UC-NRLF *B bE3 725 LIHKAKY OF T1IK University of California. OI KT OK 'Received iA^cco/ , i8gS~~ Accessions NoSff^-a 7 '- " Class No. frFS S ... ^33 A STUDY Language of Scottish Prose BEFORE 1600 A DISSERTATION PRESENTED TO THE BOARD OF UNIVERSITY STUDIES OF THE JOHNS HOPKINS UNIVERSITY FOR THE DEGREE OF DOCTOR OF PHILOSOPHY. BY WILLIAM PETERS REEVES. BALTIMORE: JOHN MURPHY & CO 1893. A STUDY IN THE Language of Scottish Prose BEFORE 1600 A DISSERTATION PRESENTED TO THE BOARD OF UNIVERSITY STUDIES OF THE JOHNS HOPKINS UNIVERSITY FOR THE DEGREE OF DOCTOR OF PHILOSOPHY. BY WILLIAM PETERS REEVES. BALTIMORE: JOHN MURPHY & CO 1893. wtr TOT 'axotf fQ - - - - 'AHavnoonaig IS 'ayivKvaf) no sxavKa'jj 'ija 18 'STJMOA 5IHX aO AOCriONOHJ "JA §9 'sxe quhilkis knawis J?e lawis best salbe chosyn quha sen fraude & gyll aw to keep no man false e bukis of law J>at is to say regiam maiestatem & quoniam attachiamenta & mend ]>e lawis at nedis mendment ande ordane als at all lauchfull exceptiounis of law be admittit in jugement & all freuolus & fraudfull exceptiounis be repellit & nocht admittit be no Juge swa J?at ]>e causis letigiouss & pleyis be nocht wrangwisly prolongyt in scaith & preiudice of ]>e party & in fraude of the law." Reg. Sc. Par., p. 61, col. 2. 2 The question of printing the Records arose in due time. In the year 1469 (James III, Nov. 20th) an act had been passed, aiming at the better preservation of the Records; "That J?e kingis rollis and regesteris be put in bukkis 'Item it is thocht expedient J?at j?e kingis rollis and regesteris be put in bukis ande haif sik strenthe as J?e rollis had befor.'" Rec. Sc. Par., p. 52, col. I. In the succeeding reign of James IV the impor- tant plan was conceived for giving publicity not only to the Laws 1 A short description of those documents which were in the Gen'l Reg. House, available in 1796, will be found in the appendix No. XXIII to Pinkerton's Pistory of Scotland, Vol. I. 2 It will be seen that in spite of the suppression of this volume of the 'Eecords' I have made extensive use of it. The copy, which contains Thomas Thomson's markings for his new edition, is in my possession ; and judging by'the few correc- tions and by the consistency with which he has evidently compared this copy with the originals, I have no hesitancy in quoting from the contents. A Study in the Language of Scottish Prose before 1600. 7 of the kingdom, but also to the Historical monuments and Eccle- siastical Rituals. "In the year 1507 the art of Printing was introduced into Scotland by Royal sanction, avowedly for the pur- pose of ' emprenting within our Realme the Bukis of the Lawis, actis of Parliament, croniclis, mess bukis/ &c, and exclusive privileges were conferred upon the first printers for encouragement and support in the execution of these national works. This was not however sufficient for the publication of the Acts of Parliament, and it was not until 1541 that any part of the Scotch Statue Book appeared in print. A selection from the Acts of several Parlia- ments of James V was then published by legislative authority ; and at the distance of twenty-four years this was followed in 1565 by the publication of the Acts of a Parliament of Queen Mary." Innes, Introd. Acts, p. 22, and v. Annals Scottish Printing, pp. 109-118. The confusing number of editions which appeared after this last date, under the various titles of ' Regiam Majestatem/ ' Quoniam Attachiamenta/ 'The Acts and the Old Laws/ &c, may be well left unconsidered. The Manuscripts from which Thomson and Innes made their editions, were carefully described in their Introductions. Many of course are in the Latin, and it may be well to give a list of those containing vernacular versions. The MSS. referred to here have the same roman numbering which was used by T. and I. No. IV . The so-called ' Bute ? MS. Marquis of Bute, proprietor, written probably in the latter half of the 14th Cen. Cap. 13, two Scotch chapters : ' Chalynge of transgressioun and }?e fourme to mak clepe and call upon brekyng of proteccyon/ fol. 141. Cap. 19, Burgh Laws, fol. 153-163. Cap. 22, The 'Assise of Brede/ etc., fol. 167-170. a) 'of Custum/ fol. 170-171. b) 'of Law and the Custume of Schippis/ fol. 171-174. c) 'of wecht in flandrys and reknyns be the price of the mone/ fol. 175. No. VII. Edinburgh University MS., not long after 1389, or early 15th Cen. ; Latin except a miscellaneous collection of styles and forms of process in Scotch and Latin, fol. 102-111. No. IX. Advocates' Library MS., W, 4, ult., " nearly all in Scotch, and is written in an unique hand, to within a few leaves of the end." Undated. 8 A Study in the Language of Scottish Prose before 1600. No. X. The Harleian MS., 4700. Early 15th Cen. Cap. 4, 2 leaves in Scotch, 'the maneir of Batall within lists.' Cap. 14, 'The poyntis belangand to the Warden Courts.' Cap. 16, Lawis and Cus- tumis of the Schippis, 8 leaves. Cap. 15, Miscellany: Latin and Scotch. Cap. 28, one leaf in Scotch, ' on laufulnes of tailzies ' : also cap's 31, 32 (3 leaves), 34 (17 leaves). No. XII. Cambridge MS., Public Library, Cambridge E, 4, 21, Late 15th Cen., uniform hand. Cap. 18, 14 leaves Cap. 19, lawis and Custumis of Schippis (33 chapters). No. XIII. The Cockburn MS. Advocates' Library, W, 4, 28, or "W, 4, penult. Cap. 4, 2 parts by different scribes ; late 15th Cen. Cap. 10, statuta Regis Dav. primi, in Scotch; 20 titles. Cap. 11, fol. 90-92. Cap. 12, fol. 93-99. Cap. 16, fol. 1-20 of second part ; Borowe Laws, fol. 20-24, 28-38, 38-40. No. XIV. Advocates' Library MS., A, I, 32; late 15th Cen., all Scotch. No. XV. The Monynet MS., Adv. Libr., A, 1, 28, written by James Monynet, 1488. Cap. 19, pe poyntis belangande to j?e ward- ane courte, fol. 203. Cap. 21, Law and Custumis of the Schippis, fol. 205-216. Cap. 24, On Tailzie, fol. 319 ; also fols. 342-353, 365-371, 371-373, 375-378, 400. No. XVI. Colvil MS., ' now [1844] owned by Mr. J. A. Macon- ochie ; v. Bibliography, ' Regiam Majestatem.' Cap. 15, ' The gret lawis maid thro King Davyd ; 20 chapters. Cap. 16, Lawis of King "William; 11 titles. Cap. 17, Lawis of King Alexander. No. XVII. Cambridge MS., K, I, 5. Public Library Camb., 4° thick ; tracts and MSS. Part 3rd, Scotch laws, ' written in a careless hand; late 15th or beginning of the 16 th Cen.' No. XVIII. John Bannatyne MS. Adv. Libr., A, 7, 25, written by John Bannatyne, 1520. Cap. 3, ' Maner of battale within lists ; 11 titles. Cap. 17, 7 oaths. Cap. 20, 'laws and custumis of schippis.' Cap. 22, On Taillie (Scotch and Latin). No. XIX. Lambeth MS., Lambeth Palace Library, No. 167 ; early 16th Cen. Cap. 17, The process of the again calling of a dome; fols. 178-189, 190-2, 192-208. No. XXI. Thomas Bannatyne MS., Adv. Libr., Jac. V, 6, 13 (old numbering); latter half 16th Cen. Cap. 15, 'How the batall within listis salbe gouernit; 10 titles in Scotch. A Study in the Language of Scottish Prose before 1600. 9 Cap. 18, 'Acts of the Parliament holdin at Edinburgh the thrid day of December.' No. XXII. Malcolm MS., Adv. Libr., A, 3, 22 fol. ; late 16th Cen. ; a large part in Scotch. The rest of the twenty-five MSS. noted by T. and I. are in Latin. The following extracts from the two first volumes of the Acts were selected to show the character of the language; regard has therefore been had for variety in vocabulary and grammatical forms. The nature of the material would of itself suggest much repetition and a general neglect of literary quality. I. Acts of the Scotch Parliament (v. Scottish Record Pub. in Bibliography). Heir begynnis the lawys of the King David I. of hym }>at eschapis of )>e gallowys Gif ony mysdoar thruch dome be hingit and eftirwart he eschapis of ]>e gallowis he sal be quyt as of J?at deid fra thin furth And J?ai J;at hingit hym sal mak fine wyth ]>e kyng saufand ]>aim lyf and memberis and disherisone for quhi that trespas is mekil and oure mesur. II. of ony appelyt of thy ft (de appelato de furto) Gi f ony appelis ony man in ]>e kyngis court or in ony ojur court of thyft it sal be in j?e likyng of hym at beis appelyt quhejnr he wil bataile or to tak purgacioun of xii leil men with clengyng of a hyrdman. III. of herberyng of strange men (de advenis hospitandis) It is lefful to na man to herbery na strangear langar pan a nycht na hald hym in his house wythoutin borch and gif ony forsuth bydis in a toun oure a nycht he sal be brocht befor ]>e justice or J?e schireff and be at par wil. IV. How jugment sal be geyffin. pe kyng hes statut pat na justice schireff alderman na bailee of ony baroun sal sit at jugement to be done apone pe folowyng or pe ansuer befor paim to be maid bot quhen sic cumis to jugement he sal pas furth of pe court parapone and pan pe iustice schireff or 10 A Study in the Language of Scottish Prose before 1600, bailee agane callit J?e iugement be ]>e soytoris maid sal geyffin furth. V. How J>at a peir aw to be jugit allanerly be his peir (quod par per parem iudicabitur) pe kyng hes statut alsa J>at na man aw to thol iugement fra a less persoun J;an fra his peir J>at is to say an erl be erlis baroun be barounis vavassour be vavassour burges be burges bot a les persoun may be jugit be a mar persoun and nocht a mar be a les persoun. VIII. of challange thruch quhilk bataile may be raysit (de appel- lacione unde duellum possit oriri) Gif ony man appelis anoJ>ir of thyft or of reff or of ony trespas thruch J?e quhilk bataile may ryse say and in his folowyng J;at J>e deffendour hes done hym sic schame to ]>e valur of xx merkis wyth J>e scath that he hes tane J>e party deffendour quhen he cumis to bataile sal not put his weddis for ]?e price of ]>e schame of J?e folowar bot allanerly he sal put his weddis eftir the assyse of J?e kynrik to ]>e valur of ]>e scath ]?at ]?e folowar sais hym til haf tane And it is to wyt )>at in ]?e folowyng of reff or of byrnyng |?e party deffendour aw nocht to put his weddis bot allanerly for sua mekil als ony man sais him scathit In J?e folowyng of thyft \q scath of }>e folowar aw to be somyt thrynfalde sa J>at ]?e body of ]>e deffen- dour aw to doubillit ]>e quhilk mone J?e party askand aw til haf wyth him gif J>e party deffendour be slayn and his body sal remane in J>e place for ];e thridpart of J?e mone X. of ]>e schireffis and J?ar seriandis (de vice comitibus et eorum servientibus) Na schireff or ]>e seriand of ]>e schireff sal entermet )?aim of ony thing pertenand to J>e kyngis proffyt utouth ];ar schirefdome of somondis or of attachments aw to suer in the plane schirefdome J?at ]?ai sal leilly serve J?e kyug in J>ar awin schirefdome and )>at \e men duelland wythin J>e schirefdome wranguisly J>ai sal not vex. XI. of |;aim );at ar appelyt be J;e kyng of felony (de appel. regis de felonia) Gif it hapnis J>e kyng til appel ony man of felony or of lyf or of membris he sal clenge him anent ]>e kyng be ]>e athis of [xxiiii] leil men of ]?at schirefdome quhar it is said J?at trespas to be maid And gif forsuth be )>e athis of )>aim ]?ai acquyt him he sal be quyt or ellis ]?ar sal pas of him rycht jugement gif he be nocht maid quyt And gif ];e kyng folowys ony man of ony o)?ir iniure he sal clenge A Study in the Language of Scottish Prose before 1600. 11 hym anent pe kyng be pe athis of xxiiii leil men or ellis he sal satisfie pe kyng eftir his folowyng XVI. of selling of theyffis and of yaim yat eschapis pe Kyng David hes ordanyt pat na man sell a theyff of thyft pruffyt for na mone na for na frenschip na for na maner of meyd And gif an erl dois it or ony opir pat hes pe fredome and custum of an erl he sal pay to pe king for amercyment xxxiiii ky And gif ony brekis pis lawe agayn he sal pay l c ky to pe kyng And pe theyff sal be outlawyt thruch all pe kyngis land and gif he may be eftirwartis gottyn pe lawe sal be done apon hym farthwyth eftir pe maner of sic trespas And gif he be put in boys or in fetteris and aventur fall pat he eschapis out of pat ilk ward pe lord of pat prisoun pe theyff eschapis out sal acquit hym anent pe kyng with xxvii leil men and thre thanys pat he nocht wyst of pe passing out of pat theyff na consent parto gayff na consal And sa sal pe lord gang quyt at pat tym. XXXII. of paim con vy kit of mansuorn (periurio) Quhasa evir is enchessonyt of fals wytnes beryng in pe contrare of ony sakles man for lufrent or hatrent and hes suorn apon pe haly evangel or apon pe haly cystre or opir notabill halydum he sal be put out fra al confort and company of cristyn men quhil pat he haf mad assith befor god eftir pe dome of schryffand for man- suorn and haf geyffin into pe kyngis amendis viij ky and fra pin furth he salbe put fra al pruff and wytnes and be nevir holdyn as man bot as unman. Leges quatuor Burgorum (Berewic, Eokisburg, Edinburgh, Striv- elin) Mayd and ordanyt be the Kyng David. (It will be seen from the collateral law-latin forms that the in- fluences of the two languages upon each other have been at times reciprocal.) I. of pe Kyngis rent in borowagis (de redditibus domini regis in burgagiis.) In pe fyrst quhat is pe rent of oure lorde pe kyng in borowagis pat is to say pat ilke burges sail geyff to pe Kyng for his borowage at he deffendis for ilke rud of land v$ be yhere. V. of thingis lente be a burges man tyl ane uplandis man Gif a burges hafe lent of his catallis tyll hym pat wonnys out of pe burgh gyf pe dettur grauntis pe dett he sail jelde it and gif he nytis it he sail parof do rycht befor pe lawhaldaris of pat ilk burgh 12 A Study in the Language of Scottish Prose before 1600. XXV. of stryff muffyt betuix schipmen in burgh (de contencione) Gif schippis or o)>ir strange kynrikis arryfis in ]>e kyngis lande of Scotlande and contak ryse betuix J>e partyis of suilk meynje within the havyn of J>e kynge J?e kyngis bailjeis sail holde rycht betuen J?aim of alkyn manere of querelle ony of J?aim will pleynje of ojnr J?e quhilk wrang was amuffit betuen }?aim in ]>e land of ]>e king of Scotlande and gif it sua sail at J>e challangeour or ]?e defendoure hafe giifyn his toll and done to the kyngis land J?at at he aw to do and J?e schyp be in J>e rade wele and in pes he sail pas and ]>e tane of J>e tojnr sail get his rycht quhare he best may XLI. Of borowage geyffin in fre mariage Gif ony man has takyn a borowage in fre mariage wyth ony woman and gettis wyth hyr a knayff chylde or a maydyn and thruch aventure ]?e wyfe deys and eftyr J?e dede of ]>at modyr hir son or hir dochter leyffis or deys J>e man sail joys ]>e borowage all his lyf tyme bot he may nocht wedsett na sell it And gif J?at ilke nycht at J?at son or j>at dochtyr be borne bathe ]>e modyr and ]>e barne deys )>an sail J>e man ioys all ]>e gudis of J?at land in his lyfe sua at }>at man sail have wytnes of tua leil men or of women nychtburis J?at herde J>e chylde cryand or gretand or brayand And sua gif he haf tane ma landis wyth his wyfe in mariage And gif he gettis with his wyfe na chylde ]>e land sail turn tyll his wyffis next ayre. XLII. of landis sauld be encheson of poverte Ilk man in his lege pouste may sell or geyff J>e landis }>at he has of conquest in burgh to quham sa evir he will Bot gif J?at thruch nede hym behovys sell his lande J?at he has of heretage he sal at the thre hevyd mutis proffyr J?at lande to J>e next of J?e ayris And gif )>aim lykis to by j?at lande ]>ai sal fynd til hym at mysteris to sell mete and clathis suilk as beis necessare to ]?aim self pe clath- ing sail be of a hew grysande or quhyte And gif J>ai nocht wil do sua or ]>an be unpowar may nocht it sail be leiiful til hym J?e for- said lande as he best may speid to sell And gif the ayr be ututh }?e kynrik in J;e next kynrik he aw to byde hym XL dayis And gif ]?at he be in a ferrar kynrik next J?at kynrik he aw to byde hym tuyis xl dayis and sua of ojur ferrar kynrikis And gif J>e ayr be absent for will wyl or malyce langer ];an J?e forsaid termys til hym A Study in the Language of Scottish Prose before 1600. 13 assignyt it sal be leifful to J?e man mysterand to dyspone on his lande quhar he may best speid. 1 XLIII. Gif ony burges be challangyt of his land or of his tene- ment in burgh he is nocht haldyn to ansuer to his party adversar foroutyn J>e kingis lettyris bot gif him lykis and he at is challangyt may ryn til his delayis and til his skylful essoingeis anys tuyis and thryis And J?e ferde tym he sail cum to warrande his essoinjeis ilke ane at he made as ]>e ordyr of law will 2 XLVI. of ane castellane and a burges Gif ony man of ]>e castell has ocht misdone til ony man of ]>e burgh he sal aske lauch at )>e Castell ututh ]>e yhettis And gif ony man of ]>e burgh has ocht misdone til ony man of ]>e castell he sal aske lauch of hym in ]>e burgh 3 LX. of baxtaris and J?aim ];at sellis fysche Baxtaris at bakis brede to sell sail bake quhyte brede and gray eftir ]>e consideracion and prise of J?e gud men of ]>e toune eftir as \q sesson askis And ]?e baxtar sail hafe to wynning of ilke chaldir eftir as sail be sene thruch )>e gud men of J?e toune and nocht eftir his awne discrecione And quha J?at bakis brede to sell aw nocht for to hyde it bot sett it in a wyndow or in J?e mercat J?at it may be opynly sauld And quha sa dois ojnrwayis and ]?airof J>ai be convict 1 Quilibet potest in legitima potestate sua dare vel vendere terrain quam habet de conquesta suo cuicunque voluerit sed si necessitate compulsus hereditatem vendere opporteat debet illam terrain ad tria placita capitalia proximis hereditus offerre quod si proximi heredes terram illam emere voluerint inveniant ei neces- saria scilicet victum et vestitum sicut sibimet ipsisVestimentum sit unius coloris scilicet grifii vel albi quod si sic facere noluerint aut per impotenciam non poterint licebit ei dictam terram prout melius poterit alibi vendere quod si heres fuerit extra regnum in alio regno proximo expectare debet per xx, dies Si autem in secundo regno per bis xl dies exspectare debet et sic de regnis ulterioribus Si autem heres maliciose ultra dictum terminum se absentaverit licebit indigenti de terra sua prout melius poterit disponere. 2 Si aliquis calumpniatus fuerit de terra vel tenemento suo in burgo non tenetur respondere adversario suo sine Uteris domini regis nisi sponte voluerit Et ipse qui calumpniatus est potest concurre ad dilaciones et ad racionales essonias semel secundo et tercio Et quarto veniet ad warantizandum essonias suas et respondere ballivis quales sint de die in diem 3 De castellano et burgense. Si aliquis de castello foris fecerit burgensi burgensis petet ius suum ad castellum extra portas Si verso burgensis foris fecerit castellano castellanus petet ius suum in burgo de eo. 14 A Study in the Language of Scottish Prose before 1600. ]>ai sail pay amercyment of viii s. and J?e brede sail be delt to ]>e pur folk And rycht sa aw it to be of hym J?at bryngis fysche to sell to \e burgh. LXXXI. of ]>e maner of waking in burgh It is for to wyt of ilke house wythin ]>e burgh in \>e quhilk J>ar wonnys ony J?at in J>e tym of wakyng aw of resoun to cum furth |?ar sal ane wachman be holdyn to cum furth quhen J?at ]?e wakstaff gais fra dure to dure quha sal be of eylde and sal gang til his wache wyth tua wapnys at J>e ryngyng of p>e courfeu and sua gate sal wache wysly and besily til )>e dawyng of ]?e daye and gif ony herof failge be sal pay iiii d. outtane wedous (viduis exceptis). LXXXII. of playnte of hym J?at is mayd blaa and blody Gif ony man strykis anojnr quhar thruch he is mayd blaa and blody he J?at is mayd blaa and blody sal fyrst be herde quhe)?ir he cumys fyrst to plenje or nocht and gif }>at bathe be blaa and blody he J>at fyrst plenjeis him sal fyrst be herde. 1 XC. of burges }>at aw dette Gif ane burges aw dette till ony man and at J?e terme hafe nocht to pay it bot his landis ]>e man J>at ]>e dette is aucht to sal holde J?e landis thruch a yhere and a daye and wythin j?at yhere and daye he sal peroffyr (offerre) J>aim to J>e nerrest ayris And gif J?ai wil nocht by ]?aim or ellis outquyte ]>e dette it is leyfull til hym to sell )>& landis quhar he wil And gif ]?are be ocht attour it sal be geyffin to J?e dettur. XCI. of fraudful redemcion of landis salde. Gif a burges sellis his land for encheson of nede wythin J>e burgh and it hafe bene befor ]>e sellyng of it byddin to J>e nerrest of ]>e frendis J?at tym ]>ai nocht hafande quhar wyth );at ]^ai mycht it by and syne eftir quhen ]?at lande is wele byggit and anournit (terrain promotam et hospitatem) J>an sum man of J>e next frendis cummys wyth a soum of silver frandfully J?arto borowyt and byddis J>at lande to hy he aucht nocht to be herde na eftir agane call ]?e byer of it on ony wyse (nee potest earn aliquid modo revocare) CVII. of J>e successione of J?e sone to J>e fadris herytage. 1 Si quis verebando fecerit aliquem blaa et blodi ipse qui fuerit blaa et blodi prius debet exaudiri Sive priiis venerit aut non ad qu«emoniam faciendam Et si uterque fuerit blaa et blodi qui prius accusaverit prius exaudietur. A Study in the Language of Scottish Prose before 1600. 15 Gif it sa betyde pat ony man hafe landis oupir of heretage or of conquest and he luf pat til hym is ayre sa mekyll pat he gevis to pat sone all his landis in his lege pouste And efteruart a myster unexcusabill (inexcusabilis necessitas) cumis to pe forsaid fadre and he schawis til pe sone his myster pe quhilk sone will nocht do to pe fadre na succour pan may pe fadre leyfully sell or wed sett pe landis quhepir heretage or conquest to quha sum ever he will for his myster And suilk nede aw to be provyt befor pat pe landis be salde or analyt be pe athis of XII lele and worthie men of pe burgh pat is to wyt four wonnande on pe ta halfe and four on pe topir halfe and opir foure fare anent pe house or ellis pat alienacion sal be of nane avale. Assize Regis Willelmi. XV. of a man slayn in pe kingis vengeance Gif ony man for thy ft or for reff deis be law of irn or watir and of him rycht be done or gif he wer slayn with thyft fundyn wy th hym and efterwarte gif his kyn in vengeance of hym slew hym pat brocht hym to pe law pe king sal haf als fully rycht of suilk men slayeris of pe dede of hym as of his pece fullily brokyn withoutyn concord or relaxacioun bot gif it be throu pe consail or pe assent of his kyn And gif it hapin throu case pat pe king grantis pece til hym pat wes slayn ner pe les pe kyn of him sal tak vengeance of pam pat slew par kyn. XXIV. of land geyffin be pe king to his demayne pe king hes statut be pe counsal of pe communite pat gif he haiff gevyn ony man of pe landis in his propir demayne opir extendit be pe aithis of leil men of pe cuntre or of his awin wil withoutyn ony athis be certane methis and merys quyt and fre for evir mar sua pat fra pin furth wyth breyff of pureale na wyth nayn opir breyff he may tyn opir al or part of pe sayd land bot gif it war throu a breyff of rycht And pan pe king sal mak til hym a ressonable chang or pan warand pat ilke land til him. 1 1 Statuit dominus Rex per consilium communitatis sui quod si Eex aliquam terram infra dominicum suum alicui dederit per extensionem sacramenti fidelium hominum provincie vel de voluntate sua sine Sacramento alicuius et certas metas et divisas quietam et solutam imperpetuum ita quod de cetero neque per breve perambulacionis neque per aliquod aliud breve aliquam partem terrse illius amittat nisi per breve de recto et tunc Rex debet ei racionabile excambium facere pro dicta terra vel ei ipsam terram warantizare. 16 A Study in the Language of Scottish Prose before 1600. Acta Regis Alex. Ill, appendix II (p. 431). Statuta gilde. XIII. off J>e dogter of ]>e gyld bru)?er Gif ]?at ony of ]>e brewer of J>e gyld efter his desces leyff a dogter off his spousit wyff borne |>e quhilk be of loffabil conuersacione and of gud fame geyff scho has noght of hir awin quhar of it may be purwayt hir of a man [or of a religiouse house gif that scho lyk to lef chast] efter J?e estimacioun of J>e alderman and \e faculte of ]>e gilde it salbe purwayt til hir of a husband or J?an a hous of relygione. XIV. Gif ony of |?e breder of J>e gilde hapyn to disses and has not to bring him to ]>e erde as afferis or to ger sing for his saule J?e breder sal tak of J?e faculteis of J?e gilde and ger his bodye be honestly layd in erde. French is frequently found in Records, especially in Acta Mar- garet, 1289 ; Robert I (1308), Berwic, 1323, 1327; Edward Balliol, Edinburgh, 1333, Feb. xii; David II, 1357, 1363-64, and Inden- ture of 1367 made at Berwyk, v. Appendix II to David IPs Acts; Robert II, July 1, 1385. See also in the Reg. Scot. Par., pp. 84, 85, 90 seq., 98, 102, 103, 107, 116 (of the year 1369), 119, 1371 ; 120, 122, 123, from the French King Charles, 123; Robert II, 1371; 126, 1372; 130, 1374; 131, 1383; 132, 1383; 135 Robert, 1385 (compact with the French) ; 136, Robt., 1390 ; Charles, 1406. In the following the contractions are expanded in italics. The remarks on MS. symbols of contraction, in Morris and Skeat's Specimens, pt. I, p. xx, II, p. xv, and in Horstmann : Barbour's Legendensammlung, II, pp. 305, 306, cover all the ordinary pecu- liarities of Scottish paleography. Acta Robert III, Stirling, 1397 Item in J?e consail general of stn/velyn seyn and consideryt J?e grete and horrible destruccwn heryschippis brym/ng/s and slach- tem \at ar sa commonly done throch al ]>e kynrike It is statutit and ordanyt with assent of )?e thre communates J?ar beande J>at ilke schiref of J?e kynrike sal publy ger crye \at na man rydand or gangande in J?e contre lede mar persons with hym bot ]?aim ]?at he wil mak ful payment for Ande J?at na man vse lik destrucc/ons slachtir Reif na bryning m tyme tocum under payn of tynsale of life and gudis pe quhilke crye made ilke schiref sal tak diligent enquerres gif ony be comon destroyem of J?e contre | and o)>er der- struys or has destruyt ]>e kyngis legis with herschippis slachtis A Study in the Language of Scottish Prose before 1600. 