crastino animarum if In Crastino ascenc[i]onis Domini then In Crastino Sancti Martini if In Crastino sancte Trinitatis then In Octabis sancti Martini if In Octabis sancte Trinitatis then In quindena sancti Martini if In quindena sancte Trinitatis then In Octabis sancti Hilarii if A die sancte Trinitatis in tres septimanas then In quindena Sancti Hillarii.

III. How Days shall be given in Writs of Entry, of Right of Advouwson, and of Dower.

And for the more speedie proceeding in Writs of Dower and Writs of Entry for common. Recoveries to be sued and prosecuted by Writs of Entry or Writs of Right of Advouson. Be it further enacted by the Authority aforesaid That if after the said Feast of Saint Michael the Archangell next coming any Writ of Dower Unde nihil habet or any Writ of Entry whereupon a common Recovery is to be sued or Writs of Right of Advouson be returnable A die Sancti Michaelis in tres septimanas then a day shall be given In Octabis Sancti Martini if A die Sancti Michaelis in unu[m] mensem then In quindena Sancti Martini if In Crastino animarum then In Octabis Sancti Hillarii if In Crastino Sancti Martini then In quindena Sancti Hillarii if In Octabis Sancti Martini then In Crastino purificac[i]onis beate Marie [if In quindena S[an]cti Martini then In Octabis purificac[i]onis b[ea]te Marie (fn. 1) ] if In Octabis Sancti Hillarii then In quindena pasche if In quindena Sancti Hillarii then A die pasche in tres septimanas if In Crastino purificac[i]onis beate Marie then A die pasche in unu[m] mensem if In Octabis purificac[i]onis beate Marie then A die pasche in quinque septimanis if In quindena pasche then In Crastino ascenc[i]onis Domini if A die pasche in tres septimanas then In Crastino Sancte Trinitatis if In Mense pasche then In Octabis Sancte Trinitatis if In quinque septimanas pasche then In quindena Sancte Trinitatis if In Crastino ascenc[i]onis Domini then A die Sancte Trinitatis in tres septimanas if In Crastino Sancte Trinitatis then A die Sancti Michaelis in tres septimanas if In Octabis Sancte Trinitatis then A die S[an]cti Michaelis in unum mensem if In quindena Sancte Trinitatis then In Crastino Animarum if A die sancte Trinitatis in tres septimanas then In Crastino sancti Martini.

IV. In Writs of Dower, after Issue joined, Fifteen Days between the Test and Return sufficient.

Provided neverthelesse and be it likewise enacted by the Authority aforesaid that in all Writts of Dower Unde nihil habet after issue joyned it shall not be needfull or requisite to have above fifteene dayes betwixt the Teste and Return of the Venire Facias [or (fn. 5) ] any other processe to be [sued out for the triall of the said (fn. 5) ] Issue [but that the Writ of Venire Facias & other p[re]cesse after Issue (fn. 5) ] joyned untill Judgement be given having only fifteene dayes betweene the Teste and Return thereof shall be good and effectuall in Law as is used in personall Actions Any Law Statute or usage to the contrary heretofore notwithstanding.

V. Crastino Ascensionis Domini a good Return, although not Fifteen Days, &c.

And be it further Enacted by the Authority aforesaid that from and after the feast of Saint Michael the Archangel now next coming the said day of Return called Crastino Ascenc[i]onis Domini shall be a good and perfect Return to all intents and purposes as any other of the said dayes of Return before menc[i]oned is or hath beene used notwithstanding there be not fifteene dayes betweene the quarto die of the said Return of Crastino Ascenc[i]onis Domini and the Essoine day of the Return of Crastino Sancte Trinitatis.

VI. Writs in personal Actions, having Day from Tres Michaelis till Crastino Animarum good though not Fifteen Days, &c.

And be it further enacted That all Writs and Processe in personall Actions hereafter to be made out of any of his Majesties said Courts at Westminster and having day from Tres Michaelis untill Crastino Animarum shall be good and effectuall in Law notwithstanding there be not fifteene dayes betwixt the quarto die of the said Tres septimanas sancti Michaelis and the dayes of Essoines of Crastino Animarum Any Law Statute or Usage to the contrary heretofore notwithstanding.

VII. Proviso for Writs returnable after Easter 1641.

Provided alwaies and be it further Enacted by the Authority aforesaid That all Writs and Processes to be made from and after the Feast of Easter in the yeare of our Lord God 1641. returnable in Octabis or Quindena sancti Michaelis now next ensuing or having dayes betwext any of the said Returns shall by force of this Act have day unto Tres septimanas sancti Michaelis next and the Parties to the said Writs and Processe shall then appeare and plead and proceed thereupon to all intents and purposes as if the said Writs and Processe had been made returnable A die sancti Michaelis in tres septimanas.

VIII. Writs of Summons ad Warrantizandum, upon common Recoveries, and Writs of Right of Advowson abridged to Five Returns.

And whereas before the making of this Act all Writs of Summons ad Warrantizand against the Vouchees upon Common Recoveries had in Writs of Entry and Writs of Right of Advouson were made for nine Returns inclusive Now for the more speedy perfecting of such Recoveries Be it enacted by the Authority aforesaid That from and after the said Feast of Saint Michael the Archangel next all and every such Writs of Summons ad Warrantizand upon the appearance of the Tenant to every such Writs of Entrie and Writ of Right of Advouson shall and may be made and abridged to five Returns as Writs of Summons ad Warrantizand in Writs of Dower unde nihil habet heretofore have beene used and accustomed.

IX. Common Writs and Process to keep the aforesaid Returns.

And it is further Enacted by the Authority aforesaid That all common Writs and Processe as well personall as mixt which shall fortune to be returnable in the said Michaelmas Terme shall have and keepe the said Returns of A die sancti Michaelis in tres septimanas A die sancti Michaelis in unum mensem In Crastino anima[rum] In Crastino sancti Martini In Octabis sancti Martini and A die sancti Martini in quindecem dies or any of them

X. Special Days for returning Writs, &c. may be appointed as have been used.

Provided alwaies And it is further Enacted by the Authority aforesaid that in such and like cases & Processe as speciall dayes have beene used to be appointed and assigned and given for the returning of Writs and Processe It shall be lawfull to the Justices of every of the Kings said Courts of Record for the time being in all the Processe by them awarded to assigne and appoint speciall dayes of Returns as by theire discretions shall be thought convenient

XI. Days in Assize of Darrein Presentment, and in Plea of Quare impedit, by Stat. Marl.

and in Attaint by 5 E. III. c. 6. and 23 H. VIII. c. 3. not contrary hereto, shall be in force.

Provided alsoe And be it further enacted by the Authority aforesaid That the days in Assize of Darrein presentment and in Plea of Quare impedit limited and appointed by the Statute of Marlebridge and alsoe the dayes to bee given in Attaint limited in the Statute made in the fifth yeare of the Reigne of the Noble King Edward the third And alsoe in the Statute made in the three and twentieth yeare of the Reigne of the late King Henry the eighth of worthy memory being not contrary to the Tenours of this Act shall be holden firme and stable and shall stand in their full force and effect.

Footnotes

1 interlined on the Roll.
2 shalbe O.
3 Sancti O.
4 in O.
5 interlined on the Roll.