and departe his waye. With whiche commandment the prince, being set all in a fury, all chafed, and in a terrible maner, came up to the place of iugement-men thinkyng that he wolde haue slayne the iuge, or haue done to hym some damage; but the iuge sittyng styll, without mouynge, declarynge the maiestie of the kynges place of iugement, and with an assured and bolde countenance, hadde to the prince these words folowyng: Sir, remembre your selfe; I kepe here the place of the king, your soueraigne lorde and father, to whom ye owe double obedience, wherfore, eftsones in his name, I charge you desiste of your wilfulnes and unlaufull entreprise, and from hensforth gyue good example to those whiche hereafter shall be your propre subiectes. And nowe for your contempt and disobedience, go you to the prisone of the kynges benche, where unto I committe you; and remayne ye there prisoner

name explains itself. 3. Crompton represents Mr. Justice Whidden to have mentioned from the Bench the fact of the Prince's committal and coupled Gascoigne's name with the proceeding. The occasion, however, on which Whidden is alleged to have done this was at the hearing of a case decided in 1565, a century and a half after Gascoigne's death, and more than thirty years after the publication of The Governour, a book with which every man having the least pretensions to be considered a man of education must have been acquainted, and particularly a Judge, as it was written by the son of a distinguished Judge. It is therefore at least as probable that Whidden was quoting from his recollection of the story as told by Elyot or Hall, as from some independent authority. If Coke could refer to The Governour as his authority, why not Whidden, who lived still nearer to the time when The Governour was first published? The inference, therefore, in favour of the authenticity of the story drawn from the united testimony of two chroniclers, the great dramatist, and a single Judge of the 16th century, ceases to be conclusive when that testimony is submitted to the only test which can now be applied, and it is shown that the evidence of these witnesses, when critically examined, proves not to be intrinsically and independently valuable. At the risk, therefore, of being charged with exhibiting what Lord Campbell has styled 'a reckless spirit of questioning what has long been taken for implicit truth,' the Editor feels bound to express the opinion that the story, which during several centuries has been allowed to pass, not indeed unchallenged, but with the advantage of appealing directly to the national sympathy with the characters personified, and with the prestige derived from the support of great names, must at length be deposed from its pedestal as the monument of a strictly historical fact, and be henceforth regarded only as a peculiarly interesting specimen of monastic legend.

untill the pleasure of the kyng, your father, be further knowen. With whiche wordes beinge abasshed, and also wondrynge at the meruailous grauitie of that worshipful Justice, the noble prince, layinge his waipon aparte, doinge reuerence, departed and wente to the kynges benche as he was commaunded. Wherat his seruants disdainyng, came and shewed to the kynge all the hole affaire. Wherat he a whiles studienge, after as a man all rauisshed with gladness, holdyng his eien and handes up towarde heuen, abrayded, sayinge with a loude voice, O mercifull god, howe moche am I, aboue all other men, bounde to your infinite goodnes; specially for that ye haue gyuen me a iuge, who feareth nat to ministre iustice, and also a sonne who can suffre semblably and obey iustice?

Nowe here a man may beholde thre persones worthye excellent memorie. Firste, a iuge, who beinge a subiecte, feared nat to execute iustice on the eldest sonne of his soueraigne lorde, and by the ordre of nature his successour. Also a prince and sonne and heire of the kynge, in the middes of his furye, more considered his iuell example, and the iuges constance in iustice, than his owne astate or wylfull appetite. Thirdly, a noble kynge and wyse father, who contrary to the custome of parentes, reioyced to se his sonne and the heire of his crowne, to be for his disobedience by his subiecte corrected.

Wherfore I conclude that nothing is more honorable, or to be desired in a prince or noble man, than placabilitie. As contrary wyse, nothing is so detestable, or to be feared in suche one, as wrathe and cruell malignitie.

CHAPTER VII.

That a gouernour ought to be mercifull and the diuersitie of mercye and vayne pitie.

MERCYE is and hath ben euer of suche estimation with mankynde, that nat onely reason persuadeth, but also experience proueth, that in whome mercye lacketh and is nat founden, in hym all other vertues be drowned and lose their iuste commendation.

Crueltie.

The vice called crueltie, whiche is contrary to mercye, is by good reason most odyous of all other vices, in as moche as, lyke a poyson or continual pestilence, it destroyeth the generation of man. Also the vertues beynge in a cruell persone be nat only obfuscate or hyd, but also lyke wyse as norysshynge meates and drynkes in a sycke body do lose their bountie and augmente the malady, semblably diuers vertues in a persone malicious do minystre occasion and assistence to crueltie.

But nowe to speke of the inestimable price and value of mercy. Let gouernours, whiche knowe that they haue resceyued theyr powar from aboue, reuolue in their myndes in what peryll they them selfes be in dayly if in god were nat habundaunce of mercy, but that as sone as they offende him greuously, he shulde immediatly strike them with his moste terrible darte of vengeaunce. All be it uneth any houre passeth that men deserue nat some punysshement.

The mooste noble emperours, whiche for their merites resceyued of the gentyles diuyne honours, vainquisshed the greate hartes of their mortall enemyes, in shewynge mercy aboue mennes expectacion.

Julius Cesar, whiche in policie, eloquence, celeritie, and prowesse, excelled all other capitaynes, in mercye onely a he

а

▪ Moderationem vero clementiamque, cum in administratione, tum in victoriâ belli civilis, admirabilem exhibuit. Denuntiante Pompeio, pro hostibus se habiturum, qui Reipublicæ defuissent; ipse, medios et neutrius partis suorum sibi

surmounted hym selfe; that is to say, contrary to his owne affectes and determinate purposes, he nat onely spared, but also resceyued into tendre familyaritie his sworne enemyes. Wherfore, if the disdayne of his owne blode and alyaunce had nat traytourously slayne him, he had raigned longe and prosperously.

