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Tous les autres exemplaires originaux sont film6s en commenpant par la premidre page qui comporte une empreinte d'impression ou d illustration et en terminant par la dernidre page qui comporte une telle empreinte. Un des symboles suivants apparaitra sur la dernidre image de cheque microfiche, selon le cas: le symbole — ^ signifie "A SUIVRE", le symbole V signifie "FIN". Les cartes, planches, tableaux, etc., peuvent dtre film6s d des taux de reduction diff6rents. Lorsque le document est trop grand pour §tre reproduit en un seul cliche, il est film6 d partir de Tangle supdrieur gauche, de gauche & droite, et de haut en bas, en prenant le nombre d'images n6cessaire. Les diagrammes suivants illustrent la mdthode. 1 2 3 1 2 3 4 5 6 ii il i -r ■ LAW IN LANGUAGE. BY REV. JAMES ROY, M.A., X CANDIDATE FOR ADMISSION IN COURSE, AT CONVOCATION, APRIL 30th, 1883, TO THE DEGREE OF DOCTOR OF LAWS. IN THE UNIVERSITY OK Mc(;iLi. COLLEGE. . MONTREAL: "Witness" Printing House, St. James St West. 1883. LAW IN LANGUAGE. 3l ©hijiis. BY REV. JAMES ROY, M.A., f CANDIDATE FOR ADMISSION IN COURSE, AT CONVOCATION, ' APRIL 30th, 1883, TO THE DEGREE OF j DOCTOR OF LAWS. ' MONTREAL: ■WITNESS" Printing House, St. James St West. . 1883. LAW IN LANGUAGE. 1. "Laws," as defined by Montesquieu, "are, in the widest signification, the necessary relations that have their origin in the nature of things."* " Law, in the domain of science," £ ^ys Littr6, *' signifies the necessary conditions which determine phenomena, the constant and invariable relation between phenomena, or be- tween the different phases of a single phenomenon."! Hooker says : " That which doth assign unto each thing the kind, that which doth moderate the force and power, that which doth appoint the form and measure of working, the same we term a Law. "J More modern scientific language, however, seems to consider laws- as fixed and invariable modes of action, resulting from inherent, tendencies called into operation by relations between different' forms of existence. This may be seen from a sentence quoted, from a work entitled : "A Candid Examination of Theism," and written by an author who uses the name " Physicus." This author is Mr. G. J. Romanes, a Canadian, so a friend informs me. On pageso of that work, this sentence occurs : " Newly established relations would necessarily of themselves give origin to new laws. ' This definition of laws as modes of action resulting from relations, rather than relations themselves, seems to be assumed in the use of the term by almost all writers on science to day. 2. The discovery of these laws, in any department of nature, is attended with a peculiar delight, never less than the most exquisite gratification of the senses. Felix qui potuit rerum cognoscere causas. \\ Every such discovery becomes a new starting-point in the progress of the race. The law, once perceived, becomes a new fact which, combined with other facts of the same kind, furnishes a new basis for generalization. Im- *De L' Esprit des Lois. Liv. i. Cnap. i. tDictionnaire de La Langue Fran9aise. Sud voce, 21''. JEccles. Polity. Bk. i. 11. i. ilVirgil, Georg. Bk. IL, 1. 490. agination seizes upon it, and leaps to theories. Efforts to test the correctness of the theories reveal new laws ; and the human race starts upon a fresh journey of advancement. 3. It is no novelty to speak of the laws of matter; but to this century is due chiefly the attempt to unravel the mysteries of speech. There are good reasons for expecting to find language, as well as material nature, subject to fixed laws. If speech were, as some have supposed, an arbitrary invention, it might be desti- tute of law and order ; but if it is a natural product of previously existent causes, some relations must be found between the causes and effects, and fixed ways of action must arise from these relations. Man has universal characteristics which must show themselves in all that is peculiar to the race, and not to specially gifted indi- viduals. Of these, language is one. No brute speaks with articu- late utterance. Man does. But man is physical, and his organs are effected by geographical and meteorological conditions. He is guided by ^ight and sound ; and, if one of these is wanting, the other cannot produce the effects peculiar to that which is gone. He is often wilful, and not submissive to reason ; and the stub- bornness of unreasoning will shows itself in his habits of speech as well as in other things. All these facts must have their relations to his language. Laws must exist in it, since both the matter and the mind that make the man have fixed peculiarities of action. 