xxxi. Judge Hengham interrupts a counsel, saying: "Do not interpret the

statute in your own way; we know it better than you, for we made it."--"Ne glosez point le statut; nous le savoms meuz de vous, qar nous le feimes." _Ibid._

[392] "Grosso modo et idiomate quocunque communiter intelligibili factum proponant." "Munimenta Academica" (Rolls), p. 77.

[393] "Pur ce qe monstre est souventefoitz au Roi par prelatz, ducs, counts, barons et toute la commune, les grantz meschiefs qe sont advenuz as plusours du realme de ce qe les leyes, custumes et estatutz du dit realme ne sont pas conuz communement en mesme le realme, par cause q'ils sont pledez, monstrez et juggez en lange Franceis q'est trop desconue en dit realme, issint qe les gentz qi pledent ou sont empledez en les courtz le Roi et les courtz d'autres n'ont entendement ne conissance de ce q'est dit por eulx ne contre eulx par lour sergeantz et autres pledours...." that henceforth all plaids "soient pledetz, monstretz, defenduz, responduz, debatuz et juggez en la lange engleise; et q'ils soient entreez et enroullez en latin." 36 Ed. III., stat. i. chap. 15, "Statutes of the Realm." In spite of these arrangements, the accounts of the pleas continued to be transcribed in French into the "Year-books," of which several have been published in the collection of the Master of the Rolls. Writing about the year 1300, the author of the Mirror of Justice had still made choice of French as being the "language best understood by you and the common people."

[394] "Chroniques," ed. Luce, vol. i. p. 306.

[395] "Polychronicon" (Rolls), vol. ii. p. 159 (contains the Latin text of Higden and the English translation of Trevisa).

[396]

And I can no Frenche in feith | but of the ferthest ende of Norfolke.

"Visions," ed. Skeat, text B, passus v. line 239. The MS. DD 12.23 of the University Library, Cambridge, contains "a treatise on French conjugations." It does not furnish any useful information as regards the history of French conjugations; "it can only serve to show how great was the corruption of current French in England in the fourteenth century." P. Meyer, "Romania," vol. xv. p. 262.

[397] The ambassadors are: "Thomas Swynford, miles, custos castri villae Calisii et Nicholaus de Rysshetoun, utriusque juris professor." They admit that French is the language of treatises; but Latin was used by St. Jerome. They write to the duchess of Burgundy: "Et quamvis treugae generales inter Angliam et Franciam per Dominos et Principes temporales, videlicet duces Lancastriae et Eboraci necnon Buturiae ac Burgundiae, bonae memoriae, qui perfecte non intellexerunt latinum sicut Gallicum, de consensu eorumdem expresso, in Gallico fuerunt captae et firmatae, litterae tamen missivae ultro citroque transmissae ... continue citra in Latino, tanquam idiomate communi et vulgari extiterunt formatae; quae omnia habemus parata ostendere, exemplo Beati Ieronimi...." In no wise touched by this example, the French reply in their own language, and the ambassadors, vexed, acknowledge the receipt of the letter in somewhat undiplomatic terms: "Vestras litteras scriptas in Gallico, nobis indoctis tanquam in idiomate Hebraico ... recipimus Calisii." "Royal and Historical Letters," ed. Hingeston, 1860 (Rolls), vol. i. pp. 357 and 397. A discussion of the same kind takes place, with the same result, under Louis XIV. See "A French Ambassador at the Court of Charles II.," p. 140.

[398] "Doulz francois qu'est la plus bel et la plus gracious language et plus noble parler, apres latin d'escole, qui soit ou monde, et de tous gens mieulx prisee et amee que nul autre.... Il peut bien comparer au parler des angels du ciel, pour la grant doulceur et biaultee d'icel." "La maniere de Langage," composed in 1396, at Bury St. Edmund's, ed. Paul Meyer, "Revue Critique," vol. x. p. 382.

[399] Middle of the fourteenth century, ed. Aungier, Camden Society, 1884, 4to.

[400] As an example of a composition showing the parallelism of the two vocabularies in their crude state, one may take the treatise on Dreams (time of Edward II.), published by Wright and Halliwell, which begins with the characteristic words: "Her comensez a bok of Swevenyng." "Reliquiae Antiquae."

[401] London, 1882.

[402] See a list of such words in Earle, "Philology of the English Tongue," 5th edition, Oxford, 1892, 8vo, p. 84. On the disappearance of Anglo-Saxon proper names, and the substitution of Norman-French names, "William, Henry, Roger, Walter, Ralph, Richard, Gilbert, Robert," see Grant Allen, "Anglo-Saxon Britain," ch. xix., Anglo-Saxon Nomenclature.

[403] "Troilus," iii. stanza 191.

[404] Earle's "Philology of the English Tongue," 5th ed., Oxford, 1892, p. 379.

