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Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879

Dictionary of Terms and Phrases Used in American or English Jurisprudence

Three causes made the Latin language useful and important in early English jurispnidence: 1. Its conciseness, expressiveness, and adaptability to condensation fitted it, in early times, to be the medium of preserving the principles of jurisprudence, in the same manner as it has been widely preferred for communication of philosophic, scientific thought, and information generally.

2.

The civU and canon laws, and many of the early European codes, were couched in Latin, and were received by the English people in that language; hence they might often be quoted in the original, as well as transthe French tongues naturally promoted the use of any neutral speech which might be available. Other influences of less importance co-operated with these; hence Latin was, in ancient English jurisprudence, the language of statutes and formal treatises; and, by Stat. 36 Edw. III. ch. 15, all pleas were dii-ected to be debated in English, but to be i-e- Qorded in Latin. English gradually predominated, however, until Stats. 4 Geo. II. ch.

26, and 6 Geo. II. ch.

14, declared that all judicial proceedings and records should be in English. During the gradual decline in the use of Latin in the courts, faulty and erroneous employment of it was, of course, frequent. Early legal authorities discriminate three kinds: 1. Good Latin, allowed by grammarians and lawyers.

2.

False, or incongruous Latin, which, in times past, would abate original writs; though not make void any judicial writ, declaration, or plea, &o.

3.

Words of art, known only to the sages of the law, and not to grammarians.

See Law Latin.