4 The various forms of human utterance grow. This fact, we can partly observe for ourselves. At school, we are taught to follow certain rules and forms of expression. When we are some- what older, we read the newspapers. Immediately, we find coming into use, words and phrases and constructions which our previous instructions condemned. We hear the expression, " Help me do this," instead of " Help me to do this ;'' "'You don't speak like we do," instead of "Yqu don't speak as we do;'' "Will I go .''" ii- stead of " Shall I go ?" We become indignant at what seem barbarisms, though they are often really revivals of forms of speech that had become obsolete. Our indignant protests are unheeded. The barbarism becomes popular. The grammarian learns to de- fend it ; and our language takes one step forward toward its slow, but complete, transformation. 5. Such changes, however, are necessarily too slow for a sin- gle life to observe their wide effects. To the history of lan- guage, then, we must go to learn the laws, in accordance with which the transformations of speech take place. {a). Of the many tongues of mortals, not one is without its history. We boast of Alfred and Chaucer and Tennyson, as Englishmen ; but so changed has become their speech that they could not understand each other, were they all now living, and acquainted only with the forms of speech peculiar to their day. Victor Hugo and Littr6 spoke French, as did Thibeault and Villehardouin ; but he who can with ease read the '* Autumn Leaves" and the " History of the French Language" of the former, cannot always read with equal ease the " Sonnets " and the " History " of the latter. How far the modern Angelica Palle and Constantino Oekonomos resemble Thucydides and Homer may, perhaps, be surmised from the humorous exaggera- tion of Edmond About, who says : *' Modern Greek differs from ancient only by a system of barbarisms, the key to which is easily found. It is all comprised in this : murder suitably the words you learned at college. In the foundation of the language no- thing has been changed." (b). When we go back to the Latin out of which the Romance languages sprang, to the Germanic dialects, from which came Eng- lish and Frisian and Dutch, and to the Sanscrit itself, we become conscious that all are but the outgrowths of something else that has passed away. That which is to-day analytic, employing sep- arate words, and not inflections, to express relations of thought, was once synthetic or inflected ; and the inflected can be proved to have arisen from languages more analytic than their progeny. Examine the single word for *' emperor," in Villehardouin, and you find the spelling and accent of it when used as a subject, Empereres, as compared with those given to it when used as an object, Empereor, still bearing the traces of the inflected Latin nominative, Imperator, and the accusative, tmperatorem. On the other hand, an examination of an inflected word, Latin or Greek, will show the remains of old word-forms which, in some way,. 6 have lost their power as words, and have become apparently ar- bitrary, though regular, terminations. In f non) becomes rr) 2d/zo, [pr. tee Sam-o) and ri/v ndhv is pronounced teem holin. From the same cause, the da^ .e case has disappeared from the vernacular of Greece. Tw eln-f, is now pronounced roi tint {too eepe) and ^loi tint, has become f^ov tlire, [moo eepe) the genitive form having supplanted the dative, purely through changes in pronunciation. Apparent exceptions only serve, when examined, to confirm the rule. Generallv, difficult sounds do not arise from easier ones ; hence we should not expect to find middle mutes developing into hard or tenues. Yet 'kiyu, lego, gives ?ifKi-(5?, lektos, and not Aeyr(5?, legtos. But this arises from the fact that it is easier to pronounce together mutes of similar strength than those of dissim- ilar. It would seem, too, that the decay of old forms could never be