ABSTRACT
This chapter presents a case study in the history of legal language. Its goal is to elucidate aspects of the transition to the use of writing for legal purposes in the Middle Ages. Drawing on ideas from sociolinguistics, discourse analysis and speech act theory, we analyse the language of sixty-two Anglo-Saxon wills in Old English. The linguistic features of these wills are contrasted with modern wills. Two main themes are highlighted: incipient performativity of the written document, and context-dependence of the text. We discuss self-consciousness about writing; the linguistic realisation of the act of bequeathing; secondary means to strengthen the performative potential of the written will, notably witnesses and curses; the degree of planning evident in the text; patterns of reference to property and persons; the lack of attention to dating; and emotional involvement of the testator.
