The Key to the Family Deed Chest: How to Decipher and Study Old Documents: Being a Guide to the Reading of Ancient ManuscriptsThoyts, Emma Elizabeth
History
The Key to the Family Deed Chest: How to Decipher and Study Old Documents: Being a Guide to the Reading of Ancient Manuscripts
Thoyts, Emma Elizabeth
Diplomatics -- Great Britain; Paleography -- Handbooks, manuals, etc.
The law-Latin, as used in England, degenerated greatly; it became
interspersed with words of native origin, Latinized by the lawyer.
Old court-rolls especially are full of obsolete words; so, too, are
the public rolls, but there are now many dictionaries explaining their
meanings. Although of course, here and there an unknown word may occur,
yet the context will usually explain or help towards its significance.
The legal Latin became, finally, merely a series of mechanical forms;
these at last were translated into English. For this reason a careful
study of the wording of a deed of the eighteenth century in English
will show that it is the counterpart of the same class of document in
its older Latin form.
Latin, like Norman-French, had had its day and was dying out. Finally,
by George III.’s Act of Parliament the native language was ordered to
be used for law work, and now Latin has become obsolete, so far as
practical work is concerned. Understanding old legal Latin--once a
necessity for a lawyer--has now become an antiquarian profession. One
relic of Anglo-Saxon remained on in our language for many centuries.
The double letter þ, ‘th,’ will be found in the written copies of
monkish chartularies for place-names beginning with ‘th.’ Even so
late as the fifteenth century we find it freely employed in English
documents. I possess a copy of the criminal charges made against De
la Pole, Duke of Suffolk, for high treason, 1450. Throughout the
manuscript the Saxon þ appears in such words as ‘other,’ ‘that,’ ‘the,’
etc., which look curious written ‘oþer,’ ‘þt,’ ‘þe.’
The þ in some words was printed ‘y,’ which continued in use until the
last century. I am not aware of any place-names having been altered
by this change of lettering, but it is quite possible that some
changes may have occurred through it. It would be easy for a person
unaccustomed to the Saxon þ to mistake it for other letters, as ‘th,’
‘p,’ or ‘y’ must be followed either by a vowel or the consonant ‘r,’
‘ph’ in old documents being usually replaced by an ‘f.’
Of late years many absurd mistakes have been made by the Ordnance
Surveyors in their maps, who, mistaking the local dialect, or from
preconceived ideas as to what the names ought to be, have set down
many incorrectly. On this subject I wrote formerly in a paper in
the _Berkshire Archæological Magazine_. A man from the South
of England fails to comprehend the Northern or Western dialects.
Country-folk from the North cannot understand a word spoken by
Southerners; this also would account for errors. Spelling, of course,
has so much altered that it is no safe guide towards derivation;
phonetic pronunciation of a word is more likely to give a clue to the
origin. Field-names have been handed down orally from generation
to generation; and it is very curious to observe how faithfully the
phonetic sounds have been preserved among an illiterate people, long
after the meanings of the words have disappeared.
Public-domain text, read in full here on John Shaqi.
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