THE CHARACTERIZATION OF THE JUDGE

IN ENGLISH MEDIEVAL AND TUDOR

DRAMA

Cynthia Marie Piccolo

A thesis submitted in conformity with the requirements for the degree of Doctor of Philosophy

Graduate Centre for the Study of Drama University of Toronto

O Copyright by Cynthia Marie Piccolo. 1998

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The Characterization of the Judge in English Medieval and Tudor Drama

PhD, 1998

Cynthia Marie Piccolo

Graduate Centre for the Study of Drama University of Toronto

Rather than looking at justice in the abstract, this thesis looks at the characterization

of judges in English Medieval and Tudor drama. It begins with a chapter discussing

religious, literary and philosophical, and social contexts in order to formulate a picture of

cultural assumptions about judges and provide a basic overview of the contemporary legal

system. Following this, the main chapter divisions are: The Divine Paradigm; The Good

Judges: The Bad Judges; The Ambiguous Judges. The works considered begin with The

Castle of Perseverance, include the Biblical Plays and moral interludes, and conclude with

Measure for Measure, dated 1604, after the death of Elizabeth I.

The judgements of God, the perfect judge, chiefly concern the soul. but may also

concern the body, as in the judgement of Adam and Eve. Good judges, whose judgements

are primarily secular, are viewed favourably by the playwrights. These judges may be

either human or abstraction. and when represented as abstractions, may have varied

functions. In fact, these are not so much characters as plot functions. Bad judges are

viewed critically or satirically, and their judgements are secular. Bad judges manifest their

wickedness in more ways than those shown in the contextual material, and they can be

further divided into the sub-categories: Worldly Ills/Cormption; Tyrant; FooVFoolish; and

Vice. The Few ambiguous judges have combined features of divine, good and/or bad

judges. Though not seen in every play, the components of judgement represented by the

four daughters of God have echoes across the chapters, as do legal procedures or trappings

(e.g. a summons).

God stands as the ideal judge. The good judges teach by positive example. The

bad judges illustrate the many ways in which a judge may be wicked and teach by negative

example. The bad judges' len,@y appearance on stage and. indeed, the frequency of the

portrayal of judges as bad. feeds into a stereotype of judges as figures of corruption and

provides a strong critical commentary on judges in this very litigious period. Overall, the

main unifying factor of the judges is that they are instructive.

TABLE OF CONTENTS

Chapter I:

... 111 .

Chapter U:

1 . . . U . ... 111 .

Chapter m:

1 . . . 11 . ... U1 .

iv .

Chapter N:

1 . . . U .

Introduction ............................................................................ Page 1

. . Rellglous Material ........................................................... Page 2

a) Views of God as Judge d Biblical ....................................... Page 3

b) Views of God as Judge - Sermons .................................... Page 8

C) Views of Good Judges - Biblical ....................................... Page 13

d) Views of Good Judges - Sermons .................................. Page 15

e ) Views of Bad Judges - Biblical ................................... Page 18

f) Views of Bad Judges - Sermons ......................... ......... . Page 19

Literary and Philosophical Material ...................................... Page 2 1

....................................................... a) Views of Good Judges Page 2 1

b) Views of Bad Judges ............... .. ..................................... Page 33

................................................................ The Social Situation Page 48

The Divine Paradigm

........................................................................... Summary Page 57

............................................................................... The Plays Page 62

............................................................................. Conclusion Page 1 16

The Good Judges

............................................ ................... Summary ....... Page 1 19

......................................... The Plays and Their Good Judges Page 120

............................................ Justice as Human or Abstraction Page 142

............... ................................................... Conclusion ... Page 143

The Bad Judges - Part I

.............................................................................. Summary Page 147

....... The Plays and Their Bad Judges (Medieval) ........... ... Page 148

iv

Chapter V: The Bad Judges . Part II

1 . The Plays and Their Bad Judges (Tudor) ............................... Page 178

. u . The Bad Judges as Types ....................................................... Page 220

... lu . Conclusion ............................................................................. Page 232

Chapter VI: The Ambiguous Judges ............................... .. ........................ Page 234

Conclusion ..................................................................................................... Page 25 1

Appendix

I*

. * U . ... U1 .

iv .

v .

vi .

vii .

... VLU .

ix .

X .

xi .

xii . ...

XUI .

xiv .

Adam & Eve . Gen . 1-3 (Vulgate) ........................................ Page 258

Adam & Eve . Gen . 1-3 (Douay-Rheirns) .......................... Page 260

Cain & Abel . Gen . 4 (Vulgate) ........... ... ........................... Page 262

Cain & Abel . Gen . 4 (Douay-Rheims) ................................. Page 263

Noah & the Ark . Gen . 6-9 (Vulgate) ........... .... ................ Page 264

Noah & the Ark . Gen . 6-9 (Douay-Rheims) .................... .... Page 267

. Woman Taken in Adultery John 8: 1- 1 1 (Vulgate) .............. Page 269

... . Woman Taken in Adultery John 8: 1- 1 1 (Douay-Rheims) Page 270

.......... . . Idle Words & Judgement Matt 12%-37 (Vulgate) Page 27 1

Idle Words & Judgement . Matt . 12:36-37 (Douay-Rheims).Page 27 1

................... . . The Last Judgement Matt 25: 3 1-46 (Vulgate) Page 27 1

....... . . The Last Judgement Matt 25: 3 1-46 (Douay-Rheims) Page 272

.................... . . The Last Judgement Rev 20: 1 1-15 (Vulgate) Page 273

....... . . The Last Judgement Rev 20: 1 1- 15 (Douay-Rheims) Page 274

.................................................................................................. Bibliography Page 275

CHAPTER I

This chapter's role is to formulate a picture of cultural assumptions about judges

and to provide a brief overview of the contemporary legal system. It presents contextual

matter divided into the following major headings: religious material, Literary and

philosophical material, and the social situation. The Religious section will include

quotations from the Bible and sermons. For each of these, the information concerning

God will be followed by that regarding the Good Judges, and then the Bad Judges,

reflecting the organization of later chaptea in this thesis. The Literary and Philosophical

section will contain written works from across time,l including those with a clear religious

import. such as Piers Plowman. Contextual material concerning good judges will be

drawn chiefly from positive instructions, examples, commentary and stories, rather than

from negative examples and criticisms, as will be the case with the bad. The Literary and

Philosophical section does not include information concerning God, so information

concerning the Good Judges will be followed by that concerning Bad Judges. Within this

section, material will be presented in chronological order. The Social section will provide

It includes material as early as Plato's Republic (fourth century BC) and as late as Bacon's "Of Judicature" (1612).

historical information concerning the English legal system.

1. Religious Material

God and religion were exceedingly important in the Lives of individuals in the

medieval and Tudor periods in England. During the medieval period, Christianity,

specifically Catholic Christianity, was the only religion of the country, and it permeated

every aspect of Life, not only the basics of birth (i.e., baptism), marriage and death.

Through religion, the divine could be experienced in the Eucharist and sins could be

forgiven, enabling ultimate salvation. Further, religion played a larger social role, as is

evidenced by Masses, sermons, pious guilds, processions, pilgrimages, and biblical and

liturgical dramas. In the country as a whole, the Church was a source of learned. literate

persons, and it was involved with the administration of justice, operating ecclesiastical

c o w . Further, as Christopher Haigh writes, "Everyone lived within a system of moral

laws derived from Old and New Testament prescripts and enforced by Church teaching

and Church court^..."^ Despite sectarian divisions in the sixteenth century, one factor

remained from the medieval period, that is, it was "an age of religion: God matteredaW3

God is considered the source of al l things, and humanity is said to have been

created in God's image. Humanity is expected to follow the example and teachings of the

Creator. One of God's functions is that of judge, so God sets for humanity a primary

example of proper judgement. As will be seen later in this chapter, human judges are seen

Christopher Haigh English Reformations - Religion. Politics and Societv Under the Tudors (Oxford: Clarendon Press, 1993). p. 285.

3 English Reformations, p. 285.

as the counterparts of the divine judge. The Bibk and sermons. especidy. taught the

populace how to live well. In addition, these provide one of the contextual sources for

representations of God as judge, and of good and bad human judges.

a) Views of God as Judge - Biblical

Judgement as one of God's functions, and statements regarding God's qualities as a

judge in real time and at Doomsday, are seen in several places in the BibleJ. although the

most frequent references are found in the psalms. In Deuteronomy, God is described as

follows: "Dominus Deus vester ipse est Deus deorum et Dorninus dominantium Deus

magnus et potens et terribilis qui personam non accipit nec munen facit iudicium pupillo et

viduae."5 The greatness of God is illustrated by the fact that, in judgement, persons are not

favoured, nor are bribes taken. God's power is used to give justice to the defenceless. It is

also advised in Ecclesiasticus not to try to bribe God, for bribes will not be accepted: "noli

offerre munera prava non enim suscipiet illa et noli inspicere sacrificium iniusturn quoniarn

Dominus iudex est et non est apud illum gloria personae non accipiet Dorninus personam

.'The Vulgate will be used for the quotations concerning God, because most plays containing this character originate in the period when it was the only available Bible.

5 Deuteronomy LO: 17- 18. ''The Lord your God is God of gods and Lord of lords, a great God, powerful and terrible, who does not accept persons or presents. He performs justice for the orphan and widow." The translations of these relatively brief Latin quotations will be my own.

in pauperem et precationim laesi exaudiet? Again, God is referred to as a judge who is

not partial to anyone, particularly the great, and who will not take bribes. As will be

discussed in later in this chapter, as well as in Chapters IV and V, partiality, bribe-taking

and injustice to the poor and downtrodden are among the criticisms levelled against bad

judges.

God is also exhorted to judgement, to defend the poor and to bring down the great:

"exaltare qui iudicas terram ndde retributionem superbisW7, "et iudicabit gentes et arguent

populos."* God has a levelling function, which suggests that all of humanity is equal

before God. The words also remind us that God will judge dl of humanity. There is

constant affirmation that God is righteous, and that the judgements of God are true and

just: "tirnor Domini sanctus permanens in saeculum saeculi iudicia Domini Vera iustificata

in semet ipsa"9; "laetentur et exultent gentes quoniam iudicas populos in aequitate et gentes

in terra diriges diapsalrna" lo: "dicite in gentibus quia Dominus regnavit etenim correxit

orbem qui non movebitur iudicabit populos in aequitate" ... "a facie Domini quia venit

quoniarn venit iudicare terrarn iudicabit orbem terrae in aequitate et populos in veritate

Ecclesiasticus 35: 14- 16. "Do not try to offer Him presents, He will not accept them, do not put your faith in unjust sacrifices: for the Lord is a judge who does not favour the fame of a person. He never shows partiality to the detriment of the poor, He listens to the plea of the injured."

7 Psalm 9 3 2 "Arise, You who judge the earth, and give retribution to the proud."

Isaiah 2:4. "And He will judge the nations and accuse many peoples."

Psalm 18: 10. "The fear of the Lord is holy, enduring forever and ever, the judgements of the Lord are true, justified in themselves."

10 Psalm 665. "Let the nations be glad and exult, for You judge the people with equity (fairness) and direct the nations on the earth."

Sualt I I . . "iustus es Dornini et rectum iudicium tuum mandasti iustitiam testimonia tua et

veritatem tuam" ... "iustitia tua iustitia in aetemum et lex ma veritas."12 Throughout these

passages, a great faith in God's justice and truth is found. and such assurance will be seen

in representations of God in drama. Importantly. the prophet Isaiah foresees the root of

Jesse who will judge the people -- in Christian typological tradition. a foretelling of Jesus:

et egreditur virga de ndice lesse et flos de radice eius ascendet et requiescat

super eurn spiritus Domini spiritus sapientiae et intellectus spiritus consilii

et fortitudinis spiritus scientiae et pietatis et replebit eurn spiritus timoris

Domini non secundum visionem oculorem iudicabit neque secundurn

auditum aurium arguet sed iudicabit in iustitia pauperes et arguet in aequitate

pro mansuetis terrae et percutiet terram v i sa oris sui et spiritu labiorum

suorum inteficiet impium et erit iustitia cingulum lumborum eius et fides

cinctorium renis eius. 13

This prophesied one would possess the qualities hoped for in a judge: wisdom.

Psalm 95: LO & 13. "Say among the nations the Lord has reigned. He has corrected the world which shall not be moved. He will judge the people with equity ( fairness) ... He comes to judge the earth. He will judge the world with equity (fairness) and people with His truth."

l 2 Psalm 1 18: 137-138 & 142. "You are just. Lord. and Your judgement is right. You have commanded justice by Your testimonies and Your truth ... Your justice is justice forever and Your law is truth."

l 3 Isaiah 1 1: 1-5. "There shall come a rod from the root of Jesse, a new shoot will grow from his roots. On Him will rest the spirit of the Lord. the spirit of wisdom and understanding, the spirit of counsel and power, the spirit of knowledge and piety. He will be filled with the fear of the Lord. He will not judge by the sight of His eyes nor blame according to the hearing of His ears. He will judge the poor with justice and with equity (fairness) reprove the humblest in the land. He will strike the earth with the rod of His mouth and with the breath of His lips bring death to the wicked. Justice will be the belt around His waist and faith the belt around His hips."

understanding, counsel. strength, knowledge, and fear of the lord and this judge would be

righteous and fair. The figure would not judge by appearances or hearsay, and would not

be unjust to the poor. Thus in Christian tradition, Jesus has the qualities of a perfect judge.

Significantly in this picture. the perfect judge is a strict one.

The Bible also includes statements suggestive of or directly referring to God's

judgement at the end of time. Psalm 9 states, "Dominus in aeternurn permanet paravit in

iudicio thronum suum et ipse iudicabit orbem terne in aequitate iudicabit populos in

iustitia."lJ The psalmist sees righteousness and fairness in God at the end of the world --

mercy is not mentioned here. Psalm 97 is similar, saying, "Domini quoniarn venit iudicare

terrarn iudicabit orbem ternm in iustitia et populos in aequitate." l 5 Wisdom envisions a

martial figure who is strict in judgement: "induet pro torace iustitiarn et accipiet pro galea

iudiciurn certum surnet scutum inexpugnabilem aequitatem acuet autem duram irarn in

lanceam ..."I6 God does not accept bribes now, nor will they be accepted at Judgement

Day: "argenturn eorum foris proicietur et aururn eorum in sterquilinium erit argentum

eomm et aurum eorum non valebit liberare eos in die furoris Domini."17 The term "die

1-1 Psalm 953-9. "The Lord remains forever. He has prepared His throne for judgement and He Himself will judge the world with equity (fairness) and will judge the people with justice."

' 5 Psalm 97:9. "The Lord is coming to judge the earth. He will judge the earth with justice and the people with equity (fairness)."

l 6 Wisdom 5: 19-2 1. "He will put on justice as a breastplate and take true judgement as His helmet. He will take equity (fairness) for an impregnable shield. He will sharpen His harsh wrath for a spear ..."

17 Ezekiel 7: 19. "They will throw their silver away in the streets and their gold will be cast on a dung-heap. Neither their silver nor their gold will save them in the day of the wrath of the Lord."

furoris" does not bode well for the sinful at the end of time. These images provide support

for the representation of a God of justice at Doornsday.18

There is another biblical quotation important to medieval concepts ofjustice, and

that is Psalm 84: 1 1- 12: "misericordia et veritas obviaverunt sibi; iustitia et pax osculatae

sunt veritas de tern orta et iustitia de caelo prospexit." 19 This coming together of the four

aspects of God. which are Mercy. Truth. Justice and Peace. was considered by medieval

theologians to be a prophecy of the coming of Christ, and a new concept of divine justice

which would replace the more severe Old Testament law.20 This quotation is the source of

the tradition of the [our daughters of God." As may be interpreted by the names, clearly

there would be a difference in opinion among the four when sitting in judgement. Mercy

would not be of the same opinion as Truth and Justice. and Peace would likely side with

Mercy. The two main attributes which occur in discussions of judgement are mercy and

justice. Although in their allegorical representations these two judicial attributes are

mutually exclusive. the implication is that God is the judge who is able to bring them

together. So a human judge, following God's example, must not have the limited vision of

one of these figures. but must be able to make judgements ranging along a continuum

from strict justice to free mercy. whatever is most appropriate to each individual case.

'"he biblical instances of God in judgement, e.g. in judgement against Adam and Eve, will be mentioned later in reference to the plays on their subjects. The texts of these instances are provided in the Vulgate and Douay-Rheims versions in the appendix.

l 9 "Mercy and Truth have met each other. justice and Peace have kissed. Truth is rising from the earth, and Justice has looked down from heaven."

2o Robert Potter, "Divine and Human Justice," pp. 129- 148 in Aspects of Earlv English Drama, ed. Paula Neuss (Cambridge: D.S. Brewer, 1983), p. L37.

a They are daughters, not sons, because the Latin words are feminine.

Justice, especially. would later have representation in drarna, either as a character

named Justice or simply as a judicial figure who represents a strict view of legality.

particularly of guilt and deserved punishment. that is. one who stresses the retributive

aspect of the law. Justice. when canying the traditional prop. the sword. would represent

divine justice (specifically divine punishment) and/or the law's ability to punish." One

example of this image occurs in the Biblical Plays when an armed angel drives Adam and

Eve from Paradise to implement God's sentence of expulsion. Thus in the context of the

drama, Justice and/or the sword of justice are emblems, that is pictures with symbolic

meaning. or devices "composed of pictures and words: a meaningful relationship between

the two is intended: the manner of the communication is connotative ~ t h e r than

denotative."z These images represent the strictness of law and punishment. rather than

mercy.

b) Views of God as Judge - Sermons

Though medieval people may have had no access or limited access to some of the

Although in early works such as The Castle of Perseverance and The Parliament of Heaven Justicia (and Misericordia) are female, in most Tudor plays the Justicia figure is a male. On a simple level, the name changes to Justice from Justicia so the original feminine gender of the name ceases to be an issue. However, another reason for the character becoming male is that it begins to take on secular judicial functions, and at the time there were no female judges. At the same time, the "soft" Misericordia figure stays female, presumably because mercy and pity by convention are deemed more appropriate to females. Also, Mercy remains feminine since it is a quality associated with the Virgin Mary. An exception, which will be discussed later, is the male Mercy in Mankind.

2 Peter M. Daly, Literature in Light of the Emblem (Toronto: University of Toronto Press, 1979), p. 8.

contextual material that will be quoted in this chapter, sermons would have been more

oenerally accessible as a class of works, for they would not have to have been read. Not a

surprisingly. sermons frequently refer to God as judge. While human judges are often

criticized for their injustice. God is shown as always being just. "(H)e demep not as fals

men doon. be herynge of envious men ne by mens lokynge as men deme."24 God does

not listen to tainted testimony and does not base judgements on appearances. A Lollard

sermon-writer says that God is not partial and cannot be bribed: "...he schal not be bowed

for pe preieris of ani man. ne for no jeftes preuente his doom 2 3 Unlike human judges.

"...God in his iupment may not faylen from resoun."l6 God is always perfect. and has no

lapses in judgement. In these. as was seen in the interpretation of Isaiah 1 1 : 1-5, God.

specifically Christ, is considered to be the perfect judge, and therefore human judges

should follow His standard.

Sermons were also Filled with images of Judgement Day. In the Royal 18 B. xxiii

collection of Middle English sermons, people are advised to dread Christ. "pe ryghtful

domesman pat shdl deme all Pinge for bothe Cristen come and seculere courte."" Jesus

will judge people on the basis of offences against religious and secular law at Doomsday.

In some sermons. by both orthodox Catholic and Lollard sermon-writers. the audience is

2J Middle English Sermons Edited from British Museum MS. Roval 18 B. xxiii, EETS OS #209, ed. Woodbum 0. Ross (London: OUP, 1940), p. 121, Sermon 31,ll. 33- 34.

' 5 Lollard Sermons, EETS OS #294, ed. Gloria Cigman (Oxford: OUP, 1989), p. 29, Second Sunday of Advent, 11. 657-658.

26 English Wvcliffite Sermons, Vol. I , ed. Anne Hudson (Oxford: Clarendon Press, 1983), p. 237, Sermon 4,I. 40.

'7 Middle English Sermons, p. 122, Sermon 2 1. 11. 35-36.

advised that their examination by the judge will include having to make an accounting of

their life. including providing evidence of having performed the corporal Acts of Mercy, as

Matthew 25 illustrates. and providing an accounting for every idle word, as Matthew 12

warns.~~mportantly. all deeds will be known by the omniscient God: "And gif pis synne

be now hyd in sowlus of ypocrites. nepeles it schal be knowon at pe late iugement of

Crist:...and no ping is pryue now pat ne it schd be knowe t.~mne."?g The congregation or

reader is repeatedly advised that the Judgement Day is corning, and not to expect mercy

from God on that day.

For God is merciful1 in pis world: here he is mercyfull to euery man pat

askes itt. And in pe opur world he shall be a iuge and not so mercyfidl.

Here he is mercyfull, and per he is a iilge: here he is esy. and per he is

dispitous and cruell.30

Presumably by "dispitous and cruell" the sermon-writer means strictly just, and is not

The Acts of Mercy are: feeding the hungry. giving drink to the thirsty, housing the stranger. clothing the naked, visiting the sick, and visiting the imprisoned. The seventh Act. though not listed in Matthew 25, is burying the dead. This was included in the Acts by the Middle Ages and "was added out of the respect owed to the body as a 'temple of the Holy Spirit' ( 1 Cor 3: 16). and consideration of the sorrows caused by death" (The Catholic University of America. New Catholic Encyclopedia, Vol. 9 [New York: McGnw-Hill. 19671. p. 677). Matthew 1236-37 and 25:3 1-46 are quoted in h l l in the appendix (pp. 2 16-2 18), and are provided in the Vulgate and Douay-Rheirns versions. Some examples of sermons which refer to accounting, Acts of Mercy, andlor idle words, include: Middle English Sermons, p. 18. Sermon 4-11. 36-37 and p. 28, Sermon 6,11.8- 18: English Wvcliffite Sermons, Vol. l , p. 13, Second Sunday of Advent, 11. 12- 15 and p. 22 1, Sermon of Dead Men. 11.495-496; English Wycliffite Sermons, Vol. 3. p. 50, Sermon 141,ll. 76-77 and p. 67. Sermon 147, 11. 1-2.

" English Wycliffite Sermons, Vol. 2, ed. Pamela Gradon (Oxford: Cluendon Press, 1988)- p. 84, Sermon 70,Il. 52-55.

3O Middle English Sermons, p. 277, Sermon 42, 11. 27-3 1.

suggesting that God has negative qualities. Nonetheless, for the sinful, God at Doomsday

is a judge to fear. The congregation is advised to ask for mercy from God before the time

of final judgement. Other sermons have a similar tone:

I concell and I preye euerichon of you to conceyue and knowe pat oure

Lorde God at Be Day of Dome shall shewe ryght with-oute mercye, full

rygorysly, full stumely. and aske of vs howe pat we haue spende pe vij

verkes of mercy. as pe gospell wittenes?

Not only should mercy be asked before Doomsday, mercy must also be performed before

Doomsday. Another sermon-writer. addressing God. speaks of a lack of mercy at the final

judgement: "we knowe well pat pin ryghtwisnes shall rygorisly be shewed to vs at pe Day

of Dome with-owte anny mercye."3? The Lollard sermon-writen illso speak of a lack of

mercy: "...ful sharply at pe Day of Dome when pou shalt be anectid ful streitly, 'and I shal

sett it agyen pi face' when po shalt be darnpned wipoute ony mercy."33 Further, an

individual's earthly status will mean nothing, bribes will be useless. and the time will be

past for assistance from the Viqin Mary or the saints.

per shdl no man askape with no rneynprise. ne for no drede ne favour of

lordeshippe, ne for no mede, for per shall noon be saved but poo pat be

owte of dedely synne. For and pou be pan fowndon in anny dedely synne,

poo Oure Ladie and all pow3 seyntes pat been in heven prey for pe. pei

shall not be herde. why-for pan pe tyme of grace and of amendement is pan

31 Middle English Sermons, p. L8, Sermon 4,11. 32-37.

32 Middle English Sermons, p. 26, Sermon 6, 1. 35 & p. 27. Sermon 6,li. 1-2.

33 Lollard Sermons, p. 153, Second Sunday in Lent, 11. 153-155.

paste ... jiff pou die in dedely synne, pan pou shallt be dampned in he11

bothe bodie and sowle: and 3iff pou ende in good liff. pan pou shake to

heven bothe bodie and sowle, even as pou arte here?

The sinful must amend their lives before death. while mercy is available. According to the

sermons. great wrath will be suffered by the wicked on the Day of Judgement. and the

damned would rather be in hell for eternity than have to look into the judge's face. A

Lollard sermon-writer reminds the audience that at Doomsday God "...schal come rialli in

gret power and mageste to deme alle men 'wipouten acceptynge of persones' after pei han

deserued: pe goode to ioie. pe euele to peyne."35 God will appear in glory, and worldly

status will mean nothing at the final judgement. Again, the judgement will depend upon

what one has merited. People are advised that Judgement Day will be dreadful for several

reasons:

in pe apperynge of pe iuge: in pe si3te of hem pat shuI1en be aboute: and in

sentence of pe Doom. For pe firste. pe iuge schal appere mi3tili ... Also, he

sc hal appere iustli, for he schal be iuste pat day to alle men. For pat day

ri3twisnesse schal appere and merci schal in parte be hid, for he schal deme

eueri man afftur he hap deserued.3"

God. the omnipotent just judge, will dispense justice to all; the only individuals who will be

saved will be those who through their actions have merited mercy. The congregation or

3 4 Middle English Sermons, p. 113, Sermon 7, 11. 19-25 & 32-36.

35 Lollard Sermons, p. 2, First Sunday of Advent, 11. 57-59.

36 Lollard Sermons, p. 28. Second Sunday of Advent, 11.643-650.

reader is also warned that unlike earthly judgements which may be reversed. God's final

judgement at Doomsday will not be reversible. It is not surprising that with such

descriptions of God in the Bible and in sermons, God was regularly pictured as a "chefe-

iustice, sittyng in his mapste all this worlde dernyng?'

c ) Views of Good Judges - Biblical

In his introduction to the facsimile of the 1599 edition of the Geneva Bible, Michael

H. Brown writes:

In the 16th century, the Bible was not just a spiritual guide, it was a legal

document. The word "argument" used before the chapters is even used

today by attorneys on motions and briefs. This is further illustrated by the

admonishment to study and obey God's statutes and judgements.38

There are several verses in the Bible that indicate what kind of person should be a judge. or

how one should judge. In Exodus, Moses has a conversation with his father-in-law,

Jethro. who tells him that because Moses has so much work to do, he does not have time

to continue to judge all matters. Jethro advises Moses to appoint others to assist him in

37 MS. Linc. Cath. Libr. A. 6. 2, Fol. 82b. quoted in G.R. Owst, Literature and Pulpit in Medieval England (Oxford: Basil Blackwell, 1966). p. 1 16.

38 The Geneva Bible (Facsimile of the 1599 edition with undated Sternhold and Hopkins Psalms, ed. William Whittingham?), intro. by Michael H. Brown (Buena Park, CA: The Geneva Publishing Company, 1990). Introduction, p. iii. All remaining biblical quotations in this chapter, concerning both good and bad judges, are from this edition. The Geneva Bible, from its first English edition in 1560, was the principal vernacular bible for English Protestants until 16 1 1, when the King James Bible was issued. The majority of the non-divine judges are found in plays that date from this later period.

judging the people: "Moreouer, prouide thou among all the people men of courage, Fearing

God, men dealing truly, hating couetousnesse: ... And let them iudge the people at all

sea~ons."3~ A judge must have courage not to be intimidated by either party in a dispute.

If judges fear God. they will consider what God would want when sitting in judgement.

Having integrity and hating covetousness would prevent judges from accepting bribes. In

Leviticus 19: 15. while instructing Moses. God says. "Ye shall not doe unjustly in

judgement: Thou shalt not favour the person of the poore, nor honour the person of the

rnightie. but thou shalt judge thy neighbour justly." Although the Bible does state

elsewhere (e.g. Psalm 82) that the poor are to be protected. it is clear that neither the poor

nor the great should receive preferential treatment in judgement. Moses stresses the idea of

impartial judgement when he instructs the people in Deuteronomy 1: 17:

iudge righteously betweene euery man and his brother, and the stranger

(that) is with him. Ye shall haue no respect of person in iudgement. but

shall heare the small as well as the great: ye shall not feare the face of man:

for the iudgement is Gods.

In addition to not favouring the poor or the great. the Bible advises that in judgement one

should not favour those one knows over those who are strangers. Importantly, it is

emphasized that the judgement is God's, thus a judge performs God's work. and should

listen to God and not fear earthly reprisals. Proverbs 2423 also states that one should not

show partiality in judgement: "these things perteine to the wise, it is not good to haue

respect of any person in iugement." Overall, these writings identify a lack of partiality, a

lack of covetousness. and keeping God in mindM as the qualities of a good judge. In

Matthew 7: 1-5. Jesus delivers a criticism of hypocritical judgement which applies not only

to judges. but to humanity as a whole.

Iudge not. that ye be not iudged. For with what iudgement ye iudge, ye

shall be iudged. and with what measure ye mete. it shalbe measured vnto

you againe. And why sees thou the mote. that is in thy brothers eye, and

perceivest not the beame that is in thine owne eye:' Hypocrite, t - i t cast the

kame out of thine owne eye. and then shalt thou see clearlie to cast out the

mote of thy brothers eye?'

The marginalia explain that by these words Jesus means not that people cannot act as

judges, rather that judges should not be hypocritical and that judgements should not be

made out of hatred.42 Signiticantly. Jesus reminds individuals who sit in judgement that

one day they too shall be judged and that they should therefore judge carefully.

d) Views of Good Judges - Sermons

As discussed earlier. the Day of Doom and God's final judgement of humanity

make frequent appearances in the sermons. but the thoughts of the sermon-writers also

As will be seen in Chapter IV and V, partiality. covetousness, and failing to keep God in one's mind are among the failings of the dramatic bad judges.

-H A version very similar to this is found in Luke 6:41-42.

" The concern with hypocritical judgement will be discussed later in this chapter, in the quotations of Plato and Home, and particularly in Chapter V. in the cases of the characters Promos (Prornos and Cassandra) and Angelo (Measure for Measure).

turn to human judges and judgements. Sermon-writers provide some advice to teach one

how to be a good judge. A Wycliffite sermon-writer explains how Jesus sets an example

of proper judgement:

But Crist seip heere sopely pat his iugement is iust. for he sekip not his

wille but pe wille of hym pat sente hym ... And. jif pis were pe hed poynt in

iugement of sich men. to loke pat per iugement were trewe and to pe profit

ofpe chirche. and ellis leeue pis iugement contrarye to Goddis wille. panne

per iugement shulde be iust and Goddis lawe haue his c o u r ~ . ~ ~

If judges. like Jesus. keep God in mind. in judgement they will be just and will serve God's

will. In the Royal 18 B. xxiii collection. a sermon-writer states that humans may properly

judge one another. keeping God in mind: "But a ryghtwis dome men may deme with drede

and Ioue of God. for Crist biddep and pi bropur trespase a3eyns. first, he sais. reforme

hym be-twex pe and hyrn."u Not only are people allowed to judge, they are expected to

do so. Correction now could prevent a life of wickedness followed by an unfortunate end

at Doomsday when all will face the Divine Judge. In providing justice. there is mercy. A

Lollard sermon-writer states that accurate judgement is one of God's commands:

The secounde word of Cristjorbedyrh fool iugement. And resoun of pis

stondeth herynne pat God may not iuge folily ony man; and so, as oure

wille hap nede to be clopid wip mercy. so owe vndurstondyng hap nede to

43 English Wvcliffite Sermons, Vol. 3, p. 94, Sermon 35.11. 5-6 & 13-17. The biblical quotation to which the sermon-writer refers is John 530.

Middle English Sermons, p. 122, Sermon 2 1. 11. 13- 15.

haue ri3t iugement. For many men wenen to be merciful to ypocrites, and

pei don harm to men ... man schulde tempre such iugement aftyr God. for

God in his iupment may not faylen fro resoun.45

One should judge as God would judge. Significantly. despite agreeing that mercy is

important. the sermon-writer warns against misplaced mercy, which does more harm than

good. Mercy. as another sermon-writer explains. does not necessarily mean acquittal.

And so by pis iuste mercy schulde men som tyme fonyuen. and som tyrne

schulde pei punysche -- but euere by resoun of mercy. pe resoun of mercy

stondip in Pis: pat men mysten do cruelly pei don iustly for Godis sake to

amendment of men. And so men may mercyfully reproue men and

punyschen hem. and take of hem per iuste dettis for beturyng of pese

detowres. On pis maner dop God pat is ful of mercy. and seip pat he

reprouep and chastisup his wantowne children pat he 10uep.~6

As in the earlier quotation. in this passage justice and mercy are blended, for justice

directed by the desire to obtain ultimate salvation for the sinful person may be considered

mercy. Judgements must be made with the aim of correction. This view of justice will be

seen in several plays in Chapter m. Importantly. in order to judge, one must be free of sin:

Also it nedys pe demere of opur mens synnes for to be clene in is own

sowle ... Lat hym deme of opur mens synnes pat fyndep no syne in hym-

selfe where-of he may deme hym-selfe. Lat hyrn deme of opur mens

synnes pat dop not pe same synne hym-selfe where-of pat he demep opur,

45 Enelish Wvcliffite Sermons, Vol. I , p. 337, Sermon 4, 11. 32-40.

Endish Wvcliffite Sermons, Vol. 1, p. 3 1 1. Sermon 22.11. 5 1-58.

ne in case he demep of opur. in pat he demep a3eyns hym-selfe.47

Being free from sin applies not only to judges in secular courts, but also to judges in

ecclesiastical courts: "herfore. iustisis of ech lawe shulden be ri3twes and clene of lif, for

God mut reule men of pe lawe. hou pey shulen iuge in ech c a a ~ . " ~ ~ Judges must avoid

hypocrisy in judgement. A later sermon, from the reign of Elizabeth I. stresses judges'

divine connection by saying that judges and magistrates. "doe exercise GODS roome in

iudgement. and punishing by good and godly la we^."^^ Although the purpose of this

sermon is to stress obedience to the crown, it does briefly discuss judges as one form of

divine authority. connecting judges with God. The words confirm the appropriateness of

punishment. particularly in the case of disobedience to God. or one of God's earthly

deputies. The sermons urge that judges should keep God's will in mind, live cleanly, and

judge with the end of correcting law-breakers.

e ) Views of Bad Judges - Biblical

Judicial impropriety is a concern in the Bible. The first and second verses of Psalm

82 show God addressing a body: "God standeth in the assembly of gods: hee judgeth

Middle Enelish Sermons, p. 190 & 19 1, Sermon 35. 11. 3 1-32 & 11. 1-5. Promos (Promos and Cassandra) and Angelo (Measure for Measure) are examples of judges who are guilty of the same crime (i-e.. sin) for which they sentence another.

English Wycliffite Sermons, Vol. 3, ed. Anne Hudson (Oxford: Clarendon Press, 1989), p. 126, Sermon 164.11. 32-33.

49 Cenaine Sermons or Homilies Appointed to be Read in Churches in the Time of Queen Elizabeth I (1547-157 1) Facsimile of 1623 ed., Intro. M.E. Rickey & T.B. Stroup (Gainesville. FL: Scholars' Facsimiles and Reprints. 1968). p. 7 1.

among gods I How long will ye iudge uniustly, and accept the persons of the wicked?"50

In the first verse, a marginal note before the first occurrence of the word "gods" reads:

"The Prophet sheweth. that if princes and iuges do not their duties, God whose authoritie is

above them. will take vengeance on them." In the second verse. a marginal note before the

word "wicked" reads: "For thieves and merderers finde favour in iudgement, when the

cause of the godly cannot be heard." Not only does the psalmist show God pinpointing

two failings of judges. that is. judging unjustly and favouring evil-does: at the same time.

the psalmist associates judges with God. and the marginal note associates judges with

rulers. According to the psalmist. human judges are to be the earthly counterparts of God

in judgement, but the marginalia indicate that human judges frequently are poor stand-ins

for the Divine judge. The judges' divine connection, as will be seen further, was active in

the minds of writers of both the medieval and Tudor periods.

t') Views of Bad Judges - Sermons

Bad judges and their actions are also topics of concern for sermon-writers. In the

Royal 18 B. xxiii collection, one finds that (as will be seen shortly in the writings of Plato

and Home) one requirement for a judge is unsullied personal morality, i-e., "Also it nedys

pe demere of opur mens synnes for to be clene in his own sowle. for as pou seest well, a

man with skabbed hondes shall not clense a-nopun eyn."51 A sermon-writer says

50 The Geneva Bible, Psalm 82, p. 17. The marginalia quoted in this paragraph are also from this page.

51 Middle English Sermons, p. 190, Sermon 35,ll. 3 1-33. This idea is also found in the Bible, i.e., Matthew 7:3-5

regarding malicious human judgements, "all evil1 demyng cornrnep of envie."52 Unlike

God's. the judgements of "fals men" are caused "be herynge of envious men ... by mens

lokynge ... by sight."53 Corrupt worldly judges judge by envy and by appearance. The

sermon goes on:

And many pat bep domesmen both in temperall and spiritudl. full foiey

pei will deme and iustifie be sley3thes. for mede of pe falser cause. Ande

suche God acursep ... woo to you pat for 3iftes iustifie Pe wicked man and

done avey Pe ryght-wisnes fro pe ryghtwis man." And per-for all men

shuld dred Crist. Pe ryghtful domesman ... And opur fals domes goon for

golde and jeftes. and trewthe is fonakon?

