Directions to Young Clerks in the Court of Kings Bench, for making the Process of the said Court Retornable, both at Days Certain and Ʋbicunque; with other Directions in order thereunto.

By JOHN WARTER, SEN. GENT. Deceased.

How to know the Beginning and Ending of every Term in the Year, without any other use of an Almanack, than to find what day of the Week Michaelmas Day happeneth; which being found, that day three Weeks after is the Essoyne day of Michaelmas Term, and the Quarto die post inclusive is the first day of the Term, which is always the three and twentieth day of October if it be not Sunday, but if Sunday, then the four and twentieth day, and endeth the eight and twentieth day of November if not Sunday, and if Sunday, then it endeth the nine and twentieth day, and the last day of every Term, is the Quarto die post inclusive of the Essoyne day of the last Retorn.

Michaelmas Term.THIS Term Contains in it Five Complete Weeks and two Days, and hath six Retorns, which are thus to be Written.

  • 1 A die sancti Michaelis in tres septimanas ubicunque tunc fuerimus in Anglia,
  • 2 A die sancti Michaelis in unum mensem ubicunque, &c.
  • 3 In Crastino Animarum ubicunque, &c.
  • 4 In Crastino Sancti Martini ubicunque, &c.
  • 5 In Octabas sancti Martini ubicunque, &c.
  • 6 A die sancti Martini in quindecim dies ubicunque, &c.

Hillary Term beginneth the three and twentieth day of January, if not Sunday, &c. which is always that day eight Weeks on which Michaelmas Term ended, and endeth the twelfth day of February, if not Sunday, &c. being always the same day of the Week that Michaelmas Term beginneth.

Hillary Term.This Term Contains in it three Complete Weeks, and hath four Retorns, which are thus to be Written.

  • 1 In Octabas sancti Hillarii ubicunque, &c.
  • 2 A die sancti Hillarii in quindecim dies ubicunque, &c.
  • 3 In Crastino Purificationis Beatae Mariae Virginis ubicunque, &c.
  • 4 In Octabas Purificationis Beatae Mariae Virginis ubicunque, &c.

Easter Term beginneth the Wednesday Fortnight after Easter Day, its Essoyne day being Sunday before, but held on Monday, and ends on Monday before Whitsunday.

Easter Term.This Term Contains in it three Complete Weeks and six Days, and hath five Retorns, which are thus to be Written.

  • 1 A die Paschae in quindecim dies ubicunque, &c.
  • 2 A die Paschae in tres septimanas ubicunque, &c.
  • 3 A die Paschae in unum mensem ubicunque, &c.
  • 4 A die Paschae in quinque septimanas ubicunque, &c.
  • 5 In Crastino Ascensionis Domini ubicunque, &c.

Trinity Term beginneth the Friday after Trinity Sunday, its Essoyne day being Monday before, and ends on Wednesday Fortnight after the Term beginneth.

Trinity Term.This Term Contains in it three Weeks wanting one Day, and hath four Retorns, which are thus to be Written.

  • 1 In Crastino sanctae Trinitatis ubicunque, &c.
  • 2 In Octabas sanctae Trinitatis ubicunque, &c.
  • 3 A die sanctae Trinitatis in quindecim dies ubicunque, &c.
  • 4 A die sanctae Trinitatis in tres septimanas ubicunque, &c.

Writs [...] All Writs of Scire facias Quare non, and Ad Audiendum Errores, upon Writs of Error out of the Common Pleas and out of Inferior Courts, all Writs of Capias ad satisfaciendum, Fieri facias, and other Judicial Writs after Judgments affirmed, all process to the Outl [...]y, Retornamentum habendum, Capias in Withernam, and all other Writs and Process grounded upon any Recordari facias Loquelam, Audita Querela, Accedas ad Curiam, Capias si Laicus, or any other Original Writ out of Chancery.