17 bry?iing or ettyng of pe cofitre. And gif ony be fundyn be enquerre of sic trespassoum pe schiref sal do al his besines til arest paim and he sal lat paim to borch til appef at pe next iustice air as day prc- emptor | like ane vnder pe payn of xx pofide. And he pat apperis nocht at pe next iustice air sal be at pe home and his borous sal pay the payn and mak affecht to pe party pleygnand | and gif ony be pat may nocht fynde sic borows pe schiref richt pen sal gif knaulage of assise | and gif he be taynt with pe assise for sic a tres- passouf I he sal be condampnit to pe deid And gif ony of pa mis- doem fleys out of a schirefdom in ane oper | pe schiref pat he fleis fra sal write in quhais schirefdome he is reset | byddand hym on pe kyngis hehalfe pat he arrest sic a fugitive mysdoer and send hym til hym agayn To pe quhilk bydding pe schiref sal be haldin til obese | and to sende hym agayn | pe qwhilk send agayn | pe schiref pat he is send to sal procede in pe manef beforsaid. And in pe samyn maner sal al lordis and officem of regalites ansuef to pe schirefis le^res and pe schiref to pair leltres as to pe arrestyng of pe fugitives In pe execucion of pe quhilkis arrestis al barofis fre- holdam and al oper pe kyngis legis sal helpe and suppouvel pe schiref and al oper officem of pe kyngis at al pair pouer alswele agayfl pair awyn men and retenwis as agayn oper And gif ony be fundyn sautif in pat poynt pat he risis nocht with pe kyngis officem as is beforsaid and pat may be prouit before pe Justice opir with witness or with assise he sal pay x pound to pe kyng without remis- sioii. Apon per articles pe Justice in ilke iustice air sal tak knaw- lage I als apon schirefis gif pai do deuly pair det to pair offic in pe execucion of pis statut as upon al oper pat suppouel nocht pe kyngis minstem in pe maner beforsaid. And it is ordanyt pat pe chan- celler sal write precepm of pis statut til al schirefis Justices in als fer as in paim is and con ... or pertenis to paim. James I, Acta, 1417. at Perth, General Council, June XXVI. Robert duyc of Albany erle of fy fe and of menteth and gouvern- our of Scotland to pe schirefis of Aberden and of banf gretyng. Our wil is pat yhe wit pat we tretande with ony of my lorde pe kingz's liegis for pair relesis and accordande with paim for certane soume or forgifande paim and relesand pair releif of gifand selland or acordand with ony of pe kyngis legis for ony warde or mariage or ony profite 2 18 A Study in the Language of Scottish Prose before 1600. falland to J>e kyng. J>at it is nocht our entent wil or purpose til trete, sel or forgife ony thyng pertenand til ]>e biscop and ]>e kyrk of Aber- deen J>e quhilk wes of aide tyme and is in possession of J>e tend peny of al wardis relesis and mariag/s vscheis of court/s eschetzs and o\>eris profit^ falland to \e kyng in ]>e forsaid schiref-domys. Quharfor to yhu schirefis of Aberden and of banf and to yhur bailyhis and ministris and al oJ?em }>at it pertenys to. we gif straitly in mand- ment and charges yhu. J>at nocht agaynstandande ony relesyng, gift, sellyng, forgifyng or acordyng we mak with of )>e kyngis legis of warde relese. mariage or ony ojnr profite falland or pertenand to ]>e kyng, or ony oj^ir profite of ye quhilke his predecessouris or he ar wont til hafe J?e tend peny. distreignande for it be yhur selfe or be yhur ministris or his. Sua ]>at in defaute of yhu we her na richtwis complaynt. And J?is vnder al payn ]?at J?arefter may fal yhe leve nocht vndone. Gevyn under our p?-ive seil at Perth in general con- seil J?e xxvj day of Junij, ]?e yher of grace a thousande four hundred and sevynten, and of our gouvernail \e tuelft. James I (Vol. II). Perth d. Mar., XI, 1425. 4. Item it is statute and ordanit be J>e king and his parliament J>at all and sindry both men and women of his realme to quham he has grantit ony letfres of newe infestmen£ confirmacfon or proteccion speciale vndir his hail grete sele fra J?e tym of his cuming hame in his realme out of J?e realme of Inglande to )>is day present ]?ar le^res to ]>e king or to his depute ]?erto ordanit w* in ]?e space of iiij monethis nixt to cum at J?ai may be put in j?e kingis Register til perpetuale memor. And quha sa present's nocht J?ar said lettres w t in J>e iiij moneth?s forsaid fra J>in fur* J?ai lettres salbe to J>aim of nane awayle fors nor effec. James II, 1447. No. 39. Item J?e lordis think/* speidfull J?at our soverane lorde Cbmmande all his Sehirefis and commissam of borowis to cum to ]>e clerk of his Regestre and ger copy all J?ir articulis act/s and statutes abone writtyn and ger proclame J>ame opinly throu out J>ar schym and burowis sa ]?at nane of his liegis allege ignorance of fame in tyme to cum And alsua J>at all }>e act/s and ordinancis abone writtyn ]?e quhilkis ar necessary till his baronis and frehaldar/s to be schawin at \er witsundais making or in J?er barone court is rjt sa be takin and copyit and schawin to his tenand/s sa ]?at no)>er \e frehaldar nor )?e A Study in the Language of Scottish Prose before 1600. 19 tenand/s be negligent nor pretermyt )>e observyng of J>e saidis decretis and at ]>e paynis set J?erapone be sa deuly raisit J>at ]>e saidis act/s and decret/s be observyt and kepit as efferis. James III, 1469, p. 123. In oure souverain lordis parliament haldin and begunnyn at Edin- burgh J>e tuenty day of J>e moneth of November ]>e )>er of our lord a thousand four hundreth sexty and nyne jer/s It is act and statut be our souverain lord and J?e thre estates In ]>e said parliament that for alsmekle as our hali faider the pape and ]>e sege of Rome has grantit a privilege and ane Indult perpetuate to \e prelatis bischopis of saintandros to Conferme )?e persouns J?at sal be chosin or postulat be conventis to be abbotis or priouris within J?e diocy of Saintandros quhilkis Indult and priuilege Is rycAt honorable in J?e selve and tendis to ]>e comoun proffit of ]?e Real me And our souverane lordis liegis \at J?erfor J?e said Indult and privilege salbe obseruit and kepit be our souverain lord his successouris and liegis In tym tocum without violacioun or breking of ]>e sammyn. And J>at na persouns his liegis or subditis of quhat sumever stait degre or ordour J>ai be of to our souverain lord be ony maner of menys or wayis In tyme to cum tend In \e contrar of J>e said Indult or privileges And purchess ony abbasys or prionryis ]?at sail vaik with J?e diocy of Saintandros In tyme cummyng pertening to ]>e confirmacioun of }?e said prelate bischop of Saintandros beand for ]>e tyme bot be J>e said Indult and privilege | or raiss ony commissioun aganis J?e personns now commovit or to be commouit confermit and to be confermit be J>e said prelate bischop of Saintandros for ];e tyme vnder )>e pain of Banysing perpetual e and proscripcioun of J?e Real me And vnder all ]>e hiest pain of tresoun And cryme of oure souverain lordis hurt maieste and his successouris And in likwiss it is ordanit \at na persouns lieg/s to our said souverain lord purchess ony Benefice without \e Realme quhilk Is of auld use and consuetude | and was . . ed abservit and usit tobe present gevin or confermit within J?e Realme be J>e patrons or ordinaris of J>e diocy | or Raiss on Com- missioun j?erappoun vnder sic lik pain and incurring of )>e kingis hie Indignacioun . . . James IY, 1488. Cap 10. Item it is statut and ordanit anent the article belanging to Burro wis in ]>e tym of ]>e Justice aieris quhilkis hes bene replegeit 20 A Study in the Language of Scottish Prose before 1600. fra Justices he sittand in f e principale burgh of f e schire to far fredomes throw f e quhilkis replegeing Justice has noch bene done apon the Inhabitants of the saidis burrowis in tym bygane Thar- for in tym to cum It salbe lechfull to f e kingis Justices he sittand in the principall burgh of f e Bialte apoun the mater of f e air to gif ane assiss of all the Inhabitant^ within othem burrowis And nocht to lat fame to borgh and it pleyss him And to gif f aim ane assiss of \er awne nichbiam that best knowis f e verite gif f ai be present And gif sa mony be nocht present fat f ai may be to sufficient nomer that it salbe lefull to him to cheiss ane assiss of the said heid burgh or to like the nomer as he thinkis maist expedient for f e gud of Justice and without pmudice of the fredomes of the said Burrowis and c James IV. 1503, Cap 8. Item anent f e article of notaris becaus fair hes bene diverss and greit complentis maid be our soverane lordis liegis fat fair Is sa mony fals notaris in f e realme that it is dred throu fair falset fat trew men sail nocht be sicker of fair hereytage nor clerkis of fair benefices and in vf er civile actionis quhilk may causs ane greit divi- sioun amang our soverane lordis liegis Thairfor It Is statute and ordanit in f is present perliamen£ that all bischopis and ordinam mak all f e notam wtin fair dioceis to be callit at a convenient day and place befoir fame and mak fame be examynate vpoun fair suf- ficience and knowlege And als tak Inquisitioun how fai have demanit fame and of fair fame and f e personis fat fai find culpable fat fai deprive fame of fair offices and punnyss fame for fair faltis according to pair demeritis and f e personis fat fai find acceptable fat fai send fame wt fair writtingis to f e kingis hienes quhilk sail depute certane persounis to examyn f anie And gif fai be ganand to mak thame regale gif fai be nocAt maid regale of befoir And als fat f e said ordinaris tak inquisitioun of all fame fat usis fals instrumentis And insafer as belangis his office ordinar to punyss fame and quhair it belongs nocht to his office ordinar to send fame to fe king to be punyst as effeiris. James Y, 1540. Cap. 7. ITEM quhair ony beis suspectit of heresie and laucAt- fully summond to answer of f e samin ar fugitiue fat f ai salbe and comdempnit as heretikis And it sail nocht be lefull to na man to . A Study in the Language of Scottish Prose before 1600. 21 solist procure nor mak supplicatioune for pare purgacioun reduc- tioun or grace vnder the pane to be punist as favoraris to pe heret- ikis and pe saidis personis fugitives nocht tobe admittit to purga- cioun nor operwayis to reconciliatioun nor J>it to remane or converss in our realme Alsua we forbid to all our subiectis quhatsumever estait pai be to present requeistis mak ony supplicatioun defend supple dyit or writt counsal help procure or mak advocatioun solici- tatioun labor or assist ony wayis to na heritikis fugitivis or banist perfor or opir contamynit personis pat ar or haue bene of pe said reprevit sect of heresijs to haue or Impetrate ony grace of ]>air erroris quhilk we will na way be accordit to pame vnder pe pane to be pvnist as assistaris to heresiis. 1540, Cap 47. For prenting of pe actis of perliament. ITEM Oure souerane lord hes Ordanit pat the actis of perliament maid be his hienes be publist outhrowcAt all his realme And that all scAereffis stewartis bailies pro vestis and bailies of burrowis and otheris his liegis may haue the copyis poirof and pretend na Igno- rance throw misknawyng of the samin HAS ORDANIT his clerk of regrj To mak ane auctenty extract and copy of all pe saidis actis safar as concernis pe commoun wele vnder his subscriptioun manual to be Imprentit be quhat prentar It sail pleiss the said clerk of Regrj to cheiss And It sail noc/it be lesum to ony other prentar nor writar To Imprent nor write pe samin witin pis realme or outout the samin or bring hame to be sauld for the space of vj jeries nixt tocum vnder the pane of confiscatioun of the samin Providing al wayis that the said prentar to be chosin be the said clerk of Regrj as said Is haue our soverane lordis speciale license pairto Mary. Haddington, July 7th, 1548. IN THE PARLIAMENT ofanemaist Excellent Princes Marie Quene of Scottis haldin at the Abbay of Haddington the seuint day of Julij The jeir of God ane thousand fyue hundreth fourtie aucht jeiris be ane habill and mychtie Prince James Erie of Arrane Lord Hamiltoun, &c, and Gouvernour of the Realme the thre estatis of the Realme being present THE quhilk day Monsiour Dessy Lieu- tennent generall of the navy and armie send be the maist Christin King of France for support of this Realme at this present tyme schew how that his maister the King of France havand regard to the ancient lig confederatioun and amitie standand betuix the Realme 22 A Study in the Language of Scottish Prose before 1600. of France and this cuntrie and of the mortall weiris crudeliteis depra- datiounis and intollerabill iniuris done be our auld enimeis of Ing- land aganis our Soverane Lady being of sa tender age hir Realme and liegis thairof thir divers jeiris quhairthrow the said Maist Christin King being movit throw fraternall amitie and confedera- tioun foirsaid could do na less to aide support manteine and defend at his powar this tender princes hir Realme and liegis as propiciant and helplyke brother contrare all others that wald attempt iniurie aganis the samin not be wordis but be way of deid and to that effect has presentlie send him in this Realme with his nauie and armie of Nobill men with sic directiounis as to put this Realme to the auld liberte privilege and fredome and to recouer all strenthis Castellis and Fortalices out of our auld enemeis hand is with the auise coun- sall and assistence of my Lord Gouernor and Nobillis of this Realme at thair utter powar and to wair their lines to that effect and not auerlie hes send this armie presentlie bot also promittis in his said maisteris name at all necessare tymes to cum to send and have in Garnison men of weir munitioun and money in this Realme in sic quantitie that sail repres our saidis auld enimeis during the tyme of weir and keip and defend this Realme fra thame and all others in libertie and fredome conforme to his commissioun obligatioun and promeis gevin to him vnder the said maist Christin Kingis greit seillis schawin and producit in face of Parliament &c, 1551. Cap. 26. ITEM. For as mekill as their is divers Prentaris in this Realme that daylie and continuallie prentis bukis concerning the faith ballatis sangis blasphematiounis rymes alsweill of kirkmen as temporall and others Tragedeis alsweill in latine as in Inglis toung not sene vewit and considderit be the superiouris as appertenis to the defamatioun and sclander of the liegis of this Realme and to put ordour to sic inconuenientis It is devisit statute and ordanit be my lord Governour with auise of the thre estatis of Parliament That na Prentar presume attempt or tak vpone hand to prent ony bukis ballatis sangis blasphematiounis rymes or Tragedeis outher in latine or Inglis toung in ony tymes tocum vnto the tym the samin be sene vewit and examit be sum wyse and discreit persounis depute thairto be the ordinaris quhatsumeuer and thairefter ane licence had and obtenit fra our souerane Lady and my Lord Gouernor for Imprenting of sic bukis vnder the A Study in the Language of Scottish Prose before 1600, 23 pane of confiscatioun of all the Prentaris gudis and banissing him of the Realme for euer. Records of the Scotch Parliament, Vol. I (Suppressed). Such copious extracts have been given from the two volumes of the 'Acts ' that extracts from the so-called volume of the Records seem hardly necessary. A few, however, are desirable. Of speciale fredomys granty t to pe burgess be King Wilzame King Wilzame king of Scotlande grantyt to pe burgess of his said kynrik pat nane of thame sulde be distrenzeit be na man to zelde ony det bot gif he e]>er was borghe or dettour and alsua he has grantyt to pe saide burgess pat pai haif thar marchandice with all pe fredomys pertenande pairto pat is to say pat nane of thame be mote without pe zettis or thar burghe of na maner of mute out takin pe mutis of all termys And alsua he has grantyt to thame do batale be ye mutis pat fallys to ye kingis crovne and zit at pai be derenzeit be ye lawe of Wynchister pat is throu pe acquitance of xii lele men pat ar burgess Alsua he has grantit to thame and to pair aieris pat pai salbe quyt of toll and lastage and pontage of passage alsweill within as without of all pe hawynnis of pe see within pe kinrik of Scotlande alsueill on pis side of pe Scottis see as bezonde Ande alsua he has grantit to thame pat nane of thame salbe dampnyt in amercyment of par gudis bot efter pe Gustum of pe Wynchister and pat is nocht attour Ls and he has grantit thame pat thai sail haif thar landis tenementis or weddis or dettis to thame acht resonably and all maner of othir thingis till thar caus lent or laide in wede within par burghe it salbe fullely determyt be and endyt &c, pp. 4-5. How pe wichtaft and best of consale salbe chosin to manteine pe lawis The Aulderman and pe Bailseis and pe best men of pe burghe sail choiss xn gude men ar mai gif it be myster or neidfull of pe maist sufficient and of pe maist discreit and of pe maist lauchfull of pat burghe pe quhilkis salbe oblist be pe gret aithe pat thai sail zeme manteine and defende efter thar power pe commone lawys and wsit custumis of pe borovis maide and ordanyt throv sikkir consalis of kingis and in our tyme lede, p. 5. Of pe statute pat na officiar salbe pledar It is statuyt and ordanyt be King Robert pe Bruce pat na chaw- merlane Justice Bailseis clerkis na seriandis nor nane vthir officiaris of law be manteinaris of mutis or querellys into courtis of our Lord 24 A Study in the Language of Scottish Prose before 1600. )>e kingis na landis na zit nane othir thingis )?ai sail tak on hande for to defer nor tary J?e rycht of ony part without J>e forme of lawe And quha sa her agane dois and tharof is conuickit he salbe in ]>e kingis will and tyn his office for euermare. Of thame J?at ar in possessione IT is ordanyt )>at na man salbe put out of his tenementis of ]?e quhilk he is westyt and seisyt without J?e kingis breif pledable And quha sa aganys this dois sail nocht be herde in lawe or ellis J?at he haif sum othir breif J?arto accordande and J>at ]?e party be resonably summonde warnyt till ansuer at certane daye and stede of his free tenement till his party contrary, p. 5. Heir begynnis ]>e lawys maid be King Alexr King Wilzamis sone In ye first Alexandyr. Of J>e setting of Landis (dated by Thomson 1214) The zer of grace l m cc and x . . . ]>e day of ]>e Incarnacione J>at is to say Sanct Mary in lentiryne at \q profet of J?e lande gaif decret J>at ilke bondeman within J?e kinrik J?at fra now furthe J?ai begyne to eir and sawe lande for thar awne profet with all thar besyness and mycht J>e XV day forow candilmess and alsua J?at ilk man J>at has mare na iiij ky }>at he tak land of his lorde and eir and sawe for ]?e sustentacione of his body and the vpholde of his famell And all thai J?at has less than iiii ky J?at wonnys in ]>e feild J?at may nocht mak tilthe with oxin J?ai sail with thar handis and thar feit delfe J>e Erde and thar sawe sua J?at J>ai may wyne sustentacione for thame and tharis and gif ony man has oxin and na lande than sail thai sell thar oxin to thame )>at land has to eir and thai sail delfe with thar feit as befor said is And gif ony Erie or ony lorde in quhais lande \q purell duellis will nocht lat it be done he sail gif to J>e king amercyment of viii ky And gif ony man ];at haldis lande of ]>e Erie he sail to ]>e Erie viii ky And gife he be seruande or husbande man or bondsman J>at will nocht do it his lorde sail tak fra him a kowe and a scheip and fra now furth he ]?at will nocht do on his awne free will thai salbe wrangyt to do it sa }>at men fle thir wordis J?at is to say J?ai J?at walde nocht eir and sawe in wynter .... sail thige J?ar meit in somer and na thing to be given to thame and tharfor best is J>at ilk man wirk and travell with his awne will sua J>at he may get gudis sa J>at he may gif hart to thame J>at mekill myster hais for that is better than thige tharself this foir- A Study in the Language of Scottish Prose before 1600. 25 said lawe was made at J>e citee of Sanctandrois ]>e first day of y kalendis of Februare Off weman askande thar thirde part of drowry ITeni it is statuyt be couss of gret mute and stryf betuix twa parties )>at is to say of a lady askande ]>e third part of J?e lande of hir husbande Ande on ]?e to)>er part hir party contrary defendande ande allegande lawe and statute of tyme befor And tharfor it is statuyt and ordanyt )?at fra nowe furthe ilke woiman wedowe }>at has rycht till ask J?e third part of ony land after hir husbandis decess sail haif it J>at is to say of drowry alsueil as of ]?e remanande of }>e laif. p. 6. Alex. II, Cap 10 (Thomson) Of a theif takin with gilt Gif ony man haif stowyne ony catale and men folowe him with how and cry and suyt of court efter him and he be fundyne sasit with J>e stowyne catall hastely dome salbe gevin on him as of a prowy t theif and gif ]?e men of J>e contree J>at folowis ]?e gudis seis J?e theif leif stowin catale neuerj^e latter ]>e lawe hastely be done of him as of a tayntyt theif and prowyt. p. 7. King William (Thomson) Of J?e manner of hostyng. Item it is ordanyt be ]?e said king of thame j?at cummis to J>e oist J>at gif ony man of quhat condicione sa euer he be had maide mannislauchter ref or stouthe in ane other mannys lande cumande gangande or duellande in J?e said oist be indictyt befor }>e Justice the parteis playnt to quhame J>e scathis ar done salbe resawyt in this maner The bailze of J?e bailzery quhar J?e trespass was done ande J?e trespassour duellis sail haif commandment of }>e Justice )>at he be attachyt to cum ande ansuer in J>e saide place alssueill to J?e saide scathis of him J?at is plantyifs as to J>e indictment of J>e kingis and J?at he be punyst efter J>e quantitee of ]>e trespass in forme of lawe for othir wayis it may nocht be declaryt The statute of Erratikis and lollardis Item anent lollardis and Erratiteis J?at ilk biscop sail ger inquyr be ]?e inquisicione erratiteis quhar ony sik beis fundyne And that J>ai be punyst as lawe of halykirk requiris And gif it mysteris ]?at secular power be callyt in svpport and helping of halykirk p. 12 (1424) Anent )>e keping of the statutis maide be J?e parliament 26 A Study in the Language of Scottish Prose before 1600. Item at it be requyryt be J>e kingis ministerys gif J>e statutis maid in his parliament be kepit and gif J?at }?ai be fundyne brokyn in ony poyntis at J?e brekaris of thame be punyst efter ]>e ordinance of ]>e said parliament, p. 12 (1424). Anent stalkaris J?at slayis deir Item it is ordanyt J>at ]>e Justice clerk inquyr of stalkaris J>at slays J?e deyr J?at is to say hert hynde Raa and daa and ]>e haldaris and manteinaris of thame And als sone as ony stakar of thame may be convickit of slauchter of deyr he sail pay to J>e king xls and haldaris of thame xli Anent hostilaris Item it is ordanyt and bidding generaly to all burgess generaly of )>e realme J?at thar be maide hostillaris and publist herbry placis in |?e borouys honest and ganeand at ]>e maner of wthir realmys to ressaif all and sindry strangearis alssueill fut men as horss men J?at travallys throu )>e realme wnder j?e payne maide tharapone in ]?e parliament. James I, 1426. The statute of J>e tavernis in J»e nycht The king and ]>e thre estatis has ordanyt at na man in burghe befundyn in tavernys at aile wyne or beir efter J>e straik of ix houris and p»e bell j?at salbe rongyn in J>e said burghe j?e quhilk beande fundyn J?e aulderman ande bailseis sail put J?ame in J>e kingis presone )>e quhilk gif thai do nocht thai sail pay for ilk tyme at J>ai be fundyn culpabill before J>e chawmerlane Is & c, p. 27. James I, 1436. Ffor eschewing of derth within |?e contree Item it is statuyt and ordanyt for J>e eschewing of derthe within J?e lande J>at scheriffis bailseis and wj>eris officiaris bath to burghe and to lande tak and inquyr ay at ilke court at J>ai halde quhat personis within ]?e bowndis byis witale and haldis it till a derthe And gif sik beis fundyng that ]>e Scheref and wj>er officiaris mak it knawin at ilk marcate cross to J?e king quhat personis J>ai ar And at |?ai be bot okkiraris repute and at thai be punyst and demanyt as okkiraris sulde and at }>e wittale at thai haif be eschet to ]>e king, p. 32. 1449, James II. Item )?at na man nor woman pass in Inglande without leif of ]>e king ];e wardane or of thame J>at he giffis power to in J>at part in tym tocum wnder ]>e payne of tresone A Study in the Language of Scottish Prose before 1600. 27 Item gif ony Inglischman cumis in Scotlande to kirk or marcat or ony wper place withoutyn conduct or assouerance of pe king pe wardane or pame pat power hes he salbe lauchfully presonar to quhat persone likis to tak him. Item gif ony Scottis man bringis in pe realme ony Inglismen or metis thame at ony tristis haifande na powar pai salbe tane and put in firmance par gudis takin and arestyt to pe tyme pat pai be punyst as pe king will ande pe wardanys. Item pat na Scottis man set apon ony Inglisman in speciale assouerance but leif of pe king or of pe wardane wnder pe payne of treson. Item pat na Scottis man support Bervyk nor Roxburghe with na wittaill fewell nor nane wper supportation wnder ]>e payne of treson, p. 38, 1455. Anent wapinschawing. Item it is ordanyt and decretyt pat wapinschawing be haldin be pe lordis and baronys spirituale and temporale four tymis in pe zer and at pe futbawe ande pe golf be vterly criyt done and nocht wsyt ande at pe bo we markis be maide at all paroch kirkis a pair of buttis and schuting be wsyt ilk Sunday ande pat ilk man schut six schottes at pe lest wnder pe payne to be raisit apone thame pat cumis nocht at pe lest iid to be giffin to pame pat cumis to pe bowe markis to pe drink and for to be wsyt fra Pasche till alhallomess interande be pe nixt mydsomer with all par geir without sonze and pat par be a bo war ande a fleger in ilk hede towne of pe schyr and at pe towne furnyss of stuf and graithe efter ]>e nedis J^arto J?at he may serve )>e cuntre with and tuichande ]>e futbow and \q golf we ordane it to be punyst be J?e baronys wnlawe and gif he takis it nocht to be tane be ]>e kingis officiaris and gif J>e parochin be mekill pat par be iii or iiii payr of buttis in sik placis as best accordis parfor and ilk man within pat parochin passit xii zeris sail wse schuting. p. 41, 1457 That wolne clath be met be pe Rige Item to eschew pe dissaite and skaithepat our souerane lordis liegis daily and all tymis sustenys be pe metting of wolne clath be pe selwage it is thocht expedient pat in tyme cuming all wolne clath be met be pe Rig and nocht be pe selwage p. 50, 1469. 07-TH8 T tflTIVBRSIT! 28 A Study in the Language of Scottish Prose before 1600. It will be seen from these examples that the language is much the same in the 'Acts ' and in the ' Register.' Even through the legal disguise the formless character of the dialect is noticeable : the earmarks of the Scottish are present in abundance and the early- statutes show words of Romance origin which from their older and adapted forms appear to have been already naturalized some time. The absence of a linguistic centre in Scotland, like London for the more Southern dialects, combined with physical and political con- ditions to make the prose loose and fluctuating. The early Councils were held at different places, and while it seems rather doubtful, the Records of the Royal Burghs may show marked distinctions in dialect when they have been critically examined. The larger number of MSS. of the early laws have been assigned to the fifteenth Century. " In reality, however, the Scotch versions are translations of different and not accurately ascertained dates, but generally of the fifteenth century. We have none of these laws in any language in which the people of their day could have under- stood them. It happens, however, that there are dispersed among them old technical words which the scribes who put the text into Latin did not translate, not perhaps knowing their meaning, but incorporated, with Latin inflections." ! The admission of a * text into Latin ' by so conservative a his- torian as Dr. Burton, and the presence in these oldest statutes of many words which have retained their full Saxon flavor, incline one again to turn in the matter of belief in the early existence of vernacular statutes. The vexed question of the antiquity of the ' Regiam Majestatem ? can here be simply indicated, 2 and it is hoped that the last word in this famous discussion is still to be heard. It is probable that the Parliamentary Records were first generally written in the vernacular late in the fourteenth century. Latin and French (1385) had been used before. In the time of Robert III there appear contractions and other evidences of freedom from a Latin original. Dr. Murray gives extracts from the "oldest known documents in the vernacular" of the years 1389 and 1398 (Dial. So. Coun., p. 91, note). This should be compared with the 1 Burton's History of Scotland, II, p. 64, note. 2 Burton, Hist. Scotland, II, p. 58 seq. ; Reeves, History of English Law, I, p. 486 seq. A Study in the Language of Scottish Prose before 1600. 