manifested by the addition of new sounds ; yet such is the fact. In the transition from Latin to French, humilis, after becom- 16 ing humlis, must have inserted a b sound, in order to become the basis of humble. So of cumulus into comble, numerus into nombre, ponere into pondre and gener into gendre. In Greek, too, /uoXeZv, vidlein, must have given li^iidluKay mimdldka, and then fufiXuKa, m'^ml^ka, before it gave the perfect /iEfiftXuKa, m'^mblnka. But even this insertion of the p, b, arose from the same law of ease, since the concurrence of the two liquids would have rendered the pronunciation more difficult and unpleasant than the combination of a liquid and a mute. The same law of ease acts by imitation. It is generally most comfortable to follow custom and float with the stream ; hence there is a tendency to uniformity in language as in other things, and imitation of others leads to new customs and new forms which change grammatical structure, and so produce new languages out of the ruins of the old. There arises a disposition to avoid irregu- larities ; and if the time comes when old inflections seem to be irregularities, their office is supplied by prepositions ; for Nature seldom leaves destruction without the power of regeneration, and where a want is felt, new means of supplying it will be found if the old either are or seem incompetent. In the " Nonne Prestes Tale " of Chaucer, we read of the Chauntecleer, that "The Sonne," he sayde, " is clomben up on hevene Fourty degrees and oon, and more i-wis ;" but the tendency to avoid irregularities has driven clomb and clomben out of use, and has supplied their place with climbed. So, also, holpen has made way for helped. In the same way, too, when the Saxon came forth from his hiding places in the woods and marshes and islands, to his old fields once over-run by the Norman, the apparent superfluity of his Anglo-Saxon terminations gradually led to their abandonment. By this same tendency has arisen the reduction, in modern Greek, of many words originally of various declensions to one. But, perhaps, one of the most interesting instances of this tendency to imitate the past and the established, and never to abandon it unless under the pressure of some necessity, is seen in the case of French accentuation. Accent, in French, has four meanings. 17 There is the tonic accent, or syllabic emphasis ; provincial accent, or the intonation peculiar to some province ; oratorical accent, or the modulation which emotion gives to words ; and grammatical accent, or the signs used in writing words, and serving various purposes in orthography. It is in reference to provincial accent only that the adage is true : " He who speaks French well has no accent." Littrd and Brachet are very emphatic in their assertions that French has an accent, and both give the rule for placing it ; but this is the tonic accent. The rule is that every masculine termination is accented, and every feminine termination puts the accent on the penultimate. The same rule is given by Brachet in his Etymological Dictionary. That this rule is correct may be learned by carefully observing the accent of any one who speaks French, or it may be noticed in reading French prose. It is the basis of that rhythmic harmony which gives so much pleasure to the hearers of finished oratory. Even now, let any one read the impassioned perorations of Massillon, say that of his 12th Synodal Discourse, on the necessity of prayer, and it will be seen at once that much of its power lay in the preservation and arrangement of this tonic accent. But when you read French Poetry, you become conscious that the rule is no longer observed. I shall quote a stanza from the '' Priere du Mathiy' of Benjamin Suite, found on page 102 of " Les Laurent icnnesP " Sonnez, chant ez, gats carillons, La voix dcs clocka ni'cst si chere ! C'est D'lmanche, tt, tons, nous allons Dire avcc votis notrc priereP It will be noticed that the rule referred to would put the tonic accent on the second syllable of Dimanche, while our Canadian poet has put it on the first : Cist DimUnchc, St, toUs, noils Ullons. Likewise, in the fourth line, the accent is made to fall on the first syllable of avec instead of the second, as the rule demands : Dire avSc voUs ndtiS prUre, To show how a prose writer would accent that