encrease of vacabundes in to infinite nombres, the obstinate resistence of them that dailye do transgresse the lawes made againe games and apparaile, which be the streight pathes to robry and semblable mischiefe ; yet if any one commissioner, meued with zele to his countray, accordyng to his duetie do execute duely and frequently the lawe or good ordinaunce, wherein is any sharpe punisshement, some of his companyons therat reboyleth,a infamynge hym to be a man without chaEngland. Although order could be enforced where an active resolute man had been chosen to supersede the inefficiency of the local authorities, in other parts of England, in Hampshire, Wiltshire, Somersetshire, Devonshire, and Cornwall especially, there was no slight necessity still remaining for discipline of a similar kind; the magistrates had been exhorted again and again in royal proclamations to discharge their duty more efficiently.' And he gives at length from an unpublished MS. in the Rolls House a circular addressed by royal command to the justices of the peace, in which occurs the following passage, fully bearing out Sir T. Elyot's observations in the text, and in the composition of which indeed it is not impossible that he may have assisted. 'You shall have special regard that all sturdy vagabonds and valiant beggars may be punished according to the statute made for that purpose. Your default in the execution whereof, proceeding upon an inconsiderate pity to one evil person, without respect to the great multitude that live in honest and lawful sort, hath bred no small inconvenience in our commonwealth. An 1 you shall also have special regard that no man be suffered to use any unlawful games, but that every man may be encouraged to use the long bow, as the law requireth. Furthermore, our pleasure and most dread commandment is, that all respects set apart, you shall bend yourselves to the advancement of even justice between party and party, both that our good subjects may have the benefit of our laws sincerely administered unto them, and that evil-doers may be punished as the same doth prescribe and limit. To which points, if you shall upon this monition and advertisement give such diligent regard as you may satisfy your duty in the same, leaving and eschewing from henceforth all disguised corruption, we shall be content the more easily to put in oblivion all your former remissness and negligence.' -Hist. of Eng. vol. iii. pp. 419-422, ed. 1858. Special commissions were issued into various counties, and in one county, Hampshire, Sir Thomas Wriothesley thus explained their object to the assembled gentry. The king, he told the magistrates, desired most of all things that indifferent justice should be ministered to the poor and rich, which he regretted to say was imperfectly done.'-Ibid. p. 424.

From the French rebouiller, which again is itself derived from the Low Latin rebullire. Du Cange translates the latter 'recandescere, redintegrari, per metaphoram.' And he cites a passage from a bull of Pope Clement V. circa 1305, which very well illustrates the metaphorical sense in which it is employed by Sir Thos. Elyot. 'Nos attendentes, quòd nisi ante prædictum festum . . . futuris de prædictâ turbatione periculis occurratur, dissentionum hujusmodi flamma rebulliret. A substan

ritie, callyng hym secretely a pike thanke, or ambicious of glorie, and by suche maner of obloquie they secke meanes to bringe hym in to the haterede of people. And this may well be called vayne pitie; wherin is contayned neither iustice nor yet commendable charitie, but rather therby ensueth negligence, contempte, dissobedience, and finally all mischiefe and incurable misery.

If this sickenesse had reigned amonge the old Romanes, suppose ye that the astate of their publike weale had sixe

tival form of the word is employed by Sir Henry Wotton, who says, 'We are sorry to hear that the Scotish gentlemen, who have been lately sent to that King, found (as they say) but a brusk welcome; which makes all fear that there may be a rebullition in that business.'-Reliquiæ Wotton. p. 582, ed. 1685. This passage is erroneously attributed by Richardson in his Dictionary to the author of Epistolæ Ho-Eliana.

And so does Daniel in his poem on the Wars of the Roses.

'There he beheld how humbly diligent

New adulation was to be at hand,

How ready Falsehood stept, how nimbly went

Base pickthanke Flattery and preuents command.'

The 2nd Book, stanza 57, ed. 1595.