29 conditions in the south, in doing which one finds that the begin- nings of formal documentary and legal prose in the vernacular of the north were contemporary with those of London. 1 We have a good specimen of dated prose in the letter written by 1 George Dunbar, Earl of March to Henry IV, 18th of Feb./ 1400. MS. Vespasian, F. vn, f. 22 (in Pinkerton's History, I, Appen- dix XII). Excellent mychty and noble prince like yhoure realte to wit that I am gretly wrangit be the Due of Rothesay ; the quhilk spousit my douchter and now agayn his oblisying to me, made be hys lettre and his seal, and agaynes the law of holykirc, spouses ane other wife, as it ys said of the quhilk wrang and defowle to me and my douchter in swilk maner done I as ane of yhour poer kyn gif it like yhow requer yhow of help and suppowall fore swilk honest service as I may do after my power to yhour noble lordship, and to yhour lande Fore tretee of the quhilk meter will yho dedeyn to charge the lorde the Fournivalle, or the Erie of Westmerland at yhour liking to the March with swilk gudely haste as yhow like ; qwar that I may spekyng with quhilk of thaim that yho will send, and schew hym clerly mine entent ; the quhilk I darr nocht dis- cover to nane other bot tyll ane of thaime because of kyn and the grete lowtee that I traist in thaim ; and as I suppose yhe traist in thaim on the tother part. Alsa noble will yhe dedeyn to graunt, and to send me, yhour sauf conduyt, endurand quhile the fest of the nativite" of Seint John the Baptist fore a hundreth knichts, and squiers and servants, gudss, hors and harnais als wele within wallit town as withowt, or in qwat other resonable maner that yhow like fore travaillyng and dwellyng within yhour land gif I hafe myster. And excellent prince syn that I clame to be of kyn tyll yhow and it peraventour nocht knawen on yhour parte I schew it to your lordship be this my lettre that gif Dame Alice the Bewmont was yhour graunde dame, Dame Marjory Comyne hyrr full sister was my graunde dame on the tother syde sa that I am bot of the feirde degre of kyn tyll yhow ; the quhilk in aide tyme was callit neir And syn I am in swilk degre tyll yhow, I requer yhow as be may of tendirness thareof and fore my service in maner as I hafe before 1 Cf. Morsbach, Ueb. der entsteh. der neuengl. schriftsprache, p. 9 seq. 30 A Study in the Language of Scottish Prose before 1600. writyn that yhe will vouchesauf tyll help me and suppowell me tyll gete amende of the wrangs and the defowle that ys done me ; sendand tyll me gif yhow like yhour ansuer of this with all gudely haste And noble prince mervaile yhe nocht that I write my lettres in English for that ys mare clere to myne understanding than latyne, or fraunch. Excellent mychty and noble prince the haly Trinite hafe yhow evirmar in kepyng writyn at my castell of Dunbarr the xviii day of Feverer. Le count de la Marche d'Escoce (Directed) An tres excellent et tres puissant et tres noble prince le Roy d'Engelterre. Another letter (Pink., appendix VIII) has the date 1405. It was written by ' James of Douglas, Warden of the Marches/ pro- bably to Henry IV. Vesp., F. VI, f. 17. He Excellent and rycht mychty prynce likkit to your henes to wyte me haif resavit your honorabill lettres to me send be a Rev- erend Fadir the Abbot of Calkow contenand that it is well knawin that trewis war tane and sworn a late betwix the rewmys of Ingland and Scotland ; and forthi yhu mervalis gretly that my men be my wille and assent has byrnde the toun of Berwike and in other cer- tayne places wythin the rewme of Inglande ; in brekyng fully the saide trewis in my defaute and nothing in yhours, and als agayn my ath made in streynthing of the same trewis ; of the quhilke yhe desire rather that amends war made than ony mar harme war done, tharfor requirande me to do yhou to wyte qwethir I will gere refourme the sayde attemptats, or qwat my full will be to do o that mater. Anente the qwhilkis Hee and Excellent Prynce qwhor yhe say yhu mervalys gretly that my men be my will and assent has brennede the town of Berwik, the qwhilk is wythin Scotlande and other places in Inglande in brekyng fully of the sayde trewis I understand that giff yhour hee excellent war clerly enfourmyte of the brennyng slachtyr and takyng of prisoners and Scottis schippis, that is done be yhour men to Scottysmen within the saide trewis in divers places of Scotlande befor the brynnyng of Berwike ; the qwilk skathis our lege lorde the kyng and his lieges has paciently tholyte in the kepyng of the saide trewis, and chargit me til ask, and ger be askyte be me deputs redress tharof j the qwhilk my deputs has askyte at dayis of marche, and nane has gotyne ; methink o resoune yhe sulde erar put blame and punitioun to the doarys of A Study in the Language of Scottish Prose before 1600. 31 the saide trespas, done agayn the trewis in swilke maner, and callys thaim rather brekars of the trew than me that has tholyte sa mikylle injur so lang and nane amends gottyn. Bot it is like that the gret attemptats that yhour men dois agayn the trewis, is well concelyte fra yhour audience, for I suppos and yhe wist it, yhe wald of yhour he worschipe ger it be refourmyte and redressit, as the cause requiryt. For lang befor the brynning of Berwike, yhour men cam within our lorde the kyngs awin propir lande of Arane, and He Malasch, and til his castell of Brathwike and brynt his chapelle, and other diverse places of that land; and tuke and rawnsounde thecapitaine of the sayde castell and slow his sone and heryde al that thai mycht ourtake. And alsua thai hade takyne befor that tym certayn Scotts schippis chargit with marchandis, and the marchands tharof, in the contrer of the said trewis : of the quhilk reparaciouu and redress has bene askyte befor the brynnyng of Berwike that stands in Scot- lande the qwhilk toun yhe call yhouris in yhour saide lettres and certayne lands of yhouris wythin Inglande was brende be my men my will and my assent brekkand the trewis in my defaute and nocht in yhouris and in the contrar of my athe : thar to I ansuer in this maner that qwhat tyme it like to our lege lorde the kyng and to yhour hee excellent to ordane redress to made be his com- missionaris, and yhouris, of all attemptats done of aythir syde, I sail with the help of Gode make it well kenny t, that I half trewly kepit my athe and the trewis, as afferys to me of resoun. And quhaever enfourmyt yhour excellence that I hade brokyn my athe it hade bene fayrar for him to haife sende me that querell into wyrt, under his selle, and till haff tane answere greable, as afferit to him under my scelle agayne than sua untrewly in my absence till enfourme yhour excellence : for I tray ft he has saide mar in my absence than he dar awow in my presens for nocht displece yhour honour, learys sulde be lytill alowit wyth ony sic worshipful kyng as yhe ar. And quhar yhe say in yhoure sayde lettres that yhe desir rather amends of attemptats done agayn trewis, than ony mar harme war done tharfor to that I answer in this maner, that qwhen yhour saide lettres came to me our lorde the kyng was passit in the north partis of Scotlande, and I with al gudly hast sende yhour letteris til him, of the quhilk at the makyng of thir letteris I hade nane answer. Never the latt qwhen I hade undirstandyne yhour 32 A Study in the Language of Scottish Prose before 1600. lettres. I gert cry in diverse placis the trewis to be kepit, tray- stand that it suld be sua done on the tother part, aftyr the qwhilk crye yhour men of Inglande hes rydyne in Scotland wyth gret company like in fere of were; and has heryde Lawadyr dalle Tewy dalle and a part of Etryke forest the qwhilke at the making of thir letteris was tholyt, and nocht don tharfor. And foringiffe the trewis sail stande, it lyes to yhour heenes to se for chastying of tres- passouris, and for amends of attemptats done and that be tym : and qwhat the (yhe?) wochesaff of your heenes to do twychand the for- sayde materis, yhe wolde certify me be your lettres wyth al gudly hast. Hee almychty prynce the haly gast yow haff in his yhemsal evirmar Wyrtyn at Eddynburgh under my selle the xxvi day of July. Jamis of Douglas wardane of the marche (Directed To ane excel- lent and a mychty prynce, kyng of Inglande) These specimens indicate that the language of early Scottish prose while admitting much liberty in the representation of sounds was really uniform. Differences in spelling are too many and too irregular to be classed as separate developments, and it is quite evident that at the beginning of the fifteenth century Scottish prose was in such a mobile condition that sound- and grammatical changes, naturally a century apart, are found almost side by side. The absence of a body of literary prose of this time gives addi- tional value to these rather crude specimens. The earlier poets cannot furnish many criteria for prose : English influence, the uni- formity resulting from rhyme and metre, and artful diction induced in the poetry serious departures from the simple expression of prose. The use of ' bestial ' in poetry in the place of the more homely ' catale ' of the 'Acts ' suggests a difference in vocabulary, though in this connection one should not confuse many romance words which appear full grown in the early prose, and which correspond to the Middle English forms further south. Cf. 1 chevissance/ ' costage ' * excusateoun ? 'exerce/ 'exercitioun' 'joiss' 1 mistir ' ( plesance/ &c. Such words may be regarded as the natural inheritance from the Old French, and should be clearly distinguished from those French words adopted at a later time, when printed French books appeared in the country and served a double purpose in the original form and in the Scotch translations which were made. A Study in the Language of Scottish Prose before 1600. 33 II. Translations from the French. The first prose work in Scottish, so far discovered, which may easily be called literature is a translation from the French. It is unnecessary to dwell here upon the many causes which lead to the ready acceptance of French books in Scotland soon after the first practice of printing in France. Belief in an old alliance which tradition traced back to Charlemagne, political and social con- federation for mutual good, community of citizenship and count- less other potent and subtle causes made early adaptation of French works one of many natural results. 1 The first translation from the French which has been preserved is the manuscript copy of Sir Gilbert Hay's version of Bonnet's 2 Uarbre de Batailles, or the Buke of Batailles. This MS. is now in the Library at Abbotsford, and is marked Z, I. For convenience, it may be called 'AH.' It was first noticed by Dr. Mackenzie, in the third volume of ' The Lives and Characters of the most Eminent Writers of the Scots Nation/ &c, which appeared in 1722. The MS. was in his possession at this time, and he gave a detailed account of its contents. The next notice of 'AH ? which has been found is in Pinkerton's reference to Mackenzie in 1797, Hist, of Scotland, II, p. 421. Next, in 1838, the following title appeared in the 1 Catalogue of the Library at Abbotsford/ p. 232 : 1 v. Burton, History of Scotland ; Michel, Les Ecossais en France, les Francais en Ecosse. In 'A critical Enquiry into the Scottish Language ' Michel attributed many French characteristics to the Scottish which the more southern dialects of English had in common. 2 " The author, Honore" Bonnet, was a monk in the Abbey of He Barbe of Lyons and Prior of Salon in Provence. His name, which is often given as Bonnor or Bonhor or Bonnoz, has been ascertained from an examination of nearly twenty ancient manuscripts in the Royal Library at Paris to have been Bonnet. A Pro- vencal translation, made in the year 1429 by order of Mossen Ramon de Culdes, is preserved in the same collection, No. 7450 ; and also a translation in the Catalan dialect, MS. No. 7807. There is some indication of Caxton having translated in part the work in the year 1490, but no copy is known to exist. (See Lewis's Life of Caxton, p. 81.) The original work was first printed at Lyons, by Barthelemy Buyer, 1447, folio ; and another edition at Lyons in 1481. It was again printed at Paris by Anthoine Verard, 1493, folio, of which there is, in the Royal Library at Paris, a magnificent copy printed upon Vellum, with illustrations, — the first 3 34 A Study in the Language of Scottish Prose before 1600. ' Here begynnys the buke callit the Buke of the Law of Armys the quhilk was compilit be a notable man, Doetour in Decrees, callit Bennet prioure of Sallan, &c, MS. fol.' This MS. Dr. Laing, Secretary of the Abbotsford Club, rightly thought to be that mentioned by Mackensie, and in 1847 the Club printed a volume, edited by Dr. Laing, giving full description and extracts from it. The student is indebted to this volume for all the information regarding 'AH ' that has thus far been printed. "... we can only conjecture that it [AH] may have fallen into Sir Walter Scott's hands, either by purchase at a sale, or as a present from some of his friends. But we may conclude that had Sir Walter been aware of the peculiar interest and curiosity of the volume, he would have pointed it out, and some use of it have been made during the latter period of his life." " The Manuscript in question is a large folio of 1 32 leaves on lombard paper, written in a very distinct hand about the end of the 15th Century. It is in the original [?] wooden boards in perfect preservation, and contains, repeated in different parts of the volume, autograph signatures of ' W. Sinclair of Roislin/ ' Oliver Sinclair of Rosling, Knycht/ and ' W. Sinclair of Roislin, Knecht.' " " It consists of three distinct works : — I. The Buke of Batailles. II. The Buke of the Order of Knychthede. representing Charles VIII receiving the work from Verard the printer, who, as already noticed, had substituted the name of the reigning Monarch instead of Charles VI of France, at whose request the work was originally written. Van Proep describes this copy (Catal. des Livres imprimes sur Velin. d. 1. Bibl. du Koi I, iii, p. 81 ) and mentions two other copies on Vellum, but neither of them perfect. The discrepancies existing between the early manuscript and printed copies will readily explain the variations, which will be obvious upon comparing Sir Gilbert Hay's translation with the preceding extracts [from the French]. It must also be confessed that to a modern reader Bonnet's Book of Battles is sufficiently tedious and uninteresting ; and it need excite no surprise that the author, as he admits in his concluding chapter, having wearied himself with his task, broke off abruptly — 'Mais pour le present je ne pense plus riens a escripre en ce Livre, car fen suis tout lasse,' or, as Sir Gilbert Hay, in his translation, expresses it, — ' But in gude faith the Doetour sais, that he was sa irkit of writyng, that he mycht nocht as now, na mare tak on hand as to put in this buke of Bataillis.' " The Buk of the Order of Knychthede p. xiv. A Study in the Language of Scottish Prose before 1600. 35 III. The Buke of the Governance of Princes." (Buk of the Order of K., p. ix.) No. II, or ' The Buke of the Order of Knychthede/ was the only one of the three which was printed entire in the Abbotsford Club volume, edited by Dr. Laing. 1 Sir Gilbert Hay, after taking a master's degree at the University of St. Andrews in 1419, went to France, where he remained twenty-four years, according to the Taymouth MS., in the ser- vice of the King of France. In addition to the family history given by Laing, the following reference should be added, which is found in a portion of the old French poem, quoted by Michel 2 in another connection : "Le comte de Mar prit part avec son monde a la bataille d'Othee en Hasbain, ou bataille de Liege, qui eut lieu le 23 Septembre 1407. L'auteur d'un ancien poeme francais, compose sur cet evenement, se plait a mentionner Et le bon conte de Namur Cil de Maire et maint Escossays 1 As only a few copies of this work were printed it may be well to indicate the contents of the volume, which is now difficult to obtain. The Preface gives : I, Mackensie's account of the MS. and an extract from the French version of the Larbre de JBatailles (Lyons' edition). II, A description of the Buke of the Order of Knychthede, with extracts from Caxton's edition of the same work (Le Livre de I'Ordre de Chevalrie). Ill, A brief note on the last portion of the MS. 'AH/ The Buke of the Governance of Princes, a translation of the Secretum Secretorum falsely attributed to Aristotle. " Its popularity was so great that not less than nine English translations and six French translations are known. It is probable that Sir Gilbert Hay made his version from one of the French translations cur- rent in the Fifteenth Century," p. xxn. Then follows an account of the Hays, with what is known of Sir Gilbert Hay. Next (p. 1) (MS., fol. 85-103) comes the Prologus to the Buke of the Order of Knichthede and (pp. 2-61) the Buke itself. In the Appendix immediately following are : I, Extracts from the Buke of the Lawe of Armys [Buke of Batailles], Introduction, 'Rubryis' MS., fol. 1 to part I; Prologus (MS., fol. 2) and a few lines from the 'Primum Capitulum' (MS., fol. 26) ; 'Rubryis' to Book Second (MS., fol. 11) ; the headings of the chapters in Part III (MS., fol. 21, b) ; the Table of the fourth Part (MS., fol. 26) ; Cap. cxxxvin, &c. (fol. 77, b seq.); fols. 81, b; 83, b; 84, b. Appendix II, MS., fol. 103, b; Table of the 'Buke of Governance of Princis? Prologus (pp. 92-93); 'Alexander's letter to Aristotle and Answer,' and finally Capitulum XL, fol. 129, the end of the Buk. *Les Ecossais en France, etc., Vol. I, p. 110-111. 36 A Study in the Language of Scottish Prose before 1600. II ajoute : De ceux qui la furent venu Des nobles Escossais y fu En cestuy jour, que bien le scay Lors Messire Guillaume Hay ; Messire Jacques Scringour Fut en la bataille ce jour, Nouveaux chevaliers Escossays Furent ce jour, j'en spay la vois, Pour leur prouesse, en grant renom Sire Alexandre en son droit nom De Cominech, qui ot cuer entier, Ce jour y fut fait chevalier. Et Messire Andrieu Stievart Fu chevalier de belle part De Hay Sire Guillebert Fut ce jour en armes appert Com bon et hardi combattant. (Memoires pour servir a Phistoire de France et de Bourgoyne, etc., etc., rec. par D. des Salles et publ. par de la Barre, Paris, 1729 in 4°. Tome I, p. 373, col. I.) " The date of Hay's death is not known. "The Taymouth MS. is transcribed from another copy which had apparently been written in the year 1493 ; and the mode in which the Translator is alluded to indicates that he had been dead for several years." Buk Knycht., p. XXIX. An idea of the influence exerted by the French original upon the Buhe of Bataillis, with regard to form and vocabulary, may be had in some degree from a study of Hay's version and the French of the Lyons' edition. Extracts are placed side by side, taken from the Abbotsford vol., p. xi. Fol. 1. Here begynnys the Buke callit The BuJce of the Lawe of Armys, the quhilk was compilit be a notable man, Doctour in Decreis callit Bonnet Prioure of Sallon, — the quhilk quhen it was maid, callit it The Fleure of Bataillis, or the Tree; into the quhilk Buke thare salbe foure partis efter as the Kybryis schawis. The first part salbe, of the Tribulacioun of the Kirk before the JSTaui- titee of Christe. The secund party salbe, of the Tribulaciouns and A Study in the Language of Scottish Prose before 1600. 37 Destructioun of the Four Principale Realmes grettest of the Warld, &g. The thrid salbe, of Bataillis in specialitee. Pol. 2. Prologus. To the haly Croune of Frannce, in the quhilk this day regnys Charles the Sext of that name, the quhilk is lufit and redoubit oure all the warld be the ordynaunce of God ; till him be gevin honoure, lose, and glore, abune all erdely Lord- schippis : maist hye Prince I am callit, be my richt name, Bonnet Prioure of Sallon, Doctoure in Decreis. The quhilk I have had mony smale thouchtis and gude will to mak sum Buke ; First, in the honoure of God, and of his suete moder, and of jour hye Lord- schip. And the resouns quhy I have ondertane to mak this Buke are gude yneuch, as semys me. And first and formast for quhy ? That the state of Haly Kirk is in sik tribulacioun that bot gif God oure Lorde set sum gude remede, the quhilk was wont till mak gude chevisaunce and gude end, in that mater be the Brether of the Faith, auentureris of the Christin Faith, I can se be na way that it may wele be, bot gif thare be sum gudely way of accord- aunce fundyn and sone. The Secund cause is and resoun, For I se all Cristyndome sa grevit, and stroublit of weris, discensiouns thiftis, and reveryis, haterentis, and envyes, that men kennys almaist na realme in Cristyndome bot it is in were. Thrid resone is, for quhy ? That the land of Provence of quhilk I am borne and vp brocht is sa turnyt now for the renewing of new Lordschip, and for diverse opyniouns that ar amang Lordis and the Communiteis, that with grete payne may ony wyse man here it be rehersit, the mekle sorowe that the Commouns sustenis for sik debatis. The Ferde resoun, for quhy ? That mony notable clerkis, the quhilkis wenys thai vnderstand wele the glosy ng of ancien Prophecies, sais, that it sulde be ane of the hie lignie of Fraunce the quhilk suld sett remede in all this thingis and put this trauilland warld in pes and rest, that now is put in grete pestilence. And for this cause my curage has gevin me to mak sum newing of thing till enfourme jour jouthhede of mony syndry knaulagis of Haly wrytt, sa that jour curage suld be movit the mare to help to sett remede in the Haly Cristyn faith, the quhilk is in poynt of perising, and geve it socour ; and to geve jou corage for to do in sik manere, that the Prophecyes, the quhilkis are presumyt to be vnderstandin in jour persone maist worthy, be verifyit in jour maist noble and worthy 38 A Study in the Language of Scottish Prose before 1600. Princehede, throu jour notable and haly werkis : And forthy I mak jour Hieres hertly request and supplicacioune, that nathing that I sail put in this Buke je disprise, na lichtly, ffor all that I here say takis foundement of Haly Writt, and of the Decreis and Lawis Cannon and Civile, and Philosophy Naturale, that is Natural Resoun. The quhilk Buke sal be callit The Floure of Bataillis, or the Tree : And syne mon I pas to my werk ; and tharefore is thare cummyn to me sik ane ymaginacioun, that I will ger mak a Tree, the quhilk sail bere bot fruyte of sorowe ; as men may se, that all the persecuciouns of the Kirk and contreis beris bot fruyte of dule and diseise; departit in Four Partis, as is before said, on the quhilkis Foure Partis the divisioun of oure Buke sal be foundit .... (end) And suppose I mycht jit com- pile and gader togedir mony Vertues and properteis that suld be in a Prince, and als mony thingis of mysgouernance that he suld eschew : Bot in gude faith the Doctour sais, that he was sa irkit of wryting, that he mycht nocht as now na mare tak on hand as to put in this Buke of Bataillis j bot and God geve him lyve dayes, he sais, in his conclusioun of his Buke, he sail compile a Trety of properteis of Gude condiciouns bathe of Temparale men and of men of Kirk, that sail be gude and prouffitable for all men, that on lukis bathe langand the governance of tjiair office and digniteis, as may be compylit be the foundement of Haly Writt, and efter the Lawis writtyn. Bot here he pray is to God mekely that he send grace and gude gouernaunce to the Prince that he has compilit this wrytt for, and maid this Buke till, that is to say King Philip of Fraunce, 1 and geve him grace sa to reule his realme, and his ryall magestee and estate, that God be payit of him, and bring him till his euerlastand joye of Paradise at his ending, and all his frendis and wele willaris. Cy commence le prologue du livre intitule larbre des Batailles faict et compose par vng venerable et religieuse personne Maiste Honnore Bonhor, Prieur de Salon, et Docteur en Decret. . . . 1 The name of the Sovereign, to whom the work was dedicated at different times, was changed to suit the occasion. "According to M. Paulin Paris, the original author's dedication refers to the years 1 384-1390. (Les manuscrits Francois de la Biblioteque du Roi : par A. Paulin Paris, Vol. V, p. 103." ) Abbotsford vol. p. xiii. A Study in the Language of Scottish Prose before 1600. 