[...] That there must be fifteen days Exclusive between the Teste and Retorn of all ubicunque Writs, unless dispenced with by Act of Parliament: To which purpose there be two Statutes, the one in [...] Septimo Caroli Primi Capite Sexto (by which Statute the two then first Retorns of Michaelmas Term, (viz.) Octabas Michaelis and Quindena Michaelis were taken away) by which provision is made, That all Writs and Process in personal Actions, having day from Tres Michaelis till Crastinum Animarum, shall be good and effectual in Law, notwithstanding there be not fifteen days between the Quarto die of Tres Michaelis, and the day of Essoyne of Crastinum Animarum. The other in Decimo Tertio Caroli Secundi, Capite Secundo, Secunda Sessione, by which also provision is made, that in all Personal Actions, and Actions of Ejectione firme, brought by Origi­nal, there shall not need to be fifteen days between the Teste and Retorn of any Writ or Writs of Venire facias, Habeas Corpora, Distringas Juratorum, Fieri facias, or Capias ad satisfaciendum, and that the want thereof shall not be Error. Except the Capias ad satisfaciendum, whereon an Exegent after Judgment is to be Awarded, and a Capias ad satis­faciendum against the Defendant to make Bayl liable: And thus far touching Writs Retornable ubicunque.

Of Writs Retornable at Days certain.

[...] The Lattitat, alias Capias, pluries Capias, Bill of Middlesex, Distringas nuper Vice-Comitem, Habeas Corpus super Cepi Corpus, Habeas Corpus ad Faciendum & Recipiendum, and all other Process thereupon, both before and after Judgment, must be Retornable at Days certain, and may be so made upon any day in Term, that is Dies Juridicus; but if you make them Retornable upon the Essoyne day of any Retorn, the day of the Week must be Named in certain, as Die Lunae in Mense Michaelis die Martis in Crastino A­nimarum, and all other days of the Week, they must be such a day post such a Retorn, as Die Lunae proximae post tres septimanas sancti Michaelis, die Martis proximi post Crastinum sancti Martini, &c.

[...] There is one day in every Michaelmas Term, which cannot properly be said to be in or post any Retorn, which is the eleventh day of November Yearly, for Crastino Ani­marum is always the third of November, and the next Retorn after being Crastino Martini is the twelfth of November, between which two Retorns one day of the Week falls twice, as Example, this present Year, 1675. Crastino Animarum is on Friday, and the next day is Sabbati proximi post Crastinum Animarum, and the eleventh of November is another Saturday on the next Retorn day, and it is to be written, Sabbati in Festo San-cti Martini, and so Yearly, according to the day of the Week whereon the Feast of St. Martin hapneth.

[...] All Saints and all Souls, being the first and second days of November in Michaelmas Term, the Feast of the Purification being the second of February in Hillary Term, As­cension day in Easter Term, and Midsomer day in Trinity Term, if it happen to be in Term time.

[...] That in Easter Term [...]ll the Essoyne days of every Retorn are on Sundays, except the last Retorn, which is Crastino Ascensionis, and so are all the Essoyne days of the Re­torns of Trinity Term, e [...]cept the first which is Crastino sancti Trinitatis, by reason whereof every Dies Juridicus in Easter Term (except Veneris in Crastino Ascensionis) is post some Retorn or other, and every Dies Juridicus in Trinity Term is post some Retorn or other of that Term.

[...]. That the same day of the Week that every Term begins, is a sure day to make Writs retornable upon through all the Retorns of every Term, except the last Retorn; and never happens upon any day that is not Dies Juridicus, unless Midsomer day chance to fall in Term time, and on the same day of the Week that the Term begins, as it did in the Year 1664. which is but rare.

LONDON, Printed for and Sold by William Warter Stationer, at the Sign of the Talbot over against the East End of St. Dunstan's Church in Fleetstreet, where you may be furnished with all sorts of blank Bonds, blank Writs, blank Warrants for Justices, Licenses for Alehouses, blank Indentures for Apprentices, blank Indentures to put out Parish Children by the Justices of the Peace, blank Declarations in Ejectment in the King's Bench or Common Pleas, blank Rules in Ejectment in the King's Bench, blank bayl Bonds for Appearance, blank Tickets for Subpena's for London, Westminster, or the Assizes, or for any other Court, blank Warrants of Attor­ney to confess Judgment, or to Acknowledge Satisfaction on Record, blank Affidavits for Burying in Woollen, blank Deffeazances upon Judgment, or any other sorts of blanks, which are Printed for and sold by the said William Warter, 1680.

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