In this sermon. as will be seen in a later passage from Piers Plowman, judges in both

secular and ecclesiastical courts are accused of taking bribes to support the wicked. and

they are warned that they will be cursed by God for such actions. Judges are told to

remember Christ. who is a righteous judge. Also in this sermon. covetousness makes its

appearance in the company of envy. The idea that judges may be swayed out of greed is

not exclusive to the orthodox Catholic sermons, but can also be found in Lollard sermons:

And of Pis blyndenesse comep pe pridde biyndeness: pat is. of demynge.

And Pis bope in seculer iugis and in chirchis whanne pei, for any presauntis

5' Middle English Sermons, p. 12 1. Sermon 2 1, l . 29. The subject of this sermon is "Nolite ante tempus iudicare." from 1 Corinthans 45. The sermon frequently criticizes the poor judgement of judges and of humanity as a whole.

53 Middle English Sermons, pp. 12 1 - 122. Sermon 2 1, 11. 33-35.

S4 Middle English Sermons, p. 122. Sermon 21,ll. 27-37.

or mede. wolen not see to pe ri3t. but deme after wronge and dredep not

h i a x God. as it is seide in olde prouerbe: "Pocre> be hangid bi pe necke;

a riche man bci pe> purs." Of pis blyndenesse spekep pe Wise Man (Ecci.

20 [3 11) seyinge pus: Exenia et dona execant oculos iudicum. pat is:

'Presauntis and 3iftes blynden pe i-jen of iugis?

According to this sermon-writer. both secular and ecclesiastical judges are guilty of

accepting bribes. An additional concern for this writer is that judges should keep God's

will in mind. Another Lollard sermon presents an additional reason for false judgement to

those mentioned above: "for men faylen in iugement for coueytise of worldly godis and

personel affeccions. and leeuying to loke to Goddis ~ i l l e . " ~ ~ Bad judges thus base

judgements on vice and personal affection, and they fail to keep God in mind.

*.

tt. Literary and Philosophical Material

a) Views of Good Judges

5' Lollard Sermons, p. 1 15, Quinquagesima Sunday Sermon, ii. 358-357. This quotation referring to presents blinding the eyes of judges is the same as that used by Judge Daniel in Nice Wanton, discussed in Chapter III.

s6 English Wycliffite Sermons, Vol. 3, p. 94, Sennon 156, 11. 1 1-13.

Ari~ to t l e~~ has a high opinion of the role of the judge. In the Nichomachean

Ethics. he asserts. "a good judge without qualification is one who is educated in every

subject."j8 A broad knowledge base cannot but help in proper judgement. Aristotle also

discusses the function of a judge:

the judge tries to equalize: for when one man receives and the other inflicts a

wound, or when one man kills and the other is killed. the suffering and the

action are distinguished as unequals. but the judge tries to equalize the two

by means of a penalty which removes the gain of the assailant.59

The function of a judge is to compensate for a wrong in order to restore equality. Partiality

is indirectly criticized. for if one were to favour an assailant. an even greater inequality

would result. As for the judge, Aristotle states. "...to go to a judge is to go to what is just.

for a judge tends to be something which is just and has a soul."60 The statement is akin to

seeing a judge as Justice personified. an individual with flawless understanding and

discernment. The qualifier "tends" is used. for clearly not all judges merit such an elevated

status. Aristotle further explains what he means by "just":

57 "Aristotle's writings were consistently a factor in molding the intellectual life of the Middle Ages. and even as the medieval period came to an end, Aristotelianism was still a dominant philosophy in western Europe. This dominance continued throughout the sixteenth century, when the Greek commentators on Aristotle were ti111 translated into Latin and all the riches of the text ... were placed at the disposal of scholars" (Dictionary of the Middle Ages, Vol. 1, gen. ed. Joseph R. Strayer [New York: Charles Scribner's Sons, 19821, p. 468).

Aristotle, Selected Works, trans. Hippocrates G. Apostle and Lloyd P. Gerson (Grimell, IA: The Peripatetic Press, 1982), Nichomachean Ethics, I,i, 1095a.

59 Nichomachean Ethics, V, vii, 1 132a.

60 Nichomachean Ethics, V, vii, 1 13%.

The unjust man is thought to be (a) the lawbreaker, but he is also thought to

be (b) the grasping or unfair man: so clearly the just man will be the law-

abiding man or the fair man. Hence "the just" means that which is lawful or

that which is fair..?'

By association. a judge. one who is "just" should neither be a criminal. nor greedy, nor

unfair. Aristotle further states:

And for the same reason justice alone of virtues. by affecting others, is

thought to be another's good; for the just man acts for what is expedient for

someone else. whether for a ruler or a member of the community ...

Accordingly, this kind of justice is not a part of virtue but the whole virtue,

and injustice, which is contrary. is not a part of vice. but the whole of

vice .6'

Judges should act not for themselves or for their own gain. but for the benefit of others.

Justice, that which a judge embodies, is the highest possible virtue in Aristotle's value

system and the judge has the highest position in Aristotle's idea of what constitutes the just

government of a state.

John of Salisbury. a 12th century philosopher, refers to judges in his Policraticus.

He writes:

The qualifications of a judge should be knowledge of the law, strength of

mind. and incorruptibility. He must be bound by oath to administer the law

61 Nichomachem Ethics, V, ii, 1 12%- 1 12%.

6z Nichomachean Ethics, V, iii, 1130a. As will be seen in Chapter V, the bad judges of the Worldly/Cormpt, Tyrant, and Vice types, may be considered "the whole of vice," for they act according to their own agendas, and for their own benefit.

faithfully and rightly, unaffected by the claims of friendship or the need for

haste. He must keep his temper and hide his emotions with an impassive

face.63

In addition to the essential mental attributes (knowledge and strength of mind) and ethical

attributes (incorruptibility), John adds the need to know the law. without which one cannot

judge correctly. He also includes the need for patience and evenness: such attributes would

prevent a judge from purposefully or inadvertently cutting evidence short. or acting rashly

through anger.

Although Andrew Home's work. The Mirror of Justices, does not appear to have

been copied. or even read to any extent during his lifetime." it was "...resuscitated as an

authority in our law in the latter part of the sixteenth century when English lawyers began

to look back upon books ... that had given something like a scientific form to masses of

rules."hj The book provides an interesting look at aspects of the English legal system,

often from Home's personal point of view. Home is believed to have been a London

a John of Salisbury, Policraticus, quoted in E.F. Jacob. "John of Salisbury and the Policmticrrs", pp. 53-85 in The Social and Political Ideas of Some Great Medieval Thinkers, ed. F.J.C. Hearnshaw (New York: Barnes & Noble, Inc.. 1923; rpt. 1967), p. 72,

Frederic William Maitland. introduction to The Mirror of Justices, by Andrew Home. ed. and trans. by William Joseph Whittaker. in The Publications of the Selden Societv, Vol. 7 (London: Bernard Quaritch, 1895). p. xii. According to Maitland, the copy willed by Home to the Guildhall is unique.

65 Percy H. Winfield, The Chief Sources of English Legal History (New York: Burt Franklin, 1925), p. 267. The statement is suggestive of the development of the legal profession into something to be formally studied and of a desire to determine what sort of qualifications those in the legal profession should have.

fishmonger who was a member of a civic-oriented family and who died in 1328.66 In the

work. written in French in the early ye= of the fourteenth century, Home tells that when

he was falsely imprisoned, he occupied himself by studying judicial rolls.67 Home refers

to Old and New Testarnent precedents and to Glanville (though he does not specifically

quote from his work). and he invents stories. The five books of the work are: I) Sins

Against Holy Peace: 11) Of Actions: III) Of Exceptions: IV) Of Judgements: V) Of

Abuses. In addition to making criticisms, Home provides some positive advice. In "Of

Judgements." Home states that judgements are to be pronounced:

... ne sunt mie en tuz poinz ici solom la reddour del veil testament ...

einz isunt solom rnitigacion e la temprure de grace e de verite de mercie e

de dreit. qe dieu memes usa en terre e comanda de user el nouvel

testament .68

In this statement, Home makes reference to the idea of the four daughters of God, stresses

the importance of balance. and urges following God's direction. Despite advocating

bdance. however, Home's opinions lean toward rigour. especially in the case of bad

judgement. He comments that judges should "appent des torcenouses jugemenz e les tom

The Mirror of Justices, p. xii.

67 The Mirror of Justices, p. 2.

6s The Mirror of Justices, p. 12 1. "Not altogether according to the rigour of the Old Testarnent ... but with mitigation and temperament of grace and truth, of mercy and right, such as God Himself used upon earth, and in the New Testament commanded to be used." The book is presented with facing text on each page: the original French on the left and Whittaker's translation on the right The page notations are therefore identical for the French quoted in the body of the thesis, and these translations included in the footnotes.

e Ies erroun dautres justices redrescer e PUN ..."69 This statement takes Aristotle's idea of

equalization a step W e r , in that the equalization can take place after a previous imbalance

has occurred, that of a judge making an incorrect decision in a case. In one sense this is a

positive note, in that it expresses a hope that justice can occur even after judicial error or

impropriety, but the statement also adds the dimension of punishment to that of

equalization. Home clearly believes that individuals should suffer for wrongdoing. not

only make repantion. If his statement claiming false imprisonment is true, it would easily

explain his concern that judgements be accurate and erring judges be punished.

William Langland's spiritual allegory Piers Plowman states that there will be a

reward for all those in the legal profession who act justly. In Passus VTI, Pien the

Plowman's Pardon. after criticizing justices and jurors for being more willing to assist

friends than act as God would want, he says:

Ac he pat spendep his speche and spekep for pe pouere

That is Innocent and nedy and no man apeirep,

Confortep hym in pat caas, [coueitep no3t hise] 3ifies,

[Ac] for oure Iordes lout: [Iawe for hym shewep],

Shal no deuel at his deep day deren hym a myte

That he ne worp s a d [sikerly]; pe Sauter berep witnesse:

Domine. quis hnbitabit in tnbernacu lo t ~ t o . ~ ~

69 The Mirror of Justices, p. 124. "...to redress the wrongful judgements, the wrongs and errors of other judges, and to punish them ..."

70 William Langland. Piers Plowman: The B Version. Revised edition by George Kane & E. Talbot Donaldson (London: The Athlone Press & Berkeley: University of California Press, 1988), VII, 11.47-53.

The words provide an indirect warning to those in the legal profession who take bribes and

do not assist the poor. The passage does not suggest favouring the poor: rather, it asks

those in the legal profession to assist those who need representation and to equip them with

proper knowledge so that they will not be at an unfair disadvantage in court. The reward

for such behaviour is a quiet death, untroubled by devils, and ultimate salvation.

The 1506 work The Boke of Justices of Peas contains an abridgement of statutes

from earlier reigns concerning Justices of the Peace?' The first item in the book, a statute

from the reign of Edward III. notes what sort of people may be justices: "Well dysposed

men & lawfull that ben not meyntenours of quarelles sholde be Justyces of the pease."72

Justices should not be involved in criminal activity themselves. Such a restriction could

suggest a concern about the hypocrisy of criminals judging other criminals, and/or a

concern that justice could not occur when the judge is corrupt. From the reign of Richard

11, comes the following: "Justyces of peas shall be sworne truly to execute theyr offyce and

to put in execucyon all statutes and ordynaunces towchinge theyr 0ffices."~3 Justices are

7 1 In 1327, Justices of the Peace were appointed in each county to keep records of allegations of crime and to arrest and imprison suspects: in 1328, they were empowered to punish offenders (L.B. Curzon, English Legal Histow [London: MacDonald & Evans Ltd., 19681, p. 209.). In 1495, they were permitted to punish offenders without formal indictment by a grand jury (M.H. Ogilvie, Historical Introduction to Legal Studies [Toronto: The Carswell Company Limited, 19821, p. 189.).

72 The Boke of Justices of Peas 1506, ed. P.R. Glazebrook (London: Prof. Books Ltd.. 1972), [p. 11.

73 The Boke of Justices of Peas 1506, [p. 21.

expected to do their duty thoroughly, and in an honest fashion.74

Among the stories in the mid-fifteenth century book of allegorical tales, Jacob's

Well, is that of a good judge. The author uses elements found elsewhere in ihe background

material when describing the merits of the judge. He writes that the man was:

a gret iustyse & my3ty man in his dome, & eueremore in his dome did

equite to all men, to freend & foo. to kyn & to straungerys. he sparyd no

persone for loue. ne dreed ne for wrethe. but pat in his demyng he dyde

equite.75

The justice clearly possesses desirable qualities, in that he is fair and impartial, and not

swayed by emotions. To illustrate the justice's excellence, the author tells how. as the

elderly man lies dying, he hears a woman crying, and asks those attending him what is

wrong. When no one will speak, he orders his son to investigate, and the son reports that

the judge's own nephew had attempted to rape the woman. Rather than show partiality and

excuse the actions of his kinsman, the judge orders that two knights "goth & hangyth hym

for his trespace, as pe Iawe ~ y 1 1 . " ~ ~ The two knights do not carry out the law's sentence

. -. .. -

74 It could be potentially difficult to keep the Justices of the Peace honest, since they undertook their duties without payment from the state (Historical Introduction to Legal Studies, p. 138). Likewise, they were not dependent upon court fees (Sir Thomas Skyrme, History of the Justices of the Peace, Vol. 1 [Chichester: Barry Rose, 19911, p. 107). Being unpaid, it is possible that other methods would be sought to make one's effort worthwhile, such as accepting bribes. In fact, records ofjudges' charges to assize juries indicate that the judges often criticized the justices for failing to do their jobs, and occasionally for corruption. There was an impression that justices in some cases created, rather than suppressed, lawlessness. (History of the Justices of the Peace, Vol. 1, p. 176.)

75 Jacob's Well, Part I, ed. Arthur Brandeis (London: Kegan, Paul, Trench, Triibner and Co., Ltd., 1900), p. 95,Il. 23-27.

76 Jacob's Well, p. 96, 11. 2-3.

against the young man: rather, they tell him to stay away from his uncle, in the belief that

either the old man will die, or he will soon forget the execution order. The pair then Lie to

the judge, stating that they have done as he had ordered. Days later, the young man visits

his uncle, and the uncle asks him to come to sit by him, and then slits his throat. The

people are amazed. and when the Bishop anives to perform last rights for the judge, he is

equally astounded that the judge does not confess the killing during his last confession.

The judge explains his position:

pat was no synne, & perfore I aske no mercy; for I dede it no3t for wretthe

& vengeaunce. but I did it for equite of ryghtfdl demying, whiche I haue

kept in my doom all my lyve to freend & fo: for I louyd my neve as wee1 as

ony of my kyn, but. be equite of my law & of myn offyce, I rny3te no3t

sparyn hyrn: wherfore I bad my two kny3tes h'mgyn hym. & pey wolde

no3t; & perfore I slowe him myself, for loue of equite in my dome, & noj t

for hate ... for ryght of pe lawe, & for dreed of god?

The justice explains that he had judged fairly and impartially. Further. the judge's words

indicate that he knows that he will one day be judged by God. So. maintaining his sense of

righteousness to the end. the justice refuses to confess, and commends his soul to God.

The Bishop, considering him to be in a state of sin, leaves without administering the

sacrament to him. As soon as the Bishop has departed, however, the judge calls him back

to his bedside and reveals that the Host has miraculously transported itself from the

Bishop's box to the judge's mouth, in spite of the Bishop's desires. God, like a judge in a

superior court, has upheld the ruling of the courageous, righteous justice, and con fmed

77 Jacob's Well, p. 96, 11. 16-23 & 27-8.

that the killing was a just execution. not a murder. The judge has rightfully protected an

innocent. defenseless person and punished the guilty. Importantly. the story shows

through the reactions of those around the judge that the majority's opinion of what

constitutes justice may not be the same as God's, and therefore one ought to keep God's

will in mind in order to judge accurately.

In his Introduction to the 1559 edition of The Mirrour for Magistrates, William

Baldwin refers to the lofty status of kings and judges:

For as Iustice is the chief vertue, so is the ministracion therof, the chiefest

office: & therfore hath God established it with the chiefest name. honoring

& calling Kings, & all officers vnder them by his owne name, Gods. Ye

be all Gods, as many as have in your charge any ministracion of I u ~ t i c e . ~ ~

Justice. not mercy. is Baldwin's chief virtue and in view of the stories of the corrupt

magistrdtes in his book. it is the most appropriate. As stressed earlier. judges are to

administer justice as counterparts of God. Such a statement is a clear indication that judges

should be godly and keep God's will in mind.

Henry Smith based his 159 1 work "The Magistrates' Scripture" on two verses of

the eighty-second psalm, i.e., "I have said. Ye are gods, and ye all are children of the Most

High. But ye shall die as a man, and ye princes shall die like others." He speaks of judges'

divine connection, as, for example, does Baldwin, and he connects judges with God by

means of the text chosen as his theme and the title chosen for his work. Smith writes:

This God requires of all when he calls them gods, to rule as he would rule,

78 William Baldwin, Introduction. Mirrour for Magistrates, ed. Lily B. Campbell (Cambridge: Cambridge University Press. 1938. Rpt., New York: Barnes and Noble, Inc., 1960), p. 65,11.43-47.

judge as he would judge, correct as he would correct, reward as he would

reward. because. it is said, that they are instead of the Lord God ... so they

should think how Christ would judge before they judge ... and rule, and

judge, and speak, and punish, and counsel, as he (Christ) would for

himself.79

Judges are the counterparts of God, and are expected to follow God's will in judgement

with respect to punishment and reward. Smith asserts that the association with God dso

has the purpose of empowering judges:

to encourage them in their office, and to teach them that they need not dread

the persons of men; but as God doth that which is just and good without

jealousy of men. so they, upon the bench, and in all causes of justice, should

forget themselves to be men, which are led by the arms between favour and

fear, and think themselves gods. which fear nothing. This boldness is so

necessary in them which should judge d l

According to Smith, by remembering their divine connection, judges may be free of fear of

threats and may judge impartially. Smith also reminds judges that all those who will take

on the role of judge or magistrate must be godly themselves. or they are without honour,

are a disgrace to God, and so will be brought down by God. Judges, too, will be judged.

79 Henry Smith, "The Magistrates' Scripture," pp. 357-370, in The Works of Henry Smith, Vol. I , ed. Thomas Fuller (Edinburgh: James Nichol. 1866). p. 360.

'The Magistrates' Scripture," p. 361.

As will be seen in Chapter [V and V. non-biblicalgl bad judges are all brought down by the

sovereign of the land (i.e., God's deputy) or by some person or allegorical figure strongly

connected with God.

From a period slightly later than the plays to be discussed is the 1607 charge from

the bench by Lord Coke?' Coke opens his speech with an exordium in which he tells the

story of a young Roman who became a judge. The well-reputed young man had spent his

youth in reading and studying letters, and so the Senate decided to appoint him judge.

Clearly for Coke as for Aristotle. well-rounded knowledge is invaluable in a judge.

However, the young man feels himself unfit for such a position. and is also concerned that

he may be partial to friends and gain enemies. He speaks to a wise old noble, who tells

him to accept the position and explains what it means to be a judge:

... he that is Iudge ((De finet esse Amicus) ceaseth to be a friend: for in the

manner of iudgement, no acquaintance. no griefes. no friends, no

remembrance of fore-passed present. or hope of future friendship must

direct the thoughts of him that is a Iudge. All that on iudgements seat is

done, must be, because iustice commands the doing thereof, and that with

8' The qualification "non-biblical" is used because the ends of the biblical bad judges, i.e.. Annas, Caiaphas, Herod and Pilate, are neither shown in the Bible nor invented for the dramas. It may be assumed that they would go to hell, and in staging. could be represented among the nameless souls at Doomsday, thus creating a connection between action and consequences. to stress their wickedness. and once again to contrast their corruption with the perfection of the divine judge.

8' Though slightly later than the last play to be discussed in this thesis (Measure for Measure, 1604), this work is being used because Coke undertook his legal studies and began his career during the period of the plays, and he is an important figure in English legal history.

no other affection, but only because it is just.83

A judge should not remember friends or enemies. but regard justice: doing this will

prevent partiality. The young man agrees to accept the position, and promises: "onely in

the person of a Iudge. with respect to keep my conscience cleare, I must with ecpitie and

uprightnes, iustly administer iustice unto you The exordium stresses that judges

must have a clear conscience, be learned. be personally upright, and make equitable

judgernent~.~5

b) Views of Bad Judges

In The Republic, Platod6 discusses what son of penon should be a judge. He uses

the word dikastEs, that is a member of a jury panel. which was often a very large group of

83 Edward Coke. The Lord Coke - His Speech and Charge with a Discouerie of the Abuses and Corruption of Officers (London 16071 (London: Printed for N. Butter. 1607: rpt. New York: Da Capo Press Inc.. 1972). pp. 9- 10.

KJ The Lord Coke - His Speech and Charge ..., p. 1 1.

X5 Coke concludes that he will do as the young Roman did. His assertion can be considered somewhat hypocritical, considering his reputation as "one of the most brutal and unscrupulous prosecutors in English legal history." (Craig A. Bernthal. "Staging Justice: James I and the Trial Scenes of Measure for Measure," Studies in English Literature 1500- l9OO,47.2 [Spring 19921. p. 248). Nonetheless, the young Roman judge may be looked at as an ideal, as the good judges in the plays are ideals.

86 "The philosophy of Plato ... transmitted both directly and indirectly, had a powerful effect upon the intellectual and cultural life of the Middle Ages." Although one of the earliest translations of The Republic into Latin dates from only approximately 1 1 15, Plato's writings and opinions were preserved in testimonia and summaries in the writings of Latin authors such as Cicero, Seneca. Apuleius. Macrobius, St. Augustine, and Martianus Capella. (Dictionary of the Middle Apes, Vol. 9, gen. ed. Joseph R. Strayer [New York: Charles Scribner's Sons, 19871, pp. 694,698 & 700.)

men who combined the duties of judge and jury, in that they decided guilt or innocence, as

well as penalty.g7 Due to the dikasti?sl judicial function. it is not inappropriate to examine

what is said about such individuals in relation to historical views of the judge. Plato writes:

As for the judge [i-e., dikastesj, my friend. it is with his soul that he rules

over another soul, and it is not possible for a soul to be nurtured among evil

souls, associate with them, indulge itself in all kinds of wrongdoing, and

come through in the end so as to be able to judge other people's crimes

from its own experience as it can with physical diseases. It must itself

remain pure and without experience of vice when it is young, if it is to be

beautiful and good itself and have a healthy judgement of just actions ...( A)

good judge must not be a young but an old man, who has learned late the

nature of injustice. He cannot recognize it as anything of his own. he must

have studied it as something alien. present in other people. It is only after a

long time that he fully recognizes its nature. intellectually. and not from his

own experience38

Plato is not commenting on the evils of hypocrisy; rather. he is referring to the learned

ability to see evil for what it is, after lengthy, detached observation. In Plato's view. one

who exhibits bad behaviour would not be able to see bad behaviour in others for what it is,

and thus would be unable to judge. "Wickedness could never know either iiself or

virtue."89 Plato goes on to describe the person who would make a poor judge:

87 Plato. The Republic, trans. G.M.A. Grube (Indianapolis, IN: Hackett Publishing Company, 1974). p. 77, note #33.

88 The Republic. Book III, 409a.

The Republic, Book III, 40%.

That other character. the clever and suspicious one who has committed

many wrongs himself. the rascal who thinks himself wise. appears clever in

the company of his like because of his caution and because he refen things

to a model within himself, but when he meets with good. older people, he is

seen to be foolish, distrustful at the wrong time, and ignorant of moral

health. as he has no model within himself.90

The judge is not a poor judge because he actively dispenses prejudicial judgement to one

party or another, or displays greed in accepting bribes: rather. he is unconsciously a poor

judge. incapable of correct moral or legal judgement. Plato's idea that a judge must be

personally free of vice is also found in medieval md Tudor England. as will be seen later in

this chapter.

In responding to Question ninety-five in the Treatise on Law portion of his Summa

Theolo~iae, St. Thomas Aquinas writes:

As the Philosopher says (Rhet. i, I) "It is better that all things be regulated

by law rather than be left to the discretion of judges" and this for three

reasons.

First. because it is easier to find a few wise men competent to make right

laws than to find the many that would be necessary to judge aright in each

single case ...

Thirdly. because lawgivers judge in general and about future events,

whereas those who sit in judgement judge of present matters toward which

they are affected by love or hatred or some greed, and so their judgement is

The Republic, Book III, 409d.

perverted? 1

St. Thomas not only makes the natural observation that wisdom is not a common

commodity in humanity, but also pinpoints mitigating factors which. since judges are

human, may adversely affect their judgement. These factors include emotion. personal

feeling (i-e.. partiality) and vice. specifically greed.

In The Mirror of Justices, Andrew Home refers to himself as a "persecutor de faus

j ~ g e s . " ~ ~ As mentioned earlier. Home states that he had been falsely imprisoned; such an

event could clearly motivate his desire to attack bad judges. In the section "Of Actions,"

Home lists who may not be a judge. stating that all except those forbidden by law may be

one. Among those who may not be judges are found: "...serfs...ne atteinz de faus

jugement ne poient rnie estre juges. ne infames, ne nu1 demeins de age de xxj anz ... ne

atturnez ... ne parties es plez, ne escomengez de evesqe ne h o m e ~riminal."~3 Home

further clarifies which people are mong "the infamous" in the section "Of Judgement":

"Touz ceux qi loialrnent sunt atteinz de pecchie dunt corporele pine sunt, sunt infames.

Infames sunt touz ceux qi pecchent mortelement ou felonessement: tuz ceuz qi se pe jurent

- - - -

9 1 St. Thomas Aquinas. Summa Theologiae. I-II: qq. 90-97 The Treatise on Law, ed. and trans. R.J. Henle, S.J. (Notre Dame, IN: University of Notre Dame Press, 1993), pp. 278-279. The second reason is of less use to this discussion, referring to the fact that a very long time can be taken to make a law, while less time may be taken to render a verdict.

92 The Mirror of Justices, p. 2. "persecutor of false judges."

93 The Mirror of Justices, p. 44. "...serf's...those attainted for false judgement, infamous persons, those under the age of twenty-one ... attorneys ... the parties to the plea, those excommunicated by a bishop, nor criminal persons."

en faus testrnoignage; ruz jam juges ..."94 (my emphasis) Home identifies the corrupt on

both sides of the bench. The fact that serfs cannot be judges speaks of the high status of

the position of judge. and also implies a concern that since serfs are not Free. rather are

under another's control, they would not necessarily be at liberty to decide cases as they

would, thus may judge p&ally?5 As in Plato's view, the young are not able to judge. In

contrast to Plato's. the concern expressed regarding the List of individuals barred from

holding judicial office for crimes against either secular or canon law is a concern about the

hypocrisy of such people making judgements, not a concem about their inability to

recognize good or evil. Home refers to the biblical story of the Woman Taken in Adultery,

stressing that the passage was directed towards judges. and that the point Jesus was

making was that a judge should not "empreigne si haute nobleie a seer en la chaiere dieu

pur juger les peccheours taunt cum eux meismes sunt de pecchie c~ndempnables."~~

94 The Mirror of Justices, p. 133. "All who are lawfully attainted of a sin whence corporal punishment ensues are infamous. All who sin mortally or feloniously are infamous; all who perjure themselves by false testimony; ail false judges: ..." (my emphasis) For Home, "sin" is synonymous with "crime." and "sinners" with "criminals."

95 This implied concem about the ability to "control" a judge has echoes in more immediate concerns. Judges during the period which this study covers served durante beneplacito nostro (during our good pleasure), rather than the later auamdiu se bene zesserint (so long as he does well), so they were not an independent judiciary. Judges were under royal control, could be interfered with, and could be removed or disciplined by the King. They could also be impeached by parliament. (Mary H. Volcansek, Judicial Misconduct: A Cross-National S tudv [Gainesville: University of Florida Press, 19961, pp. 67-69.) The independence of the judiciary is considered a main factor in the elimination of corruption.

96 The Mirror of Justices, p. 45. "take upon himself so high an office as to sit in God's seat to judge sinners when he himself is tainted with sin."

Later. Home says how false judges should be punished:

qe pur le despit qil funt a Dieu qi vicaires il se funt e a1 Roi qi tant les

honure qil les met en si noble siccom est la chaire Dieu, e lur donne si b m t

diepitie de representir la persone Dieu e la sine pur juger les peccheoun, en

primes sunt agardables a fere satisfaction as blessiez ... e pus sunt

trebuchables al foer del faus Lucifer si bas qe jammes ne relevent, e des

con sunt penables ou exillables a la voluntie le Roi, e de rnortel jugement

faus sunt il pendables ai foer dautres homicides ... e pur enprisonement

enprisonment ... en meme le lu, e en meme lestatm9'

Home believes that the traditional "measure for measure" should be meted out to such bad

judges: his words are those of Justice rather than Mercy. Indeed, Home writes that it is an

abuse of justice "...qe justices e lur ministres qi occient la gent par faus jugement ne sunt

destruz d fwr dautres h0rnicides."~8 Though Home's pen may have been pointed as a

result of the imprisonment he had suffered, his views are not unusual compared with other

writings on the subject of judges.

In Passus 11 of Piers Plowman, while searching for truth, Will encounters Simony

97 The Mirror of Justices, p. 143. "...that (for the despite which they do to God. whose vicars they make themselves, and to the king. who has honoured them by placing them in a noble seat, namely in the chair of God, and has given them the great dignity of representing the person of God and of the king for the punishment of sinners), they should first be adjudged to make satisfaction to the injured ... and that they should be cast down. after the likeness of the false Lucifer, so low that they should never rise again. and that their bodies should be punishable and exileable at the king's will: and that for a false mortal judgement they should be hanged, Like other homicides ... imprisonment for imprisonment, ... and like for like in all particulars of place and condition."

98 The Mirror of Justices, p. 17 I. "...that justices and their officers who slay folk by false judgement are not destroyed like other homicides."

(not surprisingly) and Civil-Law (with his jurors) among the corrupt.

Ac Symonie and Cyuylle and Sisours of courtes

Were moost pryuee with Mede of any men me pou3te ...

Whan Symonye and Cyuylle seighe hir boper wille.

Thei assented for siluer to seye as bope w01de.~~

Will sees that money can buy judgements in both ecclesiastical and secular settings. Later,

the good Theologye becomes angry with Symonye and Cyuylle for giving Mede to Pals,

when according to God, Mede is betrothed to Truethe, and he lashes out at the two. saying:

For a1 bi lesynges pow lyuest and lecherouse werkes;

Symonye and Piself shenden holi chirche:

The Notaries and ye noyen pe peple.

Ye shul abiggen bope by god pat me made!'"

The two legal figures profit from crime. to the detriment of others. including the

institutions they represent. In their wicked behaviour, they do not act according to God's

will. Theologye's prediction that Symonye and Cyuylle will pay for their evil ways is

confirmed in Passus VII, Piers the Plowman's Pardon.

Men of Iawe leest pardon hadde, [leue pow noon ooper],

For pe Sauter sauep hem no3t. swiche as take siftes,

And narneliche of innocent3 pat noon yuel konnep:

Super innocentem mrrnern non accipies.lOl

99 Piers Plowman, 11, 11. 63-64 & 67-68.

100 Piers Plowman, 11, 11. 125- 128.

'01 Piers Plowman, VII, 11. 40-44.

The judges are criticized not only for taking bribes, but for forcing the innocent, who do not

suspect their evil, to pay to be heard When the wicked judges are judged, they will receive

no mercy from God. As in Theologye's outburst, in the Pardon, judges are criticized for

not keeping God in their minds, and for not thinking on what God would want: "Ac many

a Iustice and Iurour wolde for Iohan do moore I Than pro dei pietate ..."I02 As discussed

earlier in this chapter. the Pardon also shows that there will be a reward for those judges

who do not behave as Syrnonye and Cyuylle. Mercy will come only to the just judges at

Doomsday.

In story LXVI of the Gesta Romanorurn, the author uses the now-famous tale of

the three caskets to warn judges about pride and appearances. In one early English version,

the silver vessel which the young woman chooses is described as follows: "The secunde

vessll was all of cleene silver, and full of precious stonys; and outward it had pis

superscripsion, Thei pat chesith me. shullfirnde in me pat nature and kynde

desirith." '03 The moral is particularly interesting, for rather than speaking specifically to

the woman's choice, it warns that those who sit in judgement will one day be judged:

By pe secunde vessell pat was of siluer, we vndirstond pe my3ty iuges of

this worlde, pe which in hire speche shynyth lyke siluer, And is not but a

worme or erthe, scil. shall not yn pe day of doome ben mor worth pan

wormys, or ellis worse, for if pei dey in synne, thei shull haue perpetueu

Piers Plowman, W, LI. 45-46.

103 The Earlv English Versions of the Gesta Romanorurn, EETS ES #33, ed. Sidney J.H. Herrtage (London: OUP, 1879; rpt. 1962), p. 299.

peyne. 10J

This moral warns judges to beware of the allure of appearance, that their "silver" words

and status mean nothing if their actions, both personal and judicial, are not equally as good.

It also warns that judges' high earthly status will mean nothing at Doomsday, when they

will face the Divine Judge.

The author of the mid-fifteenth century book of allegorical tales, Jacob's Well,

discusses several types of fdsc judgement rendered by justices under the category of

examples of the sin of covetousness. The examples include:

... whanne a fals iuge dcth more

wrong pan evynhed in iugement, for avauntage fauouryng a

jyeuth him most, & jeuyth doom wyth hym pat hath no ry3t,

or t q i t h a ry3t be his assent.105

To further illustrate the point, the author later tells the story of a judge who was bribed by

both sides in a dispute. The judge was given an ox by one party in a complaint, and the

judge's wife was given a cow by the other party. The wife tells her husband to bring

judgement in favour of the man who had given the cow, which he does. The allegory is

explained as follows: the giver of the ox is God, who is in actuality asking for a fair hearing

for the disadvantaged party, and the ox represents reward in heaven for just judgement;

whereas, the person giving the cow is representative of an evil, wealthy man, the wife,

representative of Covetousness, to whom the judge is wedded, and the cow, of cheap,

Io4 Gesta Romanorurn, p. 305.

Io5 Jacob's Well, p. 13 1,ll. 25-29.

worldly reward.Im The allegory is somewhat strained, for God is related to a bribing

party. Nonetheless. the ideas are common that the good will be rewarded by God at

Doomsday, and that one must judge with the dread and love of God, and the point is clear

that partiality and the taking of worldly bribes are wrong.

In "The Magistrates' Scripture," Henry Smith w m s judges and magismtes against

the dangers of pride and of making their position a "chair of ease." Presumably Smith

means that the ease comes from taking bribes, taking advantage of one's lofty status as a

judge, and/or not making an effort to judge rightly. Smith also asks and answers

questions:

Doth iniquity become gods? Doth partiality become gods'? Doth bribes

become gods? They are greedy gods, idol gods, belly gods. and may be

termed gods, because they are like "the god of this world". 2 Cor. iv. 4,

which do but stay (like Nebuchadneuar), until their iniquity be full, that

they may be cast out like beasts, as a derision to them they govern. lo7

Here, Smith stresses judges' divine connection and states that corruption is entirely

inappropriate in a judge. The list of failings exhibited by the world's judges includes pride.

greed, and falseness. Smith trusts that bad judges will be punished in the end, putting faith

in God's judgement.

In " Epieikeia." or the "Treatise of Christian Equity and Moderation, " Protestant

theologian William Perkins stresses judges' connection with the divine, and states that the

ideal judge combines mercy and justice, that is, he is equitable, as God is equitable. To

'06 Jacob's Well, p. 2 13.

Io7 "The Magistrates' Scripture," p. 362.

illustrate why such a balance is proper. Perkins explains the characteristics of two contrary

types of bad judges: one who is too merciful, and the other. too strict.lO8 The overly

merciful judge is described as follows:

such men as by a certain foolish kind of pity are so carried away that they

would have nothing but mercy. mercy: and would have all punishments.

forfeitures. penalties. either quite taken away. or at least lessened and

moderated ... This is the highway to abolish laws and consequently to pull

down authority. and so in the end to open a door to all confusion, disorder

and to all licentiousness of life ... This fault proceedeth either from a

weakness of wit and an effeminateness of mind: and then a man is unfit to

be a judge: or else from vainglory and a base and affected popularity; and

such a man is unworthy to be a judge.Io9

The law must be enforced in order to protect the commonwealth and prevent vice, thus an

overly merciful judge harms not only individuals, but society as a whole. In Perkins' view.

such a judge is reprehensible. By association. those characteristics that cause one to be too

merciful should not be found in a judge: these are foolishness. "efferninatenes~"~ lo. pride.

--

108 These types will be seen in Measure for Measure in Chapter V.

I * William Perkins, "Epieikeia", pp. 479-5 10 in The Work of William Perkins, ed. and intro. Ian Breward (Appleford, UK: The Sutton Courtenay Press, 1970), p. 488. Pope notes that Perkins' definitions, and his desire for equity, are in keeping with views of other authorities of the period (Elizabeth Marie Pope. "The Renaissance Background of Mrnsrtre for Mensnre." Shakespeare Survev, 2 [1949], note 25. p. 82.) Perkins lived 1558- 1602.