word, I quote from the " Philosophe sous les Toils " of Emile Souvestre, a passage found on page i ^2 : Je naipas besoin de le dire de menager la vie, parce que 18 In sais que la micnne est avec^ I will not pause to call attention to the French-Canadian Idiom, found in the Parisian garret, avec without a following regimen, but will simply note that when the final word avec is read in prose, the accent falls naturally on the last syllable, and not on the first, as in the verse of poetry just examined. Perhaps the same apparent inconsistency may be bet- ter seen in a couple of quotations from the poems entitled Chanson and Consolons-nous, on pages 85 and 164 of Les Laurcnlicnms. The scansion will reveal a double accent on the same word. The first line of the Chanson reads : "^mi, ta. vcilz, jyoUr mS dlstraire," which when scanned, as may be seen by the marks I have used to point out the light and the heavy syllables, puts the ictus on the second syllable of ami. In the second stanza of Consolons-notis we have : "ig »>i(il/ietlr est Hn ami tSndrS QWOnpeilt binir ; " and the scansion shows the ictus on the first syllable of ami, in- stead of the second. The same contrast between the accent in poetry and in prose exists from the time of Thibeault, in the 1 3th century, through Charles D'Orleans in the 14th, to Corneille in the i6th, andto Victor Hugo in our own days. Whence arose this diversity ? Ancient poetry, in the nation from whose speech the Romance languages sprang, was largely based upon prosodial quantity, not on tonic accent. But the tonic accent was that which was most heard amongst the people ; and, between it and the distinction of syllables into long and short, there arose a struggle, the result of which could not long be doubtful when men began to inquire into the utility of preserving that which was unusual and apparently unnatural. Utility and tradition clashed, and tradition had to yield. As Littr6 says : " rancieti vers a longues et a breves se irouva sans raison d'etre." Then came the incursions of the barbarians. Next arose new nations, speaking new tongues. When a new poetry sprang up, nothing had occurred to lesson the importance of the caesura, and conservatism preserved it as a fundamental principle in versification. At the place gf the C9@sura, no syllable 19 ordinarily mute could bear the fundamental accent, which gener- ally fell on the fourth, the sixth and the tenth syllables. But it was soon found that intractable matter, in the shape of words, refused so often to bear the tonic accent, and yet fit in harmoni- ously into the allotted spaces, that a wide poetic license was the consequence, and the tonic accent in its turn had to yield to the exigencies of versification. Hence, when the demands of the cresura were met, that became true which Littre says : " the remainder of the accents are optional, and serve the poet to vary the modulation and conform it to the feeling which inspires him." It will thus be seen that French accentuation proves the law of ease by showing that men continue to imitate the past until sheer necessity drives them to a change. It may not be without interest to know that modern Greek furnishes a case exactly parallel. Geldart, in his work on that language says : *' In modern Greek, quantitative verse no longer exists, and therefore the quantity of syllables has lost the chief significance which it once possessed. That quantity was ever recognized in pronunciation apart from metrical considerations, there is but small evidence to show." As an illustration of the first part of this quotation, I present a poem entitled " Bacchi Laudes," written by Athanasios Christopulos. This must be read with the modern Greek pronunciation, which is represented under the lines, and according to the accents. 'Orav irivu to KpacuKi Otan peenoh toh krasaki '2to ;j;pw(5 fiov ttott/p&ki Stoh khreesoh moo poteeraki Kal 6 vovg fiov i^aXiadt/, Keh o noos moo zalisthee T(5r' apxi((o nai ;\;opevw. Tot arkhizoh keh khorebhoh Kal yeTiiJ kui ;^;wpare£i«, Keh yeloh keh khohratebhoh Kr/ ^(Jt/ ft' evxapiOTEi. Kee zoee ni' ebhkharistee iSre Traiiovv v) ijipovrideg' Tote pah-bhoon ee phrondeethes Idre afivvovv 7) Unidec Tote zbheenoon ee elpeethes 'idre (pEvyovv oi Kanvoi. Tote pbebhghoon ee kapiiee K?