But amonge many other examples of mercy, wherof the histories of Rome do abounde, there is one remembred by Seneca de Seneca, whiche may be in the stede of a great nombre. Clementiâ. It was reported to the noble emperour Octauius Augustus, that Lucius Cinna, which was susters sonne to the great Pompei, had imagined his dethe. Also that Mercye Cinna was appointed to execute his feate whyles the emperour was doinge his sacrifice. This reporte was made by one of the conspiratours, and therwith diuers other thinges agreed: the old hostilite betwene the houses of Pompei and Cesar, the wilde and sedicious

sherved bi Augustus untill his enemye.

numero futuros, pronuntiavit. Quibus autem ex commendatione Pompeii ordines dederat, potestatem transeundi ad eum omnibus fecit. Motis apud Ilerdam deditionis conditionibus, cum, assiduo inter utrasque partes usu atque commercio, Afranius ac Petreius deprehensos intra castra Julianos subitâ pœnitentiâ interfecisserent, admissam in se perfidiam non sustinuit imitari. Acie Pharsalicâ proclamavit, "ut civibus parceretur :” deincepsque nemini non suorum, quem vellet, unum partis adversæ servare, concessit: nec ulli perisse nisi in prælio reperiuntur, exceptis duntaxat Afranio et Fausto et L. Cæsare juvene; ac ne hos quidem voluntate ipsius interemtos putant: quorum tamen et priores post impetratam veniam rebellaverant, et Cæsar, libertis servisque ejus ferro et igni crudelem in modum enectis, bestias quoque ad munus populi comparatas contrucidaverat. Denique tempore extremo etiam, quibus nondum ignoverat, cunctis in Italiam redire permisit, magistratusque et imperia capere. Sed et statuas L. Syllæ atque Pompeii, à plebe disjectas, reposuit. Ac, si qua posthac aut cogitarentur gravius adversus se, aut dicerentur, inhibere maluit quàm vindicare. Itaque et detectas conjurationes conventusque nocturnos non ultrà arguit, quàm ut edicto ostenderet, esse sibi notas: et acerbè loquentibus satis habuit pro concione denuntiare, ne perseverarent; Aulique Cæcina criminosissimo libro et Pitholai carminibus maledicentissimis laceratam existimationem suam civili animo tulit.'-Sueton. Julius, cap. 75.

Delatum est ad eum indicium, L. Cinnam, stolidi ingenii virum, insidias ei struere. Dictum est et ubi, et quando, et quemadmodum aggredi vellet : unus ex consciis deferebat. Constituit se ab eo vindicare, consilium amicorum advocari

witte of Cinna, with the place and tyme, where and whan the emperour should be disfurnisshed of seruauntes. No wonder though the emperours mynde were inquiete, beinge in so perilous a conflicte, consideryng on the one parte, that if he shulde put to dethe Cinna, whiche came of one of the moste noble and auncient houses of Rome, he shulde euer lyue in daunger, onlas he shulde destroye all that noble familie, and cause the memorie of them to be utterly exterminate; whiche mought nat be brought to passe without effusion of the bloode of persones innumerable, and also perile of the subuercion of the empire late pacified. On the other parte, he considered the imminent daunger that his persone was in, wherfore nature stered hym to prouide for his suretie, wherto he thought than to be none other remedy but the deth of his aduersarie. To hym beinge thus perplexed came his wife Liuia, the empresse, who said unto him, Pleaseth it you, sir, to here a womans aduise. Do you as phisitians be wonte to do, where their accustumed remedies preue nat, they do assaye the contrarye. By seueritie ye haue hitherto nothing profited, proue therfore nowe what mercy may aduaile you. Forgiue Cinna; he is taken with the maynure, and may nat nowe indomage you, profite he may moche to the jussit. Nox illi inquieta erat, quum cogitaret adolescentem nobilem, hoc detracto, integrum, Cn. Pompeii nepotem damnandum. Jam unum hominem occidere non poterat cum M. Antonio proscriptionis edictum inter cœnam dictarat. Gemens subinde voces emittebat varias, et inter se contrarias. Quid ergo? ego percussorem mecum securum ambulare patiar, me sollicito? Ergo non dabit pœnas, qui tot civilibus bellis frustra petitum caput, tot navalibus, tot pedestribus præliis incolume, postquam terrâ marique pax parta est, non occidere constituit, sed immolare?' Nam sacrificantem placuerat adoriri. Rursus silentio interposito, majore multo voce sibi, quàm Cinna irascebatur. 'Quid vivis, si perire te tam multorum interest? Quis finis erit suppliciorum? Quis sanguinis? Ego sum nobilibus adolescentulis expositum caput, in quod mucrones acuant. Non est tanti vita, si, ut ego non peream, tam multa perdenda sunt.' Interpellavit tandem illum Livia uxor, et 'Admittis,' inquit, 'muliebre consilium? Fac quod medici solent: qui ubi usitata remedia non procedunt, tentant contraria. Severitate nihil adhuc profecisti: Salvidienum Lepidus secutus est, Lepidum Muræna, Murænam Cæpio, Cæpionem Egnatius, ut alios taceam, quos tantum ausos pudet: nunc tenta, quomodo tibi cedat clementia. Ignosce L. Cinnæ. Deprehensus est: jam nocere