1 l o As discussed earlier, Misericordia remains a female because mercy is considered more appropriate to women than to men. During the period of the plays, all judges were men.

and a concern with what others think. The other extreme is also not desirable. and is

described as follows:

men as have nothing in their mouths but the law. the law: and justice.

justice: in the meantime forgetting that justice always shakes hands with her

sister mercy and that all laws aliow a mitigation. The causes of this evil are

two: I . The general corruption of man's nature which is always ready to d e d

too hardly with other men. as also too mildly with themselves and partially

in their own causes. 2. And secondly. for the most part such men do gain

more by law than by equity. 1 1 1

For Perkins, enforcing the law strictly when there is reason for mitigation is "flat

injustice." 1 Interestingly. in Perkins' view. excessive strictness comes not from an

understandable desire to curb humanity's "corrupt" nature, but from the mere fact that

humanity is cormpt. And, his "causes" refer in part to the fact that it is hypocritical for

those who advocate justice not to be above reproach.']) Perkins also blames the common

judicial Failing, partiality. for the flaw of excessive strictness. Finally. by not displaying the

balance of mercy and justice. bad judges do not follow God's example.

Lord Coke was famed for his integrity. though he was not entirely above the reach

"Epieikeia", p. 488. The reference to gain likely refers to a disparity in fees paid when matten were taken to the Common Law courts as opposed to Equity courts.

1 "Epieikeia", p. 484.

13 The concern with hypocritical judgement had earlier been expressed in the Bible, in sermon material, and by Home. It will be discussed in Chapter V. in the cases of the characters Promos (Promos and Cassandra) and Angelo (Measure for Measure).

of criticism for injustice.' In his charge from the bench. Coke states that:

Partidie in a Iudge. is a Turpitude. which doth soyle and stayne d l the

Actions done by him. A Iudge that will be Partiall. will receive a Bribe. and

such an one cannot by any meanes bee just. in his manner of Iudging.

Brybes. and Partiall dealying dooth defile the Puritie of Iustice. with great

suspected Euill: For a Iudge. if but in some things he be knowne to take a

Bribe. or be approoued Partiall. he leaueth no one Action done by him, free

from the like suspect ... though neuer so vprightly done or spoken. ' 5

For Coke. being partial and accepting bribes are an enduring stain on a judge's character.

leaving the judge permanently suspect. Coke also refers to the Psalm 82. warning that "if

by vs. that so are called Gods. Iustice and Iudgement be peruened: it will be henuy for our

soules. when we shall dye like men."[ I h The warning refers ahead to the time when God.

the righteous judge. will judge all. small and great. according to their deeds. The unjust

will not receive mercy on Judgement Day.

Another commentary from a later period is Francis Bacon's 16 1 2 essay "Of

Judicature." Bacon. a member of Gray's Inn from his admission in 1576, would have

been familiar with the characteristics of a bad judge, for he himself was removed from

high judicial office for exhibiting one of the often-repeated failings found in bad judge --

I I-' Henry Cecil. Tipping the Scales (London: Hutchinson & Co.. Ltd.. 1964). pp. 67-68. The injustice refers to Coke's actions against Raleigh while Attorney General, not to his actions while a judge. Nonetheless. if his sense of justice was tainted then. as Coke himself warns. his later actions become suspect.

1 15 The Lord Coke - His Speech and Charge ..., pp. 17- 18.

116 The Lord Coke - His Speech and Charge ..., p. 19.

bribe-taking. l 7 Bacon may be spared the accusation of hypocrisy, something which

several of the bad dramatic judges may not be, for his commentary does not concern the

evils of bribery. Instead. his concerns in "Of Judicature ' zii mare seneral:

Cursed (saith the Law) [i-e.. Deuteronomy] is hee that remooueth the

Lclnil-marke. The mislaier of a Meerestone is too blame. But it is the

vniust Iudg that is the capitall remouer of Land-makes. when hee defineth

amisse of lands and property. One foule sentence doth more hurt. then

many foule examples: for they doe but corrupt the streame: the other

cormpteth the fountaine. 1"

The example does not directly suggest injustice resulting from favouring one party: rather,

it suggests injustice resulting from some form of judicial error. Like Coke. Bacon feels

that one ill judgement causes permanent damage to the judge passing judgement. Bacon

continues:

an overspeaking Iudge is no well tuned Cymball. It is no grace to a Iudge.

first to finde that which hee might haue heard in due time from the Barre: or

l 7 Bacon had an illustrious legal career, having been involved in famous cases, r-g.. assisting in the prosecution of Essex in 1601, having been appointed King's Counsel in 1604. Solicitor General in 1607. Attorney General in 16 13. and Lord Chancellor in 16 18. In 162 1, however, he was sentenced by the House of Lords for taking bribes and dismissed from the office of Chancellor (John Pitcher, Introduction to The Essavs, by Francis Bacon [Harmondsworth: Penguin Books, Ltd., 19851, pp. 7-10). Bacon has been included, for the cited work dates from not long after Measure for Measure, he received his education and began his career within the period of the plays, and he has significance in English legal history. Also, he is one who ultimately fell due to one of the flaws described in other contextual material and found in many of the dramatic bad judges.

l 8 Francis Bacon, A Harmonv of the Essavs of Francis Bacon, an. Edward Arber (London: Arber's Reprints, 187 1 ), p. 450.

to shew quicknesse of conceit in cutting of counsel1 or euidence too shon:

or to preuent information by questions. though pertinent. The partes of a

Iudge are foure: to direct the euidence; to moderate length. repetition, or

impertinency of speech; to recapitulate, select, and collate the material1

points of that which hath beene said; and to giue the rule or sentence.

Whatsoeuer is aboue these, is too much; and proceedeth either of glory and

willingnesse to speake, or of impatience to heare, or of shortnesse of

memory. or of want of a staid or equal1 attention. 19

Bacon criticizes more pedestrian human failings in judges, chiefly verbosity, which he

blames on judges' impatience, vainglory, and poor memory. His final criticism, what he

considers "most strange," is "...that the custom of the time doth warrant Iudges to haue

noted fauourites, which cannot but cause multiplication of fees, and suspition of by-

~ a i e s . " ' ? ~ This statement refers to the previously mentioned criticisms of partiality and

greed in judges.

l9 "Of Judicature," p. 454.

no "Of Judicature," p. 454. It is unclear to what "fauourites" refers, but it seems to refer to the advocates and counsel. If so, a tinge of hypocrisy may indeed be directed at Bacon, for a judge could favour the cause of an advocate who could provide the highest reward.

. -. ILL The Social SituationlZl

Law, justice. and mercy are concerns in the lives of individuals in any society. So a

desire to identify the qualities required for good judges and to warn about which traits to

avoid is understandable. And. it must be noted that the legal system in England was far

from perfect. Indeed. some criticisms that will be levelled at the dramatic bad judges in

Chapters tV and V are also found in fact.'" The earliest documented suggestion of

judicial corruption in England occurred during the reign of Henry II, when the Archdeacon

of Bath, London and Canterbury wrote a letter to the King complaining of widespread

corruption among judges -- but no specific evidence was presented. Later, at the beginning

of the reign of Richard I. the Justiciar 13 was reportedly involved in falsely convicting a

man of rape. The 12 15 Magna Carta contained a clause saying that justice would neither be

denied, delayed, nor sold. Clearly this expressed a concern that such abuses had been

occumng. In 1289, during the reign of Edward I. eleven judges including the Chief Justice

This brief summary is not intended to suggest that the plays accurately reflect English legal practices or the situation described in this section. It is simply to provide a look at English legal history up to the time in which the playwrights and original audience lived. It would. however. be incorrect to suggest that contemporary audiences would never make a connection between the stage and specific individuals or general situations. As Leah Marcus writes, "Given the feckless, highly ingenious, almost ungovernable gusto with which contemporaries found parallels between stage action and contemporary events, there are few things that plays could be relied upon not to mean" (Puzzling Shakesoeare: Local Reading and Its Discontents [Berkeley: University of California Press, 19881, p. 27).

I" Some of the factual details in this paragraph have been taken from Tip~ing the Scales, pp. 3 1-58. The exceptions are cited.

1" Justiciars headed the post-Conquest judicial system; they were not only judges but powerful politicians (Anthony Mockler. Lions Under the Throne London: Frederick Muller Limited, 19831, p. xi).

of Common Pleas, were fined and removed from office. Only two Court judges were not

convicted, but perhaps there was merely no evidence against them. When Edward III

returned from abroad in 1346. he encountered discontent against officials and dismissed

five justices of Common Pleas for bribe-taking and other forms of corruption. According

to L.B. Curzon, "the salaries of the early judges and their successors were very small. and

fees from litigants made up their income. As a result the courts competed with one another

and judges were exposed to bribery and its consequences." lZ4 In 1346, the first full-scale

statute dealing with judges, known as the Ordinance for the Justices, was enacted, and it

contained a long, detailed oath to which judges were required to swear. In 1350. this oath

was used against the Chief Justice of King's Bench, after he conkssed to five counts of

accepting bribes. The man, Chief Justice Thorpe. was in fact hanged for bribery in 1350.

while a later chief justice was merely fined for similar charges.I3 Statutes forbidding

judges to take gifts (except moderate amounts of food and drink) from anyone except the

King were enacted during the reigns of Edward I. Edward 11, Richard U. and Henry IV.

During the Peasants' Revolt of 138 1. one of Wat Tyler's first demands was that all lawyers

should be hung "and this was soon extended to 'all judges,' meaning initially the lawyer

judges. but tending to embrace the Justices of the Peace as well." 126 This demand is

reflective of a public belief in the corruption of the judiciary. M.H. Ogilvie refers to judicial

corruption being "rife" in the fifteenth ~ e n t u r y . 1 ~ ~ During the sixteenth century, there are

124 English Legal History, p. 206.

125 Judicial Misconduct: A Cross-National S tudv, pp. 68-69.

126 History of the Justices of the Peace, Vol. I. p. 43.

127 Historical Introduction to Leeal Studies, p. 169.

few instances of a judge being guilty of judicial impropriety or crimes such as bribery. 128

but it does not mean that more such incidents did not exist. H. Cecil believes that this

"limited tradition of integrity among the judges"129 in the sixteenth century is the result of

efficient administration under the Tudors. which allowed for the general improvement in

the legal system. The many corrupt judges found in the plays in Chapters IV and V may

not be topical. precisely. but neither are they anomalous. Though things had improved by

the time in which most of the plays to be discussed in this study were written, there was a

strong history of abuse with which people would be familiar and which could be called to

mind while viewing the p l ay~ . l 3~ A further problem was judges' willingness to hear

"8 The following are some examples. John Beaumont. in 1550. was moved from the Court of Wards to Mastership of Rolls. He was charged with forgery. subordination of a jury, and the concealment of a felony, and is described as "corrupt in his second post as he had been greedy in the first." Sir John Throckmorton, Chief Justice of Chester, in 1579 was fined for forging a legal document and was accused by the Privy Council of slackness and greed. Around the same time, Richard Broughton, second justice in the Angelsey circuit, was fined and removed from the commission of peace for taking bribes. (Penry Williams, The Tudor Regime [Oxford: OUP. 19791, pp. 104- 105).

u9 Tipping the Scales, p. 57.

130 Though there is little evidence to suggest it, occasionally playwrights may have used the contemporary situation directly for dramatic inspiration; a possible example being references made in Wisdom.

malicious suits.t31 which decreased the respect in which the courts were held. Another

fact which could add to the public's frustration and feed the image of the wickedness of

judges is that:

throughout the history of judicial corruption in England. there has been a

tendency not only to reduce or altogether remit the penalties imposed on

judges who were convicted but to reinstate them in judicial office

thereafter. 132

Most judges were put back on the bench, allowing for the impression of a corrupted source

of justice. as Coke and Bacon suggest.

Most of the plays discussed in this study date from the reign of Elizabeth I. a

period noted for several things. First. it was a time of an increased interest in the law as

something to be studied. Christopher Brooks states that "Renaissance humanism

contributed to an intellectual climate in which law became an dl-important human science".

l 3 ' Malicious suits were a problem in England. From the period of Henry IT. there was a writ allowing a person who had been appealed on a charge to submit a question whether the appeal was from hatred and malice. and if the answer were yes. it would be cancelled (William Searle Holdsworth, A History of English Law, Vol. I. ed. and rev. A.L. Goodhart & H.G. Hanbury [London: Methuen & Co.. Ltd.. 19561, p. 57). Moreover. during the later Tudor period. Perkins criticizes such suits when he writes: "Law is not evil, though contentious men and unconscionable lawyers have vilely abused it" ("Epieikeia." p. 500). Also during this period, a draft bill was written against "...divers troublesome and contentious persons ... intending wrongful vexation ...p retended damages and feigned complaints." Judges and other court officials would take on such cases because they were lucrative and because their financial welfare was dependent upon "a satisfactory flow of suits." Such suits resulted in genuine actions not receiving the attention they deserved. the annoyance of defendants and witnesses, and an erosion in respect for the courts. (The Tudor Regime, pp. 248-249.)

132 Tippine the Scales, p. 3 1. It is not clear why the judges were placed back on the bench. Perhaps there were few qualified persons, or people believed that they had learned their lesson.

and he speaks of the difficult task of learning the law at the Inns, which could easily take up

to seven years. 133 Likewise, W.S. Holdsworth notes that the judges and lawyers of the

sixteenth and seventeenth centuries

were better educated than their predecessors in the fourteenth and fifteenth

centuries: and this was, no doubt, one of the main reasons why the common

law showed so many signs of improvement and so marked a capacity for

expansion ... The strict technical training which was given by the Inns of

Court, and the high ideals which they set before their students, ensured the

professional competency of the Bench. and a high standard of professional

honour in both Bar and Bench?

Penry Williams describes a change in the land-owning class during the period.

Specifically. this group began to educate its sons at the universities and Inns of Court,

rather than provide them with traditional education in arrns.135 At the same time. it was

worthwhile for commercial families to send their sons to the Inns, for a knowledge of the

law would be useful for business. As stated earlier, Percy Winfield notes that early

English works such as The Mirror of Justices were being "resuscitatedWl36 during this

period, which is suggestive not only of the aforementioned development of the legal

133 Christopher Brooks, "A Law-Abiding and Litigious Society", in The Oxford Illustrated History of Tudor & Stuart Britain, pp. 139-155, ed. John Momll (Oxford: OUP, 1996), p. 139 & p. 14 1. The main Inns of Court were Lincoln's, Gray's, Inner Temple, and Middle Temple, while there were also lesser Inns of Chancery.

n4 William Searle Holdsworth, A Histo? of English Law, Vol. 5 (Boston: Little, Brown & Company, 1927), p. 346.

135 The Tudor Regime, p. 24 1.

136 The Chief Sources of English Legal History, p. 267.

profession into something to be studied formally. but of a desire to determine what son of

qualifications those in the legal profession should have.

Second, it was a time of a general improvement in the English legal system. M.H.

Ogilvie writes that the courts were evolving and maturing considerably during the fifteenth

century. despite the corruption. 13' H. Cecil credits efficient administration under the

Tudors with contributing to the improvement of the legal system, and therefore the creation

of a "limited tradition of integrity among judges"138 As stated above. Holdworth

attributes the amelioration of the legal system to the improved education of the lawyers and

judges. Further. Ogilvie describes late sixteenth century law-makers and lawyers as

individuals of "stem Protestant persuasion who regarded their worldly vocations as divine

callings." 139 As such. they would presumably make an effort to behave as they felt God

would want. Notably, however, Ogilvie concludes: "The necessity for proper procedures

and trappings of law. if not actual legality, bound the Tudors as no other monarchs before

them." In the use of the word "trappings," the quotation also points to an awareness of the

potentiality for judicial hypocrisy. and/or an atmosphere in which the guise of law rather

than actual justice was more important.

Finally. it was a very litigious period, and there were several factors contributing to - -- -- - - - -

137 Historical Introduction to Legal Studies, p. 169.

138 Tippine the Scales, p. 57. As stated earlier, this refers to the decrease in incidents of judges being fined or charged with any type of professional misconduct.

139 Historical Introduction to Leeal Studies, p. 169. While this quotation provides a possible explanation for why the good judges in several of the plays of the period (i.e., Trial of Treasure, The Longer Thou Livest, Like Will to Like, The Moste Vertuous and Godlve Susanna, A Warning to Fair Women, and even earlier, Nice Wanton) were portrayed as very godly individuals, at the same time it also makes the bad judges appear even more disgraceful.

the increase in the amount of litigation. As Brooks summarizes:

(T)he most important factor in securing the place of law and lawyers during

the period was a cluster of social and economic changes - the increase in

population and inflation, markedly greater activity in the land market, and

the more extensive use of credit -- which led to a remarkable growth in the

mount of legal business which came before the courts. The increase was

feeble and sporadic during the reign of Henry VII, and very seriously set

back during much of the 15 10s. 1520s, and 1530s, by outbreaks of

epidemic disease in London, bad harvests, and civil unrest. But from the

1550s. and throughout the remainder of the sixteenth century, the number of

lawsuits rose sharply. By the end of Elizabeth's reign the number of actions

commenced was probably ten times greater than they had been at the end of

the fifteenth century ... These increases in the amount of legal business were

accompanied by an equally impressive growth in the size of the legal

profession. '40

Plainly the increase in demand created by the higher volume of legal business would have

resulted in an increase in the supply of legal professionals to serve the public need. During

the Tudor period, there were many courts in which actions could be heard, including

1" "A Law-Abiding and Litigious Society", pp. 139- 140.

Common Pleas. King's Bench, Chancery 1 4 . Exchequer. Parliament in. Curia Regis. and

Star Chamber. as well as the local assizes, cornmissions of peace, Quarter Sessions.

borough councils, and manorial courts. These were in addition to the ecclesiastical courts.

which heard a wide range of cases. but chiefly those concerning issues of morality, faith

and inheritance:

... fornication, adultery, incest. bigamy. rape. sorcery. unseemly demeanour

in church. absence from church. marital relations. haunting taverns and

keeping bad company, defamation, tale-bearing, administering goods

without an ordinary's authority, destroying parish boundaries. practising as a

surgeon or midwife without License, vexatious persecution, not living in

charity, and fox-hunting and fowling on Sundays ... with respect to laity, over

morality, religious behaviour. marriages, legitimacy. wills. and

administration of intestate estates. They also concerned themselves with the

maintenance of doctrine, and claimed to examine into contracts where faith

was alleged to have been pledged and broken. into oaths. promises and

I-" The Chancery had; supplementary Court of Requests which began early in the tifleenth century and, after a lapse, was revived in 1493. This was a court of equity for those too poor to pursue actions in other courts. (Equity will be discussed in Chapter U on pp. 80-82.) Wealthy individuals reportedly abused the Court of Requests. using the "fiction of poverty" to take their cases to it, thus depriving the other courts of business. This angered the lawyers and judges who worked in the other courts. (Historical Introduction to Legal Studies, pp. 173-174 & p. 193.)

By 1500, its only judicial function was the trial of peers.

fiduciary undertakings. 143

CIearly one did not have to commit an actual crime or be involved in contentious business

affairs to be brought before a judge. Since the limits of jurisdiction were often vague, and

justices and officials derived their incomes from court fees. thenrivalry and jealousy among

the conciliar courts. the common law courts. and equity grew considerably throughout the

century" and "the incentive to poach business was intense."lu As will be discussed

further in Chapter VI. it was not unusual for cases to be brought before more than one

court for tactical purposes -- this would be another factor which would have increased the

amount of litigation. With the growth in the number of youths from the land-owning and

commercial classes being educated in the Inns. they would become adept at using the law

for their own ends, and this would also increase the amount of litigation. And. obviously,

the number of genuine suits would be aukmented by the malicious suits.

Thus the frequent appearance of judges in the dramas of this period is not unusual

considering the concurrent growth in and professionalization of the legal system. and the

historical instances of corruption. Though one may not have been a member of the legal

profession. between the secular courts and ecclesiastical courts. there was a good chance

that one. or someone one knew. would come before a judge in an action. Even if this was

not the case. everyone believed that he or she would be judged by God.

l a A.T. Carter, A History of the Enelish Couns (London: Buttenvonh & Co. Ltd.. 1927). p. 146. The item "vexatious persecution" was presumably an offence which could be brought before ecclesiastical courts because it would entail breaking the ninth commandment which prohibits bearing false witness (Exodus 20:3- 17).

'44 Historical Introduction to Legal Studies, p. 192 & p. 150. Such rivalry could decrease the esteem in which the courts were held.

CHAPTER II

THE DIVINE PARADIGM

i. Summary

Keeping in mind the importance of the divine in the lives of the people of the

medieval and Tudor periods, a discussion of the characterization of the judge in the drama

of this time should begin with examining the character God as judge. As seen in Chapter I,

a major source of the dramatic God was the Bible, but sermons also portray clearly the

type of judge that God was considered to be, and which their writers felt that humanity

could expect on Judgement Day. Prior to looking at dramatic representations of God as

judge. it is useful to look briefly at works in which God is mentioned, but does not appear.

The examples which will be used are Mankind and Dr. Faustus.

The depiction of a God whose mercy ceases at Doomsday is found throughout the

Bible and sermon literature. The theme is also seen in dramas in which God is referred to

but does not appear, such as in the play Mankind. Mercy1 cautions Mankind that there will

1 Mercy, though here a male, is elsewhere represented as one of the four daughters of God, and will be seen Later in The Castle of Perseverance and The Parliament of Heaven. As stated earlier, the Latin word "Misericordia" is, of course, feminine. In Mankind. Mercy is male because he is viewed as a priestly figure.

only be truth and justice at Doomsday, and that he will be unable to cordort the wretched

souls. Thus Mercy warns Mankind against behaving like the wicked, worldly characters

New Guise, Now-a-Days and Nought, saying:

Thys condycyon of Ieuyng yt ys prejudycydl;

Be ware perof, yt ys wers pan ony felony or meson.

How may yt be excusyde befor pe Justyce of all

When for euery ydyll worde we must 3elde a reson?

They haue gren ease, perfor pei wyll take no thought.

But how pen when pe angel1 of hewyn xall blow pe trurnpe

Ande sey to pe transgressors pat wykkydly hath wrought,

'Cum forth onto yowr Juge and gelde yowr acownte'?

Then xall I. Mercy, begyn sore to wepe;

Noper comfort nor cownsell per xall non be hade;

But such as pei haue sowyn, such xall pei repe.2

As in the Bible and the sermon material, Mercy confirms that at the end of time, souls will

have to give an answer to God for their actions, including for every idle word spoken

during their lives, as Matthew 12 wams.3 According to Mercy, the proverbial phrase "as

ye shall sow, so shall ye reap" is the deciding factor in God's judgement at Doomsday, at

2 Mankind, pp. 153- 184, in The Macro Plavs, EETS OS #262, ed. Mark Eccles (London: OUP, 1969), 11. 170- 180.

3 The text of Matthew 1236-37 is found in the appendix (p. 27 I), and is provided in the Vulgate and Douay-Rheims versions.

which time Mercy will be powerless. and Truth and Justice victorious.-'

Notice must also be taken of one late speech by Mercy, in which he speaks

unexpectedly in the voice of Justice. This occurs following Mankind's appearance in

Mischiefs "court"5:

To God and to ali pe holy corte of hewyn pou art despectyble,

As a nobyll venyfyer makyth mencyon in pis verse:

'Lex et natura, Cristus et omnia jurcl

Damnant ingratpm. lugent eum fore naturn.16

The fact that Mercy could speak with Justice's voice could not but provide a warning to an

overconfident sinner. Immediately following this outraged outburst. Mercy returns to

speaking as expected. Though in his prayer to Mary his chief concern is for mercy, he

asks not that justice be powerless, rather that mercy exceed justice. As will be seen, this

sentiment is also expressed by Pater in His judgement of Anima in The Castle of

Perseverance. Further, Mercy later admits:

God wyll not make 3ow preuy onto hys last jugement.

Jusryce and Equite xall be fortyfyid, I will not denye.

Trowthe may not so cruelly procede in hys streyt argument

But pat Mercy schall rewle pe mater wythowte c~ntrauersye.~

Mercy, of course, is not powerless in The Castle of Perseverance, but the judgement occurs before the end of time, when mercy is still available to the sinful.

5 Mischiefs cormpt court will be discussed in Chaper W .

Mankind, 11. 752-755. "Law and nature. Christ and all the just / Condemn the ingrate, let him lament he was born."

Mankind, 11. 839-842.

Here. Mercy reminds Mankind that God has not made anyone knowledgeable about the

divine plan, and admits that at the Last Judgement Justice and Equity will be stfonger (than

they are now). Mercy does not speak of his victory at this time. but says that he will

contend with Truth in the dispute. The words are to give Mankind hope: however. Mercy

clearly does not want to make him overconfident. In his final conversation with Mankind,

Mercy stresses that mercy must be asked during life and he warns: "Synne not in hope of

mercy: pat is a c y m e notary" and "Be ware of weyn confidens of m e r ~ y . " ~ The words are

clearly instructive. cautioning the audience against feeling assured of receiving mercy from

the Divine Judge following a sinful life.

In Dr. Faustus,g Marlowe's protagonist has visions both of the mercy and the

terrible justice of God. Without doubt. Faustus is fully aware of the consequences of his

choice to make a bargain with Mephistopheles.1o And, Faustus has twenty-four years to

realize that the bargain is providing him neither with the arcane knowledge he desires nor

with happiness, but he does not. Certainly, his craving for knowledge is both worthy and

understandable. Significantly, however. although this yearning makes him dismiss

philosophy, medicine. law, and divinity as worthless. he does not seek out a new avenue of

"ankind, 1.845 & 1.853. The idea that people should not be overconfident in the belief that they will receive divine mercy is also seen in The Castle of Perseverance.

The A-text will be the version quoted. Rasrnussen details how "current opinion has shifted once more in favour of the A-text" (Christopher Marlowe, Doctor Faustus A- and B-Texts ( 1604. 16 161, eds. David Bevington & Eric Rasmussen [Manchester: Manc hester University Press. 19931, Introduction. pp. 63-64).

l o The exercising of free will is also a key aspect of the sin of Humanum Genus, as will be seen later in The Castle of Perseverance, In the B-text, however, Faustus is shown as an individual "whose freedom of choice is markedly reduced" (Doctor Faustus, Introduction, p. 48).

learning when he finds his costly path of study likewise unsatisfactory. Moreover.

although he receives threats from the devils, he also receives twenty-four years of

warnings, advice and urgings, first (unexpected) by Mephistopheles, then by the Good

Angel. and finally by the Old Man, but he does not heed them.I1 Indeed. with his time on

earth nearly finished, rather than asking God's forgiveness. Faustus entreats Lucifer's

pardon. and reconfirms his deal with Lucifer in a second blood conuact (11.70-75sd). So.

finally. Faustus experiences terror as the clock chimes. counting down to his death

according to the terms of his bargain with Mephistopheles. He finds himself unable

(unwilling?) to speak and ask for mercy, even when a last-minute opportunity is presented.

See, see where Christ's blood streams in the firmament!

One drop would save my soul. half a drop. Ah. my Christ!

Ah, rend not my heart for naming of my Christ!

Yet will I call on him. 0. spare me. Lucifer!

Where is it now'? T i s gone: and see where God

Stretcheth out his arm and bends his ireful brows!

Mountains and hills, come, come and Fall on me,

' 1 In contrast to the A-text, the B-text augments the numbers of devils on stage throughout the play. "The effect, both theologically and theatrically, is to increase the odds against Faustus" (Doctor Faustus, Introduction, p. 45).

And hide me from the heavy wrath of God!'?

As Misericordia argues in The Castle of Perseverance, the blood of Christ is enough to

save a sinful soul, if mercy is asked. Faustus sees the oppomnity for God's mercy, but

instead asks Lucifer. not God to spare him. At that moment. the saving vision of Christ's

blood disappears and is replaced by the angry face of God. As in the sermons. God's

mercy is available during life. When Faustus turns to the devil for aid, however, God's

wrath comes hard upon the sinner. executing a harsh, but ultimately deserved, sentence.

As predicted in the sermons, the sinner does not want to look on God's face in

judgement.13

ii. The Plays

The plays that will be considered in this chapter are: the Biblical Plays (N-Town:

The Creation of Heaven: The Fall of Lucifer, The Creation of the World: The Fall of Man,

Doctor Faustus, A-text. V, ii. 11. 78-85. The corresponding section in the B-text reads: "0, I'll leap up to heaven! Who pulls me down? I One drop of blood will save me. 0, my Christ! I Rend not my heart for naming of my Christ! I Yet will I call on him. 0. spare me. Lucifer! I Where is it now? Tis gone: I And see. a threat'ning arm, an angry brow. I Mountains and hills, come, come and fall on me, I And hide me from the heavy wrath of heaven!" (V, ii, 11. 150-157.) As in the A-text, the blood of Christ will save the sinner, although blood does not stream "in the firmament." Also, the phrasing is changed from wrath of God to the somewhat less striking "wrath of heaven". Nonetheless, the tone of the scene is also different in another way: "The B-text omits the pityevoking cries of Faustus in the A-text (the references to Christ's blood streaming) ... and gives us instead pious moralising by the Good and Bad Angels" (Doctor Faustus, Introduction, p. 48).

'3 In the A-text, the possibility of Faustus repenting and attaining salvation is somewhat more believable than in the B-text. However, the representation of damnation being ultimately visited on an individual who does not repent is consistent with other writings, such as sermon material.

Cain and A M , Noah, Jesse Root, The Parliament of Heaven, The Woman Taken in

Adultery, and Judgement Dav; York: The Fall of the Angels, The Fall of Man, The

Expulsion, Cain and Abel, The Building; of the Ark, The Flood, The Wornan Taken in

Adulternhe Raisin2 of Lazarus and The Last Jud ement; Towneley: The Creation,

Mactatio Abel, Noe Cum Filiis, Prophetae, Judicium; and Chester: The Fall of Lucifer, The

Creation, Noah's Flood, The Temptation: the Woman Taken in Adultery; The Antichrist;

The Last Judgement): The Castle of Perseverance; The Trial of Treasure; The Longer Thou

Livest The More Fool Thou Art; Enough is Good as a Feast; All for Monev. The plays

will be discussed in the following order: first. severd of the Biblical Plays, that is, the Fall

of Angels/Fall of Man,[J Cain and Abel.15 Noah. and finally Woman Taken in AdulteryI6

plays. These will be discussed first because their events are taken from the distant biblical

past. indeed in the case of the fallen angels, before the events of the Bibie. Following these

will be The Castle of Perseverance, and mention will be made at this time of N-Town's The

Parliament of Heaven, for its judgement themes are similar to those of The Castle of

Perseverance, though it is of somewhat less use for viewing God as judge. After these will

come four Protestant Homiletic Tragedies''. that is The Trial of Treasure, The Longer

l 4 The Towneley Adam and Eve play is incomplete. lacking the Fall and expulsion of the couple.

' 5 The York Cain and Abel play is incomplete. lacking the sacrifices to God, the murder of Abel, and God sending an angel to confront Cain.

16 Towneley lacks a Woman Taken in Adultery play, and the York version is incomplete, breaking off as the accusers discuss the woman's sin and resuming when the accusers realize the content of ksus' writing on the ground.

l 7 The term was first used by David Bevington in Chapter XI of From Mankind to Marlowe.

Thou Livest The More Fool Thou Art, Enough is Good as a Feast, and All for Monev,

which date from the early years of Elizabeth's reign. The last plays will be the Biblical

Plays which look at the indefinite future -- the Antichrist play from Chester and the Last

Judgement plays of N-Town. York. Towneley. and Chester.

The judgement of God occurs at different times in the dramas. in the Creation,

Cain and Abel, Noah. Woman Taken in Adultery, and Antichrist plays. God (or Jesus)

acts as a judge, dispensing mercy and/or justice for living beings. In The Castle of

Perseverance God appears and acts as judge for Anima the soul of a recently-departed

representative of sinful humanity. Humanum Genus. In the Homiletic Tragedies,

allegorical figures such as God's Judgement in The Longer Thou Livest, though not

specifically identified as God, or impersonating God, stand as an aspect of God in

judgement against wicked human figures, and thus may be considered in this chapter. In

the Last Judgement plays. God (and/or Jesus) acts as a judge to all of humanity at the end

of the world. In these plays, the whole range of judgements. from very merciful to very

strict, is seen.

Deus refers to Himself as God and king, although not as judge, in N-Town's The

Creation of Heaven: The Fall of Lucifer. He tells the angels that they are to worship Him

with song, and doing so they will exist in joy. In his first lines, Lucifer places himself

against God as a figure to be worshipped. He thus breaks a spoken law, for he does not

sing God's praises, and he acts as an accessory to breaking a law, for he leads other angels

l 8 The N-Town Doomsday play is incomplete at the end, lacking the final departure of the souls to heaven or hell, and the Towneley Doomsday play is incomplete at the beginning, opening after the trumpet has been sounded.

to the same crime. Deus sentences Lucifer for his "mekyl pryde,"lg ordering that he. and

all who spoke in support of him fall to hell, never to partake in bliss. Lucifer breaks divine

law and is an unrepentant sinner. He deserves to be judged harshly, and God's justice

shown to him is strict. In the next play, Deus creates Adam and Eve,'* and the pair are

told not to touch "Pis tre pat is of cunnyng"z1 lest they die - as with the angels, the law and

consequences of breaking the law are stated Unlike that in the biblical account, the snake

who tempts Eve is specifically described as having an angel's face. and therefore is a fallen

angel. leading humanity into a crime against God, thus away from God. This suggests that

the sinful are an adverse influence on others and that if one does not repent one's sin. one

will sin again. Here, the fallen angel is the accessory to Eve's crime, and Eve the accessory

to Adam's. After being sentenced, the couple experience regret that they are suffering, but

like the fallen angels. do not repent. The couple is driven from Paradise by the angel with

the flaming sword, representing the sword of God's justice. Although in the Bible, God

provides corporal comfort to the pair as they flee Paradise, here, God's justice against the

pair is very strict, and no comfort is provided. The playwright favours illustrating the

administration of strict justice in this rendition of the Fall, in this emphasizing the gravity of

original sin and the meriting of punishment.

In York's The Fall of the Angels, Deus establishes Lucifer as chief next to Him.

Deus states that only if the angels are loyal will they have the joys of heaven, establishing

19 The N-Town Play Cotton MS Vespasian D. 8, Vol. I. EETS SS #11, ed. Stephen Spector (Oxford: OUP, 199 l), The Creation of Heaven: The Fail of Lucifer, 1. 66.

" The biblical story of Adam & Eve is found in the appendix, and is provided in the Vulgate (pp. 258-260) and Douay-Rheirns (pp. 260-262) versions.

3 N-Town, The Creation of the World: The Fall of Man, I. 38.

the law and the punishment for breaking the law. The disloydty of the bad angels is seen

in that they boast of their own appearance and ability. rather than praise God. In their self-

adulation these vainglorious angels fail; Deus does not actively pass sentence against them.

God is a silent figure, making an unspoken judgement against the rebellious angels, as they

fall due to their own pride. In the staging of this fall, an emblematic image of the

consequences of sin. especially pride, may be created? Nothing can be hidden from

God's watchful eye and unrepentant sinners will be punished by God's justice whether the

act of punishment is obvious or not. After the scene returns to heaven from the fallen

angels, Deus' righteousness is praised by the good angels, confirming His unspoken part in

the fall. Deus creates humanity as replacements for these fallen angels, and in The Fall of

Man, Satan states that he is troubled by God's actions, and so tempts Eve to sin. As in N-

Town, the sinner is an accessory to the sin of others. Satan and the couple are found guilty

by Deus, though the specific details of their sentence are delivered by an angel

"Cherubyn"?3 whom Deus has ordered to expel the couple from Paradise. In becoming

the sentencing judge, this angel demonstrates that judges are God's counterparts. speaking

for God. Since Deus had ordered that the couple be driven from Paradise. it is probable

that the angel would be armed with a sword." The weapon would represent the sword of

justice.

In the incomplete Towneley Creation play, the angels praise God for making

" A possible enactment could be a fall of the proud Lucifer from an upper area representing heaven to a hell mouth below.

" Deus seems to use the term as a proper name, rather than a type of angel.

" This may also be supported by the fact that the Armourers staged this play.

Lucifer so bright and beautiful. After Deus has exited the scene, Lucifer seats himself on

His throne, and two bad angels voice support of Lucifer while two good angels speak their

disapproval of his outrageous pride and vanity. Lucifer states that he will take a flight --

and he falls, without Deus returning to sentence him to faU.25 Lucifer attempts to fly, and

falls due to his own over-reaching. His fall is his own fault: he is completely responsible

for his own sin. Deus, in the background, would be like a silent. omnipresent force.

passing an unspoken sentence against his former servant. As in York an emblematic

image of the sinner falling could be created."

In Chester's The Fall of Lucifer, Deus creates the orders of angels. and Lucifer

identifies himself as the principal angel of all. Lucifer and his partner in crime. Lightborne,

are warned by Deus to remain humble:

... loke lowely you bee.

... For crafte nor for cuninge, cast never comprehension:

exsalte you not to exelente into high exaltation.

Loke that you tende righte wisely, for hence I wilbe wendinge."

Several lines later. Deus further warns the two to keep to their own places and not to touch

His throne in His absence. Deus stresses that they will be held to their covenant not to

'5 The action here is similar to the fall in York, which Towneley used as a source.