[405] _Ibid._ p. 377.

[406] See the series of the statutes of _Provisors_ and _Praemunire_, and the renewals of the same (against presentations to benefices by the Pope and appeals to the Court of Rome), 25 Ed. III. st. 6; 27 Ed. III. st. 2; 3 Rich. II. chap. 3; 12 Rich. II. chap. 15; 13 Rich. II. st. 2, chap. 2; 16 Rich. II. chap. 5. All have for their object to restrict the action of the Holy See in England, conformably to the desire of the Commons, who protest against these appeals to the Roman Court, the consequences of which are "to undo and adnul the laws of the realm" (25 Ed. III. 1350-1), and who also protest against "the Court of Rome which ought to be the fountain-head, root, and source of holiness," and which from coveteousness has assumed the right of presenting to numberless benefices in England, so much so that the taxes collected for the Pope on this account "amount to five times as much as what the king gets from all his kingdom each year." Good Parliament of 1376, "Rotuli Parliamentorum," vol. ii. p. 337; see below, p. 419.

[407] Year 1340, 14 Ed. III., "Rotuli Parliamentorum," vol. ii. p. 104.

[408] "Sicut lex justissima, provida circumspectione sacrorum principum stabilita, hortatur et statuit ut quod omnes tangit ab omnibus approbetur...." Rymer, "Foedera," 1705, vol. ii. p. 689. This Roman maxim was known and appealed to, but not acted upon in France. See Commines, "Memoires," book v. chap. xix.

[409] "For some folks," says he, "might say and make the people believe things that were not true." By some folks, "acuns gentz," he means Bohun and Bigod. Proclamation of 1297, in Rymer, "Foedera", 1705, vol. ii. p. 783.

[410] Rymer, "Foedera," 1705, vol. ii. p. 783, year 1297; original in French.

[411] "Monsieur Thomas de Hungerford, chivaler, qui avoit les paroles pour les Communes d'Engleterre en cest Parlement." Parliament of 1376-7, 51 Ed. III. "Rotuli," vol. ii. p. 374.

[412] Examples: that the deputies of the counties "soient esluz par commune election de les meillours gentz des dity countees et nemye certifiez par le viscont (sheriff) soul, saunz due election." Good Parliament of 1376.--Petition that the sheriffs shall not be able to stand for the counties while they continue in office, 1372, 46 Ed. III., "Rotuli Parliamentorum," vol. ii. p. 310; that no representative "ne soit viscont ou autre ministre," 13 Ed. III., year 1339.--Petition of the members of Parliament to be allowed to return and consult their constituents: "Ils n'oseront assentir tant qu'ils eussent conseillez et avysez les communes de lour pais." 1339, "Rot. Parl.", vol. ii. p. 104; see below, p. 418.

[413] "Return of the names of every member returned to serve in each Parliament," London, 1878, fol. (a Blue Book).--There is no doubt in several cases that by such descriptions was meant the _actual_ profession of the member. Ex.: "Johannes Kent, mercer," p. 217.

[414] "Rot. Parl.," vol. ii. p. 262.

[415] Petition of the "poverail" of Greenwich and Lewisham on whom alms are no longer bestowed (one _maille_ a week to every beggar that came) to the "grant damage des poores entour, et des almes les fondours que sont en Purgatorie." 4 Ed. III. "Rotuli Parliamentorum," vol. ii. p. 49.

[416] 4 Ed. III., "Rotuli Parliamentorum," vol. ii. p. 33.

[417] Good Parliament of 1376.

[418] The Commons had been bold enough to complain of the expenses of the king and of the too great number of prelates and ladies he supported: "de la multitude d'Evesques qui ont seigneuries et sont avancez par le Roy et leur meignee; et aussi de pluseurs dames et leur meignee qui demuront en l'ostel du Roy et sont a ses costages." Richard replies in an angry manner that he "voet avoir sa regalie et la libertee roiale de sa corone," as heir to the throne of England "del doun de Dieu." 1397, "Rotuli Parliamentorum," vol. iii. p. 339. The Commons say nothing more, but they mark the words, to remember them in due time.

[419] "Dixit expresse, velut austero et protervo, quod leges sue erant in ore suo et aliquotiens in pectore suo. Et quod ipse solus posset mutare et condere leges regni sui." "Rotuli Parliamentorum," vol. iii. p. 419.

[420] Cheruel, "Dictionnaire des Institutions de la France," at the word _Parlement_. As early as the thirteenth century, Bracton, in England, declared that "laws bound the legislator," and that the king ought to obey them; his theory, however, is less bold than the one according to which the Commons act in the fourteenth century: "Dicitur enim rex," Bracton observes, "a bene regendo et non a regnando, quia rex est dum bene regit, tyrannus dum populum sibi creditum violenter opprimit dominatione. Temperet igitur potentiam suam per legem quae frenum est potentiae, quod secundum leges vivat, quod hoc sanxit lex humana quod leges suum ligent latorem." "De Legibus," 3rd part chap. ix.