39 A la sainct couronne de France en laquelle auiourdhuy par lordon- nance de Dieu regne Charles cinquesme de ce norn tres bien ayme et par tout le monde redoubte soit donne loz gloire et victoire sur toutes seigneuries terriennes. Tres hault Prince, ie suis norame par mon droict nom Honnore Bonhor de Salon, indigne docteur en decret, souuenteffoys ay en lu voulente de faire et compiller, selon mon debile entendement, ce petit liure a lhonneur de Dieu primierement de sa benoiste Mere, et de vostre haulte seigneurie Sire. Et les raisons qui mont esmeu et incite a ce faire sont assez bonnes, selon mon advis. — Primierement, lestat de Saincte Eglise est en telle tribulation et perplexite que si Dieu ny meet remede et vostre seigneurie, laquelle est accoustumee de acheuer et mettre affin les chieres advantures de la foy Crestienne, il ne voy voye ne chemin comme y puisse estre mise bonne ne briefue accordance. — La Deu- zieme raison si est, que voyez toute crestiente si greuee de guerres, haynes, larrecins et discentions que a grant peine peut on nommer vng petit pays soit une conte on duche qui bien soyt en paix. — La Tierce raison si est, que la terre de Prouuence dont ie suis ne et nourry est de present tellement atournee par le changement de noble seigneurie et pour les diversitez doppinions qui sont entre les nobles et le communes que a grant paine pourroit homme taut fust saige racompter les maulx que les gens du pays pour ce debat seuffrent. — La Quarte raison est, que ie considere choses dictes de grans elerez modernees que bien pensent entendre les Prophecies anciennes par- lans des maulx presens et dient que vng de la haulte lignee de France doit estre celluy par qui les remedes seront donnez au siecle travailant et mis en grande pestilance pour lesquelles raisons me suis efforce de faire aulcune chose nouuelle affin que vostre ieunesse soit informee de plusieurs entendemens de la saincte escripture et aussi affin que saincte foy de Iesu Crist et faire que les Prophecies qui entendent de vostre digne personne et escritures soyent verifiez par voz bonne oeuures si vous supplie mon tres hault Seigneur que rien que ie die en ce liure ne vueillez mesprier car ce que iay mis en luy prent son fondement sus le droit canon et civil et sus natu- relle philosophic, qui nest autre chose que raison de nature et aura nom cestuy livre Larbre des Batailles pour fournir lequel livre me fault trouer matiere condecente a ce faire, si mest venu en ymagina- cioun faire vng Arbre de Dueill, au dessus duquel pourrez veoir les 40 A Study in the Language of Scottish Prose before 1600. regnes de Sainct Eglise en grandes et merueilleuses tribulations. Apres pourrez veoir la grande discention qui est auiourdhuy entre les Roys et Princes Crestiens. Pareillement pourrez veoir le grande discention et mumure qui est entre les Nobles et les Com- munes. Et deviseray mon Liure en quatre parties principalis ainsi com me a plain est cy apres declaire dont en la premiere partie sera faicte mention des tribulations de leglise jadis passees devant Padvenement de Jesu Christ, nostre Sauveur. En la seconde partie sera traicte de la destruction des quatre grans royaulmes jadis. En la tierce partie sera traicte des batailles en general. En la quarte partie sera dit du battailles en speciale . . . (end) Moult daultres belles et notables choses appartenant a tous bons Roys et Princes pourroye encores dire et assez trouuer. Mais pour le present ie ne pense plus riens a escripre en ce liure, car ien suis tout lasse. Touteffoys le temps viendra si Dieu me donne espace de viure que ie escripray aulcunes choses sur les contenances de toutes personnes soyent ecclesiasticques on seculiers, hommes on femmes ce qui leur est necessaire dauoir au plus pres que ie pourray de la saincte Es- cripture et du droict escript selon les dignites de leur offices. Et ie prie humblement et deuotement a nostre Seigneur, que par sa saincte grace vous doint en telle maniere gouverner vostre Royaulme et la Saincte Couronne quil vous a commise que apres la fin il vous maine et conduyse a la saincte gloire de Paradis qui iamais ne fauldra. Amen. These extracts show that Hay was little constrained by the lan- guage of the original in giving the sense. Such words as l remede/ i chevisance/ * travilland ? were common in Scottish long before Hay's translation; but the real amount of borrowing and influence will doubtless be evident soon after the publication of The Buhe of Bataillis by the Scottish Text Society, for which it is now in preparation. The following representative extracts may be inserted. Here speris the Doctour quhat armes ar maist noble be the colouris, and quhat colouris ar maist noble in armis. Bot be cause the Princis and Lordis beris armes of mare noblesse na otheris ; and that the Doctouris has spokyn in othir tymes, and othir placis of Princis armes, and of thair baneris, quharefore I A Study in the Language of Scottish Prose before 1600. 41 will nocht here mak questioun, na dout the quhilk armes are the maist nobles and the maist ryches ; ffor quhy, that alwayis com- parison is odious ("Car toutes comparisons sont haynneuses") But it plesis me to speke sum thing of Colouris of Armes, and of thair descripciouns. And as the Doctour sais, that sum of thame is more noble na otheris, for the representatioun that thai mak be thair propre nature, and be this cause, we say, that colour of Gold is the maist noble colour that is in this warld here ; and the resoun quhy is, ffor be the nature of gold it is clere and schynand, rich, vertuovse, and confortand ; ffor oure Maisteris Doctouris, and Medi- cinaris and Philosophouris, gevis the gold in syndry wise in medi- cyne to folk that ar debilitez in thair nature, that thai can get nane othir remede for souerane remede ; and is lyknyt be his condicioun and nature to the Soune, the quhilk is the maist noble planet that euer God maid, and beris lycht till all the warld, and encresce- ment and confourt till all natural creaturis. And the lawis sais, that of all thinge that God maid, the claritee and licht is the maist noble ; and, therefore, the Haly Wrytt sais, that the Sanctis in hevyn schynis as the soune; and alssua oure Soverane Lord, quhen he transfigurit him before his Apostlis, his visage apperit to thame as the soune in someris day brycht: And because the Gold is comperit to the Soune as the propre effect of the Soune, the quhilk is king and lord of all planetis, and alssua is figurit be Haly Wrytt be the visage of our Lord, and be that cause the ancien Princis, in aid lawis of Armes, ordanyt that na noble man suld bere gold in his armes, bot Princis, Kingis, and Emperouris, for the nobless of him : And thus conclude we, that the maist noble coloure is Gold. And suppose sum ignorant men wald say, gold is metall, and na coloure, that makis nocht; ffor largely to tak colouris, be all our Maisteris and Philosophouris, all metallis, all low and lychtnes, that lemys and gevis sycht to the eynes is of the nature of colouris. The Secound coloure that is in Armoury, is callit be thir mais- teris Purpre; the quhilk he callis here Rede colour; the quhilk representis the lowe of Fyre, the quhilk is the maist clere, and lycht efter the soune, and the maist noble of all the elementis; the quhilk colour suld haue in armes were, bot anerly Kingis or Princis, be the aide custumes of Princis and Faderis of Armes, of aide tymes. 42 A Study in the Language of Scottish Prose before 1600, The Thrid colour is Asure ; the quhilk, be his figure and coloure, represents the Ayer, the quhilk is next the fyre, the maist noble element ; ffor it is in itself lignie and sutile, and penetratyf, ressa- vand the lycht throu it, and liable till ressane all influences of the planetis and of the hevynly constellaciones of nature, throw the quhilkis all this Erde is gouernyt, and all Nature ; and sum callis the coloure Ajure, hafand the colour of the firmament, sayand, that Asure is a hevynly colour, it makis not : ffor thare is bot lytill betuene, nocht than the lift is nocht colourit. Ane othir coloure is the Quhyte colour, the quhilk next the Asure is the maist noble coloure that was countit in Armoury in ancien cronikis, because that it is maist nere the nature of lycht and claritee ; and for the clereness of it, it is signyfyit to the vertu of puritee, of clenesse and innocence, and sympilness : And as to that the Holy Scripture sais, that the clethingis of Jhesu Christ apperit ay to thame of quhite colour of snaw ; and this coloure of quhite representis the water, the quhilk efter the Aire is the maist noble element. Ane othir colour is in Armoury that callit is Blak ; the quhilk representis the Erde, and be it is signyfyit dolour, ffor it is ferrest fra lichtness and claritee that betakenis blythnes, and cummys nerest to myrknesse; and tharefore quhen ony peple or folk will mak dule for ony of thair frendis dede, or in ony bataill tynt, or othir grete misaventure, men makis thair dule in that clething ; ffor it is the lawest of degree of all the four elementis, and is signifyit be it humilitee. And for that cause, in takenyng of humilitee, the religiouse men ar cled in blak wede, commonly to schawe mekeness in hert, and put away all lust of Yanitee, and vane glore warldly. (Appendix, pp. 81-83.) Here declaris the Doctour ane othir Reugle and doctryne apon the governaunce of close Bataill. That nocht gaynstandand that be malice or hete, woddnes, ram- age or pride orguilluose, or be inclinatioun, auaricius appellacioun of bataill be maid, and the party ressauis the gage of bataill, the Prince suld be wisely in his audience geving, and of gude thole mudenes, to suetely here the cause that the appelloure chalangis the appelland of; and wele copy and vnderstand all the mater before, or he geve his consent, and gif the cause movis of dett or A Study in the Language of Scottish Prose before 1600. 43 of fede, or of ony othir singular cause he suld call counsale, and inquere how and quhare, and in quhat place and for quhat cause and of quhat tyme, and all the circumstancis, and gif the Prince may be ony way get knawlage of other pruf or witnes, or othir pruf be instrument or obligacioun, or to draw out of the party be inquisicioun or confessioun, and othir maner of prufis. And gif the Prince may persaue be ony way that ony knaulage may be gottyn be ony way of the warld, the Prince suld nocht thole passe bataill. Or suppose na witnes war, bot anerly that the party al legit witnes, jit suld he assigne day till produce thai prufis before the justice ordinare; ffor quhen pruf is offerit, or allegit, all wage of bataill is slokit, be all lawis of canon and of civile. To the Thrid reugle and doctrine of battaill in Listis is this : That the Prince in na case suld juge bataill to be, bot quhare thare is na prufis allegit na producit, and that is law comman and reson- able custum ; bot he sail suere, be his faith, that his cause can nocht be prufit in na way bot be his persoun. The Ferd doctrine teching and reugle of bataill in barrieris is : That a Prince suld haue gude counsale to ger propone before him the maner of the appellacioun, and the cause and occasioun that the appellour allegis in his appellacioun, and gif him thinkis resounable the cause of the appellacioun, he suld admytt thame to the bataill ; and gif thai war nocht resounable, sloke it out, and geue na con- sent tharetill, na tholaunce ; ffor gif fulis, throu thair foly, be sa daft that thai wage bataill for lytill, evyn as to say, Qnethir growis better wynnis in Burgoyne or in Gascoyne? or Quethir is thare fairar ladyes in Florence or in Barsalonge? or, In quhat countree is thare best men of armes, in France or in Lombardy ? And the ta-part cast gage of bataill on the tothir, apon thir grete weris of lawe ; or to say, his hors runnys fastar na his ; or, That his hors is better na his, or syk lyke thing ; or, That he lufis his lady better na he dois ; or, That he dancis or syngis better na he dois, or for syk maner tromperys ; a Prince suld nocht juge na thole bataill to be, bot he suld, before the peple, in presence of his counsall, punyse syk trompouris, that otheris take ensample thareby in tyme to cum to gage bataill for sik fule causis. 44 A Study in the Language of Scottish Prose before 1600. The Fyft doctrine is : That for na wordis of hete, and sudane ire of chaude cole or of chaude mellencoly, na injuriouse langage, thare suld na Prince thole na consent gage of bataill in listis to pas ; for wordis may be said for hete, or for brethe, or for gude wyne, or othir wayis in lichtness that sone efter he may repent : bot and the wordis be injurious and dishonourable, crimynous or defamatouris, and he persevere in his outrageous langage, and lykis nocht till amend ; bot stand in his purpos efter that the ire salbe past, ellis the Prince suld nocht juge bataill to be : ffor gif he dois, he jugis again the Lawis written opynly. The Sext Doctrine is : That because thare is sum men sa hichty hautayn and orguillous and full of surquedry, that thai have na traist, na fyaunce in God na his Sainctis, bot in thair awin propre pyth and vertu of corps and strenth of membris; na has na will ; na thocht on God to mend thair mysdedis ; na to tak counsale at gude men of lyf and deuocion ; na to mak gude ordynaunce for thameself Suppose the Prince suld the bataill to be tholit to be done to the vtterest j And tharefore the King suld assigne certane day of bataill and houre to the Appelloure, and he suld ger schaw him the grete perile in the quhilk he puttis him in baith of body and of saule, and monyse him, and exhort him on Goddis behalf, that all before that ever he schape him for horse, harnais, na othir provision for the bataill, that first he schape him to se for a gude Confessour, that be a gude wise clerke, wele letterit and wele instruct in the faith, and of gude counsale and conscience, that he may dis- charge his conscience to, and schrive him wele, and put his saule first in gude estate, and his gude in ordinance, as he wald mak his testament to ga to dede, and as wyse man aw to do : Quhilk gif he dois nocht, the King suld say him u That sen he traistit nocht in Goddis help, he suld nocht traist that he war a gude Cristyn man, and that he suld have the lesse favour of him ; " and than suld he ordane him a term within quhilk he suld put him in gude estate of the saule to Godwart, and syne spere, how thai had done at thair Confessoure, and sa suld he do to the tothir : And this is a takyn that a Prince is wyse, and lufis wele God, that begynnis at him to dispone all his governance and dedis. Appendix, pp. 84-86. A Study in the Language of Scottish Prose befoi-e 1600. 45 The Buke of the Order of Knychthede. This book, No. II, in the Hay MSS. was one of many of the time professing to instruct in knightly virtues. It has a double interest from the close analogy existing between it and Caxton's Booh of the Ordre of Chyvalry or Knychthode, which forms a southern and almost contemporaneous version of the same work translated by Hay. " The original work, entitled Le Livre de V Ordre de Chevalrie, is anonymous. A copy of it is contained in a magnificent volume, written upon vellum, and illuminated for Henry VII of England, which forms part of the Royal Collection of Manuscripts in the British Museum (MSS. Bibl. Reg., 14 E, II, Art. 5). The work also exists in a printed form, although now of great rarity." ' Abbots. Club vol., p. xv. Caxton's translation, undated, " must have been printed about the year 1484, and his edition is acknowledged to be one of the rarest specimens of his press." lb. His translation is the better of the two, being written in a simpler narrative style and quite free from the repetitions and involutions which characterize Hay's prose. The two versions are sufficiently alike, however, to indi- cate their common origin. There is no evidence to show that there is any immediate connection between these works and the Boke of St Albans by Dame Juliana Berners, 1483, Part III of which contains a general account of Knighthood and of the tinctures and chargings used in Heraldry. Unlike Dame Berners' work there is no such special treatment of arms and blasonry in the Buke of the Order of Knychthede. The following chapter may be considered typical of the whole. Here begynnys the first chapitre of the Buke. The Autoure of this Buke rehersis, How it befell in a cuntree quhare a worthy, wyse, anciene Knycht, that lang tyme had bene in the exercisioun of honourable weris, the quhilk, be the noblesse and the force of his noble and hie curage, throu gret wisedome and hye gouernaunce, had auenturit his persone to pursue and ^'L'Ordre de Chevallrie, auquel est contenue la maniere comment en doit, faire les chevaliers, et de l'honneur qui a eux appartient, et de la dignite* d'iceulx ; compose par ung chevalier, lequel en sa viellesse fut Hermite." Lyon, Vincent de Portunaris de Trine, 1510, fol., bl. 1. 46 A Study in the Language of Scottish Prose before 1600. mantene justis, tournaymentis, and weris, and throu his gude fortune and prowess, hod optenyt grete honoure and glore, and victorious loving : And efter all this, as course of nature gevis till all mankynde, and othir creaturis that in this erde lyfe beris, he, considerand that this lyf mycht nocht langsumly endure, bot it behovit nedely tak ane end ; for to make gude end, and conclu- sioun to god wart, and to lyve out of the sicht of tribulacioun and vexacioun of the warld, and to be at his deuocioun in contempla- cioun of his creatour; for he sawe that God had gevin him largely of his grace, sufficiandly of warldly honoure and glore ; and that nature in him was sa faillid throu febilness, that he had nouthir force, na vertu, na powere to welde armes as he was wount ; and had deuisit and departit his landis, gudis, and heritagis till his barnis, and ordanyt for ale his thingis fynablye, and chesit to mak his habitacioun in a thik wod of a wilderness, in a faire haulch, inclosit within wateris, and grete treis bath of fruytis and of diners naturis, and of herbes, sa that he was content to flee the sycht and the repaire of the warld : sa that nane had sene him sa worthily, honestly, and honourably, had euir hidertillis manetenyt sa worthy and hye Ordere in all worsen ip, but lak or dishonestee of his cors, suld se him in his failit elde, for fault of powere of naturall strenth, in syk febilness that he mycht nocht oure him self to gouerne his persone in syk worschip of honestee as he was wount, that filth of elde schamyt him nocht, quhill he had jeldit to God and nature his naturale dewiteis : And als, that the vexa- cioun of the warld gert him nocht abstrak his inclinacioun of contemplacioun and devocioun fra the contynuale remembraunce that he was determynit in his hert to have of the glorious passioun of Crist, the quhilk he traistit, suld be a targe betuix him and the inymy of mankynde, in the day of the dredefull jugement, to sauf him fra the terrible paynis of hell. And as he was walkand a day in ane herbare allane, in his deuocioun, in a thik busk of the wod, quhare there was a grete tree in the myddis, chargit full of fair fruytis in the sesoun, the quhilkis he gaderit and held to refresch him with be tymes : And in that herbare, vnder the sayde fruyte tree, thare was a faire well of water of noble nature, quhilk in divers stryndis past throu the herber till othir gardynnis and preaux, till watere thame in somere for more gudely growth ; in A Study in the Language of Scottish Prose before 1600. 47 the quhilk herbare the noble Knycht was custumyt to mak his dayly repaire ; and thare in his contemplacioun, he maid his secrete orisoun, zeldand gracis and lovingis to almychty God, the makare of the mekle honour and worschip that he had grantit him in this warld, euermare day of his lyf, to contyuew in sik douocioun and contemplacioun perpetualy. And sa befell that in the samyn tyme, befell a grete stormy wyn- tere, in the quhilk a worthy king had sett and ordanyt a grete assemblee of Lordis and Knychtis and worthy men, for hie, grete, and honourable actis to be done, in the quhilkis mony jong bachelere squieris proposit thame to be maid knychtis of that worthy kingis hand : And sa befell that ane of the lordis sonis of that contree, quhilk had sett his entent and purpose to mak the ordre of knycht- hede at the said assemblee, and as it hapnyt him to pas throu that contree quhare the noble anciene knycht had maid his habitacioun; and forthy that the said Squier quhilk was ferre trauailit, for irk- ness of trauale and waking to cum to the semblee, he slepit apon his palfray, and wauerit fra his folk out of the hye way, sa that he become properly in the samyn forrest and wilderness quhare the knycht was induelland ; and to the samyn fontayn, in the herbere thare, quhare the knycht was at his contemplacioun, in the samyn tyme come [the palfray] thare to drink at the well. And als sone as that the knycht sawe in syk a kynde sik ane honourable man, he left his contemplacioun, and tiike out a Buke of his bosum and began to rede. And sone quhen the pallefray put doun his hede in the well for to drynk the Squiere began to wakyn of his slepe, and wist nocht quhare he was becummyn, and than rais vp the worthy anciene knycht, and comit till him to spere of his effere ; the quhilk quhen the gong Squiere saw sa hare and aide, with a lang berde, and langar syde hangand hare, quhite as the snawe, with a syde goun, aide and bare of wolle, and evill farand, with mony holis ryvin and rent, for grete age of wering, and for the grete waking and deuocioun, and penitence that he had tane till him in that desert, and the greting that he maid for his trespass of jouthhede, he was worth in rycht lene, pale and wan, with hevy chere, and holl eyne, sa that be semblance his behalding was lyke to be as of a haly man and of godly lyf. Sa that grete maruaill had thai ilkane of othir, iFor sen the knycht hed left the warld, to duell thare in that 48 A Study in the Language of Scottish Prose before 1600. desert, he had nocht sene na man in all that tyme. And the jong Squyere had mare grete maruajll, how he was hapnyt thare, and of the grete maruailous maner of the worthy man ; quhilk be his feris and port semyt till have bene a man of grete valoure ; And with that he lichtit doun of his pallefray, and salust the noble knycht, quhilk geldit him agayne his reverence and ressauit him graciously, and gert him sytt doun in the herbere, and reyne his horse, and rest him ; and lang tyme beheld him in the visage, to se gif he wold aucht say. Bot the Squyere, quhylk maruailit mekle of the efferis of the knycht, for the grete worthynes that him thocht apperit in his visage, and maneris, he deferrit till him to move first speche, as to do him reverence for honour and age. And thus the worthy Knycht spak first, sayand, Faire frende, quhat is the cause of goure cummyng here in this wilderness? And fra quhyn ar je cummyn, and quhare wald ge be? And than ansuerd the gong Bachelere, sayand, Certes Sir, thar is a grete renoun gangand in ferre contreis of a grete assemblee, and rycht honourable, that suld be maid in this land be ane of the maist worthy kingis that is in the warld ; quhare grete multitude of honourable and worthy men suld assemble, for honourable actis to be done, and thare suld the said king mak mony new knychtis, because that he him self has entencioun to be maid knycht thare, in the samyn tyme ; and thus for honour of the worthy Prince and of his new Knychthede, I and otheris drawis togedir to se thai honourable actis, and, God willand, to be maid knycht of his hand thare. And be caus that I tuke grete journeis be the way cummand, my pallefray, throu his soft passing, gave me curage to slepe, as man fordouerit, and sa bade behynd my company, and wanderit sa in this wilderness, vnwittand quhare, quhill my hors, in this haulch, heldit to drynk. Than ar je, said the worthy Knycht rycht welcum here. Bot quhen the noble worthy man herd him speke of the hye and noble Ordere of Knychthede, and of the propereteis that till it appertenis he gave a sare sob, and with a grete siche that vness mycht he speke lang tyme eftir ; rememberand of the grete honoure that he had bene in, manetenand the saide Ordre of sa lang tyme. And quhen the Squyere saw him fall in syk a thocht, be manere of ane extasy, he sperit at him, Quhat movit him to muse sa mekle on his wordis? And than the worthy anciene Knycht ansuerd A Study in the Language of Scottish Prose before 1600. 49 him, sayand, That his thocht was on the hye and worthy Ordre of Knychthede that he had spoken of, and on the grete charge that a knycht vndergais quhen he vndertakis that noble and worschipfull Ordre of Knychthede. And than said the said Squiere, that gif he coud oucht teche him of the poyntis that mycht pertene to the said Ordere, for the honour and reverence of God, that he wald teche him. And with that the said Knycht blenkit vp ; sayand, O faire sone, how art thou sa bald to sett thee to tak that forenamyt Ordere bot first thou knew the poyntis belangand the governaunce and manetenaunce of it, and the maner how it suld be kepit, gov- ernyt, and manetenit in honoure and worschip, as efferis, eftir the ordinaunce of God ; ffor thare suld nane be sa hardy to tak that hye honourable Ordre bot he war first worthy to the sicht of a prince thare till. And syne that coud the poyntis and the articlis that to the said Ordre appertenis, and to knaw bath the meritis and the prowess of the Ordre ; and rycht sa the defaultis that a knycht may mak till his Ordre ; nathare suld na knycht mak ane othir bot first he himself coud thai poyntis, techingis, and documentis, to teche thame to the vossall or bachelere, that he thocht to mak a knycht of ; ifor he is misordanyt and vnworthy knycht that makis knychtis nocht knawand the propereteis of the said Ordre, to teche to thame that he gevis the Ordre till the custumys and documentis that till it appertenis. And than said the Squyare, Faire Fader, sen it is sa that as I traist je knaw the propereteis and custumes of the said Ordre, that je wald, of jour gudelynes, teche me and informe of the documentis and propereteis belangand to the said Ordre of Knichthede ; ffor I have gude hope in God, that for the traist that I have thairto, I sulde lere besily and wele all the per- fectioun of the said Ordre. And than ansuerd the Knycht, sayand, faire sone, sen it is sa that thou has sa gude will to lere the reuglis and the documentis belangand the said Ordre, I sail len the a lytill Buke quharein all the reuglis and the Ordynaunce of all the poyntis and documentis that pertenis to the said Ordre ar writin ; in the quhilk Buke, I rede wele oft, and takis consolatioun, of the mekle honoure, wor- schippis, and worthynes, that to the said Ordre appertenis, and of the grete grace that God hes gevin me in this erde to be sa happy till haue gouernyt sa, but lak, the said Ordre, that all my grace 4 50 A Study in the Language of Scottish Prose before 1600. and gude aventure throw it I hadand rycht sa I honourit it, and did all my powere to mantene it and kepe it in worschip, but repruf ; for rycht as knycht, be his Ordre, takis bath of God and man honoure, worschip, and worldly proufnt, rycht sa he is behaldyn till gouerne, kepe, and manetene his Ordre in all honoure, worschip, and reverence, vndefoulit. And than delyuerit the Knycht the Buke to the Bachelere, in the quhilk quhen he had red a lytill space, he hevit up his handis to the hevyn, and lovit Almichti God that had gevin him the grace to cum that way in the tyme that he was sa wele fortunyt to have knawlage of the poyntis techingis and propereteis of the said Ordre and reuglis that till it appertenit, the quhilk I have lang tyme mekle desyrit to knaw. And than said the Knycht, Faire sone, thou sail tak this Buke with the" to the Court, for sen I am bath aide and wayke and may nocht travaill to schow the reuglis and documentis and propereteis of the said Ordre to thame that desyris thame, that ar with the king thou sail geve the copy of this Buke till all men that desyris it ; and thou sail hecht me, quhen thou art doubbit Knycht, thou sail cum this waye agayne this, and tell me quhat knychtis salbe maid thare, and all the manere of thair making, and how the king and the new knychtis takis in thank this Buke of the reuglis and documentis of the said Ordre ; and quha askis the copy of it. And thus tuke the Bachelere his leve at the Knycht, and the Knycht his benedictioun, and sa lap on his horse, and passit on, quhill he met with his meiige" ; and sa to the kingis palace ; and did his devoyr in gouernement of his persone rycht worthily, and gave the copy till all maner of noble men that wald desyre till haue it; the quhilk Buke the king lovit mekle, and prisit and all the lordis, and held it rycht dere (Abbots. Club, vol., pp. 3-8). Quotation from Part III of 'AH/ The Buke of the Gouernance of Princes would show little more of the language than has been evident from the two preceding extracts. The Phonology of 'AH* represents an old stage of the language and according to Dr. Murray's vowel-division, it would fall within the limits of the Early Scottish Period. That is to say, the older and simpler vowels prevail : a = Mid. Scot, ai, au; e = Mid. Sc. ei; u = Mid. A Study in the Language of Scottish Prose before 1600. 