An instance of an exactly opposite expression occurs in Hyrde's translation of a work of Ludovicus Vives, published about 1541. There be some, whiche whan they thynke them selfe they haue done all theyr owne busynes, than without shame they medle with other folkes busines, and gyue counsayle, as though they were great sages, and exhort and giue preceptes, rebuke and correcte, pyke fautes, and be wondrous quycke of syghte from home, and at home blynde inough.' The instruction of a Christen Woman, fo. 138 b. ed. 1541. An analogous phrase is employed by Tyndall in his Practise of Popishe Prelates. 'This Pope Clemens calleth the Duke of Guelder the eldest sonne of that holy sea of Rome, for no other vertue nor propertie that any man can know, saue that hee hath bene all his lyfe a picke quarell, and a cruell and an unrighteous bloudshedder, as his father that sitteth in that holy sea is.'-Works, P. 349, ed. 1573.

hundred yeres encreased, and two hundred yeres continued in one excellent astate and wonderfull maiestie? Or thinke ye that the same Romanes mought so haue ordred many great countrayes, with fewer ministers of iustice than be nowe in one shire of Englande? But of that mater, and also of rigour and equalite of punishement, I wyll traicte more amply in a place more propise for that purpose.

And here I conclude to write any more at this tyme of mercy.

CHAPTER VIII.

The thre principall partes of humanitie.

THE nature and condition of man, wherin he is lasse than god almightic, and excellinge nat withstanding all other creatures in erthe, is called humanitie; whiche is a generall name to those vertues in whome semeth to be a mutuall concorde and loue in the nature of man. And all thoughe there be many of

The period of eight hundred years thus assigned as the limit of Roman history can only be accounted for on the hypothesis that the author excluded the duration of the kingly period, and reckoned from the foundation of the Republic, or rather from the regifugium, B.C. 508, to the death of Carinus, A.D. 285, and as the Augustan History concludes at the latter point, it seems not unlikely that these were the termini really selected by Sir Thomas Elyot.

The principal of these being the Lord Lieutenant, Sheriff and DeputySheriff, Coroner, Justices of the Peace, constables, overseers of the poor, surveyors of highways, churchwardens, commissioners of sewers, hundredors, tything men, bailiffs, head-boroughs, cum multis aliis.

• Aulus Gellius mentions the primary and secondary meanings of this word, and from his definition it is easy to trace the significance of the term 'Humanities,' applied at a much later period to a special course of study at the Universities. 'Qui verba Latina fecerunt, quique his probe usi sunt, "humanitatem," non id esse voluerunt quod vulgus existimat, quodque à Græcis piλav@pwría dicitur, et significat dexteritatem quandam benevolentiamque erga omnes homines promiscuam, sed "humanitatem" appellaverunt id propemodum quod Græci raideíav vocant; nos eruditionem institutionemque in bonas artes dicimus: quas qui sinceriter cupiunt appetuntque, hi sunt vel maxime humanissime: hujus cnim scientiæ cura et discip

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the said vertues, yet be there thre principall by whome humanitie is chiefly compact; beneuolence, beneficence, and liberalitie, which maketh up the said principal vertue called benignitie or gentilnes.

с

Beneuolence, if it do extende to a hole contraye or citie, it is proprely called charitie," and some tyme zele ; © and Charitie. if it concerne one persone, than is it called beneuolence. And if it be very feruent and to one singuler lence.

Beneuo

lina ex universis animantibus uni homini data est; idcircoque humanitas appellata est.'-Noct. Att. lib. xiii. cap. 16.

• After the lapse of three centuries modern philosophy can scarcely give us a better definition of this principle. Thus Dr. Whewell says, 'Benevolence is a Desire or Affection which has for its object the good of all mankind. This object may be expressed by the term Humanity. Humanity, which is thus the ideal object of Benevolence, is also a term used to describe the disposition itself, as it exists in man, who is the subject of this affection. We have thus an objective and a subjective Humanity. Subjective Humanity is Benevolence; objective Humanity is the Good of all Mankind, the Welfare of Man and the like.'-Elem. of Morality, pp. 75, 76, 4th ed.