} Kap6id finv }'(i?j/vi(^Ei, Kee kardeea moo ghaleeneezee Kai TO aTfjdog fiov apx'is^t Keh toh steethos moo arkheezee N' avaaaivri , v' avairvy. N' anasehnee, n' anapnee Tia TOP K6a/nov titv fit fi^Xei, Gheeah ton kozmon dhen me melee 'Af yvpi^y , onuQ &[Xet, As gheereezee, opohs thelee 20 To KjxinuKi ftov vii Ci'i. Toh krasaki moo na /oe 11 KdvuTu va fif/ aThjiy, lie kanata na mee steepscc An TO iT?Myi I'li ///) 'A-ehjiij, Ap toh playliee na incc Iccpsce N' iiTrudiii'UfiE nn^i. N' apotlianohme mazee ''Offo V^w Tohrov, ToiiToi) Osoh ekholi tooton, tooton Toi' uKhur/iu jiov ttTmvtov, Ton akcnohtohn moo ploolon Viheo nivu kuI ikiihjkj' Kosoh pcenoli kch rooplioh *'()?Jl (TKl'jill?^(t TU t,\('>f Ola skcebliala ta ekholi Eif mvtva t^lv nfma!xu, Ees kancna dhen prosekhoh K(U mvlviL (5^^' i/i//(/)(7j. Keh kancna dhcn psoephoh.* Let any one read that drinking song, as Greek is usually read by English scholars, according to quantity, and he will see how rhyme and rhythm vanish ; but the comparison of that method with the pronunciation and accents of modern Greece, will con- vince him that there, as in France, the easy imitation of the cus- tomary finally prevailed over what seemed artificial and un- necessary. IV. The last law which I shall notice is this : Language is moulded by external circumstances. ((^). Education, or the want of it, plays a great part in modify- ing speech, and in retarding modifications. When the eye has become accustomed to the written forms of words, the permanence of a correct pronunciation is largely secured. This has fi.xed the High German as the language of Germany since Luther published the Bible in that form. Were the eye trained to look carefully * Where Geldart has hesitated to give a translation, it is presumptuous to attempt to supply it; yet, for some clue to the sense of the song given above, and to its rhythm, though not its rhyme, the following may, perhaps, be allowed: When I sip the costly vintage From my little golden goblet, And iny brain reels all confused. Then I start at once to dancing. Then I laugh and sport in joking, And my life flies gratefully. Then my cares all quit existence, Then my hopes extinguish troubles, Then my mind's conceits run free, And my heart subsides in quiet. And begins my breast its heaving. Heaving, breathing, peacefully. Then, for this round world what care I ? Let it wander as it pleases. So that wine remains with me. Let the jar not cease its flowing. From my side, let it not leave me, Let VIS die together here. This, ah! this, all my possession, This, my one exhaustless treasure. Sip I, drink I, I alone — All the very dregs I cherish. Guard them not for any other. And all others I despise. 21 upon printed forms, would the expression, " I should of done it," sometimes heard and sometimes written, ever supplant the proper form, " I should have done it ?" What but the want of a trained eye led English soldiers in India to call Surajah Dowlah, " Sir Roger Dowlcr ?" An interesting fact in this connection is the formation of the word Siamboul for Constantinople. The Greeks, when speaking of entering that city, had an expression exactly equivalent to our "going to town," the words *' to town '' being c'k; ryvUuhi; pro- nounced ees iittn liokc. The Turks, judging from sound and not from sight, supposed that (if and r;> were parts of the noun, and so formed the \\ord Stambol or Stamboul. (/ . Climate, too, by its influence on muscular action, has affecteu our sounds and speech. Alex, von Humboldt, in his Cosmos, says : " There ever remains a trace of the impression which the natural disposition has received from climate, from the clear azure of the heavens, or from the less serene aspect of a vapour-loaded atmosphere. Such influences have their place among those thousand subtle and evanescent links in the electric chain of thought from whence, as from the perfume of a tender flow ir, language derives its richness and its grace." The Latin, smooth and sonorous in the south, shrank, as it developed into French, and became stiff"er and less musical as it moved north and west. Burgundy, He de France and Normandy lie precisely in the geographical line indicated ; and it is interesting to notice how the Latin amabatn became first ameve in Burgundy, then amoU (pronounced as a French -Canadian would pronounce it, amoue) in He de France, and at last amoue