As stated earlier, the Towneley Adam and Eve play is incomplete. What remains shows Deus warning the couple to avoid the tree upon pain of death and shows Lucifer beginning to speak of plotting to have the two evicted from Paradise.

z7 The Chester Mvsterv Cvcle, EETS SS #3. eds. R.M. Lumiansky & David Mills (London: OUP, 1974)- The Fall of Lucifer, 11. 68-72. It could be suggested that Deus is trying to entrap these two characters by planting the idea of personal exaltation and then departing; however, it is more likely that Deus has seen the seeds of pride in them, and is trying repeatedly to warn them, demonstrating divine mercy, and then testing their loyalty.

touch the divine throne "in paine of heaven your lo r fey t~re . "~~ Deus provides repeated

warnings and informs those concerned of the consequences of sin. In Deus' absence,

Lucifer receives additional warnings from his fellow angels, including the Dominations,

who say with layered meaning: "You have begone a parlous playe."'g The audience is

thus cautioned that even though God may be "absent" (i-e.. not visible), God is aware of

one's deeds. The sentencing of the sinful Lucifer is divided by a brief but poignant query in

which Deus reveals the hurtfulness of the fallen angel's actions: "What have I offended

unto thee? I I made thee my frende; thou arte my foe. I Why haste thou tresspassed unto

me?"30 The words are an interjection in the sentencing for the crime which is repeated

before and after the query. Though Deus loves Lucifer, He does not favour him in

judgement; rather, He judges impartially. The Bible and sermon material speak of God as

an impartial judge. and as was seen in Chapter I, impartiality is a sign of a good judge.

Importantly, the sinful figures not only break God's law. but hurt the loving, merciful God,

and as such Deus' words could strike a personal chord with members of the audience.

Lucifer exercises his free will and falls as a result of his great pride and vanity, despite

Deus' efforts to save him. Deus actively passes the sentence which had been stated would

be the consequence of Lucifer's actions. The mercy (i-e., the repeated warnings aimed at

saving the angels) and justice of God are seen in this play.

In The Creation, the tempter is first identified in the stage direction as "the devyll

'8 Chester, The Fall of Lucifer, 1

29 Chester, The Fall of Lucifer, 1

30 Chester, The Fail of Lucifer, 1.

walkingen31 and, as in the Towneley fragment, though he bemoans his fdl he is

unrepentant, and states that he is jealous of humanity's place with God. His jealousy leads

him to further sin, corrupting humanity as he had corrupted some of the angels. Whereas

Deus provides Lucifer with many warning about sin. Adam receives only one warning, of

which Eve is also aware. Deus shows greater early mercy towards Lucifer than he does to

the couple. for He makes a greater effort to protect him. At the end of the play. Deus

mixes strict justice with mercy, expelling the sinful pair from Paradise. but providing

garments of animal skin to cover them. Thus the post-sin mercy is greater towards Adam

and Eve, to whom God gives some comfort. than to Lucifer, who had been condemned to

hell. Though found in the biblical source. only the Chester version of the story of the Fall

shows Deus dispensing corporal mercy in providing clothing to the outcast couple. The

use of this event in Chester could be a means to foreground that there is mercy in the

dispensing of justice32 or it may be a reminder that God is merciful and just. As in the

other plays, the sword of God's justice is suggested as Deus stations angels with swords

and flames to keep the couple out of Paradise.

The Fall of Lucifer takes place before time. and prefigures the fall of Adam and

Eve at the beginning of biblical human time. The motivation for the fall of humanity into

sinfulness mirrors Lucifer's in that both fall through pride. desiring to be like God. Lucifer

is further sentenced by God as an accessory to Adam and Eve's crime. In all cases,

Lucifer, Adam and Eve freely disobey God's laws and thus suffer God's justice.

Theologically, humanity's fall was necessary. for it results in the coming of Christ, and

3' Chester, The Creation, I. 160 sd.

32 This theme was also discussed in Chapter I and will be seen again in Chapter III concerning the judgements made in A Warning for Fair Women.

through sin entering the world, a reason is provided for the Find judgement when God

truly acts as judge. Significantly, none of the sinful figures repents or begs God's mercy,

making each deserving of strict justice. Whether passing sentence actively as in N-Town

and Chester, or watching as an unspoken sentence is carried out as in York and Towneley,

the dramatic God follows the biblical pattern in its portrayal of a powerhi figure who

displays mercy first, in repeated and specific warnings about sinning and the consequences

of sin. and who then shows righteous judgement against the sinful who have disregarded

the warnings. The audience are thus assured that they will be judged by God. and are

urged to heed the warnings provided. Overall. though justice is stressed over mercy, it is

demonstrated that God possesses both qualities.

In N-Town's Cain and ~bel,33 Cain offers Deus only the worst produce from his

harvest -- robbing God of due ~acrifice.3~ He is jealous when Abel's sacrifice is accepted.

and kills Abel. When asked. Cain does not confess his crime to Deus and later expresses

no remorse for his sin. only grief at his punishment. Stating that Abel's blood. "Askyht

vengeauns of pi mys."35 Deus sentences Cain to banishment. The action suggests that

vengeance is acceptable when justified by the extent of the crime, and when asked of

33 The biblical story of Cain & Abel is found in the appendix. and is provided in the Vulgate (pp. 262-263) and Douay-Rheims (pp. 263-264) versions.

3J There is no description of the quality of Cin's produce offering in the Bible.

35 N-Town, Cain and Abel, 1. 169. The idea of vengeance certainly is not alien to the Bible. Later in Genesis 9:6: "quicumque efhderit humanurn sanguinem fundetur sanguis illus ad imaginem quippe Dei factus est homo" ("Whoever sheds human blood, by human his blood shall be shed, for in the image of God was humanity created"). Also, Exodus 2 1:23-25 contains the familiar eye-for-an-eye directive which allows, but limits vengeance.

God? Cain feels the sentence is excessive because it causes him to fear for his own life.

Although Deus does not provide measure-for-measure justice for the murdered man, the

sentence is rooted in the retributive infliction of punishment for harm done. The strict

sentence of a lifetime of friendless wandering and perpetual hardship could be considered

by many to be worse than death. Although banishment is the biblical sentence. in the play

Cain expresses a great fear of being killed, so in his mind. death is a harsher sentence than

Deus' curse. Vengeance must not be taken to the extreme. For N-Town's Cain, Deus'

sentence is not without mercy.

York's Cain and ~be13' is the only play in which an angel instructs the brothers to

make a sacrifice and an angel stands for Deus in the confrontation with Cain. Having an

angel as the judicial figure creates a parallel, in that as the angel is God's agent in

judgement, so are human judges God's and their sovereign's agents in judgement.38 The

angel enforces God's law and provides God's j~dgernent.3~ Cain's violent, impulsive

personality, which led to his murdering Abel, is further seen in his actions towards the

36 In Jeremiah 15: 15. the prophet also asks God for vengeance against his enemies.

-" This play is incomplete; the incident of the sacrifice and that in which Cain kills Abel are missing from the text.

38 AS may be recalled, York also uses an angel in its treatment of the Adam and Eve story. One possible explanation for this is that since York was the administrative centre of the north, it could be useful and/or flattering to stress that there are individuals who are the counterparts of God (or the sovereign) in dispensing justice. On a simpler level, this creates extra characters, allowing for more roles, so enabling greater participation.

39 Likewise, human judges are the counterparts of God in judgement (as discussed in Chapter I on pages 19,30 and 3 1). and they also enforce their sovereign's laws and pass legal judgements based on these laws.

angel. After the angel delivers Deus' curse. Cain curses him? then later. the audience.

Cain offers an affront to justice - directly to the angel and indirectly to Deus, his true judge

- in the place of justice. Vengeance is stressed in the sentencing, here. too, in that the angel

says. "pe voice of his [Abel's] bloode cryeth vengeaunce" and "That God is greved with

thy greuaunce."41 Again. however. biblical precedent is followed, in that the sentence

combines a small mercy. that of sparing the fearful Cain's life, and strict justice. that of not

allowing him to escape unpunished. As he exits, Cain speaks of his shame and admits that

he does not deserve mercy. but he does not express remorse. Clearly his actions show him

to be someone who deserves more justice than mercy, making his sentence appropriate.

Since the angel stands as a sentencing judge, it is emphasized that in human judgements.

justice should be stressed over mercy.

Towneley's Mactatio Abel also shows Cain as an individual who robs God of due

sacrifice. but in addition. Cain blasphemes, making him a strong example of corrupt

humanity. He has a comically vulgar young servant. Garcio. with whom he quarrels. and

the two contrast sharply with the well-spoken, godly Abel. Cain kills Abel after being

chastised by him for his words and manner, and after only Abel's sacrifice finds favour

with God. After the murder. Cain threatens the audience should they dare think he has

done anything wrong. He also makes a reference to seeking sanctuary when he says.

After Angelus speaks the "rnaladictio dei", Cain retorts: "Take that thyself, evyn on thy crowne" (The York Plays, ed. Richard Beadle [London: Edward Arnold. 19821. Cain and Abel, 11. 87 & 88). This could be interpreted merely as turning the curse back "on the angel's head," or as Cain striking the angel. In performance. striking the angel could be particularly effective for illustrating Cain's wickedness.

4' York, Cain and Abel, 1. 101 & 1. 104.

"Here will I lig thise fourty dayes, / And I shrew hym that me first r a y ~ e . ' ' ~ ~ Clearly, if

Cain was to be given sanctuary it would be an abuse, so by the suggestion. misuses of the

privilege are criticized. Cain quakes with fear of God, yet his outrageous disrespect

continues when Deus asks where Abel is, and Cain ironically suggests that he is sleeping-

As in N-Town and York, Towneley's Deus reports that Abel has cried vengeance: "The

voyce of thi brotherys blode, / That thou has slayn on false wise. / From erth to heuen

venyance ~ryse."~3 God's cursing of Cain is in response to this caLU Despite his

wickedness. Cain seems quietly to accept his divine punishment, saying:

Syn I haue done so mekill syn

That I may not thi mercy wyn,

And thou thus dos me from thi grace,

I shall hyde me fro thi face.

And whereso any man may fynd me,

Let hym slo me hardely ..."

Unlike the other Cains, he does not cry that the sentence is too severe - he is corrupt, and

knows it. After having been sentenced by Deus, Cain decides that he does not want to

42 The Townelev Plavs, EETS SS #13, eds. Martin Stevens & A.C. Cawley (Oxford: OUP, 1994), Mactatio Abel, 11. 342-243.

a Towneley, Mactatio Abel, 11. 353-355.

" As Theodore De Welles explains, in Mactatio Abel God's sentence of banishment also represents the logical conclusion of Cain's own actions, which have been the repudiation of every personal bond feudal society has to offer. ("The Social and Political Context of the Towneley Cycle," [PhD dissertation, University of Toronto, 198 I] p. 156.)

JS Towneley, Mactatio Abel, 11.360-365.

suffer additional human justice: therefore. he plans to hide his brother's body. an action

unique to this play. He even goes so far as to issue a pardon for the murder for himself

and the boy? The overly merciful dealing with himself and Garcio is in contrast to the

limited mercy Deus displayed in not handing Cain a death sentence for his crime. In his

self-pardon, human judgement. especially inappropriate pardonsJ7 or misplaced merciful

judgement, is parodied. The action suggests that strict justice is needed, for a little mercy

may breed acts of excessive, foolish mercy.

The Cain in the Chester play of Cain and Abel does not merely give Deus inferior

produce. he gives that which has been partly eaten by animals. As in the Bible. though not

as in the other dramas, Deus gives Cain advice, warning that sin may destroy him, but

C i n does not heed Deus' words. In anger, shame and jealousy, he kills Abel. After Deus

confronts and curses Cain. he shows a realization of the extent of his sin:

For my sinne soe horrybIe is

and I have donne soe muche amysse,

that unworthy 1 am iwysse

forgevenes to attayne.*

Whereas in N-Town and York Abel's blood demands vengeance, in this play a cry for

vengeance does not motivate the sentencing of Cain; rather, the victim's mercy becomes the

This event. in which Cain makes himself into a combination judgeljustice and cryer, is Further discussed in Chapter W .

J7 The excessive granting of pardons to felons was a serious concern during the period of this play (Bennett A. Brockman, "The Law of Man and the Peace of God: Judicial Process as Satiric Theme in the Wakefield Mactntio Abel." Speculum, 49 [1974], pp. 70 1-703).

48 Chester, The Creation, 11.64 1-644.

explanation for the sparing of Cain's life. Deus says, "That is not thy brothers boone. 1 thy

blood for to sheede."49 Stating that Abel has not sought Cain's death is an effective way of

explaining why the life of a person such as Cain is spared by God, and it also further

contrasts the character of the two brothers. However, unique to this version. it is not only

Cain. but his descendants to the seventh generation who are cursed by Deus. While

humanity may be merciful, God may not be so in the case of mortal sin. The action may

be interpreted as a warning against misplaced mercy. This is also the only version in

which the banished Cain goes to his parents to admit his sin. His confession and

acceptance of his fate. which is unlike other dramatic versions of this story. suggest to the

audience that he is worthy of Deus' mercy. Cdn, however. experiences little mercy from

Deus. While obviously the playwright could take some dramatic license with Cain. it

would be impossible to show Deus pardoning Cain. The handling of the post-murder

events indicates that the playwright felt that murder was not a crime that should be

pardoned, even in light of repentance.

In the Cain episodes justice is stressed over mercy. In all cases, Cain has sinned

specifically against God in his refusal to offer proper sacrifice to his Creator. To

compound his sin, in York he curses God's judicial representative and in Towneley he

blasphemes. C d n also murders a righteous man, indeed, one who prefigures Christ, in

that Abel is an innocent killed by (a representative of) fallen humanity. Though favouring

Abel, God does not save him from Cain, allowing Cain to exercise his free will. Cain is

solely responsible for his sinfulness as every person is responsible for her/his own sins; as

49 Chester, The Creation, 11.652-652. In the biblical source, Abel's blood cries to God, but there is no indication about the specific content of the cry, allowing for different interpretations.

Cain was judged for his sins. so will every person be judged. In the small mercy shown

Cain. it is demonstrated that God's mercy exists, and thus humanity is provided with hope

for the forgiveness of sins. At the same time. in showing a harsh sentence passed against

the sinful (chiefly Cain, but also the individual who might kill him). it is stressed that

although murder has entered the world, it should not be condoned-

In N-Town's Noah (1.95) and Towneley's Noe cum Filiis (1. 127 and I. 15 I ) , Deus

specifically states that vengeance will be taken on humanity for its sins.jO In York's The

Building of the Ark (11. 17- 18) and Chester's Noah's Flood (I. 13) Deus says that

humanity's sinful actions have been personally harmful, though these plays do not use the

word vengeance. All sin is. of course, ultimately a crime against God, so the destruction of

the earth may be considered an act of vengeance. Nonetheless. the idea that the destruction

of the earth is motivated by a desire for vengeance is mitigated in N-Town. for Deus states

that no pleasure is taken in the destruction of humanity. whose fate is deserved (11. 107-

108). Likewise, in York, Deus states, "Bot for ther synnes pai shall be ~ h e n t e ' ' ~ ~ : in

Towneley, Deus states that although humanity should love Him and do His bidding (1. 1 16

& 1. 1 I 1 ) and repent (I . 1 17), they exist in sin: and in Chester. Deus says humanity: "...in

deede and thought I are sett fowle in sinne" and "...non soe righteouse man to rnee [except

Noah] I ys nowe one yeanh li~inge."*~ In all cases, though vengeance is spoken of or

implied, humanity's wickedness, in that they have repeatedly and unrepentantly broken

jo The biblical story of Noah's Ark is found in the appendix, and is provided in the Vulgate (pp. 264-267) and Douay-Rheims (pp. 267-269) versions.

5 ' York, The Building of the Ark, 1. 2 1.

j2 Chester, Noah's Flood, 11. 3-4 & 11. 115-6.

established divine laws, is reiterated. Thus, the idea of vengeance (i.e., infliction of injury

or punishment for harm done for vindictive motives) is minimized, while retribution (i-e.,

impersonal requital of a wrong done) is stressed? Whether interpreted as vengeful or

righteous, God's destructiveness has limits, for only the guilty among humanity suffer:

Noah and his family are not destroyed. Noah is unlike the mass of wicked humanity, for

he is humble, praises God, begs mercy from God. and does God's will. He has lived in an

upright manner. and thus God saves him. This teaches that one should be righteous like

Noah, even in the midst of a sinful world, in order to be saved. Notably. only in N-Town

is Noah's wife an upstanding, obedient woman who is as godly as Noah. In York. Noah

and his wife actually come to blows, and she demands that her gossips and cousins also be

saved from the flood. In Towneley, Uxor Noe is shrewish, argues with her husband, and

resists entering the Ark. In Chester. although at first Noah's wife offers to bring timbers to

help build the Ark. she soon changes her attitude. is unwilling to help. and does not want to

leave her gossips. Noah's wife is an image of wavering humanity although in Chester her

resistance is not solely recalcitrance. but also a display of compassion. for she states that

she does not want her friends to drown. Aside from having a comedic hnction. Noah's

wife exemplifies how a sinful person can be saved through the church (the Ark) and God's

gift of baptism (the Flood). Apart from Noah and his family, humanity as a whole is

described as sinful, and by not being seen, it is suggested that they do not have a

relationship with God as does Noah. The only people seen outside of Noah's family are

the drunken friends of Noah's wife in the Chester Noah's Rood, and the depiction of the

53 AS stated earlier, vengeance is not disapproved of or considered inappropriate in the Old Testament. The main concern is that vengeance should not to be taken too far.

gossips is not likely to arouse much sympathy for their plight." Though Noah's wife

would like to save these people, her compassion is misplaced, for God does not want to

save them. This incident provides a direct example to the audience that there are

individuals who are not deserving of merciful judgement from God or from their fellow

humans. The plays warn of the divine judgment to come at Doomsday. and reflect the

Doomsday judgements -- the good souls are saved. the bad are destroyed.

The story of the Woman Taken in Adultery occurs in N-Town, York. and Chester,

though as stated earlier, the York play is incomplete. These dnmatic versions of the story

follow the biblical frarne.55 In N-Town's The Woman Taken in Adultery, a Pharisee

reports that he and his co-conspirators want to find some way. specifically a "fals

qwarel."56 to destroy Jesus' brand of law. The maliciousness of the Pharisee stands in

sharp contrast to Jesus' mercy. Jesus' worldly nemeses hope to prove Him a hypocrite --

that is if Jesus urges pardoning the woman, He will be breaking Mosaic law. which as a

Jew. He should obey. If He urges enforcing the law, He will be breaking His own law

which calls for mercy.j7 In N-Town. the Pharisee asks that Jesus "gyff trewe dom and

just sentence"5"pon the adulterous woman. but ironically here. as in York and Chester. it

s4 Lamech, his boy, and Cain are seen in the N-Town Noah play, but the incident with these three, who do not interact with Noah or his family, is virtually a separate play within the Noah story.

55 The biblical story of the Woman Taken in Adultery is found in the appendix, and is provided in the Vulgate (pp. 269-270) and Douay-Rheims (pp. 270-27 1) versions.

56 N-Town, The Woman Taken in Adultery, 1.57.

57 It is possible that this motive would have been found in the missing section of the York play.

58 N-Town, The Woman Taken in Adultery, I. 194.

is he and his companions who receive the truest judgement. In all versions of the story,

Jesus writes on the ground, tells the accusers that the one who is without sin may cast

stones, then the accusers realize that He has written their sins in the dirt. Jesus inverts the

situation, and the judges are judged. The incident points to the hypocrisy of the sinful in

making judgements on others. Further, it foreshadows a time when earthly power and

authority will rnean nothing. and the justice of the omniscient. omnipotent God will rnean

all. Jesus as judge frowns upon maliciousness and hypocrisy, finding those who have

these faults more wicked than those they judge, here the adulterous woman. As for the

woman, in N-Town, prior to the realization of the content of Jesus' writing, she cries for

mercy and admits her fault. saying, "For my synnys Abhomynable I In hen I haue grett

repentaunce I I am we1 wunhy to haue myscha~nce . "~~ Though the accusers flee

following the revelation of their sins, the woman stays, and again admits that she is worthy

to die. saying that if Jesus is merciful. she will not sin again, and that she is sony with all

her heart. After Jesus tells her to live an honest life and she swears to amend her ways, she

is allowed to go. In all versions of Jesus' judgement of the woman it is stressed that the

letter of the law is not the most important factor in passing judgement. Though one may

clearly be guilty, if one repents and amends one's life. one will be saved: mercy is available

but must be earned. Jesus concludes the N-Town play by stressing the importance of true

confession, as Confessio, Iusticia and Pater stress it in The Castle of Perseverance, At the

end of the York version, the woman praises Jesus for her salvation, and two apostles

praise Jesus' mercifulness. Jesus closes the sequence by saying that those who will not

forgive their foe will not come to the Kingdom of God. Although this direction is implied

59 N-Town, The Woman Taken in Adultery, 11.21 1-213.

in the other plays on this subject, this is the only version which specifically states that one

must forgive one's foes60 To receive mercy, one must give mercy. In Chester, the

woman swears to amend her ways, and provides a warning to the audience that God

knows all their deeds. The plays criticize hypocrisy. glorify the mercy of Jesus, and show

the means to receive God's mercy.

The events of the story of the Woman Taken in Adultery show the contlict between

Old Testament law and New Testament law, which represent both sides of God's

judgement - justice and mercy -- which have come together in Jesus. Although the

Woman Taken in Adultery is an incident of informal judgement and not an illustration of

actual courtroom practice, the events of the story would have had reflections in the English

concept of judicial equity?' Equity may be defined as the recourse to general principles of

justice and other criteria (such as morality) to supplement or correct Common Law or

statute law, It was not viewed as an alternate form of law, rather it was viewed as a

supplement to Common Law?' Equity was primarily a feature of Chancery Courts,

though it was not invented by the Chancellor: its source was inherent in royal extraordinary

powers and the king's oath to do justice and mercy. Individuals came to the Chancery

when they felt that their adversary was too strong for the law or that the law had no remedy

- --

(jO?he notion is not without biblical precedent, for in the Lords Prayer (Luke 1 1 2 - 4 and Matthew 6:9- 13) the following is found: " ... et dimitte nobis peccata nostra siquidem et ipsi dirnittimus omni debenti nobis ..." ("And dismiss [i-e., forgive us] our sins since we forgive all our debtors").

6 i Equity is further discussed in Chapter VI, in reference to The Merchant of Venice.

6z Historical Introduction to L e d Studies, p. 148.

for their situation.63 "(T)he Chancellor was the keeper of the kin, 0's conscience and the

Court of Chancery became known as a coun of con~cience."~ Equity pertained

particularly to fraud. breach of trust. wrongs. and 0ppression.~5 As in Jesus' judgement, in

the Equity Courts there were factors more important than the letter of the law. Jesus'

version of law has the purpose of mitigating the rigours of Old Testament law: in England,

equity came into play to mitigate the rigours of the Common AS M.H. Ogilvie

writes:

Equity came not to destroy the law but to fulfil it. Thus Equity provided

new rights, new procedures and new remedies. Equity had regard to the

individual circumstances of the litigants and molded its rules accordingly,

unlike common law which applies rules regardless of their personal

appropriateness.67

Due to the popularity of the equity courts. as indicated by the Common Law couns'

complaints that their business was being stolen from them. it is not impossible that many

63 A Historv of the English Couns, p. 92.

Historical Introduction to Legal Studies, p. 149.

65 "Epieikeia", Introduction and Notes. p. 479.

66 Moreover, Meredith writes, "Despite the fact that Christ emphasised that he came to fulfil the law of the Old Testament (Matthew v. 17) and that the Ten Commandments were one of the bases of his teaching, the Old Law. the Laws of Moses and the Synagogue together, are frequently used in the Middle Ages to symbolise the rigour of justice without mercy. and therefore of harshness, cruelty. and even injustice" (The Passion Plav from the N. Town Manuscript, ed. Peter Meredith [London and New York: Lonaman, 19901, p. 172).

67 Historicd Introduction to Legal Studies, p. 148.

members of the audiences of the Biblical Plays could have had some familiarity with the

various courts, and could have made a connection between secular and divine equitable

judgements.

While the sermon-writers stressed God's righteousness in judging a soul. the writer

of The Castie of Perseverance took a view of a more merciful God. more fitting with the

God of the Woman Taken in Adultery stories. The soul. of course, is not being tried at

Doomsday. At the end of the play, after the four daughters of God have presented their

cases to God. the judge of the soul. He orders the sinful soul rescued from hell and taken to

heaven. While the opinions of the four daughters are not difficult to forecast. God's final

verdict is not so easily predicted.

At the opening of The Castle of Perseverance, Humanum Genus, the representative

human figure. is given a good angel and a bad angel to accompany him along his life's

journey. Most importantly, he is given "fre arbitration" about how to act and whom to

follow. Kummum Genus is shown to be clearly responsible for his own actions and it

does not take him long to be swayed by the words of his bad angel to abandon his good

angel. Knowing that Humanurn Genus wants to save his soul, Malus Angelus tempts

him. telling him to live freely until he is old. and then. "Wanne Pi nose waxit cold, / pame

mayst pou drawe to goode."6"This suggestion is full of deceit, for as Malus Angelus

knows, covetousness only increases with age.69 Malus Angelus feels that Humanum

Genus will never leave his evil ways once he starts down that path, therefore repentance

68 The Castle of Perseverance, pp. I- 1 1 I, in The Macro Plavs, EETS OS #262, ed. Mark Eccles (London: OUP, 1969)- 11.4 18-4 19.

69 This is the primary sin of the play, and is given its own scaffold.

will never happen, and he will be doomed to hell. Indeed, Humanum Genus does not have

an eye for eventual repentance; rather, he is overconfident in the mercy of God as judge:

Why1 I dwelle here in werldly wyse,

I recke neuere of heuene wonde

Nor of Jhesu. pat jentyl justyce.

Of my sowle I haue non rewthe.

What schulde I recknen of domysday

So put I be ry che and o f gret aray?70

Hurnanum Genus sees Jesus as a "gentle justice." and feels assured of receiving mercy in

the end, regardless of the life he has led and regardless of the fact that he has sworn to

forsake God and God's service. Earthly concerns are more important than worrying about

his final judgement. Bonus Angelus also refers to Jesus as a gentle justice, but unlike his

confident charge, he is not assured of the ultimate salvation of Hurnanum Genus: "Alas.

Jhesu. jentyl justyce ... Now schal careful Coueytyse I Mankende trewly a1 schende. / Hys

sely goste may sore a g r y ~ e . . . " ~ ~ Bonus Angelus envisions a primarily righteous God,

unlike Hurnanum Genus who envisions a merciful God.

Humanum Genus' worldly living briefly ends after a visit by Confessio and

Penitencia, for he confesses and receives absolution, saving himself via the church's

sacrament. However, Malus Angelus urges Hurnanum Genus to resume his worldly

ways, saying he has no need yet for repentance: "pou art forty wyntyr olde, as I gesse. /

Goo ageyn, pe deuelys mat, / And pleye pe whyle wyth Sare and Sysse ... Late men pat am

7O Catk, 11.602-607.

Castle, 11.789-793.

on pe pyttys brynke ... do penaunce ..."7' According to Malus Angelus, Humanum Genus

is too young to worry about the end of his life. and so may live as he would. Again, this is

deceitfid for one is not assured of a long life with ample time for repentance. Indeed. the

sermon material warns that repentance and pleas for mercy should not be delayed. When

Humanum Genus falls again to the wiles of Avaricia. the Virtue Humilitas states. "God

hath jouyn hym a fre ~ y i l e . " ~ 3 The audience are repeatedly reminded that they are

responsible for their own actions and sin through their own fault. thus they will have to

answer to God for their own deeds.

Mors comes suddenly to strike Humanum Genus down as he revels in his

reclaimed wealth. When he receives no aid from his presumed friend Mundus, Humanum

Genus realizes the error of his worldly ways, and utters last words which are a mixture of

resignation and last-breath plea for mercy:

I deye certeynly.

Now my lyfe I haue lore.

Myn hert brekyth, I syhe sore.

A word may 1 speke no more.

I putte me in Goddys mercy?

Humanum Genus, as may be recalled, had lived a worldly life. seeing God as an all-

merciful judge, a "gentle justice." Now identified as Anima. he repeats that his last words

were a plea for mercy, saying. "'Mercy', Pis was my last tale I pat euere my body was

72 Castle, 11. 1575- 1583.

73 Castle, 1. 2560.

74 Castle, 11.3003-3007.

a b o ~ t h . " ~ ~ He begs Bonus Angelus for help. stating again that his last words were a cry

for mercy: "I hope pat God wy1 helpyn and be myn hed / for 'mercy' was my laste speche:

/ pus made my body hys ende."76 Malus Angelus calls the audience as virtual witnesses

for the prosecution of Anima. as he accuses: "Wyttnesse of all pat ben abowte. / Syr

Coueytyse he had hym ~ w t e . " ~ ~ Reasonably, the bad angel sees hell as the proper

destination for the sinful man. Bonus Angelus also fears the worst due to the sinfulness of

Humanurn Genus and the power of righteousness:

pou muste to peyne, be ryth resun.

Wyth Coveytyse. for he is chesun.

pou art trappyd ful of uesun

But Mercy be Pi sucowre.

For ryth we1 pis founde I haue

A3eyns Rythwysnesse may I not holde.7"

Justice requires that Anima go to hell. but again Anirna asserts the power of mercy. saying,

"But Mercy pase alle pynge? As Malus Angelus happily goes to hell with his terrified

captive, the four daughters of God. iklercy, Justice, Truth and Peace. enter. These are to

give judgement on the ultimate fate of the soul. and at this point, it is not clear what will be

the end of Anima. Certainly the contextual material quoted in Chapter I ieads one to expect

75 Castle. 11. 3008-3009.

76 CC;LS~? 11. 3027-3029.

77 Castle, 11. 3030-303 1.

78 Castle, 11.3043-3046.

79 Castle, 1. 3063.

that Anima will remain in hell.

Misericordia is the first to speakH0 She has heard the repeated calls For mercy, and

states. "Whanne man crieth mercy, and wyl not ses. 1 Mercy schal be hys ...." justifying this

statement by saying:

For pe leste drope of blode

?at God bledde on pe rode

It hadde ben satysfaccion goode

For a1 Mankyndys werke.81

According to Misericordia, Jesus' sacrifice on the cross is enough satisfaction for

Hurnanum Genus' sinful life. Unfortunately lusticia is not impressed, and counters:

He muste it [mercy] aske wyth love and drede:

And eueryman pat wyl tiiifyll

pe dedly synnys and folw mysdede

To graunte hem mercy me pynkyth it no skyLH2

Iusticia points out that Hurnanum Genus had lived a life of sin. saying that his last-minute

cry for mercy was made out of fear of just punishment, and so it was shallow and

unsatisfactory. therefore to grant him mercy would be foolish. She questions the veracity

of his repentance for his actions do not make him merit mercy. Veritas is quick to side

with Iusticia: "Rytwysnes, my systyr fre. I sour jugement is good and trewe ... Late hym

Several key points in their debate will be seen again in Chapter V. in Promos and Cassandra.

Castle, 11. 3 144-3 145 & 3 147-3 150. The saving power of the blood of Christ was also found in the quotation from Dr. Faustus, which was used earlier in this chapter.

Castle, 11. 3 154-3 157.

hys own dedys rewe."*3 Veritas says that it is she who is responsible for attending people

at their deaths, and for weighing their good deeds and sins. and her judgement is as

follows: "Syth pat he deyed in pat coveytous synne, / I, Trewpe. wyl pat he goo to pyne?

Not only is she concerned that Anima should suffer for his sins committed while living.

she is concerned about the poor example a lack of punishment would set:

Ellys schuld we. bope Trewpe and Rytwysnes.

Be put to ouyrmekyl dystresse

And euery man schuld be pe wers

pat perof myth here tell?

Being strict opposites. Mercy and Justice cannot come together on their own to render

judgement. so Pax suggests bringing the matter to the Trinity. Unlike the daughters. God

is a judge who encompasses all, not just one of these attributes.

The daughters, like lawyers. put their case before Pater the judge.86 Iusticia and

Veritas represent the prosecution and Misericordia and Pax. the defence. Veritas. speaking

first. uses a proverbial statement to preface a warning:

Lete hym drynke as he brewyth!

Late repentaunce if man saue scholde,

WheyPyr he wrouth we1 or wyckydnesse,

*3 Castle, 11. 3 177-3 180.

Castle, 11.3 194-3 195. The weighing of the good deeds and bad foreshadows her later argument before Deus. that Humanum Genus never performed the Acts of Mercy. thus does not deserve mercy.

85 Castle, 11. 3 199-3202.

86 Pater is later described as "Pater sedens in Iudicio" (1. 3597 sd).

panne euery man wold be bolde

To trespas in trost of foyjevenesse.87

According to Veritas. if Humanum Genus receives mercy, people will feel free to sin,

assured of mercy, and this clearly should not be encouraged. Misericordia counters, saying

that if humanity had not been sinful, she would never have existed. and reiterating that the

Ieast drop of blood spilled at the crucifixion makes satisfaction for the sins of Humanum

Genus. She also feels that Humanum Genus was truly contrite. something that Iusticia had

earlier disputed. The third speaker is Iusticia. who says that if h i m a is spared from hell.

then Pater is acting against His own laws. and she sums up by saying again that Humanurn

Genus was not truly contrite:

Ouyrlate he callyd Confescion:

Ouyrlyt was hys contricioun;

He made neuere satisfaccioun.

Dlunpne hym to helle belyve!g8

Her words express the belief in the efficacy of the Church's sacrmental system to cleanse

one of sin, something of which Humanurn Genus did not avail himself before death.

Misericordia says that mercy is above all, but Veritas challenges that Humanum Genus is

not worthy of mercy. because he never performed the corporal Acts of Mercy.89 Pax is

the final speaker, who urges that there be peace between the sisters. and that Anima be

87 Castle, 11. 3274-3278.

s8 Castle, 11. 3427-3430.

89 As stated earlier, in Matthew 25, Jesus Himself says that those who do not perform the Acts of Mercy will go to hell. This requirement, as will be seen, is the Last Judgement plays' determining point for who will go to heaven and who to hell.

restored. The prosecution has presented a better case to the Divine Judge and to the

audience who sit in judgement.

When Pater delivers His judgement, He also explains how the decision was

reached,

My jugement I wyl3eue 3ou by

Not aftyr deseruynge to do reddere.

To dampne Mankynde to turnentry,

But brynge hym to my blysse ful clere

In heuene to dwelle endelesly,

At sour prayere forpi.

To make my blysse perfyth

I menge wyth my most myth

Alle pes, sum treuthe, and sum ryth,

And most of my mercy.g0

Pater concedes that Humanum Genus deserves to be damned, that is, Veritas and Iusticia

are correct; however, He finds the existence of mercy and continuation of peace to be more

important. For there to be order in heaven, things must be decided in Animals favour.

Perfect judgement therefore consists of a blend of the four disparate aspects of justice. Ln

the end Humanum Genus was correct in his belief that he would receive mercy from the

"gentle justice," but mercy was doubtlessly not dispensed as easily as he had expected.

Pater says that divine mercy quenches sin. but provides a stem warning about Doomsday,

which answers Veritas's earlier concern that if mercy be shown to Humanum Genus, a bad

90 Castle, 11. 3564-3573.

example is set:

All pe statys of pe werld is at myn renoun;

To me schd pei 3eue acompt at my dygne des.

Whanne Myhel hys horn blowyth at my dred dom

pe count of here conscience schlll putten hem in pres

And 3eld a reknynge

Of here space whou pey han spent,

And of here trew talent,

At my g e t jugement

An answere schal me brynge.

*.*

And I schal inquire of my flok and of here pasture

Whou pey haue leuyd and led here peple sojet.

pe goode on pe ryth syd schul stond ful sure:

pe badde on pe lyfte syde per schd I set.

pe seuene dedys of mercy who so hadde vre

..-

I schal hyrn qvyth;

Heuene blys schal be hys mede.

...

And pei pat evyl do, pei schul to helle lake

In byttyr balys to be brent: my jugement it is?'

9 i Castle, 11. 3663640.

At the end of time all people. including the great. both secular and religious. will have to

give an account of their actions. All will be judged by God. As in Matthew 25. the good

will be on God's right, the bad on the left, and only those who had performed the Acts of

Mercy will be saved. Earthly good or wickedness will be requited by God. It is clear that

at Doomsday Iusticia will have her satisfaction -- while h i m a has been saved. not

everyone will be. This provides a warning for any audience members who may do as

Veritas fears. that is. follow the example of living sinfully. in assurance of final mercy.

The mercy of God shown in this play provides hope for the sinful that they are not

doomed to hell. The audience are taught the means of salvation. and is cautioned by the

speeches of Iusticia. Veritas. and Pater. Importantly, it is stressed that salvation is not

guaranteed. Based on Pater's closing comments. Anima's reprieve is virtually an exception

to the rule. Clearly, the playwright was careful not to portray God as too lenient a judge.

doubtlessly suspecting the sinful nature of humanity.

In The Castle of Perseverance, God is portrayed in more of a judicial capacity than

in N-Town's The Parliament of Heaven. Although in both plays the four daughters debate

the post-mortem fate of humanity. in the former there occurs the post-crucifixion trial of a

soul. and in the latter. no soul is being examined. The Parliament of Heaven is expository

of the events that will be seen in succeeding plays of the N-Town group, specifically the

reconciliation between God and humanity by means of the coming and sacrifice of Jesus.

The daughters present arguments, like attorneys, and the final decision about whether to

redeem or not to redeem humanity, and how to redeem humanity, is left up to the Trinity's

judgement. However, since God has already made the decision for reconciliation, the

debate on humanity's worthiness for redemption has even less force, for Misericordia and

Pax have already won. In The Castle of Perseverance and The Parliament of Heaven, the

focus of the ending of the plays is to show the mercy of God over God's truth and

righteousness.