We should rather term it 'philanthropy.' Dr. Whewell says, 'The Benevolent Affections are also modified by a regard to the circumstances of the object. We naturally share in the emotions which we witness in man: we have a Fellowfeeling, a Sympathy with them. When this Disposition leads us to feel pain at the sight of pain, it is Compassion; we commiserate the object. This feeling being strongly confirmed by Piety, came to be called Pity. Such a Disposition, as it prompts us to abstain from adding to the pain felt, is Mercy or Clemency; as it prompts us to remove the pain or want which we see, it is Charity. But this word has also a wider sense in which it describes Benevolence, as it makes us abstain from judging unfavourably of other men. All these are virtuous affections, and lead to the performance of Duties of Benevolence.'-Elements of Moral., p. 79, 4th ed.

• This hardly corresponds to the modern acceptation of the term, but in his own Dictionary the second meaning assigned by the author to the Latin word zelus, is 'loue,' and he could perhaps plead the authority of Ausonius, who says 'Quin etiam cupio, junctus quia zelus amori est.'

Epig. 77, ad Crispam.

A modern writer says, 'The feelings of Love of Right, and Anger at Wrong, in a permanent and energetic form, are virtuous Zeal.'- Elem. of Mor. p. 82.

4 The following is a modern definition of this quality. 'Benevolence is the Virtue of the Affection of Love. This Affection is variously modified, according to the persons to whom it is directed, and the accompanying circumstances. Thus there is Conjugal Love, the Love of Husband and Wife : Parental (Paternal and

Loue
Amitie.

Liberalitie.

persone, than may it be named loue or amitie. Of that vertuous disposition procedeth an acte, wherby some thinge is employed whiche is profitable and good to him that receyueth it. And that vertue, if it be in operation, or (as I mought saye) endeuour, it is called than beneficence, and the dede (vulgarly named a good tourne) may be called a benefite. If it be in money or other thing that hath substaunce it is than called liberalitie, whiche is nat alway a vertue as beneficence is; for in well doinge (whiche Seneca is the right interpretation of beneficence) can be no de benef. vice included. But liberalitie, thoughe it procede of a free and gentill harte, wyllinge to do some thinge thankefull, yet may it transgresse the bondes of vertue, eyther in excessiue rewardes, or expences, or els emploienge treasour, promotion, or other substaunce on persones unworthy, or on thynges inconuenient, and of small importaunce. All be it some thinke

Maternal) Love; Filial Love; Fraternal Love, and other kinds of Family Affection; Friendship, the Love by which Friends are especially drawn to each other; our Love of our Fellow-Citizens; of our Fellow Countrymen; finally, the Love which we bear to the whole Human Race, and to every member of it. All these are included in the general term Benevolent Affections.'—Elem. of Moral., p. 78. Affections by which man clings to man, may be expressed by the term Benevolence, understood in the largest sense. Men feel, in the first place, the kinds of this Affection which operate within certain limited spheres. We feel and conceive the Affection of Love at first, as binding together the members of the same Family.'-Ibid. p. 72.

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b 6 Wealth, and Property of all kinds, may be used as a means of Benevolence, and from this use arise Virtues; as Charity, already mentioned, Liberality, (a willingness to give) and the like.-Ibid. p. 83.

eMultum interest inter materiam beneficii, et beneficium; itaque nec aurum, nec argentum, nec quidquam eorum quæ à proximis accipiuntur, beneficium est, sed ipsa tribuentis voluntas ... Est enim recte factum, quod irritum nulla vis efficit.'-Seneca, de Benef. lib. i. cap. 5. Montaigne expresses the same idea as our 'Si la liberalité d'un prince est sans discretion et sans mesure je l'aime mieulx avare.'-Essais, tom. iii. p. 495, ed. 1854.

author.

a This seems exactly to anticipate Dr. Whewell's definition in the Elements of Morality, 'A willingness to give is Liberality, Generosity, Bountifulness; which are reckoned Virtues. But this disposition may be excessive: the man is then lavish, extravagant,' p. 84 ; and so Bentham says, Exercised by a public functionary, at the expense of the public, liberality, is but another name for waste.