51 Sc. ui ; ex. ' sare '= M. S. sair ; < aid '= M. S. auld ; * kepe '= M. S. keip ; ' buke '= M. S. buik. Throughout the MS. there is greater regularity in the represen- tation of sounds, both vowel and consonant, than one meets with elsewhere in the early period of Scottish prose. The French element does not seem to have been consciously used, and the relative use of Saxon and Romance words is about the same as in English prose of the same date. III. The Buke of Luf. The next prose work of literary importance is the Buke of Luf which was published in Vol. I of the Bannatyne Miscellany, 1827. It is No. XIX in Asloanes MS., written about the year 1515, or No. IX in the description of the MS. given by Dr. Schipper which was made from the imperfect transcript in the University Library, Edinburgh. 1 The original MS. is now in the possession of Lord Talbot of Malahide Castle, Dublin. It is much to be regretted that this MS. has never been printed in full. Lord Talbot de Malahide allowed it to be copied in part at the British Museum for the Scottish Text Society, but it was returned to the owner before a complete tran- scription was made. At present the MS. is not accessible " even for scientific purposes." The Buke of Luv, or The Spedakle of luf or dileciatioun of wemen, is a disputation between Youth and Age, similar to many of the time, in which Age, as an old Knight, counsels and advises a young Squire in the affairs of the heart : very much as the old Knight gives lessons in knightly valor in Hay's book. The original has not been definitely ascertained ; many books similar to the Speck- takle of Luf existed at the time both in Latin and French, and, as the author says in the Prologue that the original was Latin, a closer study may discover it. This may have been, however, a trick of the author to shift the responsibility for whatever might offend the taste of his readers. 1 Poems of William Dunbar, ed. Dr. Schipper, part first, pp. 5-9. 52 A Study in the Language of Scottish Prose before 1600. The ' Buke ' is divided into eight parts, each chapter describing a class of women to whom the youth should not give his affection, ending with a praise of virtue and matrimony. It was written by G. Myll, at St. Andrews, in July, 1492, who left a short account of himself in the brief note at the end of the l Buke/ " The Spectakle of Luf, &c, translatit out of Latin into our wulgar and maternall toung, at the Cyte of Sandandrois, the x day of Julij the jer of God Ane thowsand, four hundreth, nyntye and twa jeiris, be ane clerk, quhilk had bene in to Venus Court mair than the space of xx jeris, quhill I mycht nocht mak the service that I was put out of hir byll of houshald ; howbeit to gif example till otheris to perseveir in the service of luf, at my deperting scho gaif me thre gyftis, lyk as scho dois to all thaim that contynewis into her cowrt ; that is, an aid, hair, and dotand heid ; ane emptyff and twme purss ; and ane pair of beidis of Sabill ; to causs me for to haif remembrans that I had bene sa lang in to hyr service." The following extracts have been selected. The Prologue. As I was musing apone the restles besynes of this translatory warld, quhilkis thochtis and fantessys trublit my spreit, and for to devoyd me of sic imagynatiounis, I tuk a lytill buk in Latyfi to pas myne tyme ; the quhilk as I had red and considerit, me thocht the mater gud and proffitable to be had into our wulgar and matarnall toung, for to causs folkis to mair eschew the dilec- tatioun of the flesche, quhilk is the modir of all vicis : Tharfor, be sufferans of God, I purpois to endur me bothe translatioun of the samyfl, becaus of the gud and proffitable mater it treitis of, that was, How a gud anceant Knycht, that in his youthheid had frequentit his body in the deidis of chevalrye to the encressing of his name to honour, notwithstanding his gret besynes in the factis merciall, inlyk wyss he had occupiit him self in the study of naturale philosophy, to the end that he suld eschew vice ; the quhilk gud aid Knycht opnyt and declarit vnto a goung Squyar, his sone, that was to gretly amoruss, the evillis and myshappis that men cummys to throw the gret plesans thai haif in wemen, be the delectatiouii of the flesche, except the luf quhilk is detfully vsit A Study in the Language of Scottish Prose before 1600. 53 in the haly band of matirmony ; tuiching the quhilk I will nocht speik in my sempill translations : Beseking all ladyes and gentill wemen quhar it is said in ony poynt to thar displesour thai put nocht the blaim thereof to me, bot to myn auctour that was the fyrst com pylar of this buk, the quhilk is intilillit and callit The Spectakle of Luf: for in it apperis and schawis sum evillis and myshappis that cummys to men therethrow, as the filth or spottis of the face schawis in the myrour of glas. Cap.YI (part). — Sum tyme thar dvelt a knycht in the cite that had a fair wyf, quhilk he luffit sa mekle, that the causs in paryng hir naill hir fyngar bled a lytill, for verray sorow he deit. Incon- tynent his frendis, as than was the custome, beryet him in the kyrk jard. Alsone as this knycht was gravit, this fair jong wedow, his wyf, gart byg hir a luge abone his tombe, awowand, that thar scho wald remane duryng hyr lyf in contemplatioun and praying for his soull. In this tyme the law was in Rome, that quhen ony man war justify et, the Seref behuffit allan to walk in the fyrst nycht that he war nocht stollyn of the gallowss. That nycht it hapnyt that thar was a man justify t, that the Seref, quhilk was a lusty joung man, a noble knycht, he walkit at the gallouss. The nycht was cald and myrk, how beit he saw towart the toune a fyr in the kyrk gard, quhar this knycht was berijt, to the quhilk he raid and renjeit his harss, and come to the luge, quhar he fond this fair jung Lady allane. To quhome he said, my faire Ladye, quhat do je heir in this plyte ? This Lady schew vnto him how hyr lord deit for hyr luf, and that scho wald remane thar in deuo- tioufi far his saull ; and than the Seref said to hyr, My fair Lady, je sail nocht do sa, je knaw I am a gretar lord than he was, and als noble a man as he was ; ge sail cum to the warld agane, and cheiss me to jour lord and luf. Schortlie he inducit hyr swa, that scho agreit to him. Quhill thai war thus at thar perliament, the Seref remembrit him of his office, and speid him thair, quhair he fand the theif stollyn of the gallowis ; howbeit he come agane to hir, and said, Ladye, full deir I haif bocht jour luf; and schew hyr the caiss, and how that he behuffit outher to be put in his place, or leif the cuntre* and his herytage for euermair, effermand, that he was mair hevy to depart with hyr na for all the laif. Scho said, That sail je nocht, for heir is my husband new deid ; we sail 54 A Study in the Language of Scottish Prose before 1600. put him wpe on the gallowis in the place of the theif. He said, I thank jow ; bot, be my honour, I my twiche na deid men. Scho said, Than sail I. Scho tuk hir husband and hangit him vpe vpone the gallowis. The Seref said, Yit thair is a defalt. This theif, in the taking, had his teith strikin out befor ; and als he was bollit, and wantit baith his eris ; and be nocht jour husband swa, it wil be persauit that it is nocht the theif. To quhom scho said, I sail do all that je haif devysit; and tuk the Sereffis sword, quhar with scho strak out his for teith, and cuttit of baith his eris, and with hir handis pullit the hair of his heid, and he semyt all beld, and than said to the Seref, now I haif done all that ge wald, tak me to jour wyf. To quhom he answerit and said, A ! God defend me tharfra ! for quhen I think on my eris, and on my for teith, and felis the hair on my for heid, I dar neuer ventur to tak gow to my wyf. Be this, my Sone, it may be persauit the gud- nes of wedowis and agit wemen. The tales are told in a simple style, and not without a facetious- ness which might readily be expected from the subjects treated. Until the Asloane MS. has been edited, it will be difficult to assign it a date with any degree of certainty. The editor of the Buk of Luf for the Bannatyne Miscellany gave the date as 'about the year 1515/ Laing and Dr. Mackay gave the same, and as Dr. Schipper does not accept Chalmers's reasons for assigning it to the year 1508 (Dunbar poems, 1, p. 9), the year 1515 may still be considered as the prob- able date. 1 The language of the Buk of Luf is a good sample of what might be called ''transitional •' many forms, such as 'aid/ 'gud/ 'luv/ ' kepe/ ' tuk/ &c, show the older vowels (rather than results of 1 Those portions of the Asloane MS. which are in prose are the following : "Part III: 'The divisioun of all the warld callit the cart schortly drawyn in Ingliss,' fols. 77-88 a ; Part IV : ' The wertiues of nobilness,' . . . the same as ' The Porteus of Nobilnes,' printed in 1508 by Chepman and My liar, fols. 86 a- 92b; Part V: 'The Scottis Originale,' the origin of the Scottish nation . . . written in the early part of James V reign, fols. 93-98 ; Part VI : 'Ane tractat of a part of the Ynglish chronikle,' imperfect at the end, fols. 99-107 ; Part VII : 'Ane schort memoriale of the Scottis corniklis for addicioun,' a chronicle of events during the reign of James II, 1437-1460 ; probably in prose, not expressly stated by Chalmers, fols. 109-123 ; Part VIII : 'Ane tractat drawin out of the Scottis cornikle, begynnand in the thrid age of the warld,' . . . continued till the 29th August, 1513; should stand before the preceding piece in the MS., fols. 124-136; A Study in the Language of Scottish Prose before 1600. 55 English influence), while 16th Century forms are also found : f maist,' ' leit/ ' breist/ ' dreidfall/ ' reid/ &c. As is not unusual after this time, there is a liberal dash of anglicisms, participles in -ing being most prominent. IV. Earliest Printed Prose. 1 The first Scottish printers, beginning with Andro Myllar, whose earliest dated Scotch book was published in 1508 at Edinburgh, left few works in the vernacular prose. The Patent issued by James IV in 1507 to Walter Chepman and Myllar hastened the introduction of printing into Scotland by royal sanction; and in this Patent one may see the stimulus given to the Art which a few years later made permanent the names of Bellenden and Lyndesay. One naturally looks to France for the men and the materials with which they began to print the 'bukis of . . . Lawis, actis of parlia- ment, croniclis, mess bukis, and portuns/ which were specified in the Patent • and we find that Andro Myllar had practised his art in Rouen, there being books of French origin bearing his device and the dates 1505 and 1506. The first and indeed the only Scottish prose tract extant from his press is the fragment of the Porteus of Nobilnes preserved in the unique volume containing other pieces in verse printed by Chepman and Myllar, now in the Advocates' Library, H. 30, A. I. The original leaves were much worn and have been inlaid in stout paper. The Porteus and the rest were printed by Laing in a volume entitled ' The Knightly Tale of Golagras and Gawayne, and other ancient Poems/ where the Porteus, which is a fragment, comes last. " Dr. Laing in his reprint supplies the missing leaves [of the Part IX: 'The Spectakle of luf,' &c, fols. 137-150; Part X: 'The bibill of the sex werk days according to the sex agis,' . . . fols. 151-166." v. Dr. Schipper's account in his edition of Dunbar's poems, part first, p. 5. It will be seen that next to the Hay MS. this is the most important collection of old Scottish prose ; and, when its treasures in verse are considered, it rivals in value the famous Bannatyne MS., which has been so worthily edited. When one considers that the printing of a manuscript adds to its importance and value, one is at a loss to understand why the Asloane MS. was not edited in full long ago. 1 v. note, end of vol. 56 A Study in the Language of Scottish Prose before 1600. Porteus~\ from a copy in the Asloan manuscript, and from which it appears that the original must have had seven leaves of text, besides, in all probability, a preliminary leaf, which may have contained on the recto the title over Chepman's device, the reverse being blank." 1 The fragment of five leaves was printed by Dr. Leyden in his Dissertation to the < Complaynt of Scotland/ pp. 203-208. The scarcity of these two reprints may warrant the insertion of the frag- ment, transcribed from the original leaves. Porteus of Nobilnes. . . . nor compt of is lif that servis noght diligence quhill . . . awaykynis all othir vertues Quhat avalis or quhat is ane man worth that mulijs and lyis in slogardy that will have ane soft bed Ane full wame remanyng at eas and pas the tyme day be day | and wolk be wolk and rekis not nor takis na compt how all thing pas | Quhat be wonnyn or quhat be tynt And will have men befor hym bair heid kneland and saynge that he is ane nobill quhilk is gret merual quhair his awne dedis schewis y contrair | bot quha that is a nobill he leris quhair of seruis diligence that awaiknis all othir vertuis O nobill man the Wyne graip rottis and deis gif it ly at the erd undir the leif the mischeif and fall a wise and consulis a man | and diligence that a waiknis all vertues in travail makis of ane rud and unnurist man Ane man cunning and pert and The IX vertu in nobill man | is clenelynes The hert set in nobilnes and desirand hie honour suld dispise all filth and vnhonesti for he despisis his nobilnes that takis keip and tent to othir mennis guyding | and kepis noght hym selue clene | he than suld nothir say nor do thing that war to discomende nor that myght empair or skaith ane othir man nor y my* mysuse hi[s] awne lose and honour gif he awisit thoght and lukit weill to hym selve y takis tent and keip to all othir men | foul speking and mekill myssaing or flityng or ane unhonest deuise to the man that is sene and behaldyn be mo[p. 2]-ny men | for honeste is requirit to keip in saif gard tham that takis compt and keip of othir mennis guyd- ing. O nobill man be clenelines of person plesand and fair hauyng thay keip tham fra filth y takis keip to all othir men. Annals of Scottish Printing, p. 52. A Study in the Language of Scottish Prose before 1600. 57 The tent vertu in ane nobill man is larges. Larges in all caice is sa curtase and avenand that it is the reut of honour quhair of the ane Wynnis profit the othir mereite It proflfitis y takar and delittis the giffer and amendis and settis thame baith in right thair Is na thing tynt y larges dispendis for he dispendis all his gudis be wisedom And to larges all Way gudis cumis and aboundis bot ]>e prodigal man spendand without mesure and prouision Waistis and destroyis larges than y profitis and ekis hym self and plesis and contends all otheris as y techer of all vertuis in this warelde The reward takin oblisis the taker and acquitis y giffer of his gret bounte Thing thairfor giffin is bettir than all the laif for gudis hid reports bot litill thanke ioy or plesir and auarice is waryit and haldyn abhominable be sa mekill y scho closis hir hand and giffis to na man And it cumis of tymes to y auaricius that ane othir spendis and puttis to the wynd y gudis he gaderit With gret trouble and pane And gif thair cumis to hym wexation werre or trouble thar is na man y comptis or settis therby suppois it con- fund hym bot larges gettis all tyme frendis and help y is the techar of all vertu in this warlde Heirfor ane fre liberal hert quhairin nobilnes inhabitis sulde noght be scars and haldand bot blithar and mair iocund to gif than to tak | for larges releuis and succuris a man [p. 3] and scarsness interditis nobilitie | gud deid is sic that g[. . .] will y it be reuardit Heirfor be larges the gud departis cumis again Gud deid tinis neuer it self in na tyme bot sa mekill as it dois redoundis agan to his maistir for larges heris y standard vpon all reutis that is the techar of all vertues in this warld O nobill man y riche man y lattis honour for expensis | gudis faillis him and all schift in hym confoundis Be larges the hertis of men ar sene and vndirstande y is y techer of all vertuis in this warld. The levynt vertu in nobill man is sobirnes Quhen gud desire that intendis to ascend and cum to hyght puttis the thoght to cum to honour than sulde ane man haulde and reul hym sobirly and escheu distemperance of wyne and heit that turnys gud avise in foly greuis strenth | dois wrang and hurtis y natur troublis the peace movis discord | and levis all thing vnperfite Bot quhay J;' will draw sobirnes to hym scho is helplie of litill applesit help of the wittis wache to hele keper of y body and contynewal lynthare 58 A Study in the Language of Scottish Prose before 1600. of the lif | for to excesse thair may neuir cum gud nor profit nor body nor lif is neuir the bettir And sa it tynis all maner con- tinence | voce | Aynd | lynthenes and coloure a glutoun all way has sum seiknes or sorow he is heuy fat and foule his lif schortis and his ded approchis. Thair is na man y beualis or menys a man gif he dravis him nocht to sobirnes as scho y all men plesis | help of the wittis wache of y hele keper of the body and lynthar of the lif And he that can reull his mouth that is vschare to y hert | now sulde he cum to knawlege to haue guyding of gret thingis | glutony all way leuys hie honour and graith is allanerly dede to [p. 4] hym self | ane ful wame is neuer at eas bot slepand | for othir thingis he neuer thinkis | dois nor dremis | bot sobirnes gyffis all thingis in sufficience. And to al thinge that virtu is for scho is help of y wittis wach to y hele kepar of y body and lynther of the life. The XII vertu in ane nobill man is perseverance. O Excellent hie and godly vertu my*ty quene | and | lady perse- verance y makis perfit fulfillis and endis all thingis for quhay J>* kepis thy faith full and trew techinge | fyndis without stop y way of louynge | peas and sufficienz | thow ourecumis all thing be thy secure Constance that tiris never to suffre. Thou ourcumis Wanhap y passis fortune and in all placis scho gyffis to y victory. Thou be resone thou gettis the crowne quhen all vertuis gyffis to y ouir- hand and be thy gidyng cumis to hie louing. Thay sulde weil adoure y as lady maistres and patrone sen y end makis al thinge to be louit. Thou art scho y examinis al vertus as y goulde chesis out y fynit herto's in treuth and leaute be thy humyl suffer- ance And quhay y to y assuris and deliveris him selfe. Thou rasis him quhen he is to fall And giffis him sustenance and com- fort bot J?e febil hert castyn in variance spillis and tynis in schort space all y it dois inuy brekis sik folkis that want vertu in defalt of fathe tyris thame, and honour habandonis thame thay ar punist Lady god y for gude men has gude y to gude attendis. And al noblys ]?* seikis to hie worschip gife thay be wise and will awowe to serve y | sen y ende makis al warkis to be louit he dois nathing y begynnis and endis noght And y in his warkis inclynis him to variance. Quhen J? e wark is hie worithy and louable gif y vndir taking turn [p. 5] not to perfait end his labour passis as at noght A Study in the Language of Scottish Prose before 1600. 59 at . . . manys out of remembrance and Y is atour mesure repreif and schame | for thair a man tynis his name and his science, and his endis incontinent ar tynt and gais to noght. Bot quhar that with right ordanys and auisis his doingis and to a perffit end in treuth and laute perfurnysis than his gudis than makis tham to be amendid and ekit And thay Y incontynent and haisty yield is tham to fortune Y is to aduersite may fur with dasauow nobilnes sen Y en( ^ e m & H thingis makis the warkis to be louit. O nobil man thay ar noblis that dispendis thair body and gudis in treuth and laute | and defendis thair lorde noght lousande j>° right knot of thair faith een the ende makis all warkis to be louit. Nobles report your raatynis in this buke And wysely luk ye be not contrefeit Nor to retrete sen leaute seikis na nuke And God forsuke breuily for to treit Al that fals ar and noblis contrefeit. Heir endis the porteus of noblenes translatit out of (Fr)anche in Scottis be maistir Androw Ladion Impren(t)it at Y South gait of Edinburgh be Walter Chepman Androw Millor the xx dai of aperile the yhere of God (m)ccccc and viii yheris. The principal prose works which were written after 1508 have been edited and published so that they are now comparatively easy of access. The first and most considerable was the translation of the first five books of Livy, made for JamesV by John Bellenden, Archdeacon of Moray and Ross. It is probable that this was never printed by any early Scottish press, and the MS. in which the work has been preserved is thought to be a transcript of the original : it is marked Adv. Libr. 18-3-12 (a-7-8). This was edited and pub- lished in Edinburgh in 1822, the only edition which has been printed. From the Introduction to this edition it is learned that the translation was made in 1533. Bellenden's other work, the Croniclis, was a translation into Scottish of Boece's Scotor-um Historiae a prima gentis origine, &c, and like the Livy, was made for JamesV. The latest authority says that this was printed in 1542, although the copies extant printed by Davidson are not dated. 1 The three volume edition, 1 Ann. Scot. Print., pp. 123-133, with facsimiles. V OP THS^^ pJTIVHRSITY! 60 A Study in the Language of Scottish Prose before 1600. edited by Thomas Maitland in 1821, is the only one now easily accessible. The language of Bellenden's prose differs in the Livy from that of the Croniclis ; while both translations are free, the Croniclis seem to have been more influenced by latin constructions, and the Livy is a much better sample of the vernacular. It is possible that English printers may have changed the forms of many words in the Croniclis as was the case with the first printed tracts, 1 and that the Livy, remaining in manuscript, gives a truer idea of Bellenden's style. The next literary prose work was the Complaynt of Scotland. Dr. Murray's treatment of the language, authorship and printing of this rare book, in his introduction to the edition for the Early English Text Society, 1872, left little or nothing to be added by the authors of the Annals of Scottish Printing, who regard the authorship as an open question and repeat Dr. Murray's theory that the book was printed in France. When one considers care- fully the arguments made by Dr. Leyden, the first editor of the Complaynt for the authorship of Sir David Lyndesay, one rather wonders why no critic since his time has thought those arguments worthy of further comment in detail. Dr. Leyden indeed disarmed much later criticism in his frank avowal of purpose in the Scot's Magazine for July, 1802, where he endeavors to answer certain criticisms of his Dissertation to the 1 Complaynt/ which were made in the same journal for January of that year. His object in writing the i Dissertation ' or Intro- duction was rather to stimulate enquiry than to hold obstinately to any one theory, such as that of Lyndesay's authorship. Dr. Leyden's early collation of parallel passages from Lyndesay and the ' Complaynt' has not received the consideration it deserves, and without committing oneself to an opinion regarding the author- ship, one must admit a degree of analogy between passages in the € Complaynt ' and in Lyndesay that could hardly have been for- tuitous. Until other sources for the 'Monarch^' for example have been adduced, it is not improbable to regard the ' Complaynt' as the inspiring motive, if not the original source, of the related passages and paraphrases in Lyndesay's work. 1 v. Introduction to Livy and Dr. Schipper, Dunbar, I, 19. A Study in the Language of Scottish Prose before 1600. 61 In its language the Complaynt of Scotland has been regarded as an ' extreme specimen of the Frenchified style' (Murray, Dial. South. Countries, p. 64). There are some words in the book which correspond to the sixteenth century French forms that have not been discovered in any other Middle Scottish writer ; they form, however, a small proportion of those Romance words which have been selected as ultra-gallicisms in the Introduction to the Complaynt (E. E. T.S., 1872, p. civ). The rest of these are not peculiar to the * Complaynt/ but from their common use and the differences in their spelling may be regarded as naturalized words, whose first appearance it would be hazardous to date, even approximately. Thus we find in Hay's MS. and the Bukeofthe Ordre of Knychthede such words as the following : with cautelis and subtiliteis, p. 47 (B. of O. K.), glore celestiall 54, contrair 10, convenable 32, esperaunce 19, exercisioun 3, ordanyt fynable 3, to quhat fyne 15, hautane, haultane 52, joly polist corps 48, he is nouthir lache na jit cowart 50, lachesse 49, leautee 9, lawtee 55, vnlautee 9, maleesy persones 46, menge 8, menze 46, moble gudes 26, moyen 41, misfaris misdoers 46, myster- full, myster, mister 43, noblese 3, orquillouse 27, orqueill 52, preaux meadows 4, remede 24, semblaunce 4, supple assistance 21. It is true that the exact extent of Hay's borrowing will not be apparent until his most considerable work, the Buhe of Bataillis, and the French original have been carefully compared. From the few extracts at present available (see above, p. 71), his vocabulary does not seem to have introduced many new words. In comparing the French element in the 'Acts' with that in the 'Complaynt,' the novelty of many words in the latter wears off. In linguistic study of the 'Acts,' however, the age and exact content of the several manuscripts must be more clearly at hand before results can be much more than approximate. Thus there are two MSS. of late fourteenth century, one early fifteenth, four late fif- teenth, two early sixteenth, and so on. 1 In the face of this apparent lack of evidence contemporary with the date of a statute, there occur many French words in the 'Acts' preserving the Old French form and at once suggesting the Middle English equivalent. In the following examples, when not otherwise referred, the first figure 1 The New English Dictionary dates a Scottish word from the statute in which it occurs. 