[421] "Chroniques," ed. S. Luce, i. p. 337.

[422] "Memoires," ed. Dupont, Societe de l'histoire de France, 1840 ff., vol. ii. p. 142, _sub anno_, 1477.

[423] Unpublished letter to M. de Lionne, from London, July 6, 1665, Archives of the Affaires Etrangeres, vol. lxxxvi.

[424] "Esprit des Lois," vol. xx. chap. vii., "Esprit de l'Angleterre sur le Commerce."

[425] A. Sorel, "l'Europe et la Revolution Francaise," vol. i. p. 337.

[426] Parliament reverts at different times to these mines in the fourteenth century: "Come en diverses parties deinz le Roialme d'Engleterre sont diverses miners des carbons, dont les Communes du dit partie ont lour sustenantz en grande partie...." 51 Ed. III., "Rotuli Parliamentorum."

[427] 46 Ed. III., "Rotuli Parliamentorum," vol. ii. p. 311. The king returns a vague answer. See below, pp. 515, 517.

[428] "They travaile in every londe," says Gower of them, in his "Confessio Amantis," ed. Pauli, vol. iii. p. 109.

[429] "Joannes Acutus, eques Britannicus (John Hawkwood) ... rei militaris peritissimus ... Pauli Vccelli opus," inscription on the "grisaille," painted by Uccello, in the fifteenth century, in memory of Hawkwood, who died in the pay of Florence, in 1394. He was the son of a tanner, and was born in Essex; the Corporation of Tailors claimed that he had started in life among them; popular tales were written about him: "The honour of the Taylors, or the famous and renowned history of Sir John Hawkwood, knight, containing his ... adventures ... relating to love and arms," London, 1687, 4to. The painting by Uccello has been removed from the choir, transferred on canvas and placed against the wall at the entrance of the cathedral at Florence.

[430] "Polychronicon," ed. Babington, Rolls, vol. ii. pp. 166, 168.

[431] The most brilliant specimens of the paintings of the time were, in England, those to be seen in St. Stephen's chapel in the palace of Westminster. It was finished about 1348, and painted afterwards. The chief architect was Thomas of Canterbury, master mason; the principal painters (judging by the highest salaries) were Hugh of St. Albans and John Cotton ("Foedera," 1705, vol. v. p. 670; vi. 417). This chapel was burnt in our century with the rest of the Houses of Parliament; nothing remains but the crypt; fragments of the paintings have been saved, and are preserved in the British Museum. They represent the story of Job. The smiling aspect of the personages should be noted, especially that of the women; there is a look of happiness about them.

[432] See the jewels and other valuables enumerated in the English wills of the fourteenth century: "A collection of ... wills," London, Nichols, 1780, 4to, pp. 37, 50, 112, 113, and in "The ancient Kalendars and Inventories of the Treasury," ed. Palgrave, London, 1836, 3 vols. 8vo, Chess-table of Edward III., vol. iii. p. 173. _Cf._ for France, "Inventaire du mobilier de Charles V.," ed. Labarte ("Documents inedits"), 1879, 4to.

[433] Edward III. buys of Isabella of Lancaster, a nun of Aumbresbury, a manuscript romance that he keeps always in his room, for the price of 66_l._ 13_s._ and 4_d._ for (at that time the price of an ox was about twelve shillings). For the young Richard were bought two volumes, one containing the Romaunt of the Rose, the other the Romances of Perceval and Gawain; the price paid for them, and for a Bible besides being 28_l._ ("Issues of the Exchequer," ed. Devon, 1837, pp. 144, 213). On English miniaturists, see "Histoire Litteraire de la France," xxxi. p. 281.

[434] More than forty for the reign of Edward II. are to be found in the "Foedera."

[435] "Et si y avoit pluiseurs des seigneurs et des riches hommes qui avoient leurs chiens et leurs oizins ossi bien comme li rois leurs sirs." Campaign of 1360, ed. Luce, book i. chap. 83.

[436] Born at Wykeham, Hampshire, 1324, of an obscure family (whence his famous motto, "Manners makyth man," that is to say, moral qualities alone make a man of worth), clerk of the king's works in 1356, present at the peace of Bretigny, bishop of Winchester 1366, Chancellor in 1367, and again under Richard II. He died at eighty-four years of age, under Henry IV. The list of his benefices (Oct., 1366) fills more than four pages in Lowth ("Life of W. of Wykeham," Oxford, 1777, pp. 28 ff.). Froissart notes the immense influence which "Wican" had in the State.

