39 2 Constitutional Hisfori/. [chap.
The law dies nefasti, the former being the days on which the courts and
terms and . f . o v
vacations. comitia might he held, the dies nefasti those on which they
were forbidden. After the adoption of Christianity the more
solemn seasons of the church took the place of the old dies
nefasti, and were set apart from legal work by the civil and
canon law 1. The distinction is noted in the compilation called
the Laws of Edward the Confessor, which describes the custom
of England as it existed under the justiciar Glanvill ; according
to this rule the peace of God and the church was to be ob-
served from the beginning of Advent to the octave of the
Epiphany, from Septuagesima to the octave of Easter, and from
the Ascension to the octave of Pentecost, besides Sundays and
holy days 2. Undeι∙ these designations the later term days are
denoted ; the octave of Epiphany is the feast of S. Hilary, from
which the Hilary or Lent term begins ; and the octaves of
Easter and Whitsuntide have the same relation to the Easter
and Trinity terms. The ending of the third and the beginning
of the fourth term depended on the harvest ; an operation so
important that not only the schools and the law courts were
closed during its continuance, but even civil war was suspended
by common consent of the parties, and the parliament itself
was prorogued or adjourned during the vacation. The exact
days for beginning and ending business varied in the courts
and universities, and were from time to time altered by legisla-
tion. For parliamentary business the fourth or Michaelmas
term may be considered to have begun on the quindene of S.
Michael, October ɪɜth, the feast of the translation of S. Edward
the Confessor, a memorable and critical day on more than one
occasion of English history3.
Custom or convenience seems in quiet times to have pre-
1 See Reliquiae Spelmannianae, pp. 69 sq. ; Nicolas, Chronology of
History, p. 383.
2 LI. Edw. Conf. § 2 ; cf. Canute, Eccl. § 17; Ethelred, v. § 19, vi.
§ 25∙
3 The Translation of S. Edward was performed on the 13th of October,
1163, by Henry II, archbishop Thomas Becket, and a large number of
bishops and barons ; Surius, AA. SS. tom. i, Jan. 5. fo. 45 ; and a second
time in 1269 on the same day, by Henry IIX and a full assembly of
the estates ; see above, vol. ii. p. ɪoɪ.
XX.]
Anmial Parliaments.
393
scribed these days as fitting days for parliaments ; and no Coincidence
doubt the lawyers, who formed an important element in the Iiamentary
v n . . , . and law
house of commons, found the coincidence of the parliamentary terms,
and legal days of business very opportune for their own in-
terests ; the barons and bishops who had attended the court on
the great festivals may also have found it convenient to remain
in town after the conclusion of the festivities, instead of making
an additional journey. Anyhow, in the great majority of cases,
throughout the middle ages, the day of parliamentary summons
is fixed with reference to the beginning of the Law Terms.
In less quiet times it was impossible to observe such a rule ;
and, after long prorogations and less frequent elections had
become usual, the old days were less regarded. But the im-
portance of the autumnal vacation always made itself felt ;
Edward III in 1352 summoned Onlyhalfthe house of commons,
that harvest might not be neglected1 ; and the same cause,
which in 1215 stayed the outbreak of war until the corn was
got in, led to the prorogation of parliaments under Henry VI
and Edward IV from July to November, the harvest apparently
falling later in the year as time went on and tillage increased.
410. As the political functions of the national parliament Annual
became more prominently important than the judicial work of
the king in his full council, it became a point of public security
that regular and fairly frequent parliaments should be held ;
and the demand for annual parliaments accordingly emerges
very soon after the final admission of representatives of the
commons. We have in a former chapter noted the political
bearing and history of this demand2. The ordinances of 1311 ordered
and acts of parliament in 1330 and 1362 established the ιule
that parliaments should be held annually and oftener if it were
found necessary. The greatest number of sessions held in one
year was four, in the’year 1328 3. As each session involved a
fresh election, and as the wages of the members formed a heavy
item in local taxation, it is no wonder that, except in times of
political excitement, even the annual parliaments became some-
1 See above, vol. ii. p. 428 ; Lords’ Report, iv. 593,
a See above, vol. ii. § 296. з Vol. ii. p. 390.