62 A Study in the Language of Scottish Prose before 1600. notes the page, the second the column and the third the date of statute. The references are to the first edition of the 'Acts' by Robertson (Records of the Scot. Parliament). assouerance 38, 1, 1456 ; censment (of parliament) 496, 1, 1503 ; chalance (claim and — ) 233, 1, 1478; 'gif J>e trespas be done of sudane chautmellay 14, 1, 1425 ; chevisance (agreement) 10, 2, 1424 ; costage, coistage 9, 1, 1424 ; consuetude 55, 1, 1474 ; emplesance (pleasure) 49, 2, 1469; escusateoun (excuse) 11,1, 1423; exercitioun 625, 1, 1540; expreyme 36, 1, 1454; forfautouris (forfeiters) 11, 1, 1423; friuole, Acts, Jac. IV, 1503, cap. 35, 499, 1, 1503; galais (common word for ships) 70, 1, 1429; gener (vb. 'to cause/ 'effect') 13, 1, 1424; gratiose (gracious) 62, 1, 1425; 'priuilege and ane indult perpetuale' 235, 1, 1469; ische (sb. issue) 204, 1, 1476; joiss (enjoy) 13, 2, 1425; lawte, lawty 491, 2, 1503; 'schawingis and monstouris' 625, 1, 1540; myster 4, 2 (= ' need/ undated, preceding an Act of King William), nevoy (nephew) 697, 2, 1546 ; nevo, 160, 2, 1471; notour (notorious) 11, 1, 1423; parochine (parish) 600, 2, 1535 ; peax (peace) 200, 2, 1475 ; ' under a certane payne peccuniar' 14, 2, 1425; peremptour ('summondis — ') 40, 2, 1457 ; plane (open) court 23, 1, 1429 ; plesance (pleasure) 52, 2, 1471 ; punysion (common word for punishment) 64, 2, 1426 ; ' courtis of purprusioun ' 268, 1, 1481 ; querallis 63, 1, 1425 ; querchy (oak), 'a white wand of — ' 66, 2, 1426 ; seige (see) ; soy- tour (suitor) 200, 2, 1476 ; taxatouris, tax men 10, 1, 1424 ; travell, labour 18, 1, 1426 ; ' walour/ value of the mone 9, 2, 1474 (cf. 'strenth, valew or effec/ 158, 2, 1471). Without multiplying examples it is quite evident from the use and form of these words that they were part of the usual legal lan- guage, which w r as common to the people in their gatherings around the ' Mercat Croce/ where the new laws were made known and dis- cussed. The influences exerted by continental law upon the Scottish codes, if one may so call them, were active before the fifteenth cen- tury, and at a time when Scotch law differentiated from the English Common law. One is thus brought to a period when any French forms incorporated into the language would differ very little from those in more southern English, and these words, continuing in Scottish long after they had ceased to be used farther soutlj, would thus appear at first to be importations from later contemporary A Study in the Language of Scottish Prose before 1600. 63 French. Such words are found in the Complaynt of Scotland to a considerable degree, and, while by no means making up the whole number of French forms, they go far to detract from the author of the ' Complaynt ? the suspicion of conscious borrowing. The following words are of this nature, and they may be com- pared in form and use, with their Middle English cognates. The references are to the edition for the E. E. T. S. by page. agrest 16, arrage 125, alman 66, antecestres 108, auanse 1, bar- bir 4, bayrdit 69, brodrut 69, beaulte" 70, bestiall adj. 64, boreaus, borreaus 27, 86, borage 67, borrel, brangland 68, bruit 116, butin 146, caduc 170, cakil, carions 119, cauteil, adj. and sb. celeste 64, chenjeis 114, chestee 19, citinaris 11, clair 70, cleir 73, clips 56, conqueise 80, corbie 181, consuetude 87, compeir 114, conjuris 133, conspiration 113, contrair prep, and adj. 77, convoyit 4, cordinar 10, cronic 3, coulpe,/aw# 155, curtician 133, dantit 21, devoir, devour (distroy, overcome) 2, domage 5, devot 4, dificil 130, discrive 32, disiune, breakfast 43, dechayis 9, discumfeist 77, drog drug 81, pulce 64, efferand 56, empeschis 99, ensenje 149, eschet 133, eschaip 37, esperance 70, estime 165, evertion 1, euoir 20, facil 15, fardit 16 (? while this word is not uncommon in Scotch in the sense of l painted ' the meaning here l to embellish ' is suspi- ciously like that in Amyot, Dion. 27, quoted by Littre, s. v. 'elo- quent a in venter des raisons fardees des paroles honeste '), falset 181, fasson 69, felloun 39, feltrit tangled, dishevelled 68, fenjeit 35, ferme 59, fleuris 171, fleurise 38, forrai 114, fosses 113, freuole 183, fumeterre 67, fyne, end 2, galmound 66, galjard 66, garni- son 5, genner 153, gentrice 128, glar 68, gloire 170, glore 143, gre 134, habitis, clothes 163, heritour, heir 3, ingyne 4, impor- tabil; langage 16, lasche 146, maculat 150, manneis vb. 102, mel vb. 15, merle 39, misericorde 72, mistir 36, moyens 41, muis 113, neureis 123, nevo 76, nouvellis 119, oultraige 186, pailjeons 60 (< gael. pailliun?), pape, pope 165, pastance 64, paveis, shields 41, pissance, puissance 7, popil, poplar tree 57, plat, flat 70, port, gate 131, potent, staff, gibbet 182, prettik 14, propir, personal adj. 163, punition 27, puldir 21, rammel 37, rasche vb., tear up 125, remeid 34, reprocha sb. 127, reu, street 182, reuis 76, roy 63, rotche, rock 38, roche 99, scarmouche 114 (but not escarmuschis 6, escarmouchis 79), scisma 160, seige 5, sege 77, see, seat; solist 64 A Study in the Language of Scottish Prose before 1600. adj. 9, sollempne 121, sopit 37, spulge 89, stablit 19, succur, sugar 145, tassis, cups 76, turkes sing, (not turques), pinchers 10, vaig vb., wander 111, vilite 170, vol ye, oil 161, vollage, fickle 22. These words should be distinguished from those which seem to be peculiar to the sixteenth century Scottish, and which are only found in the Complaynt and in some cases in Sir David Lyndesay. It is misleading to include them in a category with the latter class, and tends to magnify the influences of the " French of the day." * The following words seem indeed to have been adapted by the author of the Complaynt from contemporary French. Where a word has been found elsewhere only in Lyndesay it is followed by L. austral 49, bersis, cannon 41, bestialite, cattle 43, charpentier 10, coagulis, contempil 34, contenu 23, contigue 4 (Jamieson gives another example for 1532), conferris, compares 28, curtician, cour- tier 133 L., deesse, goddess 11, dediet, dedicated 7, dispensatour 158, dominatour 79, dotit, endowed 10, empire, empyrean 48, escarmouschis 6, fardit 16, in sense of i embellish ' or 'disguised/ v. Littr6; flume, phlegm 67, gazophile, treasury, maltalent, ill will 22, niarbyr, marble 129, marynel, sailor 10, matutine 38 L., misprisis, dispises 28, obfusquis, darkens 56, olymp 3, perdur- able 20, plasmatour, creator 27 L., prochane 4 L., pulce, push 139, rammasche, collected, flocked together 38, regement 2 L., repreme, repress 154, rencontrit, rondellis, shields 42, salut, welfare 72, sapiens 43 L., seremons 7, seicle, century 4, suppreme, suppress 158, suspires, sighs vb. 70, traduction 10, vermeil 37, zelatur 76. The occurrence of French words which are common to the Com- playnt and to Lyndesay may be considered in connection with those resemblances in matter which have been noticed before (p. 117). If we are to assume that either author introduced these words into the language, it will be very difficult to determine upon which author their introduction depended, or which influenced the other 1 " The literary Scotch of the 16th Century teems with French words, not derived through the Norman channel, like the French words in English ; — but taken direct from the French of the day. As might be expected from the French sympathies of its author, the Complaynt exhibits this French element to an enor- mous extent, not merely to supply the want of native terms, but in preference to words of native origin, as when contrar is preferred to against, esperance to hope, reus to streets, bestial to cattle, verite to truth." Murray, Introduction to Complaynt, p. civ. A Study in the Language of Scottish Prose before 1600, 65 in the way of borrowing. If passages in the Complaynt (1 549) be considered the source of similar passages in the Monarch^ (1554), then one is warranted in looking upon the Complaynt as having influenced Lyndesay in his choice of words. On the other hand, the Complaynt echoes much that was previously written by Lyndesay. The Complaynt shows many homely words of Saxon origin, and the relative use of English and Romance words is not very different from that in more southern English. In elevated and metaphysical themes the proportion of French and Latin words is large; cf. p. 1, total words 169, Romance 63 ; p. 2, total 307, Rom. 87. Popular subjects require less ; cf. p. 59, total 361, Rom. 51 ; p. 52, total 350, Rom. 50; p. 43, total 330, Rom. 59. The percentage of all French words in the Complaynt (counting as French, Latin and Greek words in French form, proper names in French form and all other words of Romance origin) is .193, or about one-fifth. Manuscripts. In connection with Lyndesay's name may be considered those prose remains, which have been attributed to him and to others. There can be no doubt about his authorship of the Heraldic MS., preserved in the Advocates' Library, and which has been repro- duced in facsimile. 1 Unfortunately the prose text of this MS. is in short and detached quantity, and unsatisfactory for linguistic study. Some idea of the language may be had from the extracts here given. Fol. 3 (arms of), pe rycht potent prince Preist Jhone, Empriour of the greit Ynde. Fol. 4. pe armys oif the thre kyngis of the orient, quhilkis maid the first offerent till our Saluatour Crist iesu, callit the thre kingis off Collene. Fol. 7. Heir followis the Armys off J>e nyne maist nobill off ]>e quhilkis ];air wes thre Jowis, as Dauid, Josue, and Judas Macha- beus, thre gentiles, &c. 1 Sir David Lyndesay : Ancient Heraldic MSS. emblazoned 1542. Edited by David Laing. Published by Wm. Paterson, Edinburgh, 1878. 66 A Study in the Language of Scottish Prose before 1600. Fol. 19. pe armis quhilkis Schir Johne Balioll bair or he was crovvnit king of Scotland ; quha for his homage making to Eduard Longschankis king of Ingland contrair the aviss of J?e connsale off Scotland, and resigning of ]>e croune in his handis, was deprivit of j>e croune, and thairefter past in France, quhair he miserabilly decessit blynd. Fol. 20. Heir folio wys J>e armys of J?e noble princes Sanct Margaret qweyn of Scotland, dochter to Edward prince and here- tour to Ingland, and of Agatha dochter to Salomone King of Wngarie and spouss to J?e rycht noble prince king malcum Can- mor to quhome scho bair vj soneis, Eduard Edmound Etheldreid Edgar Alex'r, and David Call it Sanctus y succedit to ]>e croune, and tua tochteris Mauld, spousit with hery beauclerk king of ing- land and mary spousit w fc Eustachius erle of bollonye. Fol. 22. Heir followys )?e armys off certaine noble ladys queynes of Scotland sen J?e nobyll suirname of ]>e Stewartis succedit to ]>e croun of Scotland In J?e first Robert )>e secound of J>at name ]>e first King of the noble Stewartis, spousit twa lady is J>e first wes Effem dochter to ]>e Erie of Ross, quhilk bair to him twa soneis, Walter erle off Athole, and Dauid Erie of Stratherne, and ane dochter callit Effem, spousit with James Douglas, sone and air to William Erie of Douglas. Efter )>e decess of this foirnamyt lady he spousit Elizabeth dochter to ane noble Knight Schir Adam Mwir, quhilk bair to him or he wes first maryit thre soneis quhilkis he reablit, J?e first wes Jhone quhilk succedit to J?e croune, quhais name wes changit and callit Robert, ]>e secund callit Robert dwk of Albany and gouernour of Scotland, J?e thrid Alexander erle of Buquhane and lord off Badjenoch and twa dochteris, ane maryit with Jhone Dunbar quhilk efter wes erle of Murray, ane other maryit with Jhone Lyone, of quhom succedit J>e houss of Glamys, etc. Fol. 66. Gyf ony mane wald demand J?e causs quhy J?e armis of J?ame quhilkis bene foirfaltit and banisit for crymes of lesemaieste, and vtheris enormeteis, ar incert and registrat in this present buik, and put in memory, alsweill as J?e armis of fara quhilkis hes bene euir haill and trew till J>e crowne and commoneweill : It is to be vnderstand that J?e samyn is done for thre causis ; The first causs is to j>e grit honour and lowing of yhour nobill predecessouris quhilkis A Study in the Language of Scottish Prose before 1600. 67 be )>air valjeant and honerabill dedis and guide service done to princis wer begynnaris and conquerom of }?aire nobill Houssis The secund causs is to J?e gryt scham ande Dishonour of J>am quhilkis be J?air tresonabill Dedis wer forefaltit and condamnit be j?e Law and tynt all ]?at J;air nobill pralecessoum hed wyne of befoir The thryd causs is )>at nobill mene behaldand ]>e armis of }>am quhilkis ar forfaltit may inquire and considder ]>e caussis and tak exempill to eschew in tyme corayng sic exorbitant transgression is againis J?air princes in auentuir J>ai incur siclyk punisch merit to ]>air per- petuell scham and distructioun of J?air nobill Houssis. Of the other MS. on Heraldry, formerly assigned to Sir David Lyndesay, some notice must here be taken. " He left behind him," says Dr. Murray, " some tracts on heraldry." l What these were is not specified and one can only conjecture that the reference is to the manuscript in the Advocates' Library, which has the title: Collectanea : Domini | Davidis Lindssay Mounthe Leonis Armo- rum Regis, 31, 3, 20 (W. 4, 13). This MS., a folio volume of 86 leaves, paper, in Scotch, was described by Dr. Leyden in his Dissertation, pp. 54-71 ; 106, 107; and copious extracts were given. Otherwise the MS. has never been printed. Dr. Leyden believed the author to be Sir David Lyndesay, the poet, and this theory was repeated in the MS. cata- logue in the Advocates' Library. Dr. Laing thought that the MS. was later than the time of Lyndesay, the poet, and ascribed it to Sir David Lyndesay, the third ; but as he was inaugurated Lyon King on the 2d of May, 1592, and we find on the first leaf of the MS. the date ' 11. octr. 1586/ it seems more probable to connect the MS. with Sir David Lyndesay of Rathellet, who succeeded Robert Stewart as Lyon King on Aug. 22, 1568. An autograph of "David Lyndesay" is found on p. 61, near the bottom, written in the same hand and ink as the MS. In a paler yellow than the MS. on verso of fol. 1, we find : "tak head blind courteours, Nichil rerum mortalium tam insta- ble ac fluxum est quam fama potentic non sua vi iuxse." The following table of contents is taken from the MS. catalogue in the Advocates' Library. 1 Minor Poems of Lyndesay, E. E. T. S., 1871, no. 47, p. xxxix. 68 A Study in the Language of Scottish Prose before 1600. I. An award of the Constable of France regarding the pre- cedency of Heralds and Serjants at arms 1447 (The date of the original). II. Rules for combats, fol. 1, verso. III. The Lawe of arms within Lists, fol. 4. IV. The ordinance and manner howe tournayis wes wont to be maid, and the harnes for knychts and squyaris, fol. 9. V. of Harralds and Pursuevants and what perteinis them to do quhen princes and lordis are assemblit on the feild, fol. 10. VI. The manner how harralds should knaw of obsequies,, fol. 11. VII. How a chief shuld govern him in battall, fol. 13. VIII. The Offices of Constable, marischal and other officers of Arms, fol. 14. The Duties of Heralds; and a treatise for their instruction^ wherein of the colours, ordinaries and bearings of coat armour and their significatioun — the invention of armes, the blasoning of arms, &c, fol. 16. IX. Liber Armorum. How gentlemen sal be knawin frome churles — of knighthood and gentlemen — of coats of arms and their blasoning, fol. 55. X. "The buke of the Ordour of Chivalrie" in a dialogue between a wise Kuight turned Hermit, and a squire, fol. 61. XL An extract of Vegetius' 'de re militari/ translated into Inglis, fol. 82. XII. of the Coronation of the Emperor, fol. 86. XIII. at the end is — 'The aithe of a Knycht — of ane Erie — of ane Duik— of ane Herauld.' In the plan of this work we are again reminded of the common type of didactic treatises, such as were translated by Hay, Caxton and it may be, by the author of the Buk of Luf That the resem- blance may be most marked, No. X, ' The buke of the Ordour of Chivalrie • has been transcribed from the MS. (fol. facing fol. 62), and it may be compared with the versions of Caxton and Hay. Dr. Laing, in editing Hay's * Buke/ thought that this MS. version was a Scotch adaptation of Caxton's Book of the Ordre of Chyvalry or Knyghthode (p. xvi), and the differences are so slight that this view seems correct. A Study in the Language of Scottish Prose before 1600. 69 Heir followis pe first chep | tour how pe gude heremite | devysit to pe squyer the rewle and ordo r of cheualrie. Thair wes ane cuntrey in pe qlk It happinit pat ane wyse Knyt qlk hed mentenit pe ordom of chevalrije and pat wi* fors and noblesse of his hie curaige and wisdome And in auenturing his body had mantenit warm Justis and tournais And becaus he saw and that in his curaige pat he myt not lang leif as he qlk be lang tyme had bene be courss of nato r nih unto his end cheisit to him ane heremitage for nato r faillit in him be aige and had na power nor vertew to vse armes as he wes wont to do Sua pat pan his riches and all his heritaige he left to his childrene and maid his habitatioun or dwelling place in a gret wood aboundand of watteris and of gret treis and hie bering fruttis of diverss maneris, and fled pe warld becaus pat pe febilnes of his body in pe qlk he wes be auld aige fallin and pat he dishonorit not pat qlk in honorable thingis and eventuris had bene lang tyme honorit The same knyt thinkand on pe deth remembring pe depairting frome pis warld into pat vpir And also tho fc of pe ryt redoutable sentence of o r lord In pe qlk him behuuit to cum to pe day of Jugement In ane pairt of pe same wod was ane fair medow in pe qlk wes ane trie weill ladin and chairgit of frute in his tyme off pe qlk pe knyt leiffit in pe forest And under pe samm tre wes ane fontaine verry fair and cleir pat arowsit and mowsit all pe medow And in pat samm place wes pe knyt accustumit to cum every day for to pray and adoire god almig th y to quhome he randerit thanking of pe hono r pat he had done to him in pis warld all pe dayis of his Lyfe In pat tyme it happinit at pe entering of ane Strang winter pat ane verry noble king wys and full of noble customes send for mony noblis becaus pat he wold hald ane grit court and be pe grit renomy pat wes of pis court It happinit pat ane squyar muffit him to go thidder in Intentioun pat pair he suld be maid ane knyt And as he went all alone ryding vpone his palfray Ischit out of pe ryt way and enterit vnto pe forrest he being sleping vpone his horss throw pe grit travell he sustenit in his Journay In pe (bis fol. 62) mein- tyme pat he raid sua sleiping his palfray Uschit out of pe way and endit in pe forrest quhair as wes pe Knyt heremite And so lang he went pat he came vnto pe fontaine at pe samm tyme pat pe knyt qlk dwellit in pe wod, to do his pennaunce wes pair enterin for to 70 A Study in the Language of Scottish Prose before 1600. pray unto god and for to dispyss f e vaniteis of fis. warld lyk as he wes accustumit every day quhen he saw f e sqyer cum he left his Orisone and sat in f e medow in f e schadow of ane tre and he began to reid vpone ane litill buke fat he had in his lappe And quhen the palfray wes cum to fe fontane he begane to drink And fe squyar fat slepit anone feld fat his horss movit no* and lyche awalkit and fan to him came f e knyt fat wes verry aulde and haid ane grit lang berd and ane feble gowne worne and brokin for ower lang wering and be f e penance fat he daylie maid wes grittumlie discolowrit and lene And be f e teiris fat he had wepit hes ene wer verray waistit and had ane regard or countenance of muche holie lyfe Ilkane of fame mervalit of vf ir for f e knyt qnhilk had bene verry lang in f e hermitage had sene na man sen he had left f e warld And f e sqyar mervalit him grytumlie how he wes cumin into fat place Than discendit f e squyer fra his palfray and salust fe Knyt and f e Knyt ressauit him much wysly and eftir set fame vpone f e gerss f e ane besyde f e 6]>ir and or ony of fame spake Ilkane of fame beheld vf eris cheir The Knyt fat knew fat f e squyer wald not speik first becaus fat he wald do to him reverence spak first and said fair frend Quhat is gor curaige or intent or quhar go je to quhairfoir be je cumin hidder S r said he the renoufl is spred be far cuntreis fat ane King maist wyss and noble hes comandit ane generall court and wilbe maid him self new Knyt and eftir will doub and mak vf ir new knyti's of strange barroneyis and priue and f erfor I go to fis court for to be doubit Knyt bot quhen I wes in sleip for f e travell fat I haue haid of f e grit Jor- nayis fat I haif maid my palfray went out of f e ryt way and hes bro* me vnto fis place. Quhen f e Knyt hard spek of fe knythed and chevalrie and remembrit him of f e ordor of fe sarm'n and of fat qlk pertenit to ane knyt he kest out ane grit sych and enterit in ane grit thocht remembring of f e hono r in qlk chevalrie haid bene lang mentenit In f e meinquhyle fat fe knyt f us thocht the squyer deraandit of him quhairof he wes so pansiffe And f e knyt ansfwrit] to him fair sone my thocht is of f e ordo r of knytheid or chevalrie of f e gritnes in f e qlk ane knyt is haldin in manteim'ng f e gritness of f e hono r of chevalrie. Than f e squyer prayit f e knyt fat he wald schaw to him f e ordo r and fe maner quhairfoir he aucht f e bettir hono r and kepit in hie worschip as it aucht to be A Study in the Language of Scottish Prose before 1600. 71 eftir pe ordinance of God How (sone) said pe knyt knawis pou not quhat is pe rewle and ordor of knytheid And I mervale how pow durst demand chevalrie or knytheid vnto pe tyme pat pou knaw pe ordo r for no knyt may knaw [?Caxton : love] pe ordor bot gif he can knaw pe difficulteis [defaultes : C] pat he doth aganis pe ordo r of cheualrie nor no knyt aucAt to mak any knytis bot gif he him self knaw pe ordo r ffor ane disordanit knyt is He pat mayketh ane knyt and not schaw pe ordo r to him nor pe custume of chevalrije In pe meinquhile pat pe knyt said pir word/s to pe squyer pat demandit cheualry w'out pat he knew quhat thing wes chiualry pe squyer smswrit and said to pe knyt schir gif it be jo r pleswr I beseik jow pat 50 will say and tell to me pe ordo r of cheualrie ffor weill me seniit and thinkit pat I suld leir it for pe grit deswr pat I haue ]>erto and eftir my power I sail ....[? ensiewe C] it gif it pleis jow to enseigne and teche it to me ffrend said pe knyt pe rewle and ordo r of cheualrie is writtin in pis litill buke pat I hald heir in my handis qlk I reid somtyme sa bessie evin to pe end pat it mak me remember and think on pe grace and bounte pat god hes done and geuin to me in pis warld becaus pat I honorit and mentenit w e all my pouer pe ordo r of cheualry for all in lyk wyss as cheualry gevis to ane knyt all pat to him pertenit In lykwyss ane knyt aucht to gif all his force to honor chevalrie. Thou he deliverit to pe squyar the litill buke. And quhen he had red pmn he understude pat pe knyt only amang ane thowsand personis is worthy chosin to haue mair noble office pan all pe thowsand And he had alsua understandin be pat litill buke pe rewle and ordo r of cheualrie And pan he remembrit w* in ane litill and eftir said S r blyssit be je that hes bro fc me in place and tyme pat I haue knawlege of cheualry pe qlk I have lang tyme deswrit w* out pat I knaw pe noblesse of pe ordo r nor pe hon or in qlk our lord god hes set pame all pat (bis fol. 63) bene in pe ordo r of chevalry The knyt said fare Sone I am ane auld man and feble and may not leif lang And perfor pis litill buke pat is maid for pe devotioune loyal te and ordinance pat ane knyt aucht to haue in halding his ordo r je beir w fc jow to pe court quhair as je go unto and schaw to all pame pat wilbe maid knytis And quhen ge salbe new doubit knyt and ge sail returne in jo r awin cuntrey cum agane to pis place and lat me have knawlege how pai be pat hes bene 72 A Study in the Language of Scottish Prose before 1600. maid new knytis and sail be obeysand to ]>e doctriene of chevalrie Than ]>e knyt gaif to J?e squyar his blissing and he tuk leif of him and tuke ]>e buke verry devotly and eftir montit to his palfray and went fur* hestely to J?e court and quhen he wes cumm he presentit J?e buke wyssely to ]?e king And for)?ermair he offered }>at euerie noble man ]>at wald be in ]>e ordo r of chevalry my* haue ane copie of J>e said buke to ]>e effect J>at he myt se and leir J>e ordo r of knyt- hed and cheualry. Off \e begynnyng off chevalry and Knytheid. QUHEN cheritee ryaltie throw ]>e Justice and veritee fallin in |?e warld Than begynuit crueltie iniurie disloyaultie and falsnes And ]?erfor wes error and truble in )>e warld in qlk god hes creatit man for intentioun ]?at of j>e man he be knawin and luffit doutit seruit and honorit At J?e begynmng quhen j?e warld wes cum in mesprisone Justice returnit be dreid into honor in qlk scho wes wont to be And heir foir all ]>e peple wes devoydit be thowsandis And of ilk thowsand wes chosin ane man maist loyall maist Strang and maist noble curage and better enseignit and manerit J>an all v)?eris And eftir wes Inquyrit and serchit quhat best wes maist conveinable maist fair maist curagious and maist straing to sustene to avell and maist able to serve ]>e man And J?an wes fund ]?at ]>e horss wes maist noble and ]>e maist conveniable for to serve man And becaus )?at amang all ]>e beistis J>e man chesit ]>e horss and gavis him to J>e sarm'n man }>at wes so chosin amang ane thousand men for eftir J»e horss qlk is callit ane chevall in frenche is }>at man namit chevalier qlk is ane knyt in inglis thus to ]>e maist noble man wes gevin ]>e maist noble best It behwfit eftir J?is J>at )?air suld be chosin all J>e armes sic as bene maist noble and maist conveniable to battell and defend ]>e man fra deth and J?an armes wer gevin and appropriat to J>e knyt And J?an quha J?at will entir in "pe ordo r of chevalry he most think on ]?e noble begynmng of chevalry and him behuffis J?at J?e nobilness of his curage in gude customes attour to the begynning of chevalrie for gif it wer not so he suld be con- trarie to his ordor And to his begynningis and ]>erfor it is not convenable J?at ]>e ordo r of chevalrie reteyne his enemeyis in hono r na tham J?at be in contrary to his begyning lowe and dreid begyn- A Study in the Language of Scottish Prose before 160.0. 