LANGUAGE. The faculty1 which men possess of communicating their perceptions and ideas to one another by means of articulate sounds. This is the definition of spoken language; but ideas and perceptions may be communicated without sound by writing, and this is called written language. By conventional usage certain sounds have a definite meaning in one country or in certain countries, and this is called the language of such country or countries, as the Greek, the Latin, the French or the English language. The law, too, has a peculiar2 language. Vide Eunom. Dial. 2; Technical.
2. On the subjugation3 of England by William the Conqueror4, the French Norman language was substituted in all law proceedings5 for the ancient Saxon. This, according to Blackstone, vol. iii. p. 317, was the language of the records, writs6 and pleadings, until the time of Edward III. Mr. Stephen thinks Blackstone has fallen into an error, and says the record was, from the earliest period to which that document can be traced, in the Latin language. Plead. Appx. note 14. By the statute7 36 Ed. III. st. 1, c. 15, it was enacted8 that for the future all pleas should be pleaded, shown, defended, answered, debated and judged in the English tongue; but be entered and enrolled9 in Latin. The Norman or law French, however, being more familiar as applied10 to the law, than any other language, the lawyers continued to employ it in making their notes of the trial of cases, which they afterwards published, in that barbarous dialect, under the name of Reports. After the enactment11 of this statute, on the introduction of paper pleadings, they followed in the language, as well as in other respects, the style of the records, which were drawn12 up in Latin. This technical language continued in use till the time of Cromwell, when by a statute the records were directed to be in English; but this act was repealed13 at the restoration, by Charles II., the lawyers finding it difficult to express themselves as well and as concisely14 in the vernacular15 as in the Latin tongue; and the language of the law continued as before till about the year 1730, when the statute of 4 Geo. II. c. 26, was passed. It provided that both the pleadings and the records should thenceforward be framed in English. The ancient terms and expressions which had been so long known in French and Latin were now literally16 translated into English. The translation of such terms and phrases were found to be exceedingly ridiculous. Such terms as nisi prius, habeas corpus, fieri facias, mandamus, and the like, are not capable of an English dress with any degree of seriousness. They are equally absurd in the manner they are employed in Latin, but use and the fact that they are in a foreign language has made the absurdity17 less apparent.
3. By statute of 6 Geo. II., c. 14, passed two years after the last mentioned statute, the use of technical words was allowed to continue in the usual language, which defeated almost every beneficial purpose of the former statute. In changing from one language to another, many words and technical expressions were retained in the new, which belonged to the more ancient language, and not seldom they partook of both; this, to the unlearned student, has given an air of confusion, and disfigured the language of the law. It has rendered essential also the study of the Latin and French languages. This perhaps is not to be regretted, as they are the keys which open to the ardent18 student vast stores of knowledge. In the United States, the records, pleadings, and all law proceedings are in the English language, except certain technical terms which retain their ancient French and Latin dress.
4. Agreements, contracts, wills and other instruments, may be made in any language, and will be enforced. Bac. Ab. Wills, D 1. And a slander19 spoken in a foreign language, if understood by those present, or a libel published in such language, will be punished as if spoken or written in the English language. Bac. Ab. Slander, D 3; 1 Roll. Ab. 74; 6 T. R. 163. For the construction of language, see articles Construction; Interpretation20; and Jacob's Intr. to the Com. Law Max. 46.
5. Among diplomatists, the French language is the one commonly used. At an early period the Latin was the diplomatic language in use in Europe. Towards the end of the fifteenth century that of Spain gained the ascendancy21, in consequence of the great influence which that country then exercised in Europe. The French, since the age of Louis XIV. has become the almost universal diplomatic idiom of the civilized22 world, though some states use their national language in treaties and diplomatic correspondence. It is usual in these cases to annex23 to the papers transmitted, a translation in the language of the opposite party; wherever it is understood this comity24 will be reciprocated25. This is the usage of the Germanic confederation, of Spain, and of the Italian courts. When nations using a common language, as the United States and Great Britain, treat with each other, such language is used in their diplomatic intercourse26.
Vide, generally, 3 Bl. Com. 323; 1 Chit., Cr. Law, *415; 2 Rey, Institutions Judiciaires de l'Angleterre, 211, 212.
