From the Conquest till the latter half of the fourteenth century the
pleadings in courts of justice were in Norman-French; but in the 36 Ed.
III., it was ordained by the king "that all plees, which be to be pleded
in any of his courts, before any of his justices; or in his other
places; or before any of his other ministers; or in the courts and
places of any other lords within the realm, shall be pleded, shewed, and
defended, answered, debated, and judged in the English tongue, and that
they be entred and enrolled in Latine. And that the laws and customs of
the same realm, termes, and processes, be holden and kept as they be,
and have been before this time; and that by the antient termes and forms
of the declarations no man be prejudiced; so that the matter of the
action be fully shewed in the demonstration and in the writ." Long
before this wise measure of reform was obtained by the urgent wishes of
the nation, the French of the law courts had become so corrupt and
unlike the language of the invaders, that it was scarcely more
intelligible to educated natives of France than to most Englishmen of
the highest rank. A jargon compounded of French and Latin, none save
professional lawyers could translate it with readiness or accuracy; and
whilst it unquestionably kept suitors in ignorance of their own affairs,
there is reason to believe that it often perplexed the most skilful of
those official interpreters who were never weary of extolling his
lucidity and precision.
But though English lawyers were thus expressly forbidden in 1362 to
plead in Law-French, they persisted in using the hybrid jargon for
reports and treatises so late as George II.'s reign; and for an equal
length of time they seized every occasion to introduce scraps of
Law-French into their speeches at the bars of the different courts. It
should be observed that these antiquarian advocates were enabled thus to
display their useless erudition by the provisions of King Edward's act,
which, while it forbade French _pleadings_, specially ordained the
retention of French terms.
Public-domain text, read in full here on John Shaqi.
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