73 nand aganis hait and mesprisoun And perfoir it behuffit pat pe knyt by noblesse of curaige and of noble custome and bonntie and be pe hono r so grit and so heich pat he is maid be electionn be his horss and be his armes be Dantit and . . . . w fc pe peple and be lowe he recoveris cheritie and enseignement and be foir recovir vertue and Justice of alss mwche as ane man have mair of wit and vnderstanding and is of mair Strang nato r pan ane woman of so mwche may he bettir pan ane woman for gif he war not moir puissant and different to be better pan ane woman It suld follow pat bountie and strenth of nato r war contrarie of bountie of courage and to gude workis pan all pus as ane man be nature is moir apparellit to have noble curage and to be better pan pe woman In lykwyss he is mekill mair inclynit to be vicious pan ane woman for gif it war not pus he suld not be worthy pat he had grittar merite to be gude moir pan pe woman Be war 50 w squyar pat will enter into pe ordo r of chevalrie quhat yow sail do ffor gif yow be ane knyt po w ressavit hono r and pe servitude pat most be had unto pe freindis of chevalrie for if so moche as yow hes more noble begynning and hes more hono r if so moche ar yow mair bund in to be gude and aggreable to god and alsua to pe peple And gif yow be wikkit yow ar ennemes of chevalrie and ar contrarie to his com- andmentis and hono r ffor sa hie and sa noble is pe ordo r of chevalrie pat it sufficiet not pat pair be mair knytis of pe maist noble personis nor pat pair suld be gevin to pame pe maist noble beste and pe best pe maist noble armes and pe best onlie Bot him behuffit and it most be pat he be maid lord of mony men so in seingeorie is grit noblesse and in servitude is in mekill subiectionis Than gif yow tak pe ordo r of knytheid and ar ane vile man and wikkit pow dois grit Iniurie to all pair subiectis and to pair fallowis pat bene gude ffor be pe vilitie in quhilk yow ar gif yow be wikkit [bis fol. 64] yow aucht to be put under ane serf or bondman And be pe noblesse of knytis pat be god it is indigne and not worthy pat thow be callit ane knyt Electioun na horss na armes suffisis not pat to pe heich hono r qlk langeis to ane knyt bot it be honest pat pair be gevin to him ane squyar and seruand pat may tak hed to his horss And it behovit als pat pe awmony peple and pe bestis haif pair leifing And pat pe knyt rest him and be at ... . eftir his nobilness and desport him upon his horss for to hunt or in vper maner eftir pat 74 A Sticdy in the Language of Scottish Prose before 1600. it sail pleiss him And pat he aiss him and delyte in thingis of pe qlk his men hath pane and travell The clerkis studiand in doctrine and scyence haw pai mai cum to knaw god and lufe him and his werHs to pe ende pat pai may gif doctrine to pe peple lay and bestiall be gude exampillis to knaw luf servie and hono r god oure gratious Lord for to pe end pat pai may ordinarlie do pir thingis J>ai follow and perse wis pe scollis Than pus as pe dark is be honest lyfe be gud example and science have gottin ordo r and office to inclyne pe peple to devotioun and gude lyfe In lykwyss pe knytis be noblenes of curage and be force of amies mantene pe ordor of chevalrie and have pe samm ordo r to pe end pat pai inclyne pe small peple be pe dreid be pe qlk pai sail dout to do wrang schame to ane vpir The science and pe scole of pe ordo r of chevalrie is pat pe knyt mak his sone to leir in his jowth to ryd for gif he leir not in his jowth he sail neuir leir in his auld aige And it behuffis pat pe sone of ane knyt in pe tyme pat he is squyar can tak kepyng of horss and him behuffit pat he serve and pat he be first subiect or he be lord for vpir wiss suld he not knaw pe noblenesse of pe seig- neorie quhen he suld be ane knyt And perfoir every maw pat will cum to knytheid him behuffis to leir in his jowth to kerf at pe table to serue to wine and to doube ane knyt ffor In lykwys as ane man will leir to schaw for to be ane tailjeor or ane carpentar him behuiffit ]?at he have ane maister ]>an can schaw him to schew or hewe all In lykwyss it behuffis |>at ane noble man J?at luffis J>e ordo r of chevalry and wilbe ane knyt ffor Jus as ane disconveniable thing it suld be ]>at ane man J?at wald leir to sew of ane carpentar all Inlykwyss suld it be ane disconveniable thing ]>at ane squier suld leir J?e ordo r and ]>e noblenes of chevalry of ony o}?ir man J>an of ane knyt samekill is heich and honorit ]>e ordo r of chevalrie that to ane squyaris not sufficient not only to keip horss and leir to serve ane knyt and J?at he go w* him to tournayis and battellis bot it is neidfull J?at )>air behaldin to him ane scole of J?e ordo r of knythed and J?at J>e science war written in j>e buik and ]?at ]>e art war schawin and red And f>at ]>e sounes of knytis leir first ]>e science pat apper- tenis to ]>e ordo r of chevalrie And eftir J?at J>ai war squyaris J>ai suld ryd throch divers countreyis w* ]?e knytis and gif pair war nane error in pe clerkis pai suld haif deuotioun and lufe to god And be pe knytis J?ai suld dout to do wrang tresson and bariet A Study in the Language of Scottish Prose before 1600. 75 ]>e ane to ane vj?ir Than sen J?e clarkis haif sic maistem and doc- trine and go to ]>e scollis For to leir and J?air be sa mony sciences j>at J?ai bene writtin and ordanit. In doctrine grit wrang is done to }?e order of knytheid of J>is J>at it is not ane science writtin and red in scollis lyk as ]>e vjnr sciences And j7e/*foir he ]?at maid ]?is buke beseikis J>e noble king and all )>e noble cumpany of knytis |?at bene in J?is cu?itrey assemblitt in ]?e hono r of chevalrie ]>at of ]>e wrang }>at is done to it maybe amendit and satisfactioun done. Two other MS. works should be noted here, not because they possess remarkable linguistic material, but because they show, with Knox's History of the Reformation and Bannatyne's Journal, the change to English forms and constructions. The first is the MS. without title, which was afterwards called the " Diurnal of Remarkable Occurrents, that have passed within the country of Scotland since the death of King James IV till the year mdlxxv." This was printed for the Bannatyne Club, 1 and the Introduction by Thomas Thomson gives all the information at present available. " Of the author or compiler of the following 1 Diurnal ' nothing is known, or seems likely to be discovered. The MS. from which it has been printed came into the possession of the family of its present owner in the reign of Charles II, and appears to be of the latter end of the 16th Century, or beginning of the 17th. It is obviously the work of an ignorant, and often care- less transcriber ; whose frequent mistakes, in the names of persons and places, are not the most important or perplexing of his apparent deviations from the original. Some errors, however, are of a kind which cannot be fairly ascribed to the mere negligence of tran- scription and with which the original author may be more justly presumed to have been chargeable." ... " From the era of the battle of Flodden and the death of King James in the year 1513, at which it commences, down to the termination of the government of the Earl of Arran in 1553, its details, comparatively meagre and occasionally inaccurate, are obviously not recorded by a contem- porary chronicler, but must have been derived from tradition and other imperfect sources." ..." The next and most considerable 1 From a MS. of the 16th Century, in the possession of Sir John Maxwell of Pollock, Bart. Printed at Edinburgh, mdcccxxxiii, under the superintendence of Thomas Thomson, Esq. 76 A Study in the Language of Scottish Prose before 1600. portion of the work, beginning at the year 1557, and ending in June, 1572, bears evident marks of having been written by a con- temporary observer, residing in Edinburgh, and probably enlarged in some subordinate official position, not very remote from the Court, yet not of such a kind as to afford him accurate or confi- dential intelligence in matters not obvious to all the world. . . ." The language shows influences of legal vocabulary and construc- tions, and there are few French words which catch the eye by oddness of form or use. The other work upon which, with the " Diurnal," historians have drawn is the History of Lindsay, of Pittscottie, commonly known as l Pittscottie/ Several MSS. of this work exist, the following having been examined. They are numbered for convenience of reference. No. I. Laing MSS. in the Edinburgh University Library, No. 216, page 17 of the catalogue — small folio with modern title pages and an introduction in verse of 3 J pages, 154 leaves. Title: a The Continuation | of] The Chronicles & | History of Scotland ] written by M r Hector Boes & translated | by Mr. John Ballantyne, begin- ning where they left | off at the Death of King James the first and | ending anno 1565 | by Robert Lindsay of Pittscottie | continued by another hand to King James the 6th | coronation in England anno 1603." The MS. itself begins : " Heir begynnes J?e table of this buik ordorlie as it was writtin frome ]?e begynning to ]>e end and as J?e samen may be found as je may persaue be \q figures." The mixture of English spelling is evident from the first line of the body of the work. " Heir begyneth the angtient Buik of ]>e cronicles of Scotland." This MS. begins with James II and ends 1606, with the King of Denmark being given the Garter at Elsinore, and a description of the latter place ; it has also the introduction, pp. 1-7, with the description and early history of Britain. No. II. Laing MSS., E. U. L., No. 218, p. 17, catalogue, sm. 4o. This is a much later MS. than I, and is written in a small neat hand, in uncial-like characters, on 384 pages. It also con- tains the poetical introduction which does not vary from I save in a few spellings. The chronicle ends with Feb. 25, 1598. The MS. begins immediately after the poem, without the historical intro- A Study in the Language of Scottish Prose before 1600. 77 duction, with the words : ' Heere beginneth the xvni booke of the Chro|nicles of Scotland, where M r Hector Boes left and M r John Ballantyne translated of the five Kings of the Stuarts beginning at James the second.' The "Addition " (p. 380) brings the narrative account from 1565 to Feb. 25, 1598. The language of this MS. is quite English, few Scotch forms appearing. No. III. Advocates' Library, Edinburgh, 35, 4, 10, sm. fol., 152 leaves in good condition, and written in a clear hand; hand- somely bound. The introductory poem of I and II is wanting ; the first five leaves of the Introduction contain the description of Britain, beginning : " Heare begines ane breife discriptione of Ing- land, Scotland, Waillis and Cornewaill." The MS. has marginal notes and ends with the description of the castle at Elsinore ; presents given to the King of Denmark ; his Ambassador's return, and a meeting at Hampton Court : finally there follows the Table of Contents. This version is more Scotch than the others. No. IY. Adv. Library, 35, 4, 11. Bound like No. III. This MS. does not contain the poem or the description of Britain, and after the short introduction as in I. There are 108 leaves of the history ending with 25 Feb., 1598. There is no table of contents. Unlike the others the MS. is written in two hands ; the second begins at fol. (verso) 17, soon after the opening of chap. xix, this hand resembles that of I, but separate location of the two MSS. made comparison impossible. No. V. British Museum, Harleian MSS. 4687-62 d. Fol. of 149 leaves bound up with No's 145 and 148. Time did not permit a careful study of this MS. These MSS. may be the ones consulted by Dalyell in his edition, 1 but a vague reference to several manuscripts leaves one in doubt as to his sources. In using these manuscripts Dalyell did not aim to preserve consistency in the language ; constructions and forms are therefore common which can hardly be said to represent in their Lindsay of Pittscottie, Chronicle of Scotland, 2 vols, in one; Edinb., 1814. Other editions of Pittscottie have been issued : Laing, in his edition of Knox's ' History' (Wordrow Society), note, p. 18, cites that of 1728 and of 1776. Modern- ized versions have also been printed. rr 1? 78 A Study in the Language of Scottish Prose before 1600. collocation either the Scotch of late 16th Century or of the English of that time. It would seem that late 1 6th Century Scotch is hardly practicable matter for the grammarian ; what appear to be English departures from the Scottish of the early part of the century may have been characteristic of individual writers, such as Knox, or common to the literary language, while not yet assimilated in the vernacular. Until, therefore, one MS. of Pittscottie is edited, No. Ill for example, with variants and additions from the others, Pittscottie should not be considered as accurately representing the language of late 16th Cen. In spite of the anglicisms, Dalyell has preserved many Scottish forms : contrair to his conscience p. 389, conjured enemies 123, king melled with her 268, yeid vagand 329, gett his disjone readie the morne 332, casting all the moyane he might 338, spolzied of thair bestiall 138, though we have beine in use of the same consuetude 354. By the side of past participles in -ed we find the verb with Scottish endings : I for my part appeallis from your summondis and judgment, and takis me to the mercie of God 267, i wott and knawis treulie p. 1, i hear . . . appeallis and takis me . . . and summondis you 317. In marked contrast with the anglicised Scotch is the description of a pageant, in manuscript, preserved on fol. 130 of the Abbots ford 'AH.' It is one of the leaves at the back, which, with a short his- torical treatise in Scotch, was bound up soon after it was written. The 'Pageant' bears the date 1562, and professes to be a descrip- tion of ']>e processioun and bering of ]>e Sacrament in Antuarp the first day of Junij ]>e jeir of God /\vlxij.' It forms a valuable addition to the scant materials for the history of Pageantry in Scot- land and the use of common names for some of the characters : ' Dauid Dispit ' and ' Willie Wanreft,' with the sentence at the end '. . .to the takin I wissit (wished) ]?ame cumand in at ]?e toun end of D uncle' shows that some features of the Pageant were not un- familiar to the Scottish scribe. The transcription of the MS. is given in full. Heir followis J?e ordor of J?e processioun and bering of pe Sacra- ment in Antuarp the first day of Junij J?e jeir of God /\vlxii Item in ]>e first proceeding on carttis drawin be hors as followis )>e elephantis of ]>e mesour often faddomis of heicht w* ane goddes standand aboue haldand in hir hand ane apill of gold Item ane A Study in the Language of Scottish Prose before 1600. 79 dramadare berand ane castell on his bak w* certan men and artail- jerie in ]?e samyn ay schutand and castand fyre ballis in ]>e aire Item ane vondrons greit pictoure of ane man callit golyas of J>e quawtite of viij faddoum heicht and v faddoum of thiknes w* ane beird of tua ell is of lentht and his heid behaldand all ]>e partis of ]>e toun as he had bene lyfelie and certane of his awin barnis gan- gand about him to J?e nomer of xxiiij all monstoris to behald and luke on Item ane schip braulie w* saillis and all workmen and ane trumpeter w* in hir sailland on ]>e calsay as it had bene in waiter w* out ]>e persawing of men ha wand skipper w 4 marinallis and gunam all reddy at ]>e sound of his quhissill Item ]>e vesitatioun of o r Lady Item ]>e berth of christ in bathlem w* ane greit nomer of schippard/s ganand about him to ]>e nomer of xxiiij all cled in schippardis array w fc stalf bage pype all playand Item J?e rout of Jesse growand as it had bene ane tre w* mony branchis and on evry branche ane joung damysell all cled in fyne claithe of silver and fowr fair Ladyis on ]>e heicht of )>e tre all cled in fayre cleith of gold Item Abrahame w* thre parsonis w* him cled in caippis of gold w* schawin swyngeom about him syngand te deum laudamus Item ane greit gloib borne on ane cairt )>e men being w* in ]>e samyn turnand ay about \>e said gloib wout ]>e perseving of ony body w* iiij trumpettis blawand ]>e quhilk gloib representit \e vanite of J?e warld as it had bene \e quhill of fortoun sum tymes up and sum tymes doun Item ane braue gentill uoman w* hir yplesis all cled in claitht of siluer hawand greit cofferis w fc J>ame significand ]>e greit riches of J?e world Item ane v]nr braue gentill voman sitt- and on ane trone maid of heicht guantitee to my jugement to }>e heicht of ane castell representand ]>e heichtness of J?e warld coplesis David Dispit and Willie Wanreft Item ane cart w* wemen and bairnis braulie cled sum dansand sum singand sum drinkand sum at harlotre sum at pastyme sum at )>air awin plesoure quhilk repre- sentit ]>e wrak of J>e warld Item followand hir in ane v]>ir cairt ane braue gentill man weill serwit w* his compleciss w fc ane tow full of theingis and cruellie J?air executing Justice as it apperit to me in deid sum be hangit and sum be hedit v}nr sum be pat vpone rattis and sum be pat in presone conforme to }>air defaltis Item followit pallidess mekle cled in blew purpor welwat accumpaneit w* Dame hunger going efter hir w* certane pure folkis all nakit 80 A Study in the Language of Scottish Prose before 1600. and ane vj?air vomaw callit Dame flattre followand J>ame Item Sanct Anthone rydand on ane horss ladin w* iij dewillis and cer- taine pardownaris w* J?ame Item ]?e powertie of ]>e warld w* pitie and laubo r all war allane in ane cairt petaienslie to be hald all in ane sekcleitht Item ane brave gentill woman set heicht in ane w* hir ladyis to J>e nomer of xxiiij representand mansuetude and followand her dreiddo r and petie Item an angill on ane cairt w* babeis and barnis brawlie cled in fyne sylkkis all in ane hew representand pace rycheis and meiknes to J?e nomer of ane /\ c (500) Item followand |?air efter all craifltis men on hors w* J?air taiknis and syngnis of J?air awin craift berand in J?air handis to J?e nomer of ane thowsand all prenteissis Item betuix eilk ane of J?ir cairtis and pages forsaidis ]?air wes joung barnis baitht men and wemen rydand apone horss princlie cled Betuix eilk cairt xxiiij representand J?e barnis of israel w* singnis of auld testaments in J>air handis Item J?air wes J>e pictor of crist sittand on. ane bow w* angellis blawand J?air trumpatis representand )>e day of Juge- ment w* )>e deid bodyis risand in sundry partis of J?e erth as it had bene ane thing By ]?e capacite of men and J?e dewillis on J?e said cairt resawand )>e condampnit creatara w* greit lamentatiounis jowl- ling and jowting quhilk vas ane intolerable thyng to be hald Item efter followit J?e blak freir is berand ane kirk apone J?air schuldem couerit with claith of silver j?air efter followit J>e gray freiris to ]>e nomer of iiij than followit J?e nowassis singand to J?e nomer of ij° Item efter followit certane preistis to J?e nomer of iij w fc quhit lawi(n) surplechis vpone )?ame singand afor J?e sacrament Item J?air efter followit certan quhat monkis to ]?e nomer of lxxx berand tua greit siluer croceis to my estimatioun vi Stane vecht syngand awe crux Jesu Item come certane quhait schawillingis cled all in quhait damess to the nomer of ij c castand ]>e mir and sence about J?e pepill berand J>e fego r of christ in gold singand awe rex gloria Item J>air eftir followit certane men of weir all cled in grene velvet iij and iij in ordo r w* J>air concubinis berand J>air bulgettis at J?air bakkis beand all cled with heid pecis morionis o r gilt w* gold to J>e nomer of ane thowsand everilk man w* his culueryng on his schoulder schutand throw all ]>e toun and j;air concubinis bringand thame drink on ewery stryt of ]>e toun Item followit ane certane of tua handit suirdtt men to ]>e nomer of viij c cled all in blew purp veluot A Study in the Language of Scottish Prose befwe 1600. 81 w* cheingeis of gold about pair nekis and eilk v c hawand aue capi- tane w* all his vamphelom and offisaris awaitand his comand Item followit certane pic men and halbartis all cled in pe duche fasone callit sue(i?)scheis in reid weluet all pair hoes drawin furtht w* reit sating to pe nomer of xij° Item pair efter followit certane joung men burges mennis sounis to pe nomer of vj c all cled in claith of gold and syluer and euerilk ane of pair horss was extemit to iij crounis of pe sone by pe rest of pair clething and be my Jugement I culd not exteme pame bot gif pai had bene princes Item pair followit betuix euerilk ane of pir companyis ane snache ane hand steinje ane trumpet and ane quhissill and ane kyng eftir pame w 4 ane croune of gold on heid and ane schepto r In his hand and iiij auld Sege men about hyme quhilk men of weir drew to pe nomer of x ai or perby Item followit all pe honest men of pe toun w fc pe prowest and bailgeis and consall Ilkane ane small paintit stalf in pair hand of red collor w* ane hundretht offisaris uvatand on pame Ilk offisar hawande ane halbart on his schulder all brawlie cled in sating and weluet Item pair efter come certane preistiss to pe nomer of lxxx berande pe sacrament on pair schulderis all cled in fyne caippis of gold to pe takin I wissit pame cumand in at pe toun end of Dunde Item pair mess beand doune all pe artailjorie of pe toun schot greit and small to pe nomer of xx ai scAote as honest men of pe toun did report and as honest scottis men can verifie pat ves per* present. VI. Phonology of the Vowels. The Phonology of the Scottish prose examined is too irregular to be made a subject of definite classification. In Dr. Murray's division of the language into periods, pp. 142-143, Dial. South. Counties, the vowels in the Early and Middle Periods practically coincide in 45 out of the 57 cases given. In the 12 cases where a marked difference has been made of sound or representation, it will be found that, in the prose, sufficient data for a basis of division in these 12 are not always apparent. We find early vowels in the Middle Scotch, and diphthongs, mixed or broken vowels in the 6 82 A Study in the Language of Scottish Prose before 1600, language of the Early Period. These 12 cases in Dr. Murray's division which theoretically separate the two periods are : o. E. a faran se rsede e bere e he> ea eald ea(r) beam ea eae eo de6p 6 boc u tun ti (final) cu tih ruh EARLY SCOTCH. a fare e rede e bere e her a aide a barn e eke e depe u buke ow town ow cow owch rowch 4 15 20 21 24 25 26 32 49 53 54 55 MIDDLE SCOTCH. ay fayr ei reid ei beir ei heir au auld ay, ai, bairn ei eik ei deip ui buik ou toun ou cou ou rouche Taking up these sounds as they have been found in the prose they may be collected as follows : Early Scottish a (Middle Scot, ay, ai, au, aw. Murray). (0. E. a, d, az, ce, 6a, &c.) Register Scotch Parliament. Before 1424, mak 3, 1 ; havyne, ' haven ' 3, 1 ; thame 3, 1 ; stanys, stones 3, 2 ; zardis, enclosure 4, 1 ; scathis 4, 1 ; amangis, bath, schawe, hall 1424; bath 1466; hale, ' whole/ have 1469; faris, < fairs' 1469; aid 1471 ; barnis 1540. Hay, B. of t. O. of K., barnis p. 3, bath 4, hane 4, eak 4, allane 4, evermare 4, tak 4, thare 5, sa hare and aide 5, hare, ? hair ? 5, snawe 5, bare 5, haly 5, bade, ' remained ? 6, sare 6, wald vb. 6, knawe inf. 8, schaw vb. 8, thame 8, lap, leapt 8, warld 9, amang 9, stark 9, lave, remainder 10, strakis, strokes 10, grathit 13, wate 3, pi. know 14, awin 15, sakis 15, ath 22 (aythis ib.), takenis 30, aide 31, anys 32, calde 33, grathe, girt 42, nede bestad 42, wapinis 56, gate 56, hamely 58. A Study in the Language of Scottish Prose before 1600. 83 Buk of Luv, aid Introd., haly ib., agane ib., warld Prol. band ib., hart Ca I, farest, fairest Ca II, stark ib., tak ib., lat Ca III, stall, stole pt. Ca IV, banis, bones Ca VI, cald ib., wame ib. Porteus of Nobilnes, haue inf. 1, warkis 4. Bellenden, Livy and Chron., have, thare, behald, pame, gate, &c. Complaynt of Scotland, al mast 1, aid 1, tha, they 2, baris 3, daly 3, stane 20, bane 20, cart 48, cald 52, hartis gen. 71, slane 79, hang 93, (anglicism? sc. hing) haue 176 (common). Heraldic Collection MS., spak pret. haly, takin, gane, facht, fought, pret. Pageant MS., pat, ' put/ barnis. Early Scottish e (Middle Scot. ei). (0. E. at, ce, e, 3, ed, eo, eo, i, &c.) Reg. Scot. Par. : before 1424, ferding 3, 1 ; bestis 3, 1 ; sek, 1 sack ' 3, 1 ; hering 3, 1 ; lede pp. 3, 1 ; wecht 3, 2 j kellis n. pi. 3, 2, derrest 3, 2, zerde (of ship), 4, 1 ; kepit pp. 4, 1 ; suer 4, 1 ; lefull 4, 3 ; geve 4, 1 ; nechbowris 4, 1 ; gef 4, 1 ; wersyt pp. 4, 1 ; heddis and nebbys of )>e hennys 4, 2 ; erde 4, 2 ; herde pret 4, 2 ; selde inf. 4, 2 ; wede 5, 1 ; zeme ib. ; stede ib. ; delfe ib. ; lele 5, 2.— eldast 9, 1, 1424 ; erde 10, 2 ; zer ib. ; lege 10, 1, 1424 ; sped- full 1424 ; greth, wele ib. ; spere 1425, mekle 1466 ; werk 1469 ; wer vb. 1471 ; schep 1504. Hay, B. O. K., grete, * great ' 3, erd 3, chesit 3, eld 4, jeldit 4, hert 4, mekle 4, ferre, ' far f 5, rede 5, hede 5, slepe 5, spere vb. 5, berde 5, greting 5, leue 5, feris 5, heldit 6, speke 6, bene 6, leve 7, wele 7, kepe 7, red pp. 8, geve inf. 8, leve 8, dere 8, gere 9, drede 9, chess 9, beste, ' beast ' 9, bere 10, kepe 10, hele 10, dede, i death ' 10, kepe sb. 12, dedis 12, nede 12, ferd 14, weris 14, eldar 14, beris 16, schelde gen. 17, lere 22, dee 22, gretis 22, eris 23, lee 24, revare 24, thef 24, stelis 25, were, worse 25, lele 25, brek 26, meke 27, stedefastnes 27, peple 27, rekkis 29, wenis 29, hete 33, mete 33, eke vb. 37, scherand, cutting 38, seker 39, stretis 39, sterap, stirrup 40, werst 48, werrays 49, werk 51, fer 52, kemmand, ' combing' 55, nedefull, spedefull, grettar 55, mekle, dere 60. 84 A Study in the Language of Scottish Prose before 1600. Buk of Luf, mekle, Introd., gret ib. ; red pp. Prol. erdly Ca I ; kepe Ca II, teris ib. ; felis ib. ; besekis ib. ; serk Ca III, ferd ib. ; dredand ib. ; wepand ib. ; jeris Ca IV erd ib. j eris Ca VI beld, 'bold'ib. Porteus of Nobilnes, rekis (3, sing) 1, dedis 1, schewis 1, deis 1, erd 1, kepis 1, ekis 2, gret 2, werre 2, hert 2, levis 3, ded 3, hele 3. Bellenden, Livy and Chron., mene tyme, bedis, wery, bene, be- held, ene, grete, setis, hedis, fecht, rede, bere. Complaynt of Scotland, ther, l their y 1, kepit 3, i hef 16, dede, death 20, gef 21, teche 33, cleene 34, we hef 46, mekil 55, rede 58, depe 60, clethyng 68, grene 69, tethe, ' teeth' 73, trest 79, est, east 79, hed 87, brede 122, frend ib. Herald. Coll. MS., gret 1, bering 1, gerss 5, sterap 56, swerd ib., fecht 63, mek 64, wersland, wrestling 64, gretand 64. Pageant MS., bering, mekle. Early Scottish u (Middle Scot. ui). 