[14] Barrington on the Statutes.
In Blackstone’s “Commentaries,” book iii. chap. 21, we find much curious information, and some philosophical reflections. The use of the technical law-Latin is adroitly defended. Under Cromwell the records were turned into English; at the Restoration the practisers declared they could not express themselves so significantly in English, and they returned to their Latin. In 1730, a statute ordered that the proceedings at law should be done into English, that the common people might understand the process, &c. But after many years’ experience the people are as ignorant in matters of law as before, and suffer the inconveniences of increasing the expense of all legal proceedings by being bound by the stamp-duties to write only a stated number of words in a sheet, and the English language, through the multitude of its particles, is so much more verbose than the Latin, that the number of sheets is much augmented. Two years subsequently it was necessary to make a new act to allow all technical terms to continue Latin, which were too ridiculous to be translated, such as nisi prius, fieri facias, habeas corpus. This last act, in 1732, has defeated every beneficial purpose intended by the preceding statute of 1730.
One hardly expected to find philological acumen in the dry discussion of law-Latin, but when the three words, “secundum formam statuti,” require seven in English, “according to the form of the statute,” one easily comprehends the heavy weight of the stamp-duty for writing English. The Saxons, who made no use of particles of speech, had more merit than we were aware of.
[15] By the Rev. John Lewis, 1731, fo., and republished by the Rev. H. H. Baber, 1810, 4to.
The censure of Fabricius deserves our notice. After mention of Wickliffe’s version of the Bible, he adds, “Mirum est Anglos eam (versionem) tam diu neglexisse quum vel linguæ causa ipsis in pretio esse debeat.”—“Bib. Lat.,” v. 321.
It is provoking to be reminded of our neglected duties by a foreigner. We might assuredly be curious to learn how the sublimity and the colloquial and narrative parts of this vast treasure of our ancient language were produced under the primitive pen of Wickliffe. A fine copy of Wickliffe’s Bible was in the library of Mr. Douce, and I have heard, with great satisfaction, that it will probably be edited by Sir Francis Madden.
[16] Herbert’s “History of the City Companies.”
[17] I derive this curious fact from Mr. Tyler’s “History of Henry of Monmouth,” ii. 245.
[18] These wills are preserved in Mr. Nichols’ “Collection of Royal Wills.”
[19] Le Comte de Neufchateau, “Essay on French Literature,” prefixed to the late edition of Pascal’s works.