in Normandy. From this, Brachet says : " May we not conclude that words, like plants, are modified by climate, which is one of the factors of language, as mathematicians say .?" (f). Personal influence, too, moulds language. Many monu- ments are found in the history of literature to show that no man can arbitrarily impose laws upon the natural development of lan- guage. Ronsard's eff'orts to trim the French according to classic models ended in complete failure. But it has fallen to the lot of individuals so to adapt their labors to the growing tendencies of 22 their times that they have become leaders in the advance. Of such were Luther in Germany, Chaucer in England, and Ptochoprodro- mus in modern Greek.* (d). Political changes are productive of modifications in lan- guage. Court standards of speech ever produce their effect ; for the desire to appear to the best advantage is a human instinct, and will show itself in its efforts to copy what has a reputation for refinement and elevation. When the Norman rules, "calf " and " swine" are unfashionable terms ; and "pork " and " veal" become the accredited substitutes. But woe to the language of the court itself when the citoyen, the canaille^ and the sansculottes bear rule ! The sounds that betray aristocratic lineage must then be hushed ; for the guillotine is near. Then, the tones of Moli^re, still ex- hibited in the rhymes of his comedies, are relegated to the " quel- ques arpeyits de netge " called Canada ; and a new pronunciation reigns in Paris, and rules the world that follows Paris. ((f). Commerce, too, contributes its share to the modification of language. The facilities for intercourse which now exist, our railroads, steamships, telegraphs, telephones, &c., must, in time, narrow down the list of necessary languages, so that barbarous and curious old tongues must be left for the archaeologist and the philologist, while a few leading languages will prove, eventually, sufficient for the intercourse of men whose powers " no pent-up Utica contracts." Three hundred years ago. Hooker penned this sentence : — " Of Law, there can be no less acknowledged than that her seat is the bosom of God, her voice the harmony of the world ; all things in heaven and earth do her homage, the very least as feeling her care, and the greatest as not exempted from her power ; both angels and men and creatures of what condition soever, though each in different sort and manner, yet all with uniform consent, admiring her as the mother of their peace and joy." Beautiful words and true ! The centuries have but confirmed them ; and the voice of the hills replies to the voice of the depths that, in Law we have a revelation of Him in whose bosom it rests, * Geldart, p.82. 23 and that, by the study of Laws, the jarring diversities of human thought and action are turned to harmony and peace and joy The study of law has revealed the true method by which God has brought from things that do not appear this wonderful universe of usefulness and beauty. Law has revealed the trueorigin of nations and has unfolded the universal methods of the human mind in its attamment of truth and goodness. It unfolds to us the secrets of individual and national prosperity. Every contribution, however small, to our knowledge of its universal empire removes some mis- conception, clears the way for a larger and truer view, and helps to remove the encumbrances of ancient fancies from the pillars of eternal truth. Philology, the study of the Laws of Language, if it cannot lead us back to the very beginning of human speech, leaves us not without some rational account of the origin of the diversities of tongues, shows how intimately man is connected with the material world, and, by revealing some causes of his progress or degrada- tion, suggests the moans for his improvement and success Per haps. too. by showing the influence of man on man, the perpetua- tion in one age of the influence of former ages, and the existence of a plan and purpose in the rise and fall of languages, the study of Law in Language may lead to the recognition of a wise and kinaly Power behind the phenomena of growing civilizations and a reverent regard for Him who. by the moulding power of speech trains both Aryan and Semite for the work of raising all humanity nearer and nearer to Himself.