Four Homiletic Tragedies show God as judge by means of allegorical

representations of aspects of God. The chancten and plays include God's Visitation in

The Trial of Treasure, God's Plague in Enough is Good as a Feast, God's Judgment in The

Loneer Thou Livest The More Fool Thou Art, and Godly Admonition in All for Monev.

The characters' names are suggestive of strict justice rather than mercy, and in these plays

the main function of the judicial figure is to dispense punishments or to warn of the

punishments destined fcr the wicked. Where there is a contrasting good character. the

judicial figure also dispenses reward. In the dual sentencings are reflections, as will be

seen, of the earlier Last Judgement sequences of the Biblical Plays.

In The Trial of Treasure, the wicked character Lust enjoys a life of drinking and

pleasure, and associates with the play's Vice, Inclination, with wicked characters such as

Greedy-Gut, and with worldly chamcters such as Treasure. Lust admits to Inclination that

he is sometimes troubled by thoughts of Judgement Day, but then "...to the entent to dryve

them awaye. / I either go to sleepe or els to some playe."" He does not think about his

end. or about amending his life, he simply avoids considering the eventuality. In convast

to Lust, Just is godly, sober, and associates with characters such as Sapience. While Lust

is happy in his sinful existence, God's Visitation arrives:

I am Gods minister called Visitation,

Which divers and many waies you may understande

Sometime I bring sicknes. sometime. perturbation,

92 The Trial of Treasure, The Tudor Facsimile Texts, Vol. 122, 1908. sig. B2.

Sometime trouble and misery throughout the Imde.

Sometime 1 signifie gods wrath to be at hande.

Sometime a foreronner of distruction imminent,

But an exectuter of paine I am at this present.

Thou insipient foole that hast folowed thy luste,

Disdaining the doctrine declared by Sapience, ...

Euen nowe I am come from visiting the Just.

Because God begimeth fist with his elect. ...

But nowe I am come to vexe thee with paine. ...

Thou shalt knowe that both she [Treasure] and pleasure is vaine.

And that the almighty thou canst not rn0cke.~3

Here. as in other plays such as The Castle of Perseverance, visitation happens when one

least expects it. God's Visitation explains that he has various functions. but in this play he

represents God's retributive justice. As in the Last Judgement plays where the good souls

are addressed by God first. this text speaks of God's Visitation coming f i a t to the good

character. Mercy is dealt to the virtuous Just, who is crowned by Consolation. In contrast.

Lust's behaviour has been an affront to God. and he deserves no mercy, for he has actively

avoided even the thoughts which could have saved him. God has condemned Lust. and so

God's Visitation strikes Lust harshly - he will turn to dust. and his beloved Treasure to

rust. The balancing of the scene is similar to that which occurs in the Last Judgement

plays. but the balance in The Trial of Treasure is weighted more to the strict justice which

Lust receives, thus the play endeavours to teach by negative example.

93 The Trial of Treasure, sig. E 1.

The character Moros in The Longer Thou Livest The More Fool Thou Art, like

Lust does not have a redeeming moment. Rather than associating with characters such as

Discipline and Piety, he associates with impiety, Idleness, and Wrath. In addition to living

a wasteful life, Moros becomes an oppressor. The representative chancter People speaks

against Moros and those who work for him:

We in his circuit be oppressed:

For remedy we wot not wither to go

To have our calamity redressed.

Unto God only we refer our cause:

Humbly we comrnit all to his judgme~t,

We have offended him and his holy laws:

Therefore, are we worthy of this punishment?

The helpless chancter refers his cause to God for judgement, at the same time

acknowledging that his sinfulness makes him deserve punishment. He is helpless and

repentant. the sort of person who. as has been seen earlier in this chapter, deserves judicial

relief and mercy. As such. not long after this sorrowful speech by People. God's

Judgement anives (with a "terrible visureW95) and saves People by passing judgement

against Moros:

94 W. Wager. The Longer Thou Livest The More Fool Thou Art, in The Longer Thou Livest and Enoueh is Good As a Feast, pp. 3-78, ed. R. Mark Benbow (Lincoln: University of Nebraska Press, 1967), 11. 1736- 1742. The word "circuit" could suggest a judicial circuit and the reference to seeking redress likewise could suggest a legal action. If so, Moros is also a wicked judge.

95 The Longer Thou Livest, I. 1758sd. According to the OED, "visure" may mean face, appearance, or mask.

I represent God's severe judgment.

Which dallieth not where to strike he doth purpose.

Hither I am sent to the punishment

Of this impious fool. here called Moros

Who hath said there is no God in his heart.

His holy laws he has stoutly blasphemed ...

For as much as vengeance to God doth belong

And he is a God of power. mighty and strong,

The fools shall know by experience.

With a sword of vengeance I strike thee.%

The sinful Moros is struck by the sword of God's justice, causing him to fall ill. As

mentioned in reference to other plays, in this an emblematic image is created of the divine

destruction of the sinful. Unusually. God's Judgment suggests that Moros can still call for

mercy. The suspicion that such a thing will not happen is quickly confirmed when God's

Judgment adds that Moros can call for mercy only if he has grace." Though theologically,

the potential exists for anyone to have grace. Moros is clearly one who does not enjoy this

divine gift. for as God's Judgment had said of him in the quotation: "...this impious fool.

here called Moros ... hath said there is no God in his heart."gs Thus Moros, not being -

94 The Longer Thou Livest, 11. 1763- 1768 & 1787- 179 1.

97 This is Protestant doctrine. It is clearly a different, less generous philosophy than found in earlier plays such as The Castle of Perseverance. In these, anyone may ask for mercy, so everyone has the potential to be saved; here, only those who have divine grace may even beg mercy-

98 The sentiment expressed in this phrase opens two almost identical psalms, i-e., Psalm 13: 1 and 52: 1.

blessed with grace. ignores the pangs brought by God's Judgment. calls for wine. does not

repent. and so is visited by Confusion, also sent by God's Judgement. Though Moros has

Lived a sinful life like Humanum Genus in The Castle of Perseverance, unlike Humanum

Genus. Moros is unwilling to call on God's mercy. Mercy is not requested and is not

given. Unrepentant to the end. Moros receives strict. just judgement as Confusion carries

him to hell on his back,

As in The Castle of Perseverance, in Enoueh is Good as a Feast the main sin of the

protagonist. Worldly Man. is falling into covetousness. He experiences a brief conversion

by Heavenly Man, but easily falls to the Vice Covetous' overtly reasonable arguments

about the merits of money. Not surprisingly, Worldly Man takes his concern with money

too far. and oppresses the weak. When visited by a Prophet. Worldly Man does not listen

to his words:

His master shall come suddenly. or he be aware.

And shall minister him according to justice.

The portion of hypocrites shall be his:

Into utter darkness cast him out will he

Whereas weeping and gnashing of teeth shall be."

The Prophet echoes biblical warnings, but instead of seeking true help. Worldly Man asks

the Vice to bring his useless chaplain, Ignorance. Worldly Man receives repeated

warnings, as do characten such as Lucifer in the Biblical Plays. and like them, ignores

them. As he sleeps. Worldly Man is visited by God's Plague, who sentences him to

99 W. Wager, Enough is Good as a Feast, in The Loneer Thou Livest and Enoueh is Good as a Feast, pp. 8 1 - 146, ed. Mark R. Benbow (Lincoln: University of Nebraska Press, 1967 j, 11. 1204- 1208.

illness. loss of his wealth. house and lands, and death. God's Plague says of the

judgement:

I am the plague of God properly called

Which cometh on the wicked suddenly:

I go through all towns and cities strongly walled,

Striking to death, and that without mercy. loo

Again. visitation is unexpected, and strict justice is stressed over mercy. In his relating of

his dream vision to Covetous. Worldly Man describes the encounter:

0 what great pains and torments I thought myself in.

Lying in fire which to bum never did lin,

And methought before me the Plague of God did stand

Ready to strike me with a sword in hand.

And ever I asked him what was the cause,

He answered that I was a transgressor of God's laws.

Like God's Judgment in The Longer Thou Livest, God's Plague, too, is armed with the

sword of God's justice, a weapon which in the Biblical Plays is seen in an angel's hand.

Worldly Man has broken God's laws and so deservingly suffers according to God's

judgement. To balance the scene, as in the Last Judgement plays and The Trial of

Treasure, the good character is rewarded, as God sends Rest as a reward to Heavenly Man.

As in The Trial of Treasure, though both judgements are seen, the emphasis is on the

punishment of the breaker of God's laws, not on reward for the godly, teaching by negative

example.

Godly Admonition in A11 for Monev does not act as judge: however. in his words

and function divine judgement is suggested. In this play. money is literally the source of

evil. By means of a perverse sequence of birth pangs. the character Money brings forth

Pleasure. who brings forth Sin. who brings forth Damnation -- all literally. Various

nefarious human figures, all friends of Money. come to the avaricious character All for

money. seeking aid in Furthering their evil desires. Through the warning speeches of the

damned figures of Judas and Dives.lol and the words of Godly Admonition. the fate of

those who do not repent and who do not assist the poor is described. Godly Admonition

restores order to the dramatic world, and cautions:

Who dies without repe(n)tmce thus Darnnatio(n) them dites ...

But such as have any grace, this will them stirre and move

To cast their love from money and other pleasures also

For feare they dwell with the devill. their cruel and mortal1 foe

To late then to repent as Judas and Dives did

There is no helpe in hell for then Gods mercie is hid,

Therefore I am come, called Godly Admonition,

warning you to repent before your breathe be gone,

For feare you bring your selfe to endles damnation.1°2

In Godly Admonition's words are found the familiar warning that mercy must be asked

'0' Dives is the wealthy man from Luke 16: 19-3 1. Dives finds himself in hell because during life he had not performed the Acts of Mercy for the ill, poor man Lazarus, who had begged outside his door.

Thomas Lupton, All for Monev, The Tudor Facsimile Texts, Vol. 70, 19 10, sig. E3.

during life (as in The Castle of Perseverance) and performed during life (as in the

Doomsday plays). One should not delay repentance and asking for mercy. for one's end

comes unexpectedly. While Godly Admonition does not sentence anyone to hell. he

provides a warning of what will be God's judgement against the sinful. There is also an

implied sentencing of the wicked people in the play.

In these plays. the ultimate direction of God's judgement against characters is clear.

There is never any chance that Lust, Moros. Worldly Man, or All for Money would have a

true conversion, as does, for example, the adulteress in the Woman Taken in Adultery

plays. Similarly, there is never a chance that characters such as Just or Heavenly Man

would become corrupt. No debate is needed over the fate of the characters. for they are not

representative of wavering humanity. or a good person who has had a momentary lapse,

they are either virtuous or wicked. Their names indicate that they are set in their ways and

they are not repentant and do not cry mercy, unlike characters such as the adulteress or

Humanum Genus. These wicked characters do not consider God or on their end. and they

avoid the company of those who could help them to turn to God. Further, the sinful do not

have divine grace, and therefore will not and cannot be saved. Though their wickedness is

endured for a time, divine justice is swift. and strikes them when they are completely

unprepared for it, as happened to Humanum Genus in The Castle of Perseverance. In

these Homiletic Tragedies, all from the second half of the sixteenth century. God could not

be the character dispensing judgement because of Protestant restrictions on the

impersonation of God.103 Though justice is dispensed by another, as occurs in earlier

103 Huston Diehl, "'To Put Us in Remembrance': The Protestant Transformation of Images of Judgment," pp. 179-208, in Homo. Memento Finis: The Iconoeraphv of Just Judgment in Medieval An cmd Drama (Kdamazoo: Medieval Institute Publications, 1985), pp. 186-187.

plays where the Archangel Michael or another angel delivers the sentence. the judicial

figure is strongly connected with God, and the judgements are as much God's as if

delivered by God.1m As in the Last Judgement plays, the audience are shown the qualities

associated with the wicked and the good. and they are shown that the wicked receive strict

judgement while the virtuous are rewarded. The main focus is divine retribution against

the sinful.

The plays that have been discussed to this point enact events that have occurred in

the past. or contemporary to the audience's experience. The remaining plays deal with a

time in the indefinite future. The tint play is found only in the Chester group of plays and

concerns the Antichrist!" The last works in this chapter concern Judgement Day, and are

found in N-Town. Towneley, York and Chester. In The Antichrist, the title character

claims to be Christ, and tries to convince four kings to believe in him by demonstrating his

supposed powers. He raises two dead men, then dies and raises himself. After these

miracles. the kings believe that the Antichrist is Christ, and worship him. but Enock and

l M There are other plays of the Homiletic Tragedy type that include characters such as God's Judgement. etc.; however, they will be discussed in Chapter UI, for they point more to secular than divine judgements.

105 The brief reign of the Antichrist has its source primarily in 1 John 2: 18 & 22.2 Thessalonians 2:3- 1 1, and Revelation 1 1 and 13.

Heliaslo6 appear to confront him. and to prove him a fnud. Since the two resurrected men

cannot eat the bread blessed by these two prophets. they are proven to be evil entities. and

the four kings abandon the Antichrist. In revenge. the Antichrist kills the prophets. At this

point. the Archangel Michael appears "cum gladio in dexten sua"Io7 the sword

representing God's justice, and he passes God's judgement against this tool of the devil.

The play teaches that God may allow evil to prosper in the world for a little time. but the

wicked will in the end experience God's justice. The judgement is death. for the Antichrist

was engendered in sin. and lived a life of sin. serving only the devil. He is like the wicked

characters of the later Homiletic Tragedies - one who would never experience a

conversion. Following Revelation 1 1:3-13, God also judges that Enock and Helias will be

taken to heaven. Prefiguring the dual judgements of the Last Judgement plays. God.

through his agent Michael. passes a strictly just sentence against the evil Antichrist and

rewards the two innocent and faithfir1 prophets.

According to the New Testament. the individual sitting as judge at Doomsday will

be Jesus. John writes that God raises the living and dead, but has left judgement to the

Son: "sicut enim Pater suscitat mortuos et vivificat sic et Filius quos vult vivificat neque

enim Pater iudicat quemquarn sed iudicium omne dedit Filio ut omnes honorificent Filium

1°6 These are Old Testament prophets. According to Genesis 524. Enoch was a godly man who was taken directly to heaven. In I Kings 17 and 18, Helias (Elijah) continued to worship Yahweh when much of Israel had turned to Baal. and in a contest to see whose god was the true God, he defeated the 450 prophets of Bad. In medieval tradition. Enoch and Helias are not only the opponents of the Antichrist, but are representatives of Christ (Richard Kenneth Emmerson, "'Nowe ys common this daye': Enoch and E l k , Antichrist, and the Structure of the Chester Cycle*'. in The Chester Mystery Cvcle - A Casebook, pp. 17 1- 198, ed. Kevin J. Harty [New York: Garland Publishing Inc.. 19931, p. 176).

Io7 Chester, The Antichrist, 1. 624 sd. "With a sword in his right hand."

sicut honorificant Patrem."io8 The image of God at the Judgement Day is most clearly

seen in Matthew 25 and in Revelation 70.109 In these. souls are judged according to their

deeds. Specifically in Matthew 25 judgement is based on whether or not one has

performed the Acts of Mercy. In Revelation 20, the great and small are judged by God

according to what is written in the books, and the writing can be interpreted as the laws of

God and the deeds of the dead. including the Acts of Mercy. l o All those whose deeds fall

short are cast from God's presence into the lake of fire. These passages became the main

focus of the Biblical Plays' vision of Judgement Day. In the Biblical Plays, as in Matthew

25. the souls are divided with the good on the right and the bad on the left. and are

commonly judged according to whether or not they have performed the Acts of Mercy.

The judge is Jesus. Deus (meaning ksus) , or Jesus appearing with Deus. Books figure in

the Last Judgement plays of Towneley and Chester, where it is the devils who bring books

of evidence against the souls. The notion of having to yield account for one's life also is

suggestive of books, specifically ledger books.' 1 1

A forewarning of the final judgement occurs in N-Town's and Towneley's prophet

108 John 5 2 1-23. "Thus. as the Father raises the dead and gives them life, so the Son gives life to anyone He chooses. For the Father judges no one. He has entrusted all judgement to the Son, so that all may honour the Son as they honour the Father."

lo9 The texts of Matthew 253 1-46 and Reveiation 20: 1 1- 15, which describe Judgement Day, are found in the appendix, and are provided in the Vulgate (pp. 27 1-272 & p. 273) and Douay-Rheims (pp. 272-273 & p. 274) versions.

110 This idea was also seen in sermon material, for example: "Bookis schullen be openede panne, and men schullen knowe per owne dedis, bope goode men and yuele" (English Wvcliffite Sermons, Vol. 1, p. 488, Sermon 3,11. 44-65).

In a quotation used earlier, Mankind's Mercy warns of having to "3elde yowr

acownte" to God at Doomsday.

plays and in York's The Entry into Jerusalem, Jesus is hailed as the one who will sit as

judge at Doomsday. In N-Town's Jesse Root, Habakuk identifies himself. and then Jesus,

who will in the end judge the people of the earth:

I, Abacuch prophete, holde wele with the.

Whan he is resyn he xal up stye,

In hevyn as juge sitt in his se.

Vs for to deme whan we xal dye. l 2

Later Baruch w m s that those who act against God will suffer at the end of time: "...al his

fomen ageyn hym pat pres, / Ryght a g y m syre at Domysday xai he be."! l3 In

Towneley's Prophetae, the pagan Sybil foresees the coming of Christ and Doomsday:

A new kyng comes from heuen to Qght

Agans the feynd. to wyn his right:

so is his mercy heynd.

All the warfd shall he deme.

And that haue seruyd hyrn to wheme,

Myrth thaym mon betyde ...

No man may hyrn hyde.

Bot thay shall in thare flesh ryse,

That euery man shall whake and gryse

Agans that ilk dome.' l4

!!' N-Town, Jesse Root, 11.85-88.

"3 N-Town, Jesse Root, 11. 127- 128.

Towneley. Prophetae, 11. 172- 183.

All will be judged, none can hide, and the good will be rewarded, the evil punished. Her

words are reminiscent of those found in the sermon material. The Sibyl also speaks of the

son of judgement that will be given:

Then shall helt gape and gyn.

That men may know thare dome therein

Of that hye iustyce.

That ill haue done, to hell mon go;

And to heuen the other also,

That has been rightwys. l 5

She emphasizes that not all will be saved, only the righteous; the wicked will go to hell.

Signiiicmtly, these abovementioned plays occur quite some time before the Last

Judgement plays, thus reminding the audience that the time of judgement. no matter how

remote it may seem, must be kept in mind. Finally, in York's The Entry into Jerusalem,

the last burgess of Jerusalem identifies Jesus as the judge people will meet at Doomsday,

saying: "Hayll domysman dredful, pat all schall deme. I Hayll pat all quyk and dede schall

Iowte . . . " I l6 The descriptions point to a just, not a merciful judge at Doomsday. as do the

sermons.

N-Town, York, Towneley, and Chester each include a Last Judgement play, though

as noted earlier, N-Town's and Towneley's plays are incomplete. Since the Last Judgement

plays deal with the end of time, they would naturally be the last plays presented. In York.

the importance of putting on an impressive show can be seen in the fact that it was the

l 5 Towneley, Prophetae, 11. 205-2 10.

116 York. The Entry into Jerusalem, 11.538-539.

wealthiest guild. the Mercers. that was responsible for staging this play. As was stressed

in the Bible, the sermons, and the final speech of Pater in The Castle of Perseverance, at

Doomsday, the time for God's mercy is past. and humanity faces a righteous God.

Jesus descends from heaven at the opening of N-Town's Judgement Dav,

accompanied by archangels Michael and Gabriel. Michael speaks t - i t . calling all the world

to judgement:

Svirgite! .411 men aryse!

Venite ad Judicium!

For now is sett pe hy3 justyce

And hath assygnyd pe Day of Dom.

Rape 3ow redyly to pis grett assyse,

Bothe grett md small, all an sum!

And of 3oure answere 3ow now avyse,

What 3e xal sey whan pat ge cum,

3owre ansuere for to telle.

For whan pat God xal gow appose.

Ther is non helpe of no glose.

The trewth fir1 trewlye he wyl tose

And send jow to hevyn or helle.ll7

Jesus, the high justice, has chosen the Day of Doom, so all, great and small, must come to

His coun with their answers as to how they have led their lives. As stated in the sermons.

l 7 N-Town, Judgement Day, 11. 1- 13. The reference to the "assyse" (assize) would have given a touch of familiarity to the Archangel's summons.

no earthly status matters at Doomsday. Michael says that the people will be examined, and

that there will be no help from lengthy explanations. for God knows the truth. and will

send people to their ultimate destination of heaven or hell. Gabriel also tells ail to hurry,

and states that no one can avoid this day. when everyone's deeds will be seen openly. In

Judgement Dav, the method used to show the sins openly. as the devils point out. is that

they are written in black on the souls' foreheads. In performance. this would allow anyone

who could read to identify the sin: though costuming could also be employed to illustrate

symbolically the specific sins. The souls bemoan the fact that they have "synnyd in dedly

trespas" and acknowledge "it is to late to aske r n e r ~ y e " ~ ~ ~ as the sermon material had

warned. Deus (Jesus) blesses the good. telling them to come to Him. and cleansing them

of the comption of death. Though it is not explicitly stated that the good are on the right

and the bad on the left as in Matthew 25, Deus does bless the good with His right hand,

suggesting such a division. The good praise the mercy of Deus and worship Him. and

then the damned cry for mercy, only to be rebuked by Deus:

How wolde ge wrecchis any mercy haue'?

Why aske 3e mercy now in pis nede?

What haue 3e wrought 3oure sowle to saue?

To whom haue 3e don any mercyfui dede,

Mercy for to wynne? 1 19

The merciful deeds refer to the Acts of Mercy enumerated in Matthew 25; as dictated in the

Bible and sermons, mercy must be performed during life to be received after death. Deus

118 N-Town, Judgement Day, 1. 30 & 1. 39.

1 19 N-Town, Judgement Dav, 11. 70-74.

hrther denounces the damned. saying that although He was merciful enough to die on the

cross. the bad souls would not even help those who were needy around them. The wicked

souls have not followed God's example. The three devils point out the sins written on the

foreheads of the damned - pride, and refusing to feed the hungry: covetousness, and

refusing to give drink to the thirsty: wrath and backbiting, and refusing to care for the sick:

envy, and refusing to visit prisoners or to help those in danger: sloth, and refusing to bury

the dead: gluttony and drunkenness. and removing the poor from shelter; lechery, and

refusing to clothe the needy. Though the links are clearer in some of the examples than in

others, the Seven Deadly Sins are all put in relation to unfulfilled Acts of Mercy. Thus, not

to perform the Acts is an active sin, not only a sin of omission. The sinful cry mercy once

more, which suggests that despite the illustrations they still have not grasped the nature of

mercy. Deus is to speak again, but unfortunately the remainder of the play is lost. Based

on biblical example. sermon material, and the concluding scenes of the other Doomsday

plays. it can be concluded that mercy is not given to the sinful souls.

Two specific similarities between N-Town's Judgement Dav and York's The Last

Judgement can be seen in the reference to Jesus as high justice (1. 3 in N-Town, and 11.92

& 100 in York) and the order to come to the great assize (1. 5 in N-Town, and I. 94 in

York). Such familiar references assist the audience in relating to the events of the play.

Unlike the other Doomsday plays, York opens with Deus saying that Judgement Day has

arrived because. as with the decision to flood the earth. the wickedness of humanity will be

endured no longer. The day of retribution is at hand. The censorious words of Deus

suggest that none will be saved: however, this is not the case. Deus orders the trumpets

sounded and the good souls to be collected on the right, the bad on the left, as in Matthew

25. The idea of yielding an account for one's life is expressed when Secundus Angelus

commands, "perfore rise vppe and geue rekenyng / How 3e hym serued vppon sere

wise." 120 The good praise God and ask grace, while the bad weep in terror, knowing

better than to ask for mercy for they have lived wicked lives. having performed no good

deeds and having broken God's commandments. In his admission of his wickedness

Pimus Anima Mala provides a warning for the audience:

Owe wikkid werkis pei will vs wreye.

pat we wende never schuld haue bene weten,

pat we did ofie Full pryuely,

Appenly may we se pem wreten.l2'

As sermon material had forewarned, God is aware of deeds cornmited in secret. Secundus

Angelus keeps order like a bailiff122 as Deus (Jesus) descends to earth to sit in judgement.

accompanied by apostles, creating a tableau of a High Justice, with lesser court judges on

either side to support him. The devils appear ar this time. stating that they are prepared to

fight for what they consider to be their property. In this. they can be seen both as

prosecutors and as the authorities responsible for bringing the criminals to prison. Christ

1x1 York, The Last Judgement, 11.95-96.

1 2 ' York, The Last Judgement, 11. 129- 132. The reference to written deeds could refer to books (or specifically to accounting books) as in Revelation 20, but it may also refer to the deeds literally being written on the souls, as in N-Town. Secundus Anima Mala's words: "Oure wickkid werkis may we not hide, / But on our bakkis vs muste pem bere -- / Thei wille vs wreye on ilke a side" (11. 154- 156) suggests writing and/or embIematic costuming of the souls.

He commands the souls, "Standis noght togedir, parte you in two!" (York, The Last Judgement, 11. 169), separating the good from the bad, reflecting the scenario described in Matthew 25.

displays His wounds and the passion is retold to remind the audience of Jesus' mercy1?

then as in Matthew 25. salvation and damnation centre around having performed or not

performed the Acts of Mercy. In addition to not performing the Acts, however, York's

wicked souls have committed an extremely serious crime. as they admit. "But ofte we haue

his flessh forsworne - " and Jesus later charges. "Mi flessh. my bloode, ofte j e

t b r s ~ o r e . " ~ ~ ~ They are blasphemers. As the wicked souls have forsaken Christ. so are

they forsaken. The chosen are called to join God. and the damned are sent to hell: "3e

cursed kaitiffis. fro me 3e flee, / In helle to dwelle withouten ende, / per 3e schall neuere

butt sorowe see ..."I" This version of the story has a solemn, powerful tone. with the

devils serious players in the final judgement, emphasizing the gravity of the event.

York's Doomsday play was a source for Towneley's Judicium. Rather than

opening with a majestic descent of k s u s and two archangels. Judicium opens with the evil

souls hearing the blast of the Doomsday trumpet. summoning them to j~dgernent .~" The

evil souls variously lament that they were born. lament their deeds, and bemoan the fact

123 To underscore the scene, the "props" of the passion. e.g. the crown of thorns, could be shown.

'24 York, The Last Judgement, 11. 229 & 340.

York, The Last Judgement, 11. 369-37 1.

For specific line similarity, see Stevens' and Cawley's notes to the Towneley plays, p. 633,

1" As stated earlier, the opening of the play is lost.

that they cannot hide, for their wickedness will be openly known.128 It is made clear that

this is not a contemporary English court, for unlike in a real court where a defendant may

have had some representation. here:

Vokettys ten or twelfe

May none help at this nede

Bot ilk man for hisself

Shall answere for his dede. 129

Each soul must speak for itself. and the wicked wonder what they will say. and how they

will stand to look in God's face, their fears echoing concerns spoken in the sermons. They

know that they are sinners. Whereas in N-Town the souls come to the judge. here, the

judge comes to the souls. This play presents a courtroom atmosphere: there is an angel

with a sword (representing God's justice) to keep order like a bailiff.130 and the devils act

almost as prosecuting attorneys attending court with evidence gathered against the accused.

Unlike its York source. in Judiciurn there is a lengthy inclusion of demons who

mix comedy with a satirical enumeration of the sins which would have been fo-~nd among

the members of the audience. The demons are in awe of, and in a sense tools of, Jesus.

Almost identical to a speech in York. Tertius Malus says, "Oure wykyd warkys can we not hide. / Bot on oure bakys we must theym bere" (Towneley. Judicium, 11.36- 37). Again. this suggests that they carried visual representations of their sins with them. Likewise, Quartius Malus laments. "Now bees my curstnes kyd -- / Alas, I may not layn I All that euer I dyd!" (11.59-6 1). suggesting that there is some visual means by which his specific sins have been revealed to the audience.

129 Towneley, Judicium, 11. 17-20.

I3O As in York, armed Primus Angelus separates the good from the bad, saying, "Stand not togeder, parte in two!" (Towneley, Judicium, I. 115). reflecting the division in Matthew 25.

Secundus Demon. preparing for his appearance at the trial says of Jesus. ''The iuge is right

dredfull."l3l Some devils bring books full of evidence to give against the damned, and

this recollects the reference made to books in Revelation 20. Secundus Demon carries a

bag h l l of evidence, that is. examples of pride, lust. and other sins from dl levels of

society. This demon also speaks of the corruption in the worldly legal system:

The poore pepyll must pay.

Ifoght be in hande:

The drede of God is away

And lawe out of lande.132

Contemporary judicial corruption. which results from a lack of fear of God. stands in

convast to perfect divine justice. Further. it is understood that corrupt acts such as bribery

will not avail the guilty at this time. as was stated in the Bible and in sermon materid. The

devil Titivillus details additional examples of human wickedness, including: people who

dress well and leave children without food; adulterers: raisers of false taxes: those who

commit the Seven Deadly Sins. Specific examples of sin are stated. thus the demons not

only educate the audience about the variety and extent of sin, but they accuse those in the

audience who are anonymously guilty of such trespasses. Though frequently comic, the

scene is both instructive and cautionary. Further, the extended use of demons emphasizes

what will await the sinful.

After Jesus shows His wounds to illustrate His mercifulness, the souls are

sentenced based on whether or not they have performed the Acts of Mercy. The devils

-- -- -

i31 Towneley, Judicium, 1. 182.

13' Towneley, Judicium, 11.276-279.

mock the condemned and drive them to hell, as Titivillus sums up their m o d foolishness:

Gay gyrdyls, iagged hode.

Prankyd gownes. whedir?

Haue ye wit. or ye wode

Ye broght not hider

Bot sorowe,

And youre synnes in your n e k k y ~ ? ~ ~ ~

Clearly these souls had sinned like Humanum Genus in The Castle of Perseverance in his

association with blundus and Avaricia. but these souls at the end of time do not receive

mercy from the dreadful judge. as Anima received mercy from the gentle justice before the

end of time. Anima is one soul who is representative of all humanity. therefore to provide

hope for humanity. Anima must be saved. In a sense it is easy to pardon one sinful soul.

that is, to make one exception. Further, Anima had cried mercy. The wicked souls at

Judgement Day may be damned without destroying the opportunity for hope among

audience members. Unlike Anima, they had not been able to cry mercy or perform last-

minute acts of mercy. for Judgement Day comes suddenly without warning. As was

stressed in the sermon material. mercy must be asked before the time of tinal judgement,

for at Doomsday it will be given only to those who have merited mercy.

Chester's The Judgement opens with Deus announcing that Judgement Day is at

hand. Deus states:

It ys full youre syns I beheight

to make a reckoninge of the right.

'33 Towneley, Judicium, 11. 736-74 1.

Nowe to that doorne I will me dight

that dead shall dulye dread. 13J

The words do not speak of mercy. Secundus Angelus refers to humanity having to show

"Good accompt" of their deeds, while Jesus demands "eych man reacon hisW13j. calling to

mind the accounting references from sermon material and other plays. The souls are called

by the angels and the cross is shown to remind them of the great e&y mercy of Jesus.

A representative group of the saved includes a Pope, Emperor. King and Queen. and they

have damned counterparts. In addition. the damned include a judge (to be discussed in

Chapter IV) and a merchant. Although the saved had not been entirely good during life,

they are contrite, and had repented and performed the corporal Acts of Mercy before death.

The saved also praise God. such as Imperator Salvatus who says. "Worshipped bee thou.

high justice." 13"he damned. however, bemoan their wretchedness and seek escape: none

of them had performed the corporal Acts of Mercy during their lifetimes. As forecast in

the sermons. Jesus speaks not of mercy. saying, "I doe to you all rightwysene~."'3~ Jesus

repeats the fact that He sacrificed Himself for humanity, bleeds. and then reveals that His

judgement is based on whether or not the souls have performed the Acts of Mercy.

Primus Demon entirely supports Jesus in His righteousness, because he knows that he will

be assured of having souls for his own. Primus Demon. like his fellows in Towneley, is

prepared to show the deeds of the sinful to prove that they belong to him:

IN Chester. The Judgement, 11.9- 12.

135 Chester. The Judgement, 11. 35 & 435.

136 Chester, The Judgement, 1. 10 1.

137 Chester, The Judgement, 1. 366.

A, righteous judge. and most of might.

that there art sett to derne the right,

mercye thou was. nowe ys gright.

to save these men from pyne.

Doe as thou has yoare behight.

Those that be synnfull in thy sight.

to reacon there deedes I am dight

to proove these men for myne.138

The evidence is presented, and Primus Demon asks Jesus to deliver the sinners to him, as

He said He would, and Jesus agrees. saying. "Rightuouse doome may you not tleene. I for

grace ys put awaye."139 Jesus and the demon agree that not everyone deserves mercy,

providing a warning to audience members who may, as Veritas had feared in The Castle of

Perseverance, feel free to act wickedly in the assurance of mercy. The end of the play

concentrates on the removal of the wicked souis to hell and cautionary words of the

Apostles. teaching by negative example and providing a strong warning to the audience.

The Last Judgement plays all enact the important details of Doomsday. Judgement

Day arrives unexpectedly. God will be the judge of all souls. If one is to be saved. one

must have performed the Acts of Mercy. Strict justice will be shown; only those who have

'38 Chester, The Judgement, 11.509-5 16.

139 Chester, The Judgement, 11. 607-608. As stated in sermon material, at Doomsday, the time for mercy is past.

merited salvation will be saved-la The wicked will be taken to hell, N-Town calls "All

men" ..." Bothe grett and small, all an sum" lJI : York calls "me a creatoure". "leerid and

lewde, both man and wiffe". "both olde and yhing" 1% and Towneley speaks of "All

mans-kyndeWl" being present to hear the doom. The use of unnamed souls in N-Town,

York and Towneley allows for the audience to identify with them. putting themselves in

the place of the anonymous souls. Chester treats the scene somewhat differently, in that

specific grand individuals, i.e., Popes. Emperors, Kings and Queens. are the summoned

souls. but in addition Deus tells the angels to "wake eych worldlye wight / that I maye see

all in my sight" and Jesus later refers to "You good and eve11 that here benne lent."Iu In

Chester the playwright supplies the estates which would likely be missing from the crowd

on performance day, then speaks to those to be judged in words which may easily include

the audience, to create a picture of the whole world. In all cases. every member of the

audience is clearly part of the crowd to be judged by God in the Doomsday plays. Because

the Last Judgement plays would have been the last plays presented, the audience is

reminded that the final judgement will in fact be tinal. As one sermon-writer warned, "Pis

-- -- -

Significantly, the Virgin Mary has no spoken lines in any of the extant Doomsday plays. And, she may not have been represented at all. If she was present, she would have been a mute figure. As such, this would be a striking way to illustrate visually the silence, or unavailability of Mercy at the Last Judgement.

1." N-Town, Judgement Dav, 11. 1 & 6.

152 York, The Last Judgement, 11. 66,67, & 89,

Towneley, Judicium, 1. 130.

ILZ Chester, The Judgement, 11. 14- 15 & 357.

iugement schal not be c o n w e d . for no ping may reverse it."14j The plays all provide

positive and negative examples of how to survive God's strict sentencing on Judgement

Day. Particularly it is warned that mercy will only come to those who have been merciful.

iii, Conclusion

The God of the Biblical Plays is multi-faceted in judgement. In the Old Testament

plays. i.e.. the Fall of Angels. Fall of Humanity, Cain and Abel. and Noah plays, God is

portrayed chiefly showing the sirict side ofjudgement -justice. retribution. and vengeance.

The God of the New Testament. seen in the Woman Taken in Adultery play. is one of

mercy. These are pan of the whole of the representation of God. The complete Divine

Judge is eventually represented in the Last Judgement plays, where both aspects of God's

judgement are seen.

The dramatic images of God's judgement are seen on various levels: personal and

universal, specific and general. historical and timeless. The characterization of God as

judge exemplifies what humanity considers to be the perfect judge. God as judge in past

and current time mixes justice and mercy. Before God, no earthly privilege or status

matters. no bribes are accepted -- God has no regard for status and no need for bribes.

Before God, one is judged entirely on the basis of the facts, combined with the law. The

facts include the sins committed and the good deeds performed, specifically in the Last

Judgement plays, the corporal Acts of Mercy. Unlike human judges, God has the added

responsibility of making the laws. The laws are represented by various things, including:

'45 English Wvcliffite Sermons, Vol. I , p. 488, Sermon 3, 11. 52-53.

written biblical laws, such as the ten commandments: biblical warnings, such as that in

Matthew 25 to perform the corporal Acts of Mercy or else be damned; common notions of

what constitutes sin. such as the Seven Deadly Sins; and to some extent, Church dogma,

which teaches the way to salvation through additional measures, such as Shrift and

Penance. In the plays, people are reminded how to save themselves from God's strict

justice. The enacting of Gods justice provides a warning for the sinhl as the enacting of

God's mercy provides hope to prevent despair.

There are two different traditions operating concerning divine judgement of souls.

