Latin

An important language in the law; being the language not only of the civil and canon law, but of the early European codes, of much of the ancient common law of England and Scotland, and of a large proportion of the public, civil and maritime law of later times. The Code and Institutes exhibit the language in the periods of its decline and decay, and the Latin of most of the subsequent law belongs to that peculiar and technical dialect known as low Latin, or law Latin. The value of the Latin is in its superior conciseness which has made it the appropriate language of law maxims, and in its almost unlimited capacity of condensation by means of abbreviations and contractions, many of which are retained in popular use at the present day. LATINI JUNIANI (Lat.)

In Roman law. A class of freedmen (libertini) intermediate between the two other classes of freedmen called, respectively, "Cives Romani" and "Dediticii." Slaves under thirty years of age at the date of their manumission, or manumitted otherwise than by vindicta, census, or testamentum, or not the quiritary property of their manumissors at the time of manumission, were called "Latini." By reason of one or other of these three defects, they remained slaves by strict law even after their manumission, but were protected in their liberties first by equity, and eventually by the Lex Junia Norbana, A. D. 19, from which law they took the name of "Juniani" in addition to that of "Latini." Brown. LATITAT (Lat. he lies hid.)

In English law. The name of a writ calling a defendant to answer to a personal action in the king's bench. It derives its name from a supposition that the defendant lurks and lies hid, and cannot be found in the county of Middlesex (in which the said court is holden) to be taken there, but is gone into some other county, and therefore requiring the sheriff to apprehend him in such other county. Fitzh. Nat. Brev. 78.

The language of the ancient Romans. See Lanoxtaos; Maxims.

The language not only of the civil and the canon law, but of the early European codes, of much of the old common law of England and Scotland, and of a large portion of the public, civil and maritime law of later times. The Latin of the law subsequent to the Code and the Institutes of the Roman law is, however, of the words formed from the English by addition of a Latin termination, and being virtually a variety of what is called low Latin, the Latin of the middle ages.

The language of the ancient Romans. There are three sorts of law Latin: (1) Good Latin, allowed by the grammarians and lawyers; (2) false or incongruous Latin, which in times past would abate original writs, though it would not make void any judicial writ, declaration, or plea, ete.; (3) words of art, known only to the sages of the law, and not to grammarians, called “Lawyers’ Latin.” Wharton.

Compare French. Pleadings and records were at first written in the Latin language; later, in the Norman or law-French. The arguments of counsel and the decisions of the courts were likewise in Latin. " Law -Latin " is a technical language, easily apprehended, and durable. On these accounts it is suited to preserve memorials intended for perpetual rules of action. In the time of Cromwell (1649-60), recordswere written in English. Upon the restoration of Charles n (1660), that innovation was discountenanced: practitioners found the Latin the more concise and significant. Statute of 4 Geo. n (1730). c. 26, directed that proceedings should again be written out in English, that the common people might understand somewhat of processes, pleadings, record entries, etc. But the translations of many phrases, names of writs and processes (such as nisi prius, fieri facias, habeas corpus), sounded so ridiculous that, two years later, by 6 Geo. n, c. 14, all technical terms were allowed to remain in Latin, As regards its technical expressions, the law merely stands upon the same footing as other studies.* The conciseness, expressiveness, and condensability of the Latin language fitted it for preserving the principles of jurisprudence. The civil and canon laws were in Latin, and quoted in the original, as often aa translated. After the Conquest, the conflict between Saxon and French promoted the use of an available neutral speech. As the use and knowledge of Latin declined, misuse of its terms became frequent. See Arhaiqn. LAUlfCH. A vessel already in the water cannot be " launched," the meaning of which in such cases is, " to cause to move or slide from the land into the water." 2

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.