Pleading in English Act 1362
Encyclopedia
The Pleading in English Act 1362 (36 Edw. III c. 15), often rendered Statute of Pleading, was an Act
of the Parliament of England
. The Act complained that because the French language
was much unknown in England
, the people therefore had no knowledge of what is being said for them or against them in the courts, which used Law French
. The Act therefore stipulated that "all Pleas which shall be pleaded in [any] Courts whatsoever, before any of his Justices whatsoever, or in his other Places, or before any of His other Ministers whatsoever, or in the Courts and Places of any other Lords whatsoever within the Realm, shall be pleaded, shewed, defended, answered, debated, and judged in the English Tongue
, and that they be entered and inrolled in Latin
".
in 1066, traditional common law in England tradition had been discussed in the vernacular since time immemorial
(see Celtic law
), and written in the Germanic vernacular (Old English) since circa 600 (following the Anglo-Saxon invasion of Britain), beginning with the law code of Æthelberht of Kent; see Anglo-Saxon law
. Following the Norman conquest, the language of the latest conquerers was used – Anglo-Norman (which developed into Law French
) was used for pleadings, and Latin was used in writing. The fourteenth century saw a decline in Law French, hence the Pleading in English Act, which marks the beginning of modern Legal English
. The statute was repealed by the Statute Law Revision Act 1863 and the Statute Law (Ireland) Revision Act 1872.
Somewhat later – about 50 years, in fact – English became standard for official government purposes in the form of Chancery Standard, during the reign of King Henry V
(1413 to 1422).
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of England
Parliament of England
The Parliament of England was the legislature of the Kingdom of England. In 1066, William of Normandy introduced a feudal system, by which he sought the advice of a council of tenants-in-chief and ecclesiastics before making laws...
. The Act complained that because the French language
French language
French is a Romance language spoken as a first language in France, the Romandy region in Switzerland, Wallonia and Brussels in Belgium, Monaco, the regions of Quebec and Acadia in Canada, and by various communities elsewhere. Second-language speakers of French are distributed throughout many parts...
was much unknown in England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
, the people therefore had no knowledge of what is being said for them or against them in the courts, which used Law French
Law French
Law French is an archaic language originally based on Old Norman and Anglo-Norman, but increasingly influenced by Parisian French and, later, English. It was used in the law courts of England, beginning with the Norman Conquest by William the Conqueror...
. The Act therefore stipulated that "all Pleas which shall be pleaded in [any] Courts whatsoever, before any of his Justices whatsoever, or in his other Places, or before any of His other Ministers whatsoever, or in the Courts and Places of any other Lords whatsoever within the Realm, shall be pleaded, shewed, defended, answered, debated, and judged in the English Tongue
English language
English is a West Germanic language that arose in the Anglo-Saxon kingdoms of England and spread into what was to become south-east Scotland under the influence of the Anglian medieval kingdom of Northumbria...
, and that they be entered and inrolled in Latin
Latin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...
".
Historical context
Prior to the Norman conquest of EnglandNorman conquest of England
The Norman conquest of England began on 28 September 1066 with the invasion of England by William, Duke of Normandy. William became known as William the Conqueror after his victory at the Battle of Hastings on 14 October 1066, defeating King Harold II of England...
in 1066, traditional common law in England tradition had been discussed in the vernacular since time immemorial
Time immemorial
Time immemorial is a phrase meaning time extending beyond the reach of memory, record, or tradition, indefinitely ancient, "ancient beyond memory or record"...
(see Celtic law
Celtic law
A number of law codes have in the past been in use in Celtic countries. While these vary considerably in details, there are certain points of similarity....
), and written in the Germanic vernacular (Old English) since circa 600 (following the Anglo-Saxon invasion of Britain), beginning with the law code of Æthelberht of Kent; see Anglo-Saxon law
Anglo-Saxon law
Anglo-Saxon law is a body of written rules and customs that were in place during the Anglo-Saxon period in England, before the Norman conquest. This body of law, along with early Scandinavian law and continental Germanic law, descended from a family of ancient Germanic custom and legal thought...
. Following the Norman conquest, the language of the latest conquerers was used – Anglo-Norman (which developed into Law French
Law French
Law French is an archaic language originally based on Old Norman and Anglo-Norman, but increasingly influenced by Parisian French and, later, English. It was used in the law courts of England, beginning with the Norman Conquest by William the Conqueror...
) was used for pleadings, and Latin was used in writing. The fourteenth century saw a decline in Law French, hence the Pleading in English Act, which marks the beginning of modern Legal English
Legal English
Legal English is the style of English used by lawyers and other legal professionals in the course of their work. It has particular relevance when applied to legal writing and the drafting of written material, including:...
. The statute was repealed by the Statute Law Revision Act 1863 and the Statute Law (Ireland) Revision Act 1872.
Somewhat later – about 50 years, in fact – English became standard for official government purposes in the form of Chancery Standard, during the reign of King Henry V
Henry V of England
Henry V was King of England from 1413 until his death at the age of 35 in 1422. He was the second monarch belonging to the House of Lancaster....
(1413 to 1422).
See also
- Ordinance of Villers-CotterêtsOrdinance of Villers-CotterêtsThe Ordinance of Villers-Cotterêts is an extensive piece of reform legislation signed into law by Francis I of France on August 10, 1539 in the city of Villers-Cotterêts....
, 1539, French legislation mandating use of French in law, in place of Latin - SachsenspiegelSachsenspiegelThe Sachsenspiegel is the most important law book and legal code of the German Middle Ages. Written ca...
, c. 1220, first legal document written in German rather than Latin - Proceedings in Courts of Justice Act 1730Proceedings in Courts of Justice Act 1730The Proceedings in Courts of Justice Act 1730 was an Act of the Parliament of Great Britain which made English the obligatory language for use in the courts of England and in the court of exchequer in Scotland...
- Legal EnglishLegal EnglishLegal English is the style of English used by lawyers and other legal professionals in the course of their work. It has particular relevance when applied to legal writing and the drafting of written material, including:...
- Law FrenchLaw FrenchLaw French is an archaic language originally based on Old Norman and Anglo-Norman, but increasingly influenced by Parisian French and, later, English. It was used in the law courts of England, beginning with the Norman Conquest by William the Conqueror...