One is the judgement of all at the end of the world as represented in the Last Judgement

plays. and the other is the judgement of an individual soul at death, as in The Castle of

Perseverance. It is made clear in the plays that at Doomsday the Divine Judge will make

no exceptions in judgement. However, those who die before Doomsday. even the sinful,

enjoy the possibility of salvation. This creates a danger that individuals may live wickedly.

assured of having advocates. as Anima had in The Castle of Perseverance, who will argue

their case (successfully) before God. However, it would not be above the notice of the

audience that Humanum Genus' death was not sudden -- he lived long enough to call for

mercy, thus Misericordia took his part. Clearly not everyone would have a death which

would allow such a cry. Further, people are reminded to take care. for Doomsday will

come without warning; thus they are not guaranteed a death like Anima's.

In The Castle of Perseverance, the audience or reader could question the sincerity of

Humanum Genus' final repentance and therefore make a personal judgement for or against

granting mercy to Anima. God, the omniscient, is the only one truly able to judge, for God

knows for certain the sincerity, or lack of sincerity of Humanum Genus. God's

judgements in the plays are tm illustration of biblical precedent (foretelling Church

sacraments), God's omniscience, and God's great mercy prior to the end of time. God's

judgement must have purpose and must be accurate. This presents a clear problem -- God

as judge will always judge accurately. and human judges. even if not viewing an individual

with bias or accepting bribes. may not always be able to see the truth. A sermon-writer

~c i rns :hat there are two kinds of judgement. righteous judgement and foolish judgement:

Foly demynge is to deme a man of such Pings as he knawep not of -- the

privete of mans hert and is dedis - for per knowes no man to what intent.

with what ternptacion. with what febulnes. or what forpingkynge pat he

hath for itt. Suche dome fdlip to God: for often tymes me demen pem for

yvell men pat be full clene to-Godward or els demen pem for good pat be

full fowle in pe syght of God.146

Only God knows the inner workings of mind and soul. The same sermon-writer goes on

to say that he does not mean that human judges cannot judge, rather. "...a ryghtwis dome

men may deme with drede and loue of God ..." God. therefore. the perfect judge. is to

be the guide and example of human judges who hope to be good judges.

J6 Middle English Sermons, p. L 2 1. Sermon 2 1, 11. 14-2 1.

Middle English Sermons, p. 122, Sermon 2 1,ll. 13- 14.

CHAPTER DI

THE GOOD JUDGES

i. Summary

God is the perfect judge who has the potential for mercy and strict justice; human

judges are God's counterparts. Thus, God stands as a strong example of good judgement.

The qualities discussed in Chapter I which identify the characteristics of a good judge find

active representation in the good dramatic judges. A summary of these qualities may be

made as follows: fear of God. following God's example, andor keeping God's will in

mind (the Bible, Home, Jacob's Well, sermon literature, Baldwin, Smith); courage (the

Bible, John of Salisbury, Jacob's Well [indirectly], Smith); being learned andlor

knowledgeable of the law (Aristotle, John of Salisbury. Coke); not having a personal

hisrory of crime or sin (the Bible, Aristotle, John of Salisbury, The Boke of Justices of

Peas. serrnon literature, Coke [indirectly]); tnce dealing and/or judging equitably (the

Bible, Aristotle, Jacob's Well, The Boke of Justices of Peas, sermon literature, Coke);

lacking covetousness (the Bible, Aristotle, Piers Plowman); assisting the poor (the Bible,

Pien Plowman); impartiality (the Bible. Aristotle [indirectly], John of Salisbury, Piers

Plowman, Jacob's Well, Coke); keeping one's temper (John of Salisbury, Jacob's Well).

The good judges in the plays to be discussed are shown to possess all or many of these

qualities. As will be seen in Chapters IV and V, the bad judges as a rule do not possess

them. The majority of Chapter IV's and V's bad judges are human.[ However, not all of

the good judges are human: many are abstractions of Justice, and these abstractions have

more varied functions than the good human judges. Further. the majority of the good

judges have small roles, unlike the bad judges who. as will be seen in Chapter IV and V,

tend to have larger roles and lengthier involvement in the action of the plays. With the

exception of Episcopus. who sits throughout most of the short play The Trial of Marv and

Joseph, and the Lord Chief Justice, who appears several times in 2 Henrv W , the other

good judges appear briefly near the end of the plays. The good judges arrive to set things

right and to ensure that justice is done, thus restoring order to their dramatic worlds. The

fact that these saving characters are judges points to the importance of the existence of

justice in the world to maintain a good, stable society. At the same time, in their brief but

crucial appearances, these figures are plot devices rather like a deus ex machina. providing

a sudden end to the reign of the Vice or another wicked character. Their dramatic and

opportune appearances, bordering on the miraculous, connect them with God through the

notion of divine intervention to destroy wickedness and save the downtrodden.

ii. The Plays and Their Good Judges

The plays to be discussed in this chapter include: N-Town (The Trial of Mary and

The exceptions are Understanding and Mind in Wisdom, and the Vices.

Joseph); Albion. hi@&: Nice Wanton; Res~ublica; Like Will to Like; The Contention

Between Liberalitv and Prodigality; - - The Tide Tarrieth No Man; Apius and Virginia; The

Moste Vertuous and Godlve Susanna; 2 Henrv W ; A Warning for Fair Women. The

Death of Robert Earl of Huntinedon, - which shows the reformed Justice Warman. who had

been a wicked character in The Downfall of Robert Earl of Huntingdon, will not be

discussed. for W m a n has an exceedingly minor part in the play. dying almost

immediately after being introduced. In this chapter. the plays will be discussed in general

chronological order?

A good human judge appears in the N-Town play The Trial of Marv and Joseph.

In the play's prologue. the Summoner opens the scene. clearing the way for the judge. and

revealing that the trial is taking place in an ecclesiastical court. which is the appropriate

venue for a trial regarding issues of morality. Through the listing of the names of those

summoned, the audience or reader may be drawn into the court setting. The words of the

detractors prove that they are malicious and do not know the truth of Mary's pregnancy. for

one thinks that Joseph is the father, and the other believes that "Sum fresch jonge

gdauntWJ is the father. As the two make scurrilous comments about the couple. the judge

Episcopus demands to know why they are saying such things. Importantly. Episcopus

reveals that their accusations upset him because Mary is a relative. His admission creates

the possibility that he will prove to be a bad judge, one whose actions will be affected by

This play is incomplete, lacking both its beginning and ending.

3 The dates of the plays are occasionally in question, thus the term "general chronological order" is employed.

J N-Town, The Trial of Mary and Jo se~h , 1.87.

partiality, specifically the desire to protect a relative. However. this is not to be the case. as

he says. "If she be fowndyn in suche repreve. I She xal sore rewe here govemawns!"5

Impartial judgement will be delivered in this court, despite personal concerns. as is urged in

Chapter I. When the couple proclaims their innocence. the judge does not set them free:

rather. he orders Joseph to undergo a trial by ordeal. in which he must drink from a bottle

of "Goddys vengeauns."6 In a trial by ordeal God is the ultimate judge, so as directed in

the contextual material, this good judge puts his faith in God. After Joseph is proven

innocent. Episcopus questions Mary again. When she is cleared by the same ordeal.

Episcopus praises God. while the first detractor accuses Episcopus of having switched the

liquid in the bottle in order to save his kinswoman. Clearly the detractor suspects that the

judge is partial. In an inversion. the judge himself becomes the accused. but because of the

nature of the accusation it is not he who must undergo the ordeal to prove his innocence, it

is one of the detractors. When the accusing figure is stricken, Episcopus is vindicated by

God's judgement, as the good judge in the Jacob's Well story was vindicated by God.

Episcopus is thus proven to be a good judge -- one who would not be partial to a relative

and who allowed a relative to be tried fairly in open coun. Also. upon seeing Mary

pregnant. he did not react rashly, immediately passing sentence: rather, he gave her the

chance to undergo the ordeal, despite visual evidence. The judge was open to both sides in

the dispute and trusted in God to discover the truth.

A character called Justice is found in the fra,gnentary play, Albion. Knight.' In the

5 N-Town, The Trial of Marv and Joseph, 11. 136- 137.

6 N-Town, The Trial of Mary and Joseph, 1.234.

Albion. Kni~ht, pp. 1 18-132 in Six Anonvmous Plays, Second Series, ed. J.S. Farmer (Guildford: Charles W. Traylen, 1906; rpt. 1966).

piece which is extant. a Vice character named Injury, with his cohort Division, endeavours

to destabilize the realm by separating Peace and Principality. Commons and Principality,

and the Lords Temporal and Spiritual. Injury talks of preventing Justice from being secure

in his seat at Westminster. assuring the audience that instead he and MaintenanceX will

keep their place. Though not seen in a judicial capacity, Justice is associated with the courts

of Westminster. Locating Justice at Westminster allies him with human legal processes,

and since he is not shown in a court or involved with a particular case, he stands for the

potential for justice throughout the realm. for he is clearly a good character. His name

marks him as one of the good. Also, he associates with positive characters such as Peace

and Plenty, indications of his goodness. Finally, Justice is critical of Injury, and is the

figure whom the Vice and his representatives of legal and governmental corruption seek to

harm. In his alliance with figures seeking the greater good of the commonwealth, Justice

is akin to the just person whom Aristotle describes in the Nichomachean Ethics.

Nice Wanton is a cautionary play directed at parents and guardians of children,

which points out the need to bring up children well, lest they come to the same ends as the

play's two wayward youths, Ismael and Dalilah. Having been raised by indulgent parents

who did not discipline them when they were young, the siblings develop a lack of respect

for authority and a desire to live freely, thus they fall deeply into vice and crime. Ismael's

downward progression is followed by showing him as first rebellious youth, then petty

criminal, and finally accused man on trial on felony charges. The courtroom includes a

bailiff, jury, and judge. The judge is named Daniel, whose name means "my judge is

Maintenance was against the law, and occurred when a party who should be impartial provided support to a certain individual or group. Most specifically, it involved a judge (or other powerful figure) wrongly aiding or abetting a legal action.

God" or possibly "judge of God? The Vice, Iniquity, acting as the court's bailiff,

nonetheless requests that Daniel be lenient to Ismael and offers a bribe. As expected. the

judge is not pleased:

Get thee away, thou hell-hound!

If ye were well examined and tried,

Perchance a false knave ye would be spied. ...

Bribes, saith Solomon. blind the wise man's sight.

That he cannot see to give judgment right.

Should I be a briber? Nay, he shall have the law,

As 1 owe to God and the king obedience and awe?

Behaving as the contextual material in Chapter I advises. he refuses to accept the bribe, is

knowledgeable about the Bible's (i.e., God's) views of bribe-taking,] and is well aware of

his duty to God and his sovereign. those from whom his authority comes. The judge is

able to see that the bailiff may be guilty of more than attempted bribery, but he keeps to the

case before him. After the jury arrives at a guilty verdict. Daniel sentences Ismael to death.

Ismael asks to be allowed to speak. and the judge allows his request, ordering that he not

Harper's Bible Dictionarv, gen. ed.. Paul I. Achtemeier (San Francisco: Harper & Row, Publishers. 1985). p. 205. The name Daniel is also that of a familiar godly character from the Old Testament, so even if the audience or reader were unaware of the name's meaning, the name is a signal that he is a good judge. As will be discussed later, one of the stories concerning Daniel involves his intervention in the trial of a young woman named Susanna, who is about to be falsely convicted of adultery.

lo Nice Wanton, pp. 65- 125, in Two Tudor Inkriudes - Nice Wanton and Impatient P o v e e , The Renaissance Imagination, Vol. 10, ed. Leonard Tennenhouse (New York: Garland Pubiishing, Inc., 1984), 11.363-369.

The phrase Daniel quotes is also found in one of the sermons used in Chapter I.

accuse anyone falsely, showing a concem for truth. When Ismael implicates Iniquity in his

life of crime, the Vice tries to flee, but is stopped by the judge. In addition to being a good

judge for refusing to accept bribes and for keeping God in his mind. Daniel is shown as a

perceptive judge. who suspects the evil in his bailiff, but does not have him arrested until

testimony has been obtained against him. He shows a concem for the truth on a second

occasion when he orders that Ismael's last words be heard. for it is a traditional belief that

pre-death confessions contain the truth. Not only his name. Daniel, but his actions identify

him as a good judge. Further. Judge Daniel (along with Eulalia, the neighbour, and

Barnabas, the good brother) is a provider of sound advice in the play. Daniel's advice is

geared primarily toward those who sit in judgement, while Eulalia's and Bmabas ' advice

is geared primarily toward parents and children.

Resoublica contains three figures who exercise judicial authority: Respublica,

Justice and Nemesis. The Prologue reveals that there is something wrong in the state:

To shewe that d l Cornmen weales Ruin and decaye

from tyme to tyme hath been, ys, and shalbe alwaie.

whan Insolence, Flaterie, Opression,

and Avarice have the Rewle in theire possession.

But thoughe these vices bycloked collusyon

And by counterfaicte Names. hidden theire abusion

Do Reigne for a while to cornon weales preiudice

pervertinge all right and all ordre of true Iustice,

yet tyme trieth all and tyme bringeth truth to Iyght ...

Veritee the daughter of sage old Father Tyme,

Shewith all as yt ys bee ytt vertue or Cryme.

than dooeth Iustice d l suche as Common Weale oppresse

Tempered with mercye endevoure to suppresse.12

This quotation points to the allegory of the four daughters of God, as was seen in The

Castle of Perseverance and The Parliament of Heaven in Chapter I[- However. in this case.

Time rather than God is Truth's father.13 connecting her with the secular rather than the

divine. Mercy is not strictly associated with God, but exists to "temper" justice, stressing

the balance that Home speaks of in Chapter I. The Vices have the run of the

commonwealth. and Justice is required to correct matters. Strangely, then. Mercy is put in

the position of pleading not for the soul of a human figure, but for the Vices. Such an

unexpected occurrence speaks against rnisptaced mercy, as sermon material had done

earlier. In the play, the emphasis is on the suffering of the state and the common people,

not on theological. specifically eschatological concerns.

After Verity's revelation that Respublica has been duped by the Vices. the title

character performs the first judgement, that of exiling the Vice Avarice. Nonetheless,

Respublica quickly realizes that she will need the assistance of Justice to truly cleanse the

commonwealth. A country must have justice in order to function properly. Justice

performs a secular function. acting as a Justice of the Peace who arrests the four Vices.

Udall, Nicholas (?). Respublica: an interlude for Christmas 1553, EETS OS #226, ed. W.W. Greg (London: OUP. 1952: rpt. 1969), 11. 19-36.

' 3 This idea is proverbial, and appears as "Truth is the daughter of Time" and "Time is the father of Truth." "Truth is the daughter of Time" has a Latin source: A. Gellius, I., 2.9 "Veritatem Temporis filiam esse." It was next noted in a i532 letter from Gardiner to Cromwell: "Truth is called tyme's doughter." The alternate "Time is the father of Truth" is frst noted in Castiglione's Courtier, dated 156 1. (The Oxford Dictionw of English Proverbs, 3rd Edition, revised by F.P. Wilson [Oxford: OUP, 19701, pp. 844 & 824.)

Following this earthly act, in a dialogue with Avarice, Justice identifies herself with the

divine:

JUSTICE. .... we muste firste your reckeninge take.

AVARICE. I nere bought nor solde with yowe, reckeninge to make

Nor I knowe not who yowe bee.

JUSTICE. Iustice is my name.

AVARICE. where is your dwelling'?

JUSTICE. In heaven and hens I came ..,

I bring heaven with me and make it where I m.14

In the combination of Justice's earthly legal action and her identification with heaven,

heaven is brought to earth and human and divine justice are combined. In this play, rather

than appealing to God, Justice and Misericordia make their appeals to the secular Lady

Nemesis,ls who passes the final judgement. Verity describes Nemesis as being one who

has several characteristics of a good judge, including having a clean background. being

impartial, and having her source in God. Nemesis is also referred to as "the mooste highe

goddesse of corre~cion"'~ and, as is stressed in the sermon material. correction is an

important aspect of the judicial figure. Nemesis pardons the lesser Vice. Adulation, who

has requested mercy and promised to reform himself; as has been discussed. repentance

makes way for mercy. However, Nemesis orders the worst Vice. Avarice, to make

restitution to the many individuals he has hanned and then be given over to the officers.

15 Lady Nemesis is representative of Queen Mary. The name, meaning retributive justice. is illustrated in the "pay back" sentence which Avarice receives.

Respublica, 1. 1782.

The need to make restitution is suggested in Aristotle's and Home's idea of correcting an

imbalance. The idea of making restitution also has religious overtones, specifically

performing penance for sins committed. Nemesis further orders that Oppression and

Insolence, for the gravity of their crimes, be taken away by officers for a later trial. There

is no suggestion that they will receive mercy. Nemesis' judgements reflect her narne as she

gives the worst of the Vices over to Justice, rather than Misericordia. Clearly this play

urges that in secular judgements against serious offenders. particularly in the case of

offences against the realm, justice should triumph over mercy. The realm must be

protected from wickedness.

Like Will to Like's Vice. Nichol Newfangle, urges a host of corrupt human figures

further into crime and riotous living.17 which results in their being brought before the

play's judge, Severity. His name is clearly indicative of one who is more given to justice

than mercy. Upon entering, Severity identifies the qualities of a good judge:

That upright judgement without partiality,

Be ministered duly to ill-doers and offenders.

I am one whose narne is Severity,

Appointed a judge to suppress evil-doers.

Not for hatred nor yet for malice,

But to advance virtue and suppress vice.

Wherefore Isidorus these words doth say:

Non est Irldex si in eo non est Iustitia

He is not a judge that Justice doth want,

17 Nichol Newfangle will be discussed in Chapter V.

But he that truth and equity doth plant.

Tully also these words doth express,

Which words are very true, doubtless:

Semprr iniqnns rst hde-r, qui arlr invidrr ctur favet:

They are u ~ g h t f u l judges all

That are either envious or else partial!

Severity's illustrations are similar to those found in Chapter I: good judges are not panid,

do not act out of malice, are not envious. and judge with n t h and equity. Importantly.

justice is stressed over mercy with the aim to "suppress evil-doers." It is important that the

wicked do not thrive: rather, goodness must be promoted. His concern is reminiscent of

that of Veritas in The Castle of Perseverance, who believed that if the wicked are not

punished. others will not fear to sin and so a bad example will be set. When Severity

encounters Nichol. the Vice explains that he had been attacked. but: "In faith. I should have

laid some of the knaves in the dust. I If I had had your sword right now in presence ..." l 9

Severity sentences the human criminals, but Nichol receives no sentence. Though he is a

Vice. an associate of the devil, in the play. technically. he has done nothing wrong - Nichol

himself is not a drunkard. a rioter, pickpocket, or thief. and the men whom he manipulated

were corrupt before they ever met him. Severity is not God, who would sentence an ally

of the devil; he stands as a human judge who sentences offenders against secular law.

l 8 Ulpian Fulwell, Like Will to Like, pp. 129- 164. in Four Tudor Interludes, ed. J.A.B. Somerset (London: The Athlone Press, 197 4), 11. 1043- 105%

19 Like Will to Like, 11. 1066- 106% Either Severity is carrying an actual "sword of justice," or the reference to the sword is symbolic of his position as a judge. In either case, Nichol makes an emblematic reference to justice.

Though Severity's name is allegorical. his sentencings are strictly worldly, and he stresses

justice over mercy.

The Contention Between Liberality and Prodiealitv contains two judicial figures, an

unnamed Judge and Equity.20 According to William Dean. this play is "the most

comprehensive representation of the whole procedure of the criminal law from discovery

of the crime to the sentence of the murderer". for it includes certain phases of criminal

procedure: afrer the murder of Tenacity has been discovered, there is an investigation and

Prodigality is taken; after this, a preliminary inquiry is held which. when complete. results

in the indictment of Prodigality: and finally there is a trial and sentencing." When

Prodigality is brought before the Judge on charges of murder, judicial procedure is enacted

with a summons. an oyez. the reading of an indictment. and a request for an entry of a plea.

The formal enacting of judicial procedure stresses the scene's function as an example of a

courtroom in which a judge will dispense proper judgement. Prodigality receives no

sympathy from the Judge, so he confesses his guilt and appeals to the Prince's mercy. The

Judge asks Prodigality what he can say, since according to the law he must die, and

?* The Contention Between Liberality and Prodigality, The Tudor Facsimile Texts, Vol. 18, 19 12. Equity has a very minor role. In V,iii. he speaks in support of reason and the golden mean. He is clearly a good figure who can be trusted to act appropriately. Like Justice in Respublica who stands as a Justice of the Peace to arrest the Vices, Equity stands as a Justice of the Peace to arrest Prodigality for the robbery and murder of Tenacity. The actual trial scene is presided over by the Judge.

William Dean, "The Law of Criminal Procedure in The Contention Between Liberality and Prodigality," Renaissance and Reformation, 1.1 ( 1977), pp. 59 and 60.

Prodigality states that he can say nothing, he can merely appeal to mercy." After

sentencing Prodigality, the Judge allows him to speak. Prodigality's words are filled with

remorse and he repents. calling again on mercy. so the Judge does refer the case to the

Prince. As was seen in Chapter II in The Castle of Perseverance and the Biblical Plays

(particularly Woman Taken in Adultery stories), true repentance is the means by which one

gains hope of attaining mercy. Unlike these earlier plays. here the matter is not referred to

God: rather, the higher power to which the Judge refers the case is the Prince. The crime

and trial take place in the secular world, with worldly consequences. so it is not

inappropriate that the request for mercy will be delivered to the Prince.

A ~ i u s and Virginia includes a good judicial figure. Justice. in addition to a lustful,

wicked judge? When first seen, Justice appears with Conscience in an emblematic dumb

show which represents Apius' brief moment of moral conflict over his plan to use his

position to rape a young w o m a d 4 Justice carries his traditional prop. a sword. and

Conscience carries a lamp. Justice does not speak to Apius, but after Apius exits, Justice

speaks to Conscience, bemoaning the fact that he has been "suppressed" by lust. When

-

This exchange is similar to that found in Promos and Cassandra and Measure for Measure, when a judge speaks with the voice of justice, telling a young woman that her imprisoned brother has been judged guilty by the law, so must die, but she continues to stress mercy. Here, however. Prodigality speaks for himself. his several cries for mercy reminiscent of those of Anima in The Castle of Perseverance.

'3 Judge Apius will be discussed in Chapter V.

Daly writes that the function a dumb show shares with an emblem is "raising the action or problem of the play to a different plane, of distilling a timeless truth from the particular. time-bound, and localized action of the main plot" (Literature in Lieht of the Emblem, p. 15 1). Thus, Appius' situation is brought beyond the specific incident in the play to the "timeless truth" that a judge should adhere to the principles of justice and conscience and, doing so, will not behave wickedly.

Justice appears the second time, however, he is in the company of Reward: together they

stand as the judge who passes judgement against Apius, his accomplice Claudius, and the

play's Vice, Haphazard. Pairing Justice and Reward points to the same retributive function

of justice as is seen in Res~ublica. Justice says to Apius: "Oh gorgan Judge. what lawles

life hast thou most wicked led? 1 Thy soking sinne hath sonke thy soule, thy vertues all are

fled: ... And Reward is ready here, by Justice now dotted."" Reward speaks the sentences

handed down by Justice: for Apius, imprisonment then death: for Claudius. surnrnary

hanging: for Haphazard. summary hanging26 According to Justice and Reward, as Apius'

victim died, so must he and his conspirators die. They are to receive measure-for-rneasure

justice. In A ~ i u s and Virginia, Justice is both an allegorical figure and an active judge. He

is connected with the divine. in that he appears and passes sentence having foreknowledge

of the events of the play (i.e.. he is aware of the wicked life that Apius has led and of his

plans for Virginia) and of what judgements to make. Justice is reminiscent of the silent but

watchful God of the York and Towneley versions of the Fall of Lucifer. He is also

connected with the divine in his reference to sin destroying Apius' soul. Ultimately.

however. his judgements are worldly punishments.

The judicial figure in The Tide Tarrieth No Man is named Authority, and he arrives

to foil the play's Vice. Courage. The name Authority suggests a character who will follow

the letter of the law and stress justice, rather than a character who will speak in favour of

mercy. Throughout the play. Courage, like Nichol Newhgle , has been encouraging the

?5 Apius and Virginia (London: The Malone Society Reprints, No. 25, Chiswick Press, 19 1 1 ), 11. 1067- L070.

26 Apius escapes this earthly justice by committing suicide. Claudius' sentence is commuted to exile by Justice, based solely on Virginius' plea that mercy be shown him.

foolish and wicked characters to live ill-spent Lives. As the Lord Chief Justice of 2 Henry

IV is able to see through Falstaff, Authority is able to see through Courage's dissembling,

saying of him, "Thou art an encorager to all kinds of vice? Authority orders Correction

to jail Courage, and orders that Courage be executed. Authority is praised by Faithful Few,

who says:

When all rnalifactors are duely thus punished,

According to the good and godly lawes.

Then shall Christianity duely be burnished,

And to praise God. we shall have ca~se .2~

Faithful Few speaks of good and godly laws and punishment of evil-doers. stressing

justice not mercy. In comforting Faithful Few. Authority talks of God. saying that

Christianity will be reformed "...by this sword of God's power, which to us is lent." The

sword of God's justice supports good application of earthly law: God must be kept in the

minds of good judges. Authority combines the secular and divine by means of the type of

sentence passed and the references to God. Authority, i.e.. judicial authority. comes from

both God and the state. As in the other plays of the Homiletic Tragedy type, which were

discussed in Chapter 11. there is a sort of dual judgement - that passed against the wicked

character and that of comforting the good character. Justice offers both reward and

punishment. The emphasis, however, is on the punishment of the wicked in order to

promote a greater good.

27 George Wapull, The Tide Tarrieth No Man 1576, The Tudor Facsimile Texts. Vol. 13 1, 19 10, sig. G3.

28 The Tide Tarrieth No Man 1576, sig. G4. The next quotation is also from sig. G4.

Another judicial figure named Daniel appears briefly in The Moste Vertuous and

Godlve Susanna.29 This play is based on the story in Chapter 13 of the Book of Daniel in

Catholic bibles and among the Apocrypha in editions of The Geneva Bible prior to the

1599 edition, when the section ceased to be included. The dramatic version of the story has

four judicial figures - the two wicked judges who falsely accuse Susanna, the judge who

presides at her uid,30 and Daniel. Although Daniel does not have official judicial status in

the trial of Susanna, the Bible and the drama show him stepping in to assist in the

proceeding. so he is allied with the good judges. As Susanna is about to be falsely

convicted of adultery. God raises the spirit of the prophet Daniel, who is able to provide the

presiding judge with the means to save the innocent woman. Daniel first speaks after the

judge has ordered Susanna's execution. In his speech. he states that the judge has anived at

an incorrect verdict by basing his decision on partiality shown to those who seem grave.

After criticizing the presiding judge for not assisting the poor, Daniel tells the judge that if

he wants to discover the truth, the two accusers should be examined separately. By means

of his suggestion, Daniel stresses the use of legal safeguards to ensure that justice happens.

When the accusations against Susanna are proven false. the judge asks Daniel to pass

sentence, but Daniel refuses. saying that he has accomplished God's will. which as found

in Chapter I, is to defend the innocent and bring justice to the wicked. Daniel acts for

29 Thomas Garter, The Moste Vertuous and Godlye Susanna (London: The Malone Society Reprints, No. 74, OUP, 1936).

30 These three judges are discussed in Chapter V.

God31 and advises a judge, providing the means for truth to be known and an innocent to

be set free. but he resigns judicial sentencing power to the state. Correct judgements are the

responsibility of human judges. and by keeping God's will in mind. as the contextual

material in Chapter 1 directs, correct judgements may be made.

The Lord Chief Justice of 2 Henrv IV stands in clear contrast to Falstaff, who

fancies himself a judge. and to the laughable Justice S hallow.3~ When he meets Falstaff,

the perceptive Justice is able to see through him. The Justice is aware of Fdstaffs

participation in the Gad's Hill robbery.33 accuses him of misleading Hal, and also likens

31 In Christian typology, Daniel is connected with Christ, and this is illustrated in editions of the Biblia Pauperurn. (Books consulted include Biblia Pauperurn A Facsimile Edition, ed. Avril Henry [Aldershot: Scolar Press, 19871. which is a reproduction of the forty-page blockbook known as S.I.. and The Bible of the Poor lBiblia Pauperuml A Facsimile Edition of the British Library Blockbook C.9.d.2, trans. and comm. Albert C. Labriola & John W. Smeltz [Pittsburgh: Duquesne University Press, 19901.) In these. Daniel is portrayed as a type of Christ in the trial sequence of the Passion. Like Christ, Daniel is condemned unjustly by jealous officials. Daniel is not, however, connected with Jesus on the pages depicting the story of the repentance of Mary Magdalen (i-e.. the Woman Taken in Adultery). Although in both stories the original object of judgement is not judged and the accusers become the accused, there are significant differences. First, the adulterous woman is brought to Jesus for informal judgement. while Susanna is brought before a judicial assembly for formal judgement. Daniel is not the person sitting in judgement of Susanna although he does intervene in the trial. Also, in the story of the woman, a group of citizens is the accuser, while in the story of Susanna, two wicked judges are the accusers, so they have an added layer of guilt. (This will be discussed further in Chapter V.) Most importandy, the woman is guilty, while Susanna is innocent. In the story of Jesus' judgement, the focus is on mercy, repentance, and the condemnation of hypocrisy. Daniel's actions illustrate the responsibility to protect the innocent from the wicked, and to condemn the guilty.

32 Falstaff as judge and Justice Shallow are discussed in Chapter V. The Famous Victories of Henrv V, a source of the Henry IV plays. is discussed in Chapter VI.

33 Falstaff escapes sentencing for this crime because he is on active military service.

him to a Vice, saying, "You follow the young Prince up and down. like his ill angel."34

Later, the Justice defends the hapless Mistress Quickly against Falstaff:

Sir John, Sir John, I am well acquainted with your manner of wrenching

the true cause the false way. It is not a confident brow. nor the throng of

words that come with such more than impudent sauciness from you. can

thrust me from a level consideration. You have. as it appears to me,

practised upon the easy-yielding spirit of this w0rnan...~5

The Justice orders Falstaff to repay Quickly. He is able to deflect the verbose knight's lies

and judge correctly. He is neither awed nor impressed by Falstaff, and does not become

one of his victims. In a sense he is a foil for Falstaff. As directed in Chapter I. the Justice

is a protector of the defenceless. Though the incident is only referred to, in I,ii Falstafi

3J William Shakespeare, Kine Henry IV. Part 2, ed. A.R. Hurnphreys (London: Routledge, 1966; rpt. 199 l ) , I, ii, 11. 162-163.

35 Kina Henw IV. Part 2,1I, i , 11. 107-1 13.

mentions Hal's striking the justice, following the Justice's commitment of Bard01ph.~~ At

the end of the play. after Hal has been crowned, the Justice uses words similar to those

Found in The Govemor in defending his actions and criticizing Hal's behaviour during that

confrontation.

1 then did use the person of your father:

The image of his power lay then in me:

And in th'administration of his law,

Whiles I was busy for the commonwealth,

Your Highness pleased to forget my place,

36 A source for the story of Prince Hal's confrontation with the Lord Chief Justice is Sir Thomas Elyot's The Book Named The Govemor. According to Elyot. when one of Hal's friends was being tried. Hal entered the court. demanding his release. The justice informs Hal that he should accept that his servant be judged according to England's laws, or if not, he should obtain a pardon for the man from Henry IV. Hal tries to take away his man, the judge orders Hal to leave. then in anger he approaches the judge at the bench: "...but the judge sitting still ... declaring the majesty of the King's place of judgement, and with an assured and bold countenance, had to the Prince these words ... : 'Sir ... I keep here the place of the King, your sovereign lord and father, to whom ye owe double obedience ... in his name I charge you desist of your wilfulness and unlawful enterprise, and from henceforth give good example to those which hereafter shall be your proper subjects. And now for your contempt and disobedience, go you to the prison of the King's Bench. whereunto I commit you..."' (Sir Thomas Elyot, The Book Named The Govemor, ed. S.E. Lehrnberg [London: J.M. Dent & Sons Ltd., 19621, p. 114-1 15.) The judge is courageous in challenging a prince's actions, and as the background material advises, he does not act partially to one of high estate or to his friend. The judge is praised by Elyot and according to Elyot, also by Henry IV for not fearing to administer justice. A possible reason for the story only being reported is that unlike the Hal of popular legend, Shakespeare's Hal is not truly wild, as he explains in soliloquy ( 1 Henry N, I,ii, 11. 190-212). Since he is not supposed to be truly bad, rhe event is downplayed.

The majesty and power of law and justice,

The image of the king whom I presented,

And struck me in my very seat of judgement:

Whereon, as an offender to your father.

1 gave bold way to my authority

And did commit you..?'

The judge states that he was working for the greater good of the commonwealth,

something which. according to Aristotle. is an action of the just. The justice also stresses

the fact that a judge represents the king's justice, and counsels Hal to consider what he

would want a judge to do if his own son were one day to behave as he had. The Justice

offers himself for judgment. but Hal has received his instruction well and accepting the

man's view of justice says. "You are right. Justice ..? The choice of words has two

meanings. € i t , "you are correct, Lord Chief Justice" and second, the judge represents the

figure of Justice (i.e., "right Justice", meaning "actually Justice"). In confirming the Justice

in his office. Hal says: "...I do commit into your hand / Th'unstained sword that you have

us'd to bear."39 The reference to the sword links the Justice with God, through the idea of

the sword of God's justice. The Lord Chief Justice is a perceptive, impartial judge, who

37 King Henry IV. Part 2, V, ii. 11.73-83.

38 Kine Henry IV. Part 2, V, ii, 1. 102.

39 King Henry IV. Part 2, V, ii, 11. 113- 114. Contrary to the dramatic version of this encounter. it appears that the actual Lord Chief Justice was not so esteemed by Henry V. The Lord Chief Justice is believed to have been William Gascoigne, and contrary to popular legend, he was not reappointed on Hal's succession. and in fact was probably dismissed within eight days of the succession (Tiopine the Scales, p. 55). The dramatic treatment not only serves to show the extraordinary reformation of Hal from riotous youth into mature, worthy king, but it foregrounds the vindication of a heroic Justice.

defends the weak, and who defends the ideals of justice to his king, despite personal risk,

thus he exemplifies the qualities of a good judge.

The last good judge to be discussed in this chapter is found in A Warning for Fair

Women." In the play, in addition to representing human characters. allegorical figures are

represented in dumb shows. In the dumb show before the trial of the murderer, wronged

Chastity h t goes to Mercy but is put off, so she awakens Justice to arouse Justice to

action. Presumably Mercy is unwilling andlor unable to redress the wrong. and Justice

"sleeps" during the period in which the murderer is free.-" Clearly, the dumb show

illustrates that active justice rather than futile mercy will be the appropriate action in the case

to be presented. When Browne pleads guilty, Lord Justice opens the speech referring to

legal consequences for crime, then stresses repentance and Gods mercy while passing

sentence.

Browne, thou art here by Law condemnd

to die,

Which by thine owne confession thou deserv'st.

A1 men must die, although by divers meanes,

The maner how is of least moment, but

The matter why, condemns or justifies:

This play is based on a story found in Stowe's and Holinshed's chronicles, concerning the murder, in the 1570s, of a married man (Sanders), by a man (Browne) who was infatuated with Sanders' wife. The play was printed in 1599. The wife confesses to having consented to her husband's murder, and therefore is also guilty of the crime.

4 Justice only appears in the dumb show, and no trial is enacted in it. The actual trial is staged with some of the trappings of a real trial (e-g. arrival of court officers, anival of the prisoner at the bar, indictment, and entry of plea), which, as discussed earlier, help to suggest that the forthcoming actions are a model for instruction in proper judgement.

But be of comfort, though the world condernne,

Yea, though thy conscience sting thee for thy fact,

Yet God is =water than thy conscience.

And he can save whom a1 the world condemnes,

If true repentance turne thee to his grace.

Thy time is short, therefore spend this thy time

In praier and contemplation of thy end,

Labour to die better then thou hast liv'd,

God grant thou maist. Attend thy judgement n~w.. .~z

Clearly the judge is a godly man, stressing that though human justice finds Browne guilty,

God's mercy is available if he is truly repentant. Though Browne is to die, his soul may

yet be saved. The second set of accused. the accomplices and Mrs. Sanders also are

brought to the bar, indicted and pleas are entered. Though Mrs. Sanders pleads not guilty,

the judge is able to see through her lies, and urges her to repent, and refers again to God's

justice and mercy, as he had when addressing Browne:

Go to. clog nor your soule,

With new additions of more hainous sinne.

... the justice of righteous God,

Meaning to strike you, yet reserves a place,

Of gracious mercie, if you can repent,

And therefore bring your wickednesse to light,

That suffering for it in this world. you might,

a A Warnine for Fair Women - A Critical Edition, ed. Charles Daie Cannon (The Hague: Mouton & Co., 1975), pp. 172- 163,ll. 2239-2253.

Upon your heartie sorrow be set free.

And feare no further judgement in the next,

But if you spume at his affliction,

And beare his chasticement with grudging minds,

Your precious soule as we1 as here your bodies,

Are left in hazard of eternal death.43

Again. though human judgement is being passed at the trial. the judge reminds all that the

sinful will have to face another judgement after death - God's judgement. The judge has a

concern for the souls of the criminals, and stresses that without true repentance and

acceptance of just punishment, a soul will not receive God's mercy. The words of the

judge to the guilty parties reflect the ideas earlier presented in sermon literature, in that

bodily punishment is often needed to reform the sinful. and that mercy may in fact be

found in dispensing strict justice. Mrs. Sanders eventually confesses to complicity and

lustful behaviour and repents. In this play. justice is a civil force. which when properly

implemented. leads to spiritual repentance. Indeed, Mrs. Sanders praises the judgement

she has received, saying that it will save her soul. Clearly, the judge's words have aided in

transforming her into one who may obtain salvation. In this, he functions not only as a

judge, but as an external conscience. Though the main emphasis is on the guilt and

remorse of Browne and Mrs. Sanders, the judge stands as a figure of proper human

judgement and a provider of sound spiritual advice. He is a combination of justice and

mercy, thus an ideal, godly judge.

