Those Things Which Are Written in Romance: Language and Law Teaching in Thirteenth-Century England. Issue 4 (18th November 2022)

• Record Type: Journal Article
• Authors: McSweeney, Thomas J
• Is Part Of: American journal of legal history. Volume 62:Issue 4(2022)
• Page Start: 285
• Page End: 304
• Publication Date: 2022-11-18
• Subjects: Law -- United States -- History -- Periodicals; Law -- History -- Periodicals; Law; United States; Electronic journals; History; Periodicals; 349.7309
• DOI: 10.1093/ajlh/njac020
• Languages: English
• ISSNs: 0002-9319

Abstract

Abstract: Around 1250, a shift began to occur in texts written on the common law. Where earlier texts on the practices of the king's courts had mostly been written in Latin, a number of the new texts written after 1250 were written in French. The shift to French initially occurred mostly in the context of texts on counting and pleading, the oral parts of court procedure, which were conducted in French, and one author of the 1280s even suggested that by his time a norm had developed that texts on counting and pleading should be written in French. This article examines the evidence for such a norm and the reasons for the shift to French in the later thirteenth century. It uses texts on counting and pleading to examine how both French and Latin were used in the education of pleaders and concludes that, although a norm probably did exist that the oral parts of procedure should be taught in French, Latin was still being used for a number of different purposes in the education of pleaders.