[437] Built almost entirely by Bishop Gower, 1328-47, the "Wykeham of Saint David's." "History and Antiquities of St. David's," by Jones and Freeman, London, 1856, 4to, pp. 189 ff. There now remain only ruins, but they are among the most beautiful that can be seen.

[438]

Now hath uche riche a reule | to eten by hym-selve In a pryve parloure | for pore mennes sake, Or in a chambre with a chymneye | and leve the chief halle, That was made for meles | men te eten inne.

"Visions Concerning Piers Plowman" (ed. Skeat), text B, passus x. line 96.

[439] For this tapestry the king paid thirty pounds to Thomas de Hebenhith, mercer of London. ("Wardrobe accounts of Edward II."--"Archaeologia," vol. xxvi. p. 344.)

[440] Will of the Black Prince, in Nichols, "A Collection of Wills," London, 1780, 4to; inventory of the books of Falstofe (who died under Henry VI.), "Archaeologia," vol. xxi. p. 232; in one single castle belonging to him, that of Caister near Yarmouth, were found after his death 13,400 ounces of silver. Already, in the thirteenth century, Henry III., who had a passion for art, had caused to be painted in his chamber in the Tower the history of Antioch (3rd crusade), and in his palace of Clarendon that "Pas de Saladin" which was the subject of one of the Black Prince's tapestries; he had a painting of Jesse on the mantelpiece of his chimney at Westminster. (Hardy, "A description of the close rolls in the Tower," London, 1833, 8vo, p. 179, and Devon, "Issues of the Exchequer," 1837, p. 64.) He was so fond of the painting executed for him at Clarendon, that he ordered it to be covered with a linen cloth in his absence, so that it would not get injured. In the fourteenth century the walls were hung instead of being painted, as in the thirteenth; rich people had "salles"--that is to say, suits of hangings for a room. Common ones were made at Norwich; the finest came from Flanders.

[441] These recipes and counsels are found in: "The forme of Cury, a roll of ancient English cookery compiled about A.D. 1390, by the master-cook of King Richard II.," ed. Pegge, London, 1780, 8vo (found too in the "Antiquitates Culinariae," of Warner, 1791, 4to). The prologue informs us that this master-cook of Richard's had been guided by principle, and that the book "was compiled by assent and avysement of maisters [of] phisik and of philosophie that dwellid in his court."--"The boke of Nurture folowyng Englondis gise by me John Russell," ed. Furnivall, Early English Text Society, 1868, 8vo. Russell was marshal of the hall to Humphrey, duke of Gloucester; he wrote when he was old, in the first part of the fifteenth century; as he claims to teach the traditions and good manners of former times, it must be supposed the customs he describes date from the reign of Richard II. See below, p. 515.

[442] Year 1363. The "aignel" and the "gopil" are, however, tolerated. "Rotuli Parliamentorum," vol. ii. p. 281.

[443] "Issues of the Exchequer," ed. Devon, 1837, pp. 142, 147, 189, 209, 6 Ed. III. Richard II. pays 400 pounds for a carriage for the queen, and for a simple cart 2 pounds only. _Ibid._, pp. 236 and 263.

[444] The verses of the Black Prince (below, page 353) are found in his will, together with minute details concerning the carvings with which his tomb must be adorned, and the manner he wishes to be represented on it, "tout armez de fier de guerre." Stanley, "Historical Memorials of Canterbury," 1885, p. 132. The tomb of Richard II. at Westminster was built in his lifetime and under his eyes. The original indentures have been preserved, by which "Nicholas Broker et Godfrey Prest, citeins et copersmythes de Loundres" agree to have the statues of Richard and Anne made, such as they are seen to day with "escriptures en tour la dite toumbe," April 14, 1395. Another contract concerns the marble masonry; both are in the Record Office, "Exchequer Treasury of the recipt," "Miscellanea," 3/40.

[445] "Le livre du chevalier de la Tour Landry pour l'enseignement de ses filles," ed. Montaiglon, Paris, 1854, 12mo, pp. 46 and 98, written in 1371.

[446] "Et hominem nudum coram se stantem prospexit, secundum cujus formosam imaginem crucifixum ipsum aptius decoraret." "Chronica monasterii de Melsa," ed. Bond, Rolls, 1868, vol. iii. p. 35. Hugh of Leven, who ordered this crucifix, was abbot from 1339 to 1349. Thomas of Burton, author of the chronicle, compiled it at the end of the fourteenth century.

[447] The Commons point out that, as the royal purveyors "abatent et ount abatuz les arbres cressauntz entour les mansions des gentz de ladite commune, en grant damage, gast et blemissement de lour mansions, qe plese a Nostre Seigneur le Roi que desoremes tiels arbres ne seront copes ne pris en contre la volonte des seigneurs des ditz mansions."

Answer: "Il semble au conseil qe ceste petition est resonable." "Rotuli Parliamentorum," 25 Ed. III., vol. ii. p. 250.