4 A Warning for Fair Women, p. 166, 11. 2347-236 1.

iii. Justice as Human or Abstraction

As stated earlier, not all of the good judges are humans: some are abstractions of

Justice. The good human judges Episcopus, Judge Daniel, Daniel, and Lord Justice are

strongly connected with God. They thank God, trust in God, follow God's will, and/or

provide advice about how to receive God's mercy. They are godly. and correct judgements

are delivered in their courtrooms. The unnamed Judge in The Contention Between

Liberality and Prodigality and the Lord Chief Justice in 2 Henry IVTU however, are

different from the abovenamed judges. in that they are more concerned with the present

world and do not regularly refer to God. The unnamed Judge conducts a trial according to

judicial procedure, and in the end refers the case to his Prince for potential mercy. not to

God. The play has a secular theme, the proper use of money, so secular treatment of the

verdict and referral is not inappropriate. The Lord Chief Justice, in defending himself to

Hal, emphasizes the judgeking relationship not the judge/God relationship. Judges are the

counterparts of God and their sovereign, and in 2 Henrv IV, the Lord Chief Justice is a

judge speaking to a newly crowned king. Thus, in stressing the judgeking relationship, he

makes an attempt to speak to Hal in words that will be most significant to him. In the Lord

Chief Justice's words are found the requirement to obey the king's ministers as the king,

* Although the Lord Chief Justice is the only unnamed major character in the cast of 2 Henry IV, he stands as a self-contained "real" figure due to the fact that he is connected with both an historical person and a figure of popular tradition.

stressing worldly authority not divine authority. It is understood, of course, that a

sovereign's authority comes from God. Further, the Lord Chief Justice is referred to as

carrying an "unstained sword" of justice, connecting him with the divine. Also, he

adheres to the ideals of justice and is able to remain free of judicial comption and provide

proper judgement. as does the Judge, and their godly counterparts. The good judges all

demonstrate the proper use of judicial authority, whether stressing its divine or secular

source.

Unlike the human judges (either with or without stressing a divine connection), the

abstractions of justice have more varied functions. Justice in Respublica and Equity in The

Contention Between Libenlitv and Prodigalitv serve as justices of the peace responsible for

the arrest of criminals, combining an active secular function with their symbolic function.

Respublica and Nemesis in Respublica and Severity in Like Will to Like are magisterid

judicial figures who pass sentence against offenders. In their judgements, justice is

stressed over mercy. Justice in Albion. Kni& and Authority in The Tide Tarrieth No Man

are more generalized personifications of justice. Justice in Apius and Virginia has the

multiple function of emblem. representation of Justice. and sentencing judge. Although

they are good judicial figures, they are not specifically humans, and can be seen as

extensions of secular law andlor God.

iv. Conclusion

As has been shown, several of the good judicial figures combine the divine and the

earthly in their manner and judgements. Episcopus is obviously connected with the divine

because he is a bishop who heads an ecclesiastical court, and who allows judgement to be

made by God (i-e.. by the trial by ordeal), but he is presiding at an all-too-earthy trial

concerning accusations of adultery. Judge Daniel of Nice Wanton has a connection with

God through his name, his quoting of the Bible, and his concern with obeying God;

however, he is a judge in a secular court who also speaks of obedience to his king. Justice

in Respublica speaks of coming from heaven, and bringing heaven to earth, but functions

like a contemporary Justice of the Peace. Authority in The Tide Tarrieth No Man is

connected with the divine through his words and in speaking of God's power to amend

Christianity. while he is connected with the secular by means of the sentences passed.

Justice in Apius and Virginia has a connection with the divine through his knowledge of

the hearts of the participants and events of the case before him. but he functions as a secular

court judge in his sentencing. Daniel in The Moste Vermous and Godlye Susanna is open

to God's will. and at the same time explains the proper use of legal safeguards to ensure

that justice happens in court. Lastly. the Lord Justice in A Warnine for Fair Women

stresses God and the need for repentance to save one's soul, but he is also a judge in a

secular court. The combination of secular and divine emphasizes the fact that judges are

counterparts of God. Further. the combination underlines the importance of keeping God

in one's mind and judging as God would judge.

According to Penry Williams. records indicate that in Tudor England "professional

judges were by and large more inclined to mercy than the local landowners who sat on the

commissions of the peace.llJj This inclination among professional judges presents a

marked contrast to the plays' good judicial figures, for there is little to connect them with

mercy. Instead, justice is placed in a more prominent place in these characters' dramatic

45 The Tudor Regime, p. 232.

judgements. With both the human judges and the abstractions, mercy (in the sense of

granting a reprieve or acquittal) is represented at best as an ideal or at worst an

impossibility, while justice is what is required in practice. Mercy is most often viewed as

something to be granted by God to a soul. not by human to human. Like Veritas' position

in The Castle of Perseverance, the focus on justice in the plays suggests that there exists a

concern that if sinners/criminals are not caught and punished, then corruption spreads?

The good judges are not as dramatically interesting as the bad judges - typically

evil, wickedness, and foolishness are more interesting than goodness. The good judges are

also not as interesting as the dramatic God who, in His clearest judicial roles, specifically

the Doomsday plays and The Castle of Perseverance, appears in plays that let the

imagination soar. In their strict, shining goodness, the good judges can be somewhat

unrealistic. Although these good judicial figures may be rather dry, they do have

significance. Primarily the good judges are instructive, providing positive examples, in that

they actively model the qualities of good judges which are found in the background

material. In addition, there is a certain pleasure in seeing the wicked characters punished,

and by enacting accurate judgement and just punishment, conventional morality is

vindicated. There is a pleasure in seeing the wicked pay for their crimes both in these plays

and in the earlier Doomsday plays. There is also a pleasure in seeing that the good

a The lack of judicial leniency, combined with the representation of good judges who follow God's will andlor seek what is best for the country by enacting strict justice, can be interpreted as a criticism of contemporary judicial leniency. As noted in Chapter II, the excessive granting of pardons was a problem. The criticism could also be aimed at the courts themselves, for Tudor courts typically were no better than earlicr courts at securing the attendance of the accused, and there was a general opinion that thieves had too good a chance to escape justice (The Tudor Rerrime, pp. 23 1-232.) The real or perceived danger that criminals were escaping in real Life could prompt a desire to see justice s u c c e s s ~ ~ y enacted.

characters, with whom one usually sympathizes, are saved or justified. In the good

judgements of these judges. there is a reaffirmation of the possibility of justice in this

world. and a hope that justice will continue to exist in this world. The good judges dso

reaffirm faith in good government, good laws, and God, which implies a confidence in the

contemporary system.

CHAPTER N

THE BAD JUDGES - PART I

i. Summary

As was seen in Chapter I, often materials from across time agree about what

constitutes a bad judge, and this underscores the commonality of the concern about bad

judges. These qualities find acdve representation in dramatic judges, and may be

summarized as follows: partiality, including personal affections (Psalm 82. the Geneva

Bible and its marginalia, St. Thomas, Piers Plowman. Jacob's Well, Perkins, Coke, and

Bacon): having a personal history of crime, evil or inj~rstice (Plato, Home, the Gesta

Romanorurn [indirectly], sermon literature, Coke, and Bacon [indirectlyJ): not keeping

God's will in one's mind (Home, Piers Plowman, Jacob's Well, sermon literature, Perkins

[indirectly J, and Coke [indirectly]); greed, including taking bribes (St. Thomas, Piers

Plowman, Jacob's Well, sermon literature, Smith, and Coke); envy (sermon literature);

pride (the Gesta Romanorum [indirectly], Smith, Perkins [indirectly], and Bacon); youth

(Plato and Home); verbosity (the Gesta Romanorum and Bacon): impatience (Bacon);

and hypocrisy (the Bible, sermon material, Home, Perkins). Interestingly, lechery , which

is the vice which prompts the evil actions of the judges in four of the plays to be

considered, i.e., Apius and Vireinia The Moste Vertuous and Godlve Susanna Promos

and Cassandra, and Measure for Measure, is not found in any of the contextual material as

a judge-specific failing.' In Piers Plowman, the incensed Theologye makes the accusation

that Symonye and Cyuylle live by "lesynges" and "lecherouse werkes," but he seems to be

referring to profiting from other's lies and lechery, not their own. As for the sermon-

writer's comment that judges sin "by sight," this could suggest lechery, but more accurately

it suggests envy. The consequences of having a bad judge are made clear through the

background material: the wicked prosper and the innocent suffer, thus justice does not

happen or is perverted; God's will is not done; and the reputations of institutions such as

the law and the church suffer as they are tainted by the corruption of the judiciary. The

contextual material provides warnings and/or urges that bad judges be punished, chiefly

that they receive strict justice from the Divine Judge.

ii. The Plays and Their Bad Judges (Medieval)

The plays to be discussed in Chapters N and V are: the Biblical Plays (N-Town:

The Prolomes of Satan and John the Baptist: The Conspiracy: The Entry into Jerusalem,

The Last Supper: The Conspiracv With ludas, Herod: The Trial Before Annas and

--

I G.R. Owst (Literature and the Pulpit in Medieval England, p. 346)- quotes a story in John Bromyard's Summa Praedicantium, in which an abbess who brought suit could not get a hearing from a judge until she came to court with some good-looking nuns from her convent. This incident is criticized as an instance of partiality, not lechery. Lechery can be an aspect of partiality. in that one may favour an individual whom one is lusting after, but the term lechery is not specifically used in the quoted contextual material. Instead, references to partiality either imply favouring a friend, or tie partiality to bribetaking, thus the judge favours the individual who provides the largest bribe.

Cavphas, The Death of Judas: The Trials Before Pilate and Herod, Satan and Pilate's Wife:

The Second Trial Before Pilate; York:' The Consoiracv. Christ Before Annas and

Caiaphas, Christ Before Pilate I: The Dream of Pilate's Wife, Christ Before Herod, Christ

Before Pilate II: The Judeement3; Towneley: Conspiracio, Coliphizacio. Flagellacio,

Talentorum: Chester: The Passion; Wisdom; Mankind; King Carnbises; Apius and

Virginia; Like Will to Like; The Moste Vermous and Godlve Susanna; Promos and

Cassandra; Woodstockj: I Henrv IV; 2 Henrv N; The Merrv Wives of Windsor; The

Downfall of Robert Earl of Huntin~don; How a Man Mav Choose a Good Wife From a

Bad; and Measure for Measure. These have been listed in a general chronological order,

although the Biblical Plays' placement has more to do with Biblical precedent and with the

fact that Biblical Plays were being presented earlier than the other works. though this is not

necessarily reflected in the dates of the extant manuscripts. Mention will be made before

discussing plays in which the above order is not followed. The bad judges found in these

plays manifest some or many of the summarized characteristics. Also. some plays have

more than one bad judge while others include both good and bad judges. In having more

than one bad judge. different aspects of corruption or bad judgement are illustrated. When

7 - EIza Tiner explains in her thesis how the progress of York's plays The Cons~iracv, Christ Before Annas and Caiaohas, Christ Before Pilate I: The Dream of Pilate's Wife, Christ Before Herod, The Remorse of Judas, and Christ Before Pilate II: The Judgement "are unified by their courtroom settings and the progress of a case through rhetorical debate in a legal context." (Elm Cheryl Tiner, "Inventio, Dispositio, and Elocutio in the York Trial Plays" [PhD dissertation, University of Toronto. 19871, p. 7.) She also details how the courtroom scenes parallel stages of procedure in major criminal cases passing before ecclesiastical and civil courts (pp. 5 1-66).

This play is incomplete.

J Woodstock is incomplete, lacking the last folio.

a play contains bad and good judges, the two sharply contrast with one another,

highlighting their flaws or merits respectively.

In the Biblical plays, generally the precedent for action has been set by actuai

biblical figures. Among these are four main bad judges, specifically the ecclesiastical

judges Annas and Caiaphas (who will be discussed together), and the secular judges Herod

and Pilate. These four characters appear in the N-Town, York, Towneley? and Chester

plays. and will be discussed as follows: first the plays concerning Annas and Caiaphas,

then those concerning Herod, and finally those concerning Pilate. This order is being

followed because Annas and Caiaphas initiate the proceedings against Christ, while Herod

has a role in the middle of the proceedings, and, although Pilate is seen before Herod. Pilate

is the one who delivers the ultimate verdict against Christ which ends the judgement

sequence.

Before beginning the discussion of these major judges. mention will be made of

other bad judges found in the Biblical Plays.6 in addition to traditional biblical characters,

an unnamed damned judge. who does not appear elsewhere in the plays, is included in the

Chester Last Judgement play. interestingly, though most of the damned have saved

counterparts, the judge is one of two who do not -- the other is a merchant. In confessing

the sins which have resulted in his damnation. the judge admits:

... I... falsely causes tooke in hand

and mych woe dyd elles.

5 Towneley lacks a Herod who judges ksus.

As discussed in Chapter 11, the common people's inability to judge. which contrasts with proper divine judgement, is seen in the familiar retelling of the story of the Woman Taken in Adultery in N-Town, Chester, and York.

When I sought sylver or rych sound

of baron, burges, or of bound.

his moote to further ever I would found,

were yt never so fake.'

His recited sins are judge-specific as listed in this chapter's summary, not the traditionally

damning failure to perform the Acts of Mercy. He took bribes from the wealthy to hrther

their causes, even if they should not have prevailed. He also acknowledges wilfully

wronging the poor and the Church. And. incredibly, the judge admits to wanting to lie to

the Divine Judge, as he says. "Though I would lye, noe boote wyll bee."8 The break in the

symmetry of the play's presentation. which is caused by the unmatched wicked judge and

merchant among the souls, serves to make a very clear negative comment on the two

professions. Most strikingly. however, the damned judge. in his recited actions and

dramatic positioning. stands in stark contrast to the Divine Judge aloft in heaven.

Another character who shows himself to be a bad judge is the Towneley Cain. In

Mactatio Abel, Cain enacts a second injustice after killing Abel. when he sets himself up as

a combination judge/justice and cryer, who frees himself from blame for the murder and

cries the king's peace, saying: "That no man at thame fynd fawt ne blame."g God, when

judging Cain, does not find Cain faultless or free him from blame. This instance showing

Cain as self-appointed judge (and cryer) is contrary to Home's words that parties to the plea

- - - - - - - - - -

Chester. The Judgement, 11.302-308. Further, Demon Secundus later says of him, "This justice, lord, was ever thy foe, / but falsehood to further hee was ever throo" (11. 665-666).

Chester, The Judgement, 1.3 14.

Towneley, Mactatio Abel, 1.423.

cannot be judges - and to the notion that someone with a criminal background cannot be a

judge. God's justice is countered by a mixture of human partiality, corruption and

misplaced mercy. making a mockery of human justice.

Among the Biblical Plays. the N-Town plays do much to enact dramatically a legal

process.10 led by unjust judges, that is. the trial and conviction of Christ. A stage direction

describes the discovery of Annas at the opening of the play The Conspiracv, which is a

segment of The Prologues of Satan and John the Baptist: The Conspiracv; The Entry into

Jerusalem:

Here .mi Annas shebwn hymself in his stage beseyn afiyr n busshop of

pe hooki tmve in a skarlet gowne, and otiyr pat a biav tabbard furryd

with whyte, and a mytere on his hed afcer pe hoolcl lawe; ij doctory

stondyng by hym in furryd hodys, and on beforn hem with his stagof

nstat. and eche of hem on here hedys a fitrqd cappe with ci gret knop in

pe crowne...

The stage direction is clearly open to interpretation. Some scholars believe that Anna is

dressed as a fifteenth-century ecclesiastical court judge who shares his stage with two

doctors of canon law who wear the traditional dress of fifteenthcentury lay and

lo It is not known for certain whether any or all of the N-Town plays were performed. The stage directions either suggest a performance, likely a place-and-scsold presentation like The Castle of Perseverance, or (though this is less plausible) are present to aid in a reader's visualization of the scene.

1 1 N-Town, The Conspiracv, 1. 164 sd.

ecclesiastical judges;'' however, others suggest that this was not the case. rather that they

were wearing something not contemporary, that is, costume reconstructed from

information in the Old Testament. l 3 Annas soon has his fellow ecclesiasticd judge,

Caiaphas (also with two doctors), summoned, and two civil judged4. Rewfyn and Leyon.

These two judges, who have no precedent in the Bible. are found in the place. and are

wearing "ray tabardysfitrryd, and ray hodys crbouth here nec&sfiirryd."l5 Though the

exact nature of their costuming is in question. Rewfyn and Leon are presented as the

secular counterparts of the ecclesiastical judges Amas and Caiaphas. Though it is clear that

the events are not taking place in an English courtroom, these descriptions assist in relating

what is being presented or read to the audience's experience. As Miri Rubin writes:

It is clear that the vernacular religious plays spoke in a language of religion

which most folk could understand, and further contributed to the elaboration

and constitution of that language. They used material from the didactic

12 Lynn Squires, "Law and Disorder in Ludus Coventriae," pp. 272-285 . in The Drama of the Middle Ages: Comparative and Critical Essavs, eds. Clifford Davidson, C.J. Gianakaris and John Stroupe (New York: AMS Press, Inc., 1982), p. 279. Stephen Spector also suggests that Annas and Caiaphas may have been dressed as medieval bishops, or variants thereof. citing research by M.D. Anderson (Drama and Imagery in English Medieval Churches, p. 162) and images in the Holkharn Picture Book (f. 30) which show Jews with mitres (N-Town, The Conspirac~, note to I. 1 Hsd, p. 493).

13 The Passion Plav from the N. Town Manuscript, note to 1. 164 sd, pp. 17 1-172.

"The two are identified as judges in The Conspirac~, 1.256 sd & 1. 257.

15 N-Town, The Conspiracy, 1.244 sd. According to Squires, the striped robes specifically identify them as sergeants-at-law ("Law and Disorder," p. 279). Meredith also presents evidence that striped garments were connected with various court officials from the Chancery, King's Bench, Common Pleas. and Exchequer, including the sergeants (The Passion Plav from the N. Town Manuscript, p. 174). In England, judges were chosen from among the sergeants-at-law (Historical Introduction to Legal Studies, p. 152).

stock and constructed human archetypes which appealed to the audience's

life experiences: the hen-pecked husband, the scold. the unjust judge, the

gossips, the older man and his younger wife. The familiar biblical figures

were further embellished as vehicles for satire, a play on human failings,

fears. and guilt..! (my emphasis)

Regardless of costuming, in the play, these wicked human judges stand in contrast to the

Divine Judge.

N-Town's A n n a describes himself and his function in boasting monologue:

As a prelat am I properyd to provyde pes.

And of Jewys jewge, pe [awe to fortefye.

I, Annas. be my powere xal comawnde, dowteles:

pe lawys of Moyses no man xal denye!

Hoo excede my cornawndement. anon 3e certefye:

Yf any eretyk here reyn. to me 3e compleyn.

For in me lyth pe powere all trewthis to trye.

And pryncypdy oure lawys -- Po must I susteyn.I7

A n n a is identified as a judge of ecclesiastical law whose main concern is eliminating

heresy. Along with his fellows, Annas fears that Jesus will destroy their laws. They also

fear that they will be personally guilty of trespass against Caesar and their own laws if they

do not act against Jesus. Caiaphas identifies himself as follows:

l 6 Miri Rubin, Corpus Christi - The Eucharist in Late Medieval Culture (Cambridge: Cambridge University Press, 199 1). p. 284.

17 N-Town, The Conspiracv, 11. 165- 172.

As a primat most preudent. [ present here sensyble

Buschopys of pe Iawe with a1 pe cyrcurnstawns.

I, Cayphas, am jewge with powerys possybte

To distroye all errouris pat in oure Iawys make varyawns.

AU thyngys I convey be reson and ternperawnce,

And all materis possyble to me ben palpable.

Of pe lawe of Moyses I haue a chef governawns:

To seuere ryth and wrong in me is termynable.

His concem with destroying "errouris" speaks of his concem with heresy. Caiaphas'

assertion "All thyngys I convey be reson and temperawnce," can easily be called into

question because neither he nor the council with whom he meets behaves with reason or

temperance. Within twenty-four lines of convening their session, based on fear, they have

stated that Jesus "is worthy to dey with rnekyl peyn"I9 on unsubstantiated charges of

witchcraft,~O treason and heresy." The sentence that the first doctor with A n n a

recommends, i.e., hanging, drawing, and burning, is one way in which the action of the

18 N-Town. The Conspiracv, 11. 209-2 16.

19 N-Town. The Conspiracv, 1.3 12.

" "He werke with wechecrafte in eche place" (N-Town, The Conspiracv With Judas, I. 325). Similar accusations are made in The Trial Before Pilate: "He hath browth oure lawys neyr to confusyon, I With hese craftys wrowth be nygramancye I Shewyth to pe pepyl be fals symulacyon" (11.270-272) and in The Trial Before Herod: " 3 a be fals

crafte of soserye.. J And be sotyl poyntys of nygramancye, I Many thowsandys fro owe lawe be fdle" (ll. 177- 180).

3 "He is an eretyk and a tretour bolde 1 To Sesare and to oure lawe" (N-Town, The Cons~iracv With ludas, 11.309-3 10). Many other such accusations are made.

play was made familiar to the audience. for treason was the only capital offence under

English common law which did not have only hanging as the penalty.?? Jesus speaks of

mercy and saving humanity, unlike the members of the Council who speak of cruelty and

death. Jesus rides in on a donkey, while the Council appears with great estate, contrasting

His humility with their ostentation- The chief contrast, however. is the audience's

understanding that the Council members are wicked judges. while Jesus is the perfect

judge.

In The Consairacv With Judas, a new speaker. Garnaliel. says that they should wait

no longer to imprison Jesus, and advises: "Jewge hym to deth with gret dyspyth!"7J The

Council's minds are filled with malice, thus they are not impartial; partial judges are bad

judges. Rewfyn speaks for the wicked Council, saying that they will pay Judas for Jesus.

Although the common criticism is that judges receive bribes, here their corruption is in

paying to entrap an innocent man in order to be able to convict him on false charges. This

judicial council actively conspires to further its own villainous agenda.

When Jesus meets the Council in The Trial Before Anna and Cavphas, Annas

accuses Him of subverting their law. One of the accusers is not pleased with Jesus'

response and strikes Him. Such an action is clearly not appropriate courtroom protocol,

but no one makes a move to stop the abuse. Further. the doctors who provide testimony

against Jesus are presumably the same ones who in the earlier play had recommended

22 John G. Bellamy, Crime and Public Order in England in the Later Middle Ages (London: Routledge & Paul. 1972). p. 188.

23 N-Town, The Conmiracy With Judas, 1. 1089.

death sentences.zJ They are prejudiced witnesses. In all cases, Jesus' supposed heresy is

truth. By denying the truth, the crime for which Jesus is convicted is thrown back on the

accusers. The judges have been judged, and it is they who are truly guilty of heresy in the

ecclesiastical court and the court of the audience's opinion.

Ln The Trial Before Pilate, Annas and Caiaphas and their cronies are reduced to the

position of prosecuting attorneys, because they have no authority to judge someone to

death. as Pilate does. As Potter explains:

The subsequent examination of Christ before Pilate, while following the

biblical narrative. emphasizes legalistic manoeuvrings, as h a s and

Caiaphas urge Pilate to pass sentence. and Pilate seeks to evade jurisdiction

in the case. The fifteenth century audience would have tbund a particular

relevance in these machinations; since medieval churchmen could not be

directly involved in the punishments requiring the shedding of blood, they

were consequently compelled to seek the co-operation of the King's courts

in bringing heretics and other offenders against the church to justice?

Pilate's role will be discussed later. but with Pike's agreeing to condemn Jesus, a lengthy,

dramatically represented injustice which began in The Conspiracv, and continued through

The Consoiracy With Judas and TheTrial Before Annas and Cawhas, and was funhered in

The Trial Before Pilate ends. Notably, the theatrical representation of injustice has been

accented by the combination of the audience's knowledge of the events which occurred to

z4 I identify the doctors who speak in the Conspiracy play and those who speak in the Trial play as being the same characters, that is, the doctors who are members of Amas' and Caiaphas' entourages.

25 "Divine and Human justice," pp. 13 1- 132.

the historical Christ and the occasional contemporary touches. such as the reference to a

current form of punishment.

Anna and Caiaphas clearly display the signs of a corrupt judge in the York play

The Conspiracy. They come to Pilate, the country's chief secular judge, and openly admit

that they hate Jesus. Being prejudiced against an accused, they could not possibly be

impartial judges. Furthermore. they openly seek maintenance from Pilate? Caiaphas

states, "Hartely we hym hate as we awe. / And pereto schulde ge rnayntayne oure

myght."" Clearly, the two are unjust judges. Later. in Christ Before Annas and Caiaphas,

their malevolence is expressed by their false accusations, abusiveness towards Jesus, and

name-calling. It can also be assumed that their anest of Jesus has been performed

inappropriately, based upon Jesus' comments that rather than arrest Him openly in public

during the day, they came at night with "brondis vnbrente."'8 in order to conceal their

activity. Caiaphas also speaks of engaging in another illegal activity, that is, obtaining false

witnesses against Christ: "I can reken a rable of renkes Full right. I Of perte men in prese

from this place ar I pas, / pat will witnesse ...p er tales for uewe can they telle."29 Annas

and Caiaphas are clearly abusing their positions as judges. As mentioned in reference to

N-Town. when the ecclesiastical court find Jesus guilty of heresy, they in fact convict

themselves of the crimes for which they convict Jesus, for His "heresy" is truth. Blind to

xi As explained in Chapter III, maintenance was against the law, and occurred when a party who should be impartial provided support to a certain individual or group.

27 York, The Conspiracy, 1.98.

28 York, Christ Before Anna and Caiaphas, 1. 3 18.

29 York, Christ Before Pilate II: The Judgement, 11. 108-1 10 & 1 16.

truth, and being powerless, they refer the case to Pilate. ceasing to function as judges but

becoming false witnesses.

Towneley and Chester make less use of Annas and Caiaphas as judicial figures. In

Towneley's Cons~incio, unlike York's The Conspirac~, the &ng Pilate clearly has the

strongest judicial function. and Annas and Caiaphas have rather minor roles. Indeed, in

Conspiracio, it is Pilate who initidly makes the suggestion that Jesus be killed (11. 1 12- 1 15)

after listening to Annas' and Caiaphas' complaints, and it is Pilate who orders Jesus' death

(11. 172- 173). Later, in Coliphizacio, Caiaphas is a figure of raving animosity, while Annas

is put in the rather odd position of insisting that things be done "by the book." Annas is

assured that there is a legal way for them to fulfil their designs -- evil and unjust though

they are. It is frightening that the law could possibly support such actions, so Amas' desire

to be guided by the law is, as Stevens and Cawley point out, "...a device that gives the

Wakefield author a rich opportunity to continue his satire of contemporary legal

malfeasance. "30 Annas is by no means opposed to a death sentence. but he reminds

Caiaphas that ecclesiastics cannot kill, thus the case must be transferred to Pilate in a

secular court which has such power. In Fla~ellacio, in which Jesus is condemned, Annas

and Caiaphas do not appear.

In Chester, the judicial function of Annas and Caiaphas is also very limited, in that

there are other accusers besides the pair and their fellow judges, and jurisdiction quickly

30 Towneley notes, p. 554. In his examination of the prosecution of Christ in the context of contemporary concerns with prosecuting heresy, Theodore De Welles casts additional light on Annas' and Caiaphas' attack on Jesus. He explains that although the playwright neither portrays Christ as a Lollard nor defends Lollardy, he is cautioning against the irresponsible use of the heresy charge by showing an "innocent man charged with heterodoxy by a heresy-obsessed society." ("The Social and Political Context of the Towneley Cycle," p. 374.)

shifts to Pilate. An understood contrast between divine and human justice is made,

however, when Jesus advises the pair, "...me yet shall thou see I sytt on Goddes right

hande him bye / mankynd in clowdes to justefye."31 Caiaphas believes Jesus is lying and

His words provoke an angry outburst. Caiaphas' intemperate anger is caused by hatred,

and according to St. Thomas, hatred is one of the factors which perverts justice.

In all cases, h a s and Caiaphas come into the trial andor examination of Jesus

with preconceived notions and prejudiced minds. The outcome of the proceeding is a

foregone conclusion. The two are biased against Jesus, the accused, and they seek to use

the law for their own end, that is to eliminate ksus. They are all shown as partial judges,

and partiality is something which the background material identifies as an aspect of a bad

judge. The most wicked representations of A n n a and Caiaphas are those in the York

plays, for they have the added crime of attempted maintenance added to their partiality.

Jesus appears before King Herod in N-Town, York, and Chester? Though

clearly a tyrannical king, Herod of N-Town's Herod: The Trid Before Annas and Cavphas

shows a concern with law and order, and he functions as a judge when he is called upon to

hear evidence against Jesus. In his long-winded introductory speech. he identifies himself,

his plans, and his orders:

I am Herowde, of kwys kyng most reverent,

pe lawys of Mahownde my powere xal fortefye;

3ef ony Crystyn be so hardy his feyth to denye,

31 Chester, The Passion, 11-48-50,

32 Chester's Herod will have only brief mention, since he has a very minor role.

Or onys to erre ageyns his lawe,

On gebettys with cheynes I x d hangyn him heye,

And with wylde hors po traytorys xal I drawe!

To kylle a thowsand Crystyn I gyf not an hawe!

To se hem hangyn or brent to me is very plesauns:

....

For pe lawys of Mahownde I have in governawns,

pe which I wele kepe - pat lord hath no pere:

For he is god most prudent.

Now I charge 3ou, my lordys pat ben here,

Y f any Crystyn doggys here doth apere,

Bryng Po tretorys to my hey powere.

And pei xal haue sone jewgement.33

Herod identifies himself with his false god Mahownde and his laws. rather than with the

true God and divine law. He is a violent, misguided, ungodly individual. The ranting

speech includes anachronistic comments, such as in the references to Christians, hanging,

burning, and drawing, that would have created a connection between the play and the

contemporary audience. Primus Milus, addressing Herod, says: "In 3ou all jewgement is

termynable," and Secundus Milus says: "Noping in 3ou may be more comendable / As to

dysstroye 30 vaytorys 3 a erre / Ageyn oure lawys ..."w Herod is looked upon as a

powerful legal figure by his soldiers. After all of Herod's blustery threats and promises,

however, in The Trial Before Herod segment of The Death of Judas: The Trials Before

Pilate and Herod, when Jesus is sent to him by Pilate, Herod does nothing. Despite Annas'

words:

We knowe he hath wrowth get tbli

Ageyns pe lawe shewyd present.

Therfore Pylat sent hym on to pe

pat pou xuldyst gyf hym jugement35

and the testimony against Jesus, Herod says he "wyl take peron c0wncelle."3~ then NmS to

what he really wants in seeing Jesus. He wants to see some miracles. Herod is baffled by

Jesus' silence, then becomes angry. and has Jesus beaten without making judgement

against him. As may be recalled, impatience is one of Bacon's criticisms of bad judges.

Also. according to St. Thomas, anger perverts justice. Herod's words on the importance of

laws mean nothing, and the fact that he has jurisdiction in the case means nothing; he only

wants to be entertained.

York's Christ Before Herod portrays Herod as loud and boasthi in the opening

scene. He says that people should listen to him, for he is "a lorde pat is lerned to lede you

be lawe~."3~ Herod goes to bed with wine and bestows the blessing of Satan and Lucifer

on his attendants. His "blessing" is a clear indication that he will not be a good judge or a

good human being, for the servant of devils would be an evil force not open to God's

35 N-Town, The Trial Before Herod, 11. 16 1 - 164.

36 N-Town, The Trial Before Herod, 1. 192.

37 York, Christ Before Herod, 1. 22.

will.38 When soldiers bring Jesus to Herod for trial, he would rather remain in bed than

hear the action. His personal desires are more important than justice. Once persuaded to

hear the case, Herod becomes frustrated when he is unsuccessful in impressing Jesus or

eliciting any response from Him. He is, like his counterpart in N-Town, an impatient

judge. When Jesus' miracles are related, Herod says that such abilities are the devil's

deeds, and so wonders why the soldiers would want to execute Him, Herod makes this

foolish conclusion, and then later he and his sons compound their foolishness by assuming

that Jesus is a f0ol,3~ and mocking Him. Herod decides to have an "Oyez" cried, and says

that if no one speaks against Jesus, He may go free. When no one appears, and when no

evidence is found against Jesus in Herod's court rolls, Herod curses Jesus and sends Him

back to Pilate. Herod has not, of course, made the correct judgement and set Jesus free; he

has merely referred Him back to His first judge.

Like their source in Luke 23, the Herods of the Biblical Plays abuse but do not

judge Jesus. The dramatic Herods are loud, boastful tyrants who are not open to God's

will and who display a lack of concern for justice when cases are brought before them.

Despite having jurisdiction in the case against Jesus, none render verdicts. They are

impotent judges. Further, they are comically ineffectual, and so a source of laughter.

However, their tasteless cruelty darkens the humour, and in laughing at the scene, the

38 Miriam Skey has studied the Herod character in English and Continental drama and narrative. She also notes Herod's diabolical aspect in her article "Herod's Demon Crown", published in the Journal of the Warburg and Courtauld Institutes, 40 ( 1977), pp. 274-276.

39 Likewise, Chester's Herod assumes that because Jesus is siIent he is a fool, clothes Him in the white garment of a fool, and returns Him to Pilate unjudged. Herod appears in a very brief scene, a mere thuty-five-lines long.

audience is implicated in Jesus' suffering, and the injustice of Jesus1 experience is brought

to the audience's mind.

It is Pilate who is the ultimate earthly judge of Jesus. In The Trial Before Pilate

segment of N-Town's The Death of Judas: The Trials Before Pilate and Herod, the

Messenger from Caiaphas greets the secular judge Pilate as "Prynce of al pis Jur6 and

kepere of pe lawe."@ Despite being the keeper of laws and having judicial authority in the

land. Pilate does not want to act as judge. This is seen in his impatience with the demands

of Annas and Caiaphas. in his repeated attempts to give the case back to them. and in his

passing the case to Herod when the pair refuse to pass judgement. In The Second Trial

Before Pilate, Pilate says that since neither he nor Herod has found any fault in Jesus, the

accusers must be to blame, suggesting Annas and Caiaphas are engaging in malicious

prosecution. He does not, however, turn the Iaw on the two. When Pilate continues to

refuse to judge Jesus, A n n a threatens to bring Pilate up on charges of treason against the

Emperor. Pilate is a judge who capitulates to threats made by individuals he knows are

scheming. and he allows a known criminal ( Barabbas) to be set free while condemning an

innocent man. Ln his sentencing of Christ. both Pilate's dialogue and the stage directions

place the action in a courtroom setting:

We must syt and our offyce do.

Brynge forth to pe barre pat a m to be dempt,

And pei xal haue here jugement.

Here pei xal brynge Barabas to pe barre, and Jesu, and i j pews in here

LK) N-Town, The Trial Before Pilate, 1. 12.

shertys, bareleggyd, and Jesus standyng at pe barre be- them. And

Annas and Cayphas .wl gun into pe co~vncell hous pvnn Pylat

~ y r t y [ t h ] . ~

Pilate is not, of course, truly "doing his office", for his office should be the dispensing of

justice. and what he is doing is an injustice. Pilate passes an extreme sentence against

Jesus. a person in whom he finds no guilt. The traces of contemporary legal procedure

which enact an injustice would have heightened the dramatic moment for the audience.

The Pilate in the York plays is hailed by both a beadle and by Caiaphas as the "leder

of la we^."^^ Though vain and boastful, Pilate starts as a reasonable judge in The

Conspiracv, warning Annas and Caiaphas that they should not allege too much, and that

there is no point to groundless accusations. He also rehses their request for maintenance.

Nonetheless, when Judas is making arrangements to betray Jesus to Anna and Caiaphas,

Pilate observes of Judas, "pou art a juste man."a Making such an observation clearly puts

Pilate's judgement in question, bringing to mind Plato's concern that wickedness could

neither know itself or virtue. In Christ Before Pilate I: The Dream of Pilate's Wife, Pilate

scoffs at Anna and Caiaphas, and at their list of Jesus' crimes, which include curing

N-Town. The Second Trial Before Pilate, 11. 168- 170,l. 170 sd. Spector notes of 11. 167- 186: 'The scene in the play recalls the charge to a jury and the rendering of a verdict in a medieval criminal proceeding1' (The N-Town Plav Cotton MS Vespasian D. 8, note to 1. 170sd p. 5 12). Meredith also notes that the sentencing is carried out partly as in a contemporary court (The Passion Play from the N. Town Manuscri~t, note to I. 656sd. p. 206).

