Law French (Middle English: Lawe Frensch) is an archaic language originally based on Anglo-Norman, but increasingly influenced by Parisian French and, later, English. It was used in the law courts of England from the 13th century. Its use continued for several centuries in the courts of England and Wales and Ireland. Although Law French as a narrative legal language is obsolete, many individual Law French terms continue to be used by lawyers and judges in common law jurisdictions.
Norman or Norman French (Normaund, French: Normand [nɔʁmɑ̃] , Guernésiais: Normand, Jèrriais: Nouormand) is a langue d'oïl spoken in the historical and cultural region of Normandy.
The name "Norman French" is sometimes also used to describe the administrative languages of Anglo-Norman and Law French used in England. For the most part, the written forms of Norman and modern French are mutually intelligible. The thirteenth-century philosopher Roger Bacon was the first to distinguish it along with other dialects such as Picard and Bourguignon.
A legal doublet is a standardized phrase used frequently in English legal language consisting of two or more words that are irreversible binomials and frequently synonyms, usually connected by and, such as cease and desist. The order of the words cannot be reversed, as it would be seen as particularly unusual to ask someone to desist and cease or to have property owned clear and free rather than the standard free and clear term.
The doubling—and sometimes even tripling—often originates in the transition from use of one language for legal purposes to another. Situations include in Britain, where a native English term is joined to a Latin or Law French term, and in Romance-speaking countries, where a Latin term is joined to the vernacular. To ensure understanding, the terms from both languages were retained and used together. This reflected the interactions between Germanic and Roman law following the decline of the Roman Empire. These phrases are often pleonasms and form irreversible binomials.
A mortgage loan or simply mortgage (/ˈmɔːrɡɪdʒ/), in civil law jurisdictions known also as a hypothec loan, is a loan used either by purchasers of real property to raise funds to buy real estate, or by existing property owners to raise funds for any purpose while putting a lien on the property being mortgaged. The loan is "secured" on the borrower's property through a process known as mortgage origination. This means that a legal mechanism is put into place which allows the lender to take possession and sell the secured property ("foreclosure" or "repossession") to pay off the loan in the event the borrower defaults on the loan or otherwise fails to abide by its terms. The word mortgage is derived from a Law French term used in Britain in the Middle Ages meaning "death pledge" and refers to the pledge ending (dying) when either the obligation is fulfilled or the property is taken through foreclosure. A mortgage can also be described as "a borrower giving consideration in the form of a collateral for a benefit (loan)".
Mortgage borrowers can be individuals mortgaging their home or they can be businesses mortgaging commercial property (for example, their own business premises, residential property let to tenants, or an investment portfolio). The lender will typically be a financial institution, such as a bank, credit union or building society, depending on the country concerned, and the loan arrangements can be made either directly or indirectly through intermediaries. Features of mortgage loans such as the size of the loan, maturity of the loan, interest rate, method of paying off the loan, and other characteristics can vary considerably. The lender's rights over the secured property take priority over the borrower's other creditors, which means that if the borrower becomes bankrupt or insolvent, the other creditors will only be repaid the debts owed to them from a sale of the secured property if the mortgage lender is repaid in full first.
Lèse-majesté or lese-majesty (UK: /ˌliːz ˈmædʒɪsti/ leez MAJ-ist-ee, US: /ˌleɪz -/ layz -) is an offence or defamation against the dignity of a ruling head of state (traditionally a monarch but now more often a president) or of the state itself. The English name for this crime is a borrowing from medieval Anglo-Norman French, where lese majesté, leze majesté or lese magestate (among other variants) meant 'an offence against the person or dignity of the Crown', which traces back to Classical Latin laesa māiestās ('hurt or violated majesty'), which was a form of treason against the emperor under the law of maiestas in Ancient Rome. The modern spellings are due to the later influence of modern French (in the case of lèse-majesté), and the gradual transformation of Anglo-Norman into a highly Anglicised form known as Law French (in the case of lese-majesty), which also accounts for the Anglicised pronunciation.
The concept of lèse-majesté expressed the idea of a criminal offence against the dignity of the Roman Republic. In the Dominate, or late Empire period (from the 3rd century CE), the emperors continued to distance themselves from the republican ideals of the Roman Republic, and increasingly equated themselves with the state. Although legally the princeps civitatis (the emperor's official title, meaning, roughly, 'first citizen') could never become a sovereign because the republic was never officially abolished, emperors were deified as divus, first posthumously but later (by the Dominate period) while still reigning. Deified emperors enjoyed the same legal protection that was accorded to the divinities of the state cult; by the time Christianity replaced paganism in the Roman Empire, what was in all but name a monarchical tradition had already become well established.
The term Middle English literature refers to the literature written in the form of the English language known as Middle English, from the late 12th century until the 1470s. During this time the Chancery Standard, a form of London-based English, became widespread and the printing press regularized the language. Between the 1470s and the middle of the following century there was a transition to early Modern English. In literary terms, the characteristics of the literary works written did not change radically until the effects of the Renaissance and Reformed Christianity became more apparent in the reign of King Henry VIII. There are three main categories of Middle English literature, religious, courtly love, and Arthurian, though much of Geoffrey Chaucer's work stands outside these. Among the many religious works are those in the Katherine Group and the writings of Julian of Norwich and Richard Rolle.
After the Norman Conquest of England, Law French became the standard language of courts, parliament, and society. The Norman dialects of the ruling classes mixed with the Anglo-Saxon of the people and became Anglo-Norman, and Anglo-Saxon underwent a gradual transition into Middle English. Around the turn of the thirteenth century, Layamon wrote in Middle English. Other transitional works were popular entertainment, including a variety of romances and lyrics. With time, the English language regained prestige, and in 1362 it replaced French and Latin in Parliament and courts of law. Early examples of Middle English literature are the Ormulum and Havelock the Dane. In the fourteenth century major works of English literature began once again to appear, including the works of Chaucer. The latter portion of the 14th century also saw the consolidation of English as a written language and a shift to secular writing. In the late 15th century William Caxton printed four-fifths of his works in English, which helped to standardize the language and expand the vocabulary.
The Proceedings in Courts of Justice Act 1730 (4 Geo. 2 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 exchequer in Scotland. The act followed a medieval law from 1362 (the Pleading in English Act 1362 (36 Edw. 3 c. 15)), which had made it permissible to debate cases in English, but all written records had continued to be in Latin. The 1730 act was amended shortly later to extend it to the courts in Wales, and to exempt from its provisions the "court of the receipt of his Majesty's exchequer" in England. It never applied to cases heard overseas in the court of admiralty.
A similar act was passed on 22 November 1650 by the Rump Parliament during the Commonwealth of England: An Act for turning the Books of the Law and all Process and Proceedings in Courts of Justice into the English Tongue. As with all purported Acts passed without royal assent during the republican period, it was declared void on the restoration of Charles II.