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 Parliament of England was the legislature of the Kingdom of England from the 13th century until 1707 when it was replaced by the Parliament of Great Britain. Parliament evolved from the great council of bishops and peers that advised t ...
. The Act complained that because the
Norman French language was largely unknown to the common people of
England
England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe b ...
, they had no knowledge of what was being said for or against them in the courts, which used
Law French
Law French ( nrf, Louai Français, enm, Lawe Frensch) 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, be ...
. The Act therefore stipulated that "all Pleas which shall be pleaded in
nyCourts 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 language
English is a West Germanic language of the Indo-European language family, with its earliest forms spoken by the inhabitants of early medieval England. It is named after the Angles, one of the ancient Germanic peoples that migrated to the is ...
, and that they be entered and inrolled in
Latin
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...
".
Text of Statute of Pleading, 1362
/ref>
Historical context
Prior to the Norman conquest of England
The Norman Conquest (or the Conquest) was the 11th-century invasion and occupation of England by an army made up of thousands of Normans, Norman, Duchy of Brittany, Breton, County of Flanders, Flemish, and Kingdom of France, French troops, ...
in 1066, traditional common law in England had been discussed in the vernacular since time immemorial
Time immemorial ( la, Ab immemorabili) is a phrase meaning time extending beyond the reach of memory, record, or tradition, indefinitely ancient, "ancient beyond memory or record". The phrase is used in legally significant contexts as well as ...
, and had been written in the Germanic vernacular (Old English
Old English (, ), or Anglo-Saxon, is the earliest recorded form of the English language, spoken in England and southern and eastern Scotland in the early Middle Ages. It was brought to Great Britain by Anglo-Saxon settlement of Britain, Anglo ...
) since c. 600 with the Anglo-Saxon
The Anglo-Saxons were a Cultural identity, cultural group who inhabited England in the Early Middle Ages. They traced their origins to settlers who came to Britain from mainland Europe in the 5th century. However, the ethnogenesis of the Anglo- ...
s and beginning with the law code of Ăthelberht of Kent. Following the Norman conquest, the language of the latest conquerors was used Anglo-Norman French, which developed into Law French
Law French ( nrf, Louai Français, enm, Lawe Frensch) 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, be ...
, 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 marked the beginning of modern Legal English
Legal English is the type of English as used in legal writing. In general, a legal language is a formalized language based on logic rules which differs from the ordinary natural language in vocabulary, morphology, syntax, and semantics, as well a ...
.
Some 50 years later, English became the language of official government in the form of Chancery Standard
Middle English (abbreviated to ME) is a form of the English language that was spoken after the Norman conquest of 1066, until the late 15th century. The English language underwent distinct variations and developments following the Old English p ...
during the reign of Henry V Henry V may refer to:
People
* Henry V, Duke of Bavaria (died 1026)
* Henry V, Holy Roman Emperor (1081/86â1125)
* Henry V, Duke of Carinthia (died 1161)
* Henry V, Count Palatine of the Rhine (c. 1173â1227)
* Henry V, Count of Luxembourg (121 ...
(1413 to 1422).
The statute was repealed by the Statute Law Revision Act 1863
The Statute Law Revision Act 1863 is an Act of the Parliament of the United Kingdom. It was intended, in particular, to facilitate the preparation of a revised edition of the statutes.
The enactments which were repealed (whether for the whole ...
and the Statute Law (Ireland) Revision Act 1872
The Statute Law (Ireland) Revision Act 1872 (35 & 36 Vict c 98) is an Act of the Parliament of the United Kingdom which repealed, as to Ireland, certain Acts of the Parliament of England which had been extended to the then Lordship of Ireland by ...
.
See also
*Ordinance of Villers-CotterĂȘts
The Ordinance of Villers-CotterĂȘts (french: Ordonnance de Villers-CotterĂȘts) is an extensive piece of reform legislation signed into law by Francis I of France on August 10, 1539, in the city of Villers-CotterĂȘts and the oldest French legislat ...
, 1539, French legislation mandating use of French in law, in place of Latin
*Sachsenspiegel
The (; gml, Sassen Speyghel; modern nds, Sassenspegel; all literally "Saxon Mirror") is one of the most important law books and custumals compiled during the Holy Roman Empire. Originating between 1220 and 1235 as a record of existing loc ...
, c. 1220, first legal document written in German rather than Latin
*Proceedings in Courts of Justice Act 1730
The Proceedings in Courts of Justice Act 1730 (''4 Geo II. c. 26'') was an Act of the Parliament of Great Britain which made English (instead of Law French and Latin) the obligatory language for use in the courts of England and in the court of e ...
*Legal English
Legal English is the type of English as used in legal writing. In general, a legal language is a formalized language based on logic rules which differs from the ordinary natural language in vocabulary, morphology, syntax, and semantics, as well a ...
*Law French
Law French ( nrf, Louai Français, enm, Lawe Frensch) 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, be ...
References
Acts of the Parliament of England
Language policy in the United Kingdom
1360s in law
1362 in England
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