0. E. 6, o, 4, u, &c. Reg. Scot. Par. before 1424 : furthe 3, 1 ; mate sb. 4, 2 ; gude 5, 1 ; gudis n. pi. 5, 2.— muif 9, 1, 1424 • tuke 1466, 141/2 ; gude 156, 1, 1469 ; bruke 158, 2, 1471 ; buk 158, 2, 1471 ; blude 732, 1, 1558. Hay, B. O. K., buke 3, gude 3, tuke 6, fut 10, lufe 10, tume 20, rute 27, abufe 34, lufit 44. Buk of Luf, buk 1, luf 1, tuk Prol., cule Ca II, blud Ca IV. Port. Nobil., gudis 2, gud adj. (cf. reut 2, reul 3, nw 5). Bellenden, Livy and Chron., gud, guds sb. pi., tuke. Complaynt of Scotland, dune, l done' 3, gude 10, fule 14, abufe 20, behufe 29, tuke 37, fut 37, mune 47, clud 58, blud 58, bure pret. 68, sune 78, culd, ' could' 81, brukit 86 (cf. beuk 16, 35, 82, teuk 30, smeuk 42, sleu 76). Herald. Coll. MS., gude 1, buke 4, 8, 55 bis, tuke 10, luv 11, luk 61 of vi, fute61. Pageant, culd. A Study in the Language of Scottish Prose before 1600. 85 Early Scot, -ow; Mid. Scot. ou. 0. E. 4, d, &c. Reg. Sc. Par. before 1424 : kowe 3, 1 ; wowe, ' woll ' 3, 1 ; sownce 3, 1 j towne 3, 1 ; twne 4, 1 ; out 4, 2 ; zowe, < yew ' 1424 (toune 60, 1, 1424 ; thousande 3, 1 ; brouke 1424). Hay, B. O. K., thowsand 9 (thousand 10), mistrowaris, now 46 (doun 5, goun 5, jouthede 5). Buk of Luv, throw Introd., thow Ca II (joung Introd., toung Prol., doun, toune Ca III). Port. Nobil., nw 5. Bellenden, doun. Complaynt of Scotland (cou 64, foul 178, gone, 'yew' 42, oure 1). Herald. Coll. MS. (doun 56), bowsum 70. Pageant (toun). Early Scottish o (a); Mid. Scottish oi (o). Reg. Sc. Par. before 1424 : hors 3, 1 ; ocht 4, 2 ; mote pp. 4, 2 ; scho 142, 1, 1466. Hay, B. O. K., behovit 1, gong 5. Buk of Luf, fore wepand Ca III (roiss Ca II, boith Ca III, loist id., roif pret. IV, boit VI, cloikis VI). Complaynt of Scotland (holy 3), foir 3, voymbe 33, voyme 60, hoilsum 61, gong 67, thole 78, soir 76. Herald. Coll. MS., worthis 3,s. < becomes' 62 (moir 13). Early and Mid. Scot, ai (a). Reg. Sc. Par. before 1424: gait 3, 1; laif 3, 2; haif 4, 2; saip 4, 1 ; aile 4, 1 ; hais 32, 4, 1 ; aithe 4,1; 'gif ony burgess haif 4, 1 ; traist 4, 2; thai, 'those' 4, 2; aieris, heirs 4, 2; maist 5, 1 ; haill 5, 1 ; haile 9, 1 ; baith 1469 (ai common after 1424). Hay, B. O. K., faire 4, rais vp 5, agayne 5, maist 6, maid 6, vndergais 6, wayk 8, thair 9, mair 11, maidenis 22, gaynstand 22, betraisis 25, aithe 27, gais 37, fais, ' foes' 38, airly 51. 86 A Study in the Language of Scottish Prose before 1600. Buk of Luf, mair Prol., thai, haif ib., claithis ib., daill ib., traist ib., glaid ib., baith Ca III, phair, 'fair' ib., wrait pret. Ca IV, bair pret. Ca V, raif pret. ib., laif Ca VI, waik, 'weak' Ca VI, hair, 'hoar' end. Port. Nobil., bair, 'bare' 1, quhair 1, graip, ' grape' 1, gais 2. Bellenden, gaif, straik, maist, baith, mair m., aith, paill. Complaynt of Scot., mair 2, thair 2, skail 27, cheaip 38, hayr, 'hoar' 59, glaid, 'glad' 63, laif ib., sair, hail sb. 72, haif 176. Herald. Coll. MS., thair 1, haid, 'had' 5, gaif 9, straing 11, fair 63, daile 69. Pageant, claithe, taiknis, craift, fair. Early and Middle Scottish ei (e). Reg. Sc. Par. before 1424: scheip 3, 1 ; threide gen 3, 2; quheit 3, 2 ; deir 3, 2 ; geif 4, 1 ; steill 4, 1 ; weit 4, 1 ; geyss 4, 2 ; eit 4, 2; deill 4, 2; neidfull 5, Ij feild 5, 1; feit pi. 5, 1; weir 9, 1, 1424; keip ib., seyne ib., wild meir, 'mare' ib. 2, cheiss ib., eilde ib., beir 10, 1, 1424; zeilde ib., leide (plumbum) ib., treis ib. 2, speidfull ib., cheik, 'cheek' 11, 1 ; weill 154, 1, 1469 ; zeir be zeir ib. 2; meil ib.; seik 156, 1, 1469; cheiss 158, 1, 1471; neid 158, 2; weir, 'wear' 159, 1, 1471; greit 535, 2, 1513; geif 624, 1, 1540; deid, 'death' 625, 1, 1540; keiping 732, 1, 1558. Hay, B. O. K., eyne 5, feicht 25, cleine 26, greid 30. Buk Luf, their Introd., forbeir ib., deidis Prol., speik ib., deir Ca I, manheid ib., weill ib., neir ib., leidis 3, sing Ca II, eild sb. ib., deid ib., beistis ib., fleid pret. ib., keipe jow imper. ib., leif at eise ib., beir ib., fals heid ib., seik sick ib., heid Ca III, weir war, reid, red, 'read' vb., leit, 'let' breist dreidfull Ca IV, deit pret. feir Ca V, cheiss, feistis Ca VI, greit, speid, teith. Port. Nob., heid 1, leif 1, keip 1, weill 1, heirfor 2, deid, deed 2, heit 3, seiknes 3, seikes, ' seeks ' 4. Bellenden, speik, weill, sweitnes, deith m., weill sb., feirs m., feild. Complaynt of Scotland, veil 1, scheip 2, veyr 5, deit 12, heir 13, eild 20, eird 20, deipnes 21, jeiris 22, seik, 'seek' 23, heyt 24, eyt 24, treis 26, seid, reid 27, neir 31, reik 42, breyd 43, eiris 44, keip 45, speik 60, veird 64, beiris, bears sb. pi. 73, leiful 77, veyre 80, A Study in the Language of Scottish Prose before 1600. 87 deir 127, meyd- (mid) vyf 129, lit pret. 156, jeid 'went ' 159, and ' til: In the Early Scottish to usually came before a consonant, til before a vowel or initial h. This usage unlike that of a, ane continued far into the Middle Period when cases of to before a vowel, and til before a consonant, are also common. Reg. Scot. Par., till his nechbour 4, 1 ; till answer 5, 1 ; till inforss 9, 1 to be 11, 1 ; till keip thame 9, 2 till cum 11, 1. — Later in the 15th Cen. til gives way to to before vowels (h) : to interrupt 413, 1, 1491 ; to ansuer 414, 2, 1491 ; to him 1491, 413, 2; to our 317, 1, 1485 ; to have id. 287, 2 ; to ilkane 245, 2, 1478; to his 1479; 184, 1 ; to acquite 184, 2, 1479 ;— but, till his instance 165, 2, 1471 ; till hir 535, 2, 1513. Hay, B. O. K., to schaw, to gouerne, till a grete semblee 1, till all 3, till his barnis 3 (till watere 4), to mak 4, till him 5, 6, till it 6, till have 7, 8, till hald 12, till elde, till a gong man 13;— but to almychty God 4, til gouerne 7, till to be 19, till derub, till desaue 23, til mekenes 52. Buk of Luf, till eild Ca II, till vnderstand Ca III, till him Ca IV, till hir ib., till his vncle Ca VII, till all otheris end,— but : to endure me Prol. to haif ib. to hir brother Ca IV. Port. Nobil., to throughout the fragment. Bellenden : to before vowels and consonants. A Study in the Language of Scottish Prose before 1600, 89 Complaynt of Scotland: As the use of to and til has been referred to in connection with the authorship of the Complaynt it has seemed best to tabulate the cases. BEFORE CONS. BEFORE H. 5- VOWEL. TOTAL. 'to' 1024 19 14 46 1103 'til' 47 59 1 97 204 1307 til was, therefore, the regular form before a vowel, or h, and to before a consonant. Where one has encroached upon the func- tion of the other the cases are nearly the same : 47 of til -\- cons, and 46 of to -j- vowel. On comparing this use with that of Sir David Lyndesay, we find that in his works (E. E. T. S.) there are 2,001 cases of to -f cons, and 502 of til -f- vowel. In other words .2 of all cases in Lyndesay show til, while .156 of all cases have til in the Complaynt. The use of til in Lyndesay ' is, there- fore, rather greater than in the Complaynt. Herald. Coll. MS., to regularly; so in i Pageant.' Pittscottie (Dalyell) rarely has til except in the compound prepositions ' heir intilP p. 383, 'thair intilT 387. Participles. The northern form of the present participle in -and is common to all Scottish prose of the earlier periods. Examples of the southern form in -ing are sufficiently frequent to require notice. Reg. Scot. Par., as tuiching the electioune 155, 1, 1469; quhilk being 160, 2, 1471; extending 215, 2; charging 166, 2, 1471; frequently met with in the Acts. Hay, B. O. K., is consistent in the use of -and. Buk of Luf, beseiking Pro], wenyng Ca IV, seing id., being id. Port. Nobil., remanyng 1 (kneland and), saynge 1. Bellenden, musing, gangand knawing, pertenyng, being, saying ; to 59 cases of -and (Chronicle, extract) there were 44 in -ing. 1 Cf. Murray, Complaynt, Introd., p. ciii. " The sparing use of til for to— so common in Fife and Lothian at the present day, and equally so in Lyndesay, &e." 90 A Study in the Language of Scottish Prose before 1600. Complaynt of Scotland, forms in -ing are not common : cf. con- sidering 90. Herald. Coll. MS. and Pageant forms in -and predominate. The southern form is the most striking anglicism of Knox and Bannatyne. Gerundives and gerunds in -ing, -in, -en are common ; cf. Hay, B. O. K., ' quhat of thair landis gouernyng, and of thair peple mayntening and of thair peceable persones defending/ p. 44. — Eec. Scot. Par., 'of ]>e brekin of mennis orchardis/ 12, 1, 1424; ( ]>e stanchyn of slachtir* 158, 1, 1471; .'to ]>e enschevyn of maneswer- ing' 159, 1, 1471 ; and withhaldin of twa acris 161, 1, 1471 ; anent )>e wrangwiss stoppin and impediment makin 213, 1, ; ']>e .... withhaldin .... of a kow 215, 2. Present part., in -in, -yn, are found, 'landis pertenyn to ]>e said James/ 215, 1. The Relatives. In the Early Period \at, at ; quhilk(-is) and quha are the rela- tive pronouns. The demonstrative \e quhilk(-is) also does service, as in Wiclif and the older language. 1 at (==]>at) often found in the Early Period seems to have been merely a worn form of \at. This is indeed proved by the careless use of initial \ in the conjunction \at, the forms at and \at appearing nearly side by side. The vulgar 'at = that in use to-day may be compared, the preceding letters often determin- ing whether the full form shall be clipped or not : a dental stop, for example, may thus absorb the following spirant. Traces of this action may be seen in the Early Scottish. Reg. Scot. Par. : before 1424, ]>e byar |>at by is thame 3, 1, 'J>at thar be maid a buk . . . and at ]nr bukis be present 9, 2, 1424 ; al gudis J;at ar taxt ib., ' and at ]>ai j>at has crufis to call the sheriffis at tuk 398, 1, without at }?ai haf 398, 2, that (]>at, at) is the favorite relative in the Acts, quhilk{-is) is much less common, and quha while rare, is found ; ' men and vomen ... to quhame ' 61, 1, 1425 ; (the phrase 'quhame God assolze' 1488 may be noticed with 'that god assoillie.' Liber de Melros 1389); on quham 6, 1 ; for quham he will mak redy 1 Fischer, Die Sprache Wiclif 's ; Koch, Engl. Gram., II, 287 : Morsbach, p. 129. A Study in the Language of Scottish Prose before 1600. 91 payment 11, 1; throu J>e bischoppis . . . quhame it efferis 11, 2; officiaris ... to quhome 13, 1 ; J;e Juge before quhame 13, 1 ; J>e partie to quham 155, 1, ministeris to quham 322, 1. Hay, B. O. K., that is the regular relative, quhilk is rarer; quha occurs: 'of quham/ p. 17. Buk of Luf, quha is common : the spelling quhom, quhois is clearly southern, quhois Ca II to quhom Ca III ; of quhais bewt6 ib., quhom of je haif spokyn ib., quhom scho beheld Ca IV, quhom scho presentit ib. Bellenden, that and quhilk are the relatives. In the 14th Buke of the Chronicle, for example, there are 25 cases of that and 40 of quhilk.' Quha is rare: amang quham 183 (L), of quhom 2, 246, quhom i beleve 2, 304. Complaynt of Scotland, that is the favorite relative ; there being 308 cases of that, and 1 52 of quhilk(-is), or with the demonstrative form the quhilk(-is), 179. Quha is of frequent occurrence. Bellenden is the only writer examined who prefers quhilk to that. If, therefore, the old at = ('at, that) be simply the worn form of that, and by reason of increased literary culture and anology with English ' that/ resumed the full form, it may be said that that as a relative was dominant in both Periods. If quhilk(-is), the quhilk(-is) was used after a French fashion 1 we should always expect the form in -is after a plural subject ; but the singular in -is is found. " Item anentis ]>e stanching of slanchtir quhilkis is sa," &c, 52, 2. Rec. Scot. Par., i for \>e quhil- kis restorance' 214, 2. — ' quhilkis honoure/ Hay, B. O. K., 25. The ' Complaynt 9 has 4 cases of quhilkis in the singular, with- out the definite article : quhilk without the ending occurs 22 times in the plural. 2 In Pittscottie (Daly ell) that occurs 142 times to 99 of quhilk and 21 of who (sic). A few other forms may be noticed. When verbs are separated from their personal pronoun, or when they follow a relative, they take the ending -is, sing, and plural, in all persons. With this well-known peculiarity of the Scottish is to be ranked the form of the verb ' to have/ ' til haif/ &c, which in the 3 p. pi. most *Dial. South. Count., p. 195. 2 In Sir D. Lyndesay's l Satyre' 'that' as rel. occurs 66 times, 'quhilk' 39 times, ' the quhilk ' 5 times. --=^5^^ U2U7ERSIT7) I 92 A Study in the Language of Scottish Prose before 1600. commonly appears as hes (the 3 p. sing.) without the personal pronoun. From these it has been inferred, reasoning also from sporadic cases, that the verb ' to be ' when unaccompanied by the personal pronoun, takes the form is in the plural in all persons. That this is not the case a single reference to the ' Complaynt ' will show. a, without the relative: 'al thir nyne speris . . . ar enclosit' 48, 7 ; ' the day and the nycht ar ' 49, 32 ; " tua summers ar " 52, 20 j ' man and beast and al vther thing . . . ar subject ' 56, 21 ; " men and wemmen of ane tendir complexione ar " 57, 4 ; ' dogis ar' 57, 33; ' grace and virtue ar ? 77, 34; 'realmis ar nocht' 82, 12; 'branchis of them ar' 160, 20. b, with the relative : 'the necessair thingis that ar requirit ' 131, 29 ; ' ve that ar scheiphirdis ' 61, 7 ; 'the tua vinters that thai hef ar ' 52, 19 ; * evil accidentis that ar ' 58, 3 ; * sternis quhilk ar callit ' 38, 31 ; ' Cancer and Capricorn, quhilk ar twa solstice singis ' 50, 13; 'Englisch men quhilkis ar' 27, 8; 'Aries and Libra quhilkis ar* 50, 11; 'princis and princessis quhilkis ar' 3, 14; 'tennis, quhilkis ar ? 16, 14; 'the detractione of innyful gramariaris, quhilkis ar' 17, 28. The introductory ' there is ' (es gibt) is always singular. Com- playnt : ' ther is tua uthir circlis ' 50, 9 ; ' there is diverse vthir sternis' 58, 9; 'of the quhilk nummir ther is iiij callit' 61, 8; 'ther is . . . mony rasons' 51, 14 ; this is the regular use elsewhere. For Scottish prose of the 14th, 15th and early 16th Centuries, it is hard to find any one characteristic or line of development which may with certainty be assigned to a particular period. The remains are scanty at best, and with the possible exception of Par- liamentary Records and Burgh Laws, all that has been preserved may be made to lie under the suspicion of undue influence upon the individual writer of French, English or Latin; this would vitiate a generalization as to the development of the language as a body. It has been considered impracticable to connect the prose speci- mens with any particular locality, physical or dialectic, in which A Study in the Language of Scottish Prose before 1600. 93 they may have had their origin. This omission would not appear to be productive of much error, when the various Scottish Records of different places have not as yet been shown to present serious dialectical differences. It may not be improper in closing to emphasize the conviction that the language of the Lowlands in the Early and Middle Periods was much more uniform than has ordinarily been con- sidered. Middle English activity in the North, extending certainly to the 'Scottis See/ developed the language which later, under the name of Scotch, disguised the origin of many old terms and expressions. BIBLIOGRAPHY The usual reference books are not included in this list, such, for example, as the New English Dictionary, ed. Dr. Murray ; Bradley -Stratmann's Middle English Dictionary, Skeat's Etymological Dictionary, Jamieson's Etymological Dictionary of the Scottish Language ; Littre, Dictionnaire ; Godefroy, Dictionnaire de l'an- cienne langue francaise ; Palsgrave, Lesclairissment de la langue francoyse; Grober, Grundriss der romanischen Philologie, Paul, Grundriss der germanischen Philol- ogie, etc. Some MSS. and works are referred to which have no immediate con- nection with the dissertation, and it is hoped that their mention here may be useful for further enquiry. Whatever has been used which seemed pertinent to the wider history of English, and which merited further notice, has for con- venience been incorporated in this list. Aberdeen, v. Burgh Kecord Society. MS. Advocates' Library, Edinburgh, 31, 7, 6 ( Jac. V, 7, 14), 4o. ; vol. con- taining int. al. some acts extracted out of the town of Aberdeen Court books, beginning 1398. 1688. 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Chalmers collected much material in his notes which it is diffi- cult to obtain elsewhere. Heraldic MS. of Arms, in the Advocates' Library ; emblazoned, 1542. (Pub- lished by Wm. Paterson, Edin., 1878 ; ed. by David Laing.) Poems, ed. 1566. MS. notes Laing Coll., 648, 44. Edin. Univ. Libr. " ed. 1588 ; defects supplied in MS. Laing, 649, 44. E. U. L. Ane Dialog betu[ix"| Experience and an[e] Courteour, 2 pt. B. L., Cop- mahovin (?), 1552. Brit. Mus., C. 39, d. 59, 60. Ane Dialog betuix Experience and ane Courteour, &c. B. L., Jascuy, Paris (?), 1558. Brit. Mus., C. 12, 9, 2. The Complaynt and Testament of a Popinjay. London, 1538, B. L. Brit. Mus., C. 12, 9, 2 (2). 7 98 A Study in the Language of Scottish Prose before 1600. of Kathellet ? Collectanea : Domini Davidis Lindsay de Mounthe Militis Leonis Armorum Regis. Adv. Libr. (W. 4, 13), 31, 3, 20. Mackay, C. Dictionary of Lowland Scotch. Edin., 1888. Mandeville, Sir John, and Occleve (de regim. prin.) ; imperfect. MS. Adv. Libr., 19,1,11 (JacV, 6, 21). Metrical Romances and Moralizations. MS., 216 leaves, 'very old;' page of contents includes only to fol. 96. Adv. Libr., 19, 3, 1 ; sm. 4o. Michel, Francisque. Les Ecossais en France, les Francais en Ecosse. Paris, 1862. A critical inquiry into the Scottish Language. Edin., 1882. Morsbach, Dr. Lorenz. Ueber den Ursprung der neuenglischen Schriftsprache. Heilbronn, 1888. Murray, Dr. J. A. H. Essay on the Dialect of the Southern Counties of Scotland. Trans. Philol. Society, 1872. Complaynt of Scotland. E. E. T. S., 1872. Neaves, Lord. Remarks on the Scottish Language. Society of Antiquaries of Scotland, vol. 5, pp. 65-78 ; March, 1863. One of the first attempts at critical study. Original Scottish Letters, royal and other, 1539-1597. Laing MS., 349, 26. Edin. Univ. L. Payne, Joseph. Norman element in English in 12th, 13th, 14th Cen. Trans. Philol. Soc, 1868-9. Perth. Superstitious customs of Perth ; 1, Corpus Christi Play ; 2, Saint Albert's (Sanctobertis) play (peculiar to the Bakers) ; 3, The Dragon hole of Kinnoul, &c. MS. Adv. Libr., 13, 1, 5, fol., written by James Scott, Dec. 30th, 1788, and collected from the church records. Merser's Chronicle of Perth, 1210-1688 (Maitland Club, 1831). MS. Adv. Libr., 31, 1, 3. Pinkerton, John. History of Scotland. From accession of the House of Stuart to that of Mary, with appendices of original papers, 2 vols. London, 1797. Pittscottie, Lindsay of. The History of Scotland ; from 21 Feb.. 1436, to March, 1565 (with additions). Edin., 1728. This is the only edition found which contains the poetical introduction. Chronicle, ed. Dalyell. Edin., 1814. MS. Harleian, 4687-62 d., fol. 149, leaves bound up, Nos. 145 and 848. Brit. Mus. MS. Laing, 216, 17. Edin. Univ. Libr. MS. Laing, 217, 17. Edin. Univ. Libr. Pittscottie's Chronicle, Laing Coll., 583, 39. Edin. Univ. Libr. Adv. Libr. MS., 35, 4, 10, and 35, 4, 11. Regiam Majestatem, 1609. Brit. Mus., 23, c. 16. Colville MS. (transcript?). Laing, 380, 27. Edin. Univ. Libr., and 381, 27. Retour and Royal Warrant of Taxatioun Sig. Jac. Ill, 26 Mar., 1479. Laing MSS. Cat. (pt. 2), No. 53, p. 1. Registrum Epistolarum, including letters from Kings of England, Scotland, and foreign ; 14th, 15th Cen. MS. vellum Laing. Edin. Univ. Libr. A Study in the Language of Scottish Prose before 1600. 99 Rolment of Courtis, by Abacuk Bisset. Laing MS. ; 16th Cen., 395, 28. Edin. Univ. Libr. Koss, John M. Scottish History and Literature to the Period of the Reforma- tion, ed. James Brown. Glasgow, 1884. Scheibner, Oscar. Ueber die Herrschaft der franzos. Sprache in England, vom XI bis zum XIV Jahrh. Annaberg program, 1880. Scottish Poems, etc. MS., Brit. Mus. Arundel, 285, contains I, ' the tabill of Confessian' by Dunbar (quoted by Dr. Schipper, ed. Poems), and II, 'J>e proloug of }>e passioun of crist.' This MS. is ornamented with wood-cuts, colored by hand and pasted on the leaves ; same hand throughout. Scottish Eecord Publications. I. The Acts of the Parliaments of Scotland, edited by Thomas Thomson, Deputy Clerk Register, and Cosmo Innes, Prof, of History in the Univ. of Edin., 1814-1875. In 12 vols. ; Nos. II, III, IV, VII, IX being out of print (Oct., 1892). II. The Acts of the Lords of Council in Civil Causes (Acta Dominorum Concilii), A. D. 1478-1495, ed. Th. Thomson, 1839. III. The Acts of the Lords Auditors of Causes and Complaints (Acta Dom. Audit), A. D. 1466-1494, ed. Th. Thomson, 1839. IV. Retours of Services of Heirs (Inquis. ad capell. Dom. Reg. retornat. abbrev.), A. D. 1600-1700; ed. Th. Thomson, 1811-1816. 3 vols.; II, III out of print ; I, index. V. Registrum Magni Sigilli Scotorum. Vol. I, 1306-1424, ed. Th. Thomson, 1814; vols. II, III, ed. J. Balfour Paul and Jno. Maitland Thomson; vols. IV, V, VI, VII, ed. J. M. Thomson, 1882-92 (vols. II-VII, 1424-1620). VI. Ledger of Andrew Halyburton, Conservator of the Privileges of the Scottish Nation in the Netherlands, 1492-1503 ; ed. Cosmo Innes, 1867. VII. Accounts of the Lord High Treasurer of Scotland, vol. I, 1473-1498 ; ed. (Dr.) Th. Dickson, Curator of the Historical Dep't H. M. Gen'l Register House, 1877. VIII. Register of the Privy Council of Scotland, ed. John Hill Burton, D. C. L., LL. D., Historiog. Royal for Scotland (vols. I, II), and David Masson, LL. D., Prof, of Rhetoric and English Literature, Edinb. Univ. (Vols. III-IX), 1877-91 ; vols. I-IX, 1545-1616. IX. The Exchequer Rolls of Scotland (Rot. Scacc. Regum. Scot.). Vol. 1, 1264- 1359, ed. John Stuart, LL. D., and Geo. Burnett, LL. D., Lyon King ; vols. II-XII, 1359-1507, ed. Geo. Burnett; vol. XIII, 1508-1513, ed. G. Burnett and R. J. G. Mackay, LL. D., 1878-91. X. Calendar of Documents relating to Scotland, preserved in H. M. Public Record Office, London, ed. Jos. Bain, F. S. A., Scot., 1881-8, 1108-1509. 4 vols. XII. The Hamilton Papers : Letters and Papers illustrating the political rela- tions of England and Scotland in the 16th Century, ed. Jos. Bain, F. S. A., Scot. 2 vols., 1532-1590, 1890-92. XL Fac-simile of National MSS. of Scotland, 3 vols., fol., 1867-72: 'Chronicles of the Picts and Scots (1867), and Documents illustrative of the History of Scotland (1870) are out of print.' 100 A Study in the Language of Scottish Prose before 1600. Scrimzeour. MS. treatise on Heraldry. Adv. Lib., 31, 5, 2, sm. fol. This MS. is the same as the. Lyndesay ' Collectanea,' except the last three articles. In a note probably by Sir James Balfour, it is said to have been written by 1 Mr. Thomas Scrymgeour of Myris, Maister of Wark to the Kingis Majestic' This copy belonged to Sir J. Balfour, who notes at the end, ' probably inaccu- rately,' that it is a translation by an Englishman of a French MS., out of which Gerard Leigh has taken his book of Heraldrie, called the 'Accidents of Armorie.' See MS. Catalogue. Sibbald's Historical Collections; MS. fol. Adv. Libr., 33, 3, 23. See Nos. 2 and 3. ' Scotch MSS. in England, France, Germany,' &c. Sinclair, John. Observations on the Scottish Dialect, 1782. Skene, Sir John. ' De verborum significatione,' 1597, with MS. notes and addi- tions. Laing Coll., 619, 41. Edin. Univ. Libr. same. Brit. Mus., 1641, 501, b. 1 ; and v. Regiam Majestatem. Sturmfels, Anglia, VIII, 3 ; IX, 4. ' Der altfranzosische vokalismus in Mittel englischen. Thommerel. Recherches sur la fusion du franco-norman et du l'anglo-saxon. Paris, 1844. Winyet, Ninian. Certain Tractates, printed by John Scott, 1562. Edin. Univ Libr. ; ed. Scot. Text Soc, 1888. Wood, Dr. Henry. Chaucer's influence upon King James I of Scotland as poet Leipzig, Diss. ; Halle, 1879. (Amer. Journal Philol., vol. 3.) Wyntoun's Cronykil ; Seton's Copy, 1724. Laing MS., 431, 30. Edin. Univ. Libr. The Oryginall Chronykill be Andro of Wyntoun, Prior of St. Serfis Inche in Lochlevin; sm. fol., 1480. Adv. Libr., 19, 2, 3 (a. 7, 1). Another copy, more complete, begin. 16th Cen., 19, 2, 4. NOTE. I am in receipt of a notice of two papers read before the (British) Bibliographical Society, by E. Gordon Duff, Esq., in which two Scottish books and a fragment are described. The books were " translated from the French into Scotch and printed at Paris in 1503 by Verard." They are the The Kalendar of Shepherdes and The Art of Good Living and Dying. Mr. Duff refers me to a fac-simile of the first named book, edited by Dr. Sommar, and lately published. These books antedate by four years Andro My liar's earliest published work in Scotland, at least such as has been preserved. The fragment, a leaf of a Scotch Donatus, was found by Mr. Duff some years ago at Aberdeen. It is older by its language alone than any early Scottish print that I have seen. Mr. Duff thinks that the leaf represents one of the very earliest productions of the Edinburgh press, if it was not printed by Myllar, abroad. The transcription of the leaf which Mr. Duff has kindly sent me, supports this theory in the use, for example of : a, ane; to, til before consonants and vowels respectively ; at for \>at ; presents participles in -and, &c. There is a regularity in the use of these forms which may be accounted for by the grammatical charac- ter of the book. The value of the fragment will be made known by Mr. Duff's papers, when they appear. 101 LIFE. I was born at Richmond, Indiana, June 7, 1865. After receiving preparatory instruction at the Richmond schools and at Earlham College, I entered the Johns Hopkins University in 1884 as a special student, but afterwards matriculated, and took the degree of A. B. in 1889. I then attended graduate lectures in the same University, in German under Professor Wood ; in Romance Languages under Pro- fessor Elliott and Professor Todd ; in English under Professor Bright, to whose suggestions and advice I am gratefully indebted. To Dr. Clark, Keeper of the Advocates' Library, Edinburgh ; to Dr. Webster, Librarian of Edinburgh University ; and to Thomas Dickson, Esq., LL. D., Curator of H. M. General Register House, Edinburgh, I desire to express my appreciation of their ready attention and assistance. William Peters Reeves. April 28, 1893. 103 14 DAY USE RETURN TO DESK FROM WHICH BORROWED LOAN DEPT. This book is due on the last date stamped below, or on the date to which renewed. Renewed books are subject to immediate recall. 2lApr'61AE RCCTD LD JUN 7 196; 10 &* £^~-*?-7L*<^ /W-\4»jcxC LD 21A-50m-12,'G0 (B6221sl0)476B General Libr University of Ca Berkeley