and _testament_ are a few more examples of the same process, chosen
from a great many.
Naturally many of these words came into the English language just
after the Conquest. The French, being so much nearer to Rome, both
in blood and in space, were a century or two ahead of the Teutons in
their civilization, and the Normans, after their long sojourn on the
Continent, brought with them to England quite a complicated system
of legislature and executive. Besides the Latin words to which we
have referred, there are a large number of legal terms which are not
so easily recognizable as Latin, having passed through Late Latin,
Low Latin, and Early French colloquial speech before they reached
our shores. In some cases they only developed a specifically legal
sense in Late Latin or even Early French. Yet because the whole
spirit of Roman civilization had been so impregnated with legalism,
the capacity for expressing exact legal ideas seems to have remained
latent, through all their curious vicissitudes, in such words as
_assize_ (literally ‘a sitting down’), _court_, _judge_, _jury_,
_county_, _district_, _manor_, _rent_,... Lawyers have gone on
employing a queer kind of Anglo-French, in some cases, right down to
the present day. The official use of “Law French” in legal documents
was only recently abandoned, and such technical terms as _champerty_,
_feme sole_, _tort_, ... survive to remind us of the days when an
English-speaking lawyer would naturally write such a sentence as:
Arsons de measons felonisement faits est felony per le comen ley.
(Arson of houses committed with felonious intent is felony by the
common law.)
_Convey_, _felon_, _forfeit_, _lease_, _mortgage_, _perjury_,
_plaintiff_, and _defendant_, on the other hand, have acquired a
somewhat more general use; and indeed this Frenchified jargon, partly
imported and partly built up by English lawyers as they went along,
has produced in later times several words which the language as a
whole would find it hard to do without. Among them are _assets_
(French ‘assez’), _burglar_, _cancel_, _conventional_, _disclaim_,
_flotsam_ and _jetsam_, _jettison_, _improve_, _matter-of-fact_,
_mere_, “the _premises_”, _realize_, _size_, and—in its modern
sense—_franchise_; while _culprit_, which was used in court down to
the eighteenth century, has an interesting history of its own. In
former days, when the prisoner had pleaded “Not Guilty”, the Clerk of
the Crown would open proceedings by saying “Culpable: prest”, meaning
that the prisoner _is_ “guilty”, and I am “ready” to prove it. In the
official records of the case this formula was abbreviated, first to
‘cul-prest’ and afterwards to ‘cul-prit’, until later clerks formed
the habit of running the two words together.
Public-domain text, read in full here on John Shaqi.
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