42 York, Christ Before Pilate I: The Dream of Pilate's Wife, 1. 55 & 1. 266.

York, The Conspiracv, 1. 225.

people, having followers, and raising the dead, saying, "Wher lerned ye such l a ~ e ? " 4 ~ that

is, to execute someone for good deeds. Despite such hopeful signs. another suggestion

that there is something less than just about Pilate comes when his wife warns him that the

two of them will suffer if "Jesu vn-justely be j ~ g e d . " ~ s If Pilate were always a just judge,

no such warning would be required. Their son also warns Pilate based on fear of reprisals,

and not based on whether Pilate's decision would be just or not, saying: "Deme hym noght

to deth for drede of vengeaunce."46 As discussed in Chapter I. a good judge should be

courageous and not fear reprisals. After the Dream sequence and before sending Jesus to

Herod, a distinctive contemporary touch is added, for Pilate orders a Beadle to make an

"Oyez" then orders Jesus called to the bar.

Christ Before Pilate II; The Judgement is unfortunately missing a leaf after the

scourging and before Pilate washes his hands. In this play, Pilate refers to himself as one

who "...may darnpne 3ou and dra~e...."4~ making an anachronistic reference to a

contemporary punishment, but providing a hint of familiarity for the audience. When

Pilate questions Christ, the audience is reminded that Pilate's status as judge is temporary,

for one day he, and Anna and Caiaphas, will face the Divine Judge, as Jesus states: "Of

ilk tale pou talkis vs vntill I pou accounte sall, pou can not escappe."" Once again, Pilate

31 York, Christ Before Pilate I: The Dream of Pilate's Wife, 1.453.

45 York, Christ Before Pilate I: The Dream of Pilate's Wife, 1. 168.

" York, Christ Before Pilate I: The Dream of Pilate's Wife, 1. 290.

47 York, Christ Before Pilate II: The Judgement, 1. 5.

York, Christ Before Pilate II: The Judgement, 11. 306-307.

does not want to judge Jesus. and so he gives Annas and Caiaphas the right to judge Him.

but the pair refuse, since as ecclesiastics they c m o t kill. Without providing evidence,

Caiaphas asserts that Jesus treasonably claims the crown. so Pilate gives the orders for

Jesus to be scourged.* Significantly, he orders a punishment when there is no evidence

that a law has been broken: this is clearly an injustice. Though Pilate for the most part is a

reasonable judge in this play, he is also a blustery figure who is, like his biblical

counterpart, a weak judge who bows to unsubstantiated cl;tims by spiteful accusers.

Pilate's assertion. "Jesus will be justified by oure jugement"s0 never happens. Jesus is not

brought to justice, He is the victim of Pilate's (and others') injustice.

Towneley's Pilate is clearly a corrupt judge, and in a speech in the Consoiracio he

breaks the dramatic illusion to provide an unflattering description of himself, in which he

identifies himself with the judges who would have been the audience's contemporaries:

I am kyd, as men knawes,

Leyf leder of lawes:

..*

For I am he that may

Make or mar a man,

Myself if I it say,

As men ojkowrte now can:

Supporte a man today,

49 Pilate does not involve himself with Annas' and Caiaphas' manoeuvrings until the suggestion is made that the state is threatened, but of course this is the only one of their charges that is within Pilate's jurisdiction as a secular judge.

50 York, The Conspiracy, 1.226.

To-mom agans hym than.

On both parties thus I play,

And fenys me to ordan

The right;

Bot ail fals indytars.

Questmangers and iurers.

And d l thise Fds outrydars

Ar welcom to my sight? (my emphasis)

Piiate identifies himself as a compt judge. He states that he plays upon both parties, which

implies that he accepts bribes from both sides. pretends to side with the individual who

should prevail, and then turns against the person. He also says that he favours individuals

who file false suits ("fals indytarsU)5' and compt jurors. Despite this speech, however,

Pilate unusually exhibits a sense of the law. for when soldiers first try to persuade him to

condemn Jesus, he becomes angry. and says: "Pease. harlottys, the dwill you spede! I

Wold ye thus preualy morder a man?"53 After this aberration, in the Flagellacio, Pilate

returns to being his old self.

I am full of sotelty.

Falshed, a l l , and trechery;

Therfor am 1 namyd by clergy

51 Towneley, Consoiracio, 11. 10-1 1 & 11.27-39.

5r As discussed in Chapter I on p. 5 1, malicious suits were a problem in the England.

53 Towneley, Conspiracio, 11. 760-76 1. Towneley's Pilate is notably inconsistent, having earlier (11. 1 12- 1 15 and 172- 173) called for Jesus' death himself.

As mnli actoris.

For like as on both sydes the iren the hamer

makith playn,

So do I, that the law has here in my kepyng;

The right side to socoure. certys. I am full bayn,

If I may get therby avantege or wynyng:

Then to the fals pane I m e me agayn,

For I se more vayll will to me be risyng.j4

Pilate will "play with both hands" in order to profit, like the Vice Ambidexter in King

Cambises. Pilate's words reveal that he is actively wicked; truth and justice mean nothing

to him. Pilate also speaks in praise of the pettiness of humanity, saying: "(We men that

vse bak-bytyngys, / and rasan of slanderyngs. I ye ar my dere dar lyngy~."~~ Like his

earlier comments, this suggests that he is a partial judge who favours the wicked in the

causes before him. It is finally revealed that Pilate's main problem with Christ is His "new

lawes." of justice, mercy, and equity. which stand in clear opposition to Pilate's greed and

cruelty. Nonetheless, Pilate is not quick to condemn Jesus, so the torturers threaten that if

he does not condemn Him, they will go to Caesar and no longer be his friends. Pilate takes

their threat as an opportunity to absolve himself from the blame for this judgement which

he does not want to make, and more importantly, for which he does not want to accept

j4 Towneley, Flagellacio, 11. 10- 19.

55 Towneley, Flaeellacio, 11. 36-38. The quotation in the next sentence is from I. 4 1.

responsibility. He is loud and boasdul, but essentially a coward. Also reflective of Pilate's

character is his manoeuvring against the torturers in the Processus Talentorurn. He feels

entitled to Jesus' garments and fmt asks for the clothes as a gift (bribe?) from the torturers.

When they refuse, Pilate threatens them and eventually cheats them out of the garments in

a dice game?

In Chester's The Passion,j7 Pilate, despite having supreme authority in the land, is

shown to be a weak judge. Annas describes Pilate as "...the hye justice. / Syr Pilate is both

warre and wise I and hase the Iawe to keepe."5* Like his fellow Pilates, he attempts on

several occasions to shift jurisdiction from himself. Annas and Caiaphas go so far as to

refuse to allow Pilate to leave his own court, stating they cannot judge Jesus because they

cannot kill. Piiate lacks the ability to assert his authority in his own court. As in other

cases, Annas' and Caiaphas' admission that their end is Jesus' death reveals their animosity,

but Pilate does nothing. Despite repeatedly finding no reason to execute or harm Jesus.

Pilate orders Jesus to be beaten in an attempt to give satisfaction to the accusers who he

wishes would stop bothering him. In the end Pilate capitulates to the requests of the

persecutors after they threaten to denounce him to Caesar* and sentences an innocent to

j6 Further. in the earlier play Coliphizacio, Caiaphas did not want to bring Jesus to Piiate, "Lest Pylate for mede I Let Ihesus go" (11. 629-630). Caiaphas knows that Pilate is a judge who can be bought. It is interesting to note that this especially clear picture of a corrupt civil judge is fitting with the tone of previous plays in the Towneley group, such as in the Secunda Pastorum, in which other current oppressors (e-g., landowners) of the poor and innocent are openly criticized.

57 This play does not have the same courtroom sense that is found in N-Town or York. Also, unlike the Towneley play, it makes no jibes at current courtroom practice.

58 Chester, The Passion, 11. 1 i 5- 1 1 7.

death- Though wise enough to see that Jesus is innocent. and having final authority for

judgement in the land, Pilate is a weak judge, who is more concerned about preventing

himself from having to face Caesar's potential anger than providing justice. His cowardice

prevents justice from happening in his court. and according to material quoted in Chapter I,

courage is a sign of a good judge.

In Luke's gospel. Jesus appears before Pilate on two occasions. with the meetings

separated by the visit to Herod. and this plan is followed in all but Towneley which lacks a

Herod. York and Towneley characterize Pilate as a loud and boasdul tyrant. Despite this.

York's Pilate comes closest to fitting the "good Pilate" tradition." As explained, however,

he is by no means all good. Like their more sedate fellows in N-Town. Chester, and the

Bible, these Pilates are ultimately individuals who capitulate to the wicked. The most

significant separation From the biblical tradition is the Towneley version, in which Pilate

speaks as a contemporary corrupt secular judge who foregrounds disgraceful courtroom

practice. York makes the events familiar to the contemporary audience by having Jesus

tried at the bar and by references to an extant form of legal corruption, i-e.. maintenance

(The Conspiracv, 11.47-54 and 1-98), though York's Pilate is not corrupt in the same sense

as Towneley's. N-Town's representation of Pilate is also suggestive of a contemporary

59 This tradition minimized the wickedness of Pilate's unjust condemnation of Christ; instead, it focused on the fact that Pilate was an instrument of God, allowing for Christ's sacrifice which secured salvation for humanity.

secular judge, in that he condemns Jesus and the thieves at the bar.60 By means of

occasional familiar references, the audience is able to relate on a deeper level to the injustice

suffered by Jesus.

In Wisdom,61 Anima has three attributes, Mind, Will, and Understanding, who are

supposed to assist in keeping Anima on the path of goodness. After coming in contact

with Lucifer. however, these three are transformed from their original state. Most

interesting for this examination are Understanding and Mind. The former becomes

Pe jury, whose key functions include pe jury. simony and bribe-taking:

And I vse jorowry,

Enbrace questys of pe ju ry

Choppe and chonp with symonye.

And take large yef ty~.~l

The latter becomes Maintenance, who speaks of the widespread nature of this crime,

saying "Law procedyth not for meyntnance" and "Mayntnance ys now so rnyghty. / Ande

60 Jesusf trial before Pilate becomes ultimately a treason trial. In England, the judge at a treason trial was responsible for ensuring that the interests and rights of the accused were maintained for "if the offence was treason or felony the arraigned person was not normally allowed the advice or assistance of legal counsel in the courtroom. This was not new: it had been the practice throughout the Middle Ages" (John G. Bellmy, The Tudor Law of Treason: An Introduction [Toronto: University of Toronto Press, I979 1, p. 142). The audience could there fore make a connection between current practice, Jesus' situation, and Pilate's position. Clearly, Pilate fails at his judicial task. The representation of Pilate shows how the innocent can suffer by means of an ineffective judge.

6' It is possible that this was a play of the Inns of Court. If so, the criticisms of judges and the legal system would have been made by and for those directly involved.

6' Wisdom, pp. 1 13- 152, in The Macro Plays, EETS OS #262, ed. Mark Eccles (London: OUP, t 969), 11.637-640.

all for mede."63 Bribery is a key feature of their judicial system, and Understanding

stresses that "(w)o wyll haue law must haue monye," and:

The law ys so coloryde falsly

By sleyttys and by pe jury.

Brybys be so gredy

pat to pe pore trowth ys take ryght nought a hede."

Truth is absent and justice does not occur in the world in which these characters operate.

While no trid takes place in the dramatic action, references to aspects of corruption

discussed in the background material, e.g. taking bribes, are repeatedly found. A mock

Quest of H ~ l b o r n , ~ ~ made up of Understanding's corrupt jurors, dances across the stage,

and is identified as follows:

Jorowrs in on hoode beer to facys.

Fayer speche and falsehede in on space ys.

Is it not ruthe?

The quest of Holbom cum into pis placys.

Ageyn pe ryght euer pey rechases.

Off worn pey holde not, harde hys grace ys.

Many a tyme haue dammyde truthe

63 Wisdom, 1. 653 & 11. 67 1-672.

6J Wisdom, 1.666 & 11.673-676.

65 According to Eccles (The Macro Plavs, pp. 2 1 1-2 12), the Quest of Holbom "was probably a jury presided over by the sheriff and justices of Middlesex." The satirical pairing of this judicial body and Understanding's corrupt jurors does not speak well for this inquest.

Let se fyrst Wronge and Sleyght;

Dobullnes and Falsnes schew yowr myght:

Now Raveyn and Dyscheyit;

Now holde yow here to gydyr.

Thys menys consyens ys so streytt

That pey report as rnede yewyt beyght.66

The six jurors dance across the stage accompanied by music. likely performing some kind

of masque illustrating their corruption, enumerated as injustice, trickery, duplicity,

falseness, robbery, and deceit. Again, it is stated that decisions are based upon bribery.

The jurors' attire is described in a stage direction: "gownyde, wyth hodys abowt I her

nekys. hattys of meyntenance pewpon. vyseryde dyuersly ..."67 They are in the corrupt

Understanding's livery (for he is providing them with maintenance), and are masked, with

the masks likely representing the "two faces" of the lying jurors. Will knows how the legal

system works, for he says, "Haue pey a brybe, haue pey no care / Wo hath wronge o r

ryght"68 and Understanding affirms that the father of himself and his six jurors is

Covetousness. Covetousness in accepting bribes, as may be recalled, was a key failing of

judges as described in the contextual material, and the taking of bribes is the highlight of

Understanding and his fellows. Several lines later. Understanding tells how he goes to

Westminster, the seat of law. and makes money by use of writs, bribery, and false

66 Wisdom, 11. 7 18-730.

67 Wisdom, 1. 724 sd.

Wisdom, 11. 737-738.

testifying. He also states that he will indict or acquit. "yff nede ~ e r e , " 6 ~ i-e., however

required in order to profit. Mind shares judges' ill-gotten gains and backs litigants for

profit. When Will tells his two friends that there is a man he wants to stay away from his

cousin. Understanding talks of how the legal system may be used against the man. Will

expresses concern that their activities will be discovered. but Understanding assures him

that their deeds will be concealed with money. Their exchange suggests that the laws are

not a problem: rather, those working in the legal system are the problem. Clearly Mind,

Understanding and his jurors are not the only corrupt members of the legal system.

Significantly. these become figures of legal corruption after coming in contact with the

devil. so their actions in this sequence should be viewed as those of the ungodly, not only

the corrupt. It should not be considered unusual that bad judges be deemed ungodly, for as

was seen in Chapter I, the Bible (thus God) provides clear instructions about how to be a

good judge: those who do not follow God's commands are ungodly.

In Mankind, after the devil Titivillus has played his tricks on Mankind and

convinced him that Mercy is dead, Mankind welcomes the three WorldIings70 (New

Guise, Now-a-days, and Nought), whom he had previously scorned. He listens to them

tell of their recent escapades, of escaping from prison and attacking and robbing the jailer's

wife, and then he begs their mercy for earlier having beaten and injured them. The

Worldlings' leader, Mischief, establishes himself as a manorial court judge, with the three

as court officers, in order to to try Mankind.

MYSCHEFF. ... I wyll sett a corte.

69 Wisdom, 1. 8 1 1.

70 This term was coined by Kathleen Ashley.

Nowadays, mak pr~cla~iacyon,

A do yt sub forma jurys, dasarde!

NOWADAYS. Oyyt! Oyjyt! Oyet! All manere of men and

comun women

To pe cort of Myschyff othere cum or sen!

M d y n d e d l retorn; he ys on of owr men.

MYSCHEFF. Nought, cum forth. pou xdl be stewerdem7'

Without even considering his actions, by his name alone Mischief is a Vice figure, and

necessarily a cormpt judge. He is also an ally of the devil, Titivillus. To make mattes

worse, he appoints his incompetent, iniquitous cronies to be the officers in his "court."

Early in this " C O U ~ " session, New Guise takes Mankind's coat to trim it, claiming to be

making Mankind more fashionable. Mischief proceeds to praise his steward's illiterate

Latin, and to make nonsensical rhymes while waiting for the return of the coat. His court

is a place of foolishness and deception. Mischief finally has Mankind swear "in court" to

be lecherous, rob, steal, kill, carry a dagger, to frequent inns and avoid Mass and the

Hours, and to uphold the Seven Deadly Sins (or as New Guise says, six deadly sins. for

lechery is not a sin). The Vice as Judge sees Mankind swear in his compt court to uphold

the evil and injustice that Mankind had fought against earlier in the play, or to engage in the

activities which civil and ecclesiastical courts would normally prose~ute.~' Significantly,

he swears in "court" to do that which would result in his being damned by the Divine

Judge.

In these early plays, as in the later Tudor plays, the judges possess the

characteristics which the material in Chapter 1 identified as being found in bad judges. The

difference between these earlier plays and the later plays is that the former tend also to

show the bad judges possessing an additional wickedness. h the Biblical Plays,

ecclesiastical judges Annas and Caiaphas show active evil, while secular judges Herod and

Pilate exhibit passive wickedness, but chiefly all work against Christ, and are responsible

for His unjustified conviction and death. In Wisdom, the good characters Understanding

and Mind become Pe jury and Maintenance only after a visit from Lucifer. They heed the

counsel of the devil, not the counsel of Wisdom who represents Christ. In Mankind, the

Vice-Judge Mischief is an associate of Titivillus. the devil. and both seek ultimately to lure

Mankind from the priestly Mercy and to destroy Mankind's soul. This connection with the

ungodly gives these bad judges a dimension which their later fellows usually lack.

-- - -

72 The contemporary audience viewing Mankind would have been familiar with the manorial court. By the time of this play, manorial courts had rolls filled with petty offences against the law, order, and morals, and the difference between these and the larger courts seems to have been the lesser degree of the parties concerned, which made them beneath the attention of the sheriff (Warren Ortman, Private Jurisdiction in England p e w Haven, CT: Y d e University Press arid London: Humphrey Milford, 19231, p. 8). As the manorial courts were for the common people, so Mankind represents the common man. Such details made the audience easily able to associate with the play's events. By inverting the manorial court from a place of local justice to a place of total incompetence and vice that promotes common criminal behaviour, the author is able to criticize ineffectual and c o m p t practices in local courts.

CHAPTER V

THE BAD JUDGES - PART II

i. The Plays and Their Bad Judges (Tudor)

The bad judges of the Tudor dramas also possess the characteristics which are cited

in Chapter I in reference to bad judges. Although these later judges tend not to be directly

represented as ungodly (with the exception of those in The Moste Vertuous and Godive

Susanna and Like Will to Like'), this is indirectly suggested by means of the actively

wicked judges' downfall. These judges tend to be destroyed or removed by the sovereign

of the land (i-e., God's deputy) or by some person or allegorical figure strongly connected

with God. These later plays utilize the contextual material's characteristics of bad judges to

show these figures offending their sovereigns andlor harming their fellow citizens. And,

like their earlier fellows, these plays endeavour to teach by negative example.

In Kine Carnbises, prior to departing on campaign, the King decides to place

someone in charge of the realm. The individual is "To sit and judge with equitie when

Susanna is, of course, a biblical dnma, so a connection to the divine is expected. Although Nichol in Like Will to Like has no official judicial status, he is a Vice and is in league with Lucifer.

things of right are stand."' In addition to being regent, the person is to function as a judge.

Sisamnes, a judge identified as one who is intelligent and learned in the law, is given the

place. As discussed in Chapter I, these qualities are found in a good judge. However, one

of the lords of the court has suspicions about Sisarnnes:

Report declares that he is a man that to himself is nye,

One that favoureth much the world and too much sets therby.

But this I say of certainty: if he your Grace succeed

In your absence but for awhile, he wil be warnd indeed

No injustice for to frequent, no partiall judge to proove,

But to rule all things with equitie ...3

Favouring the world suggests that Sisamnes is greedy; thus. there is a danger that he will

accept bribes. The lord also openly suggests Sisamnes may be partial. These are qualities

mentioned in Chapter I in reference to bad judges. Although Sisamnes offers twice that if

he offends he should be executed in order to make example for others, in a soliloquy he

shows his true colours: greed and violence.

Now may I were the brodered garde, and lye in down bed soft.

Now may I purchase house and land and have all at my wil.

Now may I build a princely place my rninde for to fulfil.

Now may I abrogate the law as I shall think it good.

Thomas Preston. King Carnbises, pp. 447-503. in Tudor Plavs: An Anthologv of Earlv English Drama, ed. Edmund Creeth (New York: W.W. Norton and Company Inc., 1966). 1.54.

3 King Cambises, 11.67-72.

If anyone me now offend, I may demaund his b10od.~

Although the lord's suspicions are justified, from Sisamnes' words, it appears that he has

not yet engaged in corrupt activities. Had he been accepting bribes prior to his elevation, he

would have had the money to live the lavish lifestyle he plans in his speech.

Sisamnes' questionable character is also seen in that he recognizes and welcomes

the Vice. Ambidexter, who reveals that the two are well known to each other. A good

judge should not be a close associate of a wicked figure. The Vice counsels Sisamnes to

proceed with his desires. and Sisamnes agrees to increase his level of corruption.

Sisamnes acts quickly, refusing to hear the complaints of a poor man who cannot give him

a bribe. In this. Sisamnes disregards God's will, for the Bible states that the poor should be

heard and receive proper justice. It is the Vice who summarizes the consequences of bribe-

taking: "Bribes hath corrupt him good lawes to pollute."5 As in Wisdom, the law is not

the problem. the people who work in the legal system are.

Upon the King's return, allegorical characters step forward with accusations against

Sisamnes, who repeatedly denies their claims. The first character who speaks. Commons

Cry. has little force, while the second character. Commons Complaint, is effective. In

addition to making accusations, this character brings forward Proof and Triall. Proof

speaks:

I, Proof, do him in this appeal. he did the Commons wrong.

Unjustly he with them hath delt, his greedy was so strong.

His hart did covet in to get, he cared not which way.

- - -- -

"ne Cambises, 11. 1 14- 1 18.

King Carnbises, 1. 338.

The poor did leese their due and right because they want to pay.

Unto him for bribes. Indeed, this was his wunted use.

Wheras your Grace good lawes did make, he did the same abuse?

Proof shows that Sisamnes has those attributes which the contextual materials indicated

constitute a bad judge. Trial1 affirms Proofs words, so following this allegorically proper

legal conviction, Cambises orders Sisamnes' execution. The judge is ordered executed. and

the fact that his fall is a warning to judges is stressed by Sisamnes' and the King's words.

There is no definitive proof that Sisamnes had actively engaged in cormpt

behaviour before his elevation, but the comments of the lord and the fact that he is well

known to the play's Vice suggest that he had not been a good judge in the time before the

action of the play. Further. his immediate reversal into thoughts of corruption suggests he

was merely waiting for an opportunity to act with impunity. Perhaps the "absolute power"

he was given in Cambises' absence pushed him over the edge to cormpt him "absolutely."

His crimes are all connected with those that repeatedly occur in reference to judges -- greed,

partiality, and demanding and accepting bribes. When accused. the fact that he refuses to

admit to what he has done marks him as a liar and coward. Sisamnes' only redeeming act

occurs in his warning to his son, the future judge.

Otian, my sonne, the king to death by law hath me condemned,

And you in roume and office mine his Graces wil hath placed

Use justice, therfore, in this case, and yeeld unto no wrong,

Lest thou doo purchase the like death or ever it be long.'

King Cambises, 11. 399-404.

King Cambises, 11.44 1-444.

Sisamnes states that his death is deserved according to the law. He realizes that he has

done wrong, and explains that his fall is a warning and it instructs how not to judge. The

means of his fall stresses the use of proper legal channels.

Apius and Virginia8 contrasts the corrupt. lecherous Judge Apius with a virtuous

family. The Vice Haphazard tells Apius that if he follows his advice, he will obtain the

object of his lust, Virginia. As with Sisamnes, Apius' voluntary association with the Vice

further darkens his already wicked character. The Vice's plan is that Apius should have an

accomplice bring charges against the young woman's father. stating that she was a slave

stolen from the man in infancy. and then while she is in custody. pending the outcome of

the trial, Apius may have his way with her. Apius does experience a brief moment of

moral conflict. which is demonstrated in an emblematic dumbshow by allegorical figures

lustices (with a sword) and Conscience (with a lamp); however. his qualms are quashed

by the Vice. As Justice later states, lust suppresses justice. In the person of Haphazard,

wickedness encourages lust which motivates greater evil. Also, Apius' impatience --

something which Bacon considered a quality of a bad judge -- later makes him ignore the

pleas of his Conscience. Apius refuses to listen to Justice and Conscience. the two

The source of this story is Livy's History of Rome from its Foundation, in which the attempt on the young woman ignites a popular revolt against Apius' illegally ruling aristocratic party (Dena Goldberg, "Appius and Virginia: A Story of Rape and Tyranny -- Two Renaissance Versions," Dalhousie Review, Vol. 66, No. 1 ,2 [Spring/Summer 19861, pp. 98-99). In England, prior to its first dramatic appearance in Apius and Virginia in 1575, the story had earlier been the subject of the Physician's Tale in Chaucer's The Canterbury Tales. The political context which is Livy's main concern is absent in Chaucer's tale and in the drama.

Importantly, since Apius is a judge, justice should be a force within him, but it leaves him, becoming separate. From the point of Justice's entry as a character, therefore, justice is a force which Apius no longer controls or represents.

attributes most appropriate to a judge: instead, he listens to a force of evil and agrees to use

his position as a judge to harm the innocent.

When summoned to Apius' court by the accomplice Claudius, Virginius addresses

the judge respecdully, but Apius greets him hypocritically:

With tender hart Virginius, thou welcome art to me,

I sory am to vtter out, the things I here of thee:

...

And though in deede 1 loue thee so, as thy deserts desire,

Yet not so but I must Judgment geue, as Justice doth require!

The cormpt judge's words falsely stress his impartiality. and Apius. who is in no moral or

ethical position to dispense justice, refers to the innocent Virginius as a criminal whom he

must judge. Apius later states that if he cannot have Virginia, he will kill her. [n this, he

sinks even lower, prepared to commit murder. When Apius' plans are foiled, he calls

Justice and Reward to punish Virginius. He should realize that his actions make justice a

force which is no longer at hls command, but he does not. Reward informs him: "Thy just

Reward, is deadly death."' The merciless receive no mercy. as discussed in Chapters I

and II. The mode of punishment of the evil judge assures the audience that there is a force

of justice beyond that which can be abused by the wicked.

Apius is cormpt on many levels. He lacks the moral virtue which is represented by

Virginius and his family and which is lauded in the play. He lusts after a young woman,

and even if she had returned his feeiings, he woujd have been guilty not only of the sin of

'0 Apius and Virginia, 11. 8 19-824.

I I Apius and Virginia, I. 107 1.

fornication but also of adultery, for he reveals in an early speech that he is married. Apius

offers monetary reward to those who are willing to assist him in fulfilling his evil desires

to abuse the innocent. Constant virtue is contrasted with constant vice, suggesting that if

one is wicked in one thing, one will be wicked in others. The story illustrates that those

with a criminal background should not be judges. as the contextual material shows. Apius'

crimes are all compounded by the fact that he is a judge who uses his judicial authority in

an attempt to further his own end by instigating a false accusation and by attempting to use

his position to punish one of his own victims. As may be recalled, judicial hypocrisy was

particularly criticized by Home. Apius refbses to adhere to the basic values of his

profession, represented by Justice and Conscience: a judge who behaves this way is a bad

judge.

Like Will to Like's Vice. Nichol Newfangle plays the judge in order to give

judgement on which of two villains is the greater knave. He takes his role somewhat too

far, berating the two for standing before him, a "judge", while wearing caps and for

addressing him in a familiar manner. Concern for judicial dignity and propriety is mocked

as the Vice takes on the trappings of a judge for such a frivolous matter. Nichol informs

the two that they will have to compete to see whose knavery will triumph. His cryptic

promises to them of reward include fust place and consolation prizes such as the properties

of Thomas-a-Waterings or Tybum Hill (i.e., places of execution), or a Beggar's Manor.

Ironically, Nichol speaks as if he were an equitable judge as he says, "In faith, I will give

such equal judgement / That both of you shall be well pleased and content."12 Nichol

dupes the types of corrupt humanity that the audience should dissociate themselves from,

12 Like Will to Like, li. 432-433.

drunkards, rioters, and pickpockets, and he in fact pushes them down the road to the

inevitable end for such criminal behaviour - execution or poverty. Thus, wickedness,

though it may be attractive, is destructive. and representatives of evil, though they may be

appealing, cannot be trusted. The play also warns that evil or vice can have many guises,

including that of a judge. Significantly, in a quotation which refers to the tradition that

judges are the counterparts of God, one of the competitors, Tom Tosspot, foreshadows

their end: "In ordaining him a judge who will be honoured as a god. / So for our own tails

we have made a r0d."~3 The words speak of an expectation of strict justice from judges.

rather than mercy. At the same time, Tom unconsciously expresses the fact that he and his

fellow competitor are responsible for their own actions and fates, for they have "ordained"

the Vice Nichol their judge, making him the one whom they will seek to satisfy and whose

direction they will heed. Indeed, in an interesting twist on the idea of inversion. the

rewards which Nichol offers which involve execution turn out to be the very judgements

against the men made by Severity, the good judge. In this play, the Vice becomes an agent

for, or foreshadowing of, the good judge, before he rides away on the devil's back.

Among the figures in the biblical story of Susanna are two elders of the people who

had been appointed judges, according to God's direction in Exodus to select judges from

amongst the people. Susanna is married to Ioachim, and since he is an honourable,

upstanding man, these judges and others come to him for advice. While visiting Ioachim

the two judges see Susanna while she walked, and "...their lust was inflamed toward

13 Like Will to Like, 11. 356-357.

her."l-L After seeing her, they are no longer the upstanding elders they had been, and

"...thei turned away their rni(n)de, and cast downe their eyes, yt thei shulde not se heauen,

nor reme(m)bre iuste iudgements." At fmt the two keep their feelings hidden from each

other out of shame, then one day discover each other hiding to watch Susanna, so confess

their attraction for her to each other. When they encounter Susanna alone, they make the

threat that if she refuses to submit to them, they will denounce her. Susanna says she

would rather fall into their hands and not do what they ask, than to sin in the sight of God.

They report her, and the assembly believes them, "...as those that were the Elders and

iudges of the people." and condemn Susanna. Before she can be executed. God raises the

spirit of young Daniel,Is who instructs the assembly how to interrogate the two judges

properly:

Are ye such fooles, 6 Israelites, that without examination, or knowledge of

the uueth, ye have condemned a daughter of Israel? Returne againe to

iudgement: for they have borne false witnes against her ... Then said Daniel

vnto them, Put these two aside, one farre from another, and I will examine

them.

The two judges are found silty by means of Daniel's examination, and are condemned.

Thus, there are three bad judges to be discussed: the presiding judge and the two lustfiil

judges.

j 4 The Geneva Bible (A Facsimile of the 1560 Edition), intro. L.E. Berry (Madison: University of Wisconsin Press, 1969). leaf 448-449. Ail quoiations from this story are from this text.

' 5 As explained in Chapter Ill, the name Daniel means "God is My Judge," or perhaps "Judge of God."

The Moste Vertuous and Godlve Susanna is an updated version of the biblical

narrative; it even uses some of the same dialogue. However, when the two lecherous

judges bring Susanna up on charges of adultery. the procedure includes hints of a

contemporary legal proceeding. There is a bailiff, a cryer to perform an "oyez", a judge to

ask who accuses Susanna, and a formal swearing in of the parties. While it clearly is not

an English courtroom, such familiar echoes help the audience to relate to the event. The

two bringing charges present their story and the defenceless Susanna cries to God. The

judge immediately orders her execution, and at this time, the spirit of Daniel is raised.

While Daniel is open to the will of God and to truth, the presiding judge is not. Whereas in

the Bible Daniel addresses the assembly who has condemned Susanna, here the judge has

condemned her. so Daniel's words, though addressing the plural "Israel," must be directed

at the presiding judge, who has heard the false testimony and has passed sentence based

upon the lies.

Why are you fooles 0 Israell, or are your wits disrnayde.

Or have you not the pollicie, the truth to know and trie,

Why have you now condemned here, this Israelite to die.

And that which worst is yet of all and filleth her harte with ruth.

You have done this (oh foolish men) and have not knowen the truth,

Go sit in iudgement once agayne, the witnesse they have borne,

Is false. and yet their gravity your sences doth subbome. 16

Though very similar to the biblical address. the speech is directed at one person, so the

dramatic words are more cutting. Daniel suggests that the judge is a fool who does not

have the ability to see the tmth, and whose judgement is clouded by partiality shown to

those who appear wise and sober. As previously indicated, a partial judge is a bad judge.

Hearing Daniel's words, the presiding judge orders Susanna untied and the two wicked

judges bound. Daniel says pointedly. "God also did make Maiestrates. the pore to h e l p

and stay, / Yet some doe vyle examples show. which now doe beare a sway ..."I7 His

words are directed both to the presiding judge. who has not made any effort to help

Susanna. and to the two judges who actively have plotted against her. h the biblical story.

Daniel takes charge, but here. there is an added line in which the presiding judge asks

Daniel how he should proceed. Any judge who needs to be told how to conduct his court

is incompetent. Daniel tells the judge: "Com(m)aund that these two wicked men may

straight be put asunder. 1 And how they shall accuse themselues, it will make you to

wonder." '8 Separation of the accusers to examine if their story is true is clearly an ancient

and proven investigative technique, yet the judge does not think to apply it against the two.

- -

16 Susanna, 11. 1068- LO7 1. If the words were not to be interpreted as being directed specifically at the judge, it would have made more sense for Garter not to have added the courtoom trappings (e.g., the oyez, swearing in, etc.) and to have directly followed the Bible's story by having Susanna appear before a judical assembly who decides her fate, rather than before a judge. Alternately, Garter could have had an assembly find her guilty, followed by the judge passing sentence based upon their verdict. The action of the play points to poor judgement rendered by judges. not by people in general.

17 Susanna, 11. 1122-1 123.

18 Susanna, 11. 1 136- 1 137.

After Daniel has examined them. the judge asks Daniel to pass sentence. but Daniel

refuses. and the judge sentences them to death. Though not an active attacker, the judge's

incompetence could have had dire consequences, malung him a bad judge. The play

shows that there are passive and active ways that a judge can harm the innocent.

The other two judges in the dramatic version of the story of Susanna are identified

as Voluptas and Sensualitas. They are actively wicked judges who represent the unnamed

judges from the Bible. To satisfy their lust, the two act in open hypocrisy. lie. and seek the

assistance the Vice, an ally of the devil? They spend time with the virtuous Ioachim, not

to Ieam more of the law. but to eye his young wife, Susanna. The stage direction reads,

"Note that from the entraunce of Susanna, the Iudges eyes shall never be of her. till her

departure. whispering betweene themselues. as though they talked of her."" Sensuaiitas

reveals his hypocrisy and all too worldly concerns with appearances as he says:

But we are counted Elders here. and doe the people guide.

And that we doe must secrete be, least that we be espide,

For God or his threateninges, I passe it not a strawe.

But for myne honour in this world. it is I stand in aw?

Significantly Sensualitas. a judge and counterpart of God on earth. states that he does not

fear God. He has no regard for the day when he will face the Divine Judge. This specific

lack of concern for God is not in the biblical source, and its inclusion in the drama

l9 The Vice Ill Report and the devil have no source in the biblical narrative. The judges' wickedness is compounded by their association with such characters-

'O Susanna, 11. 359-36 1.

a Susanna, 11.43 1-434.

foregrounds the contrast between the depths to which human judges may stoop and perfect

divine justice. Its presence is also a warning for judges to conduct themselves properly.

Voluptas insists that he is ready to do anything to have his way with Susanna and that he.

too. is a hypocrite who is only concerned with worldly pleasures and appearances:

Therefore I doe assure you, I mente and doe meane stille.

By right or wrong, by force or frawde, to lyue and haue my will.

To eate and drinke to quaffe and play, I care not in what sort.

To leade my lyfe full merrily in euery kinde of sporte.

And for to haue the company of such a one as shee,

I will oppresse a thousand fooles to giue her gold and fee.

Many alwayes in our Gmentes sad and grauc we must vs show.

And that shall still our lightnesse hyde, that no man shall it know..?

The concern with bodily pleasures (i.e.. food drink. and play) is not in the biblical source,

nor is the idea of taking money in order to provide Susanna with riches. The worldliness

gives the judges an added layer of wickedness. Later. while waiting for the trial to begin.

Ioachim reveals his suspicions about the two judges. with language that refers back to the

most frequently noted judicial corruption. greed:

Are not the Judges yet come here. alas what is their care,

They waygh at all no pore mans case, but plye their daintye fare,

I hearde of late, I trust not true, they care not who doe curse,

Or who doe hlesse they force it not, so they may fyll their purse,

22 Susanna, 11.439-447.

Oh Lord thou knowest how thou doest hate, ye wicked bribing wight..?

The poor are not heard because they cannot pay, thus the two favour the wealthy. They are

partial judges who accept bribes. Once the vial starts, the two judges swear by God and

the Bible to tell the truth, something which they have no intention of doing. In this, they

offer a direct affront to God and God's justice in the seat of justice. Like Ioachim, Daniel

accuses them of judicial crimes:

Oh oIde and crooked cancred Carle, whose auncient wickednesse,

And rape and rygor thou haste done, now thus detected is.

What false decrees bast thou decreed, what lnnocentes opprest,

What guilty folke haste thou set free, which good folke doe detest,

Thou haste forgot what God doth say, 0 wicked thou knowest whan

Thou shalt not hurt the Innocent, nor yet the righteous m a d 4

Through the accusations of others and their own admissions, by the end of the play the

judges have gone from being solely Vice figures to being representatives of the common

corrupt judge. Giving the two the failings of human judges adds a touch of reality to the

two characters who had been little more than representations of aspects of lechery. It

improves the story that the two be emphasized as judges, not merely as two evil or corrupt

men. for this stress gives them added dimensions. They manifest different types of evil,

both moral and ethical. As judges, they are individuals who above all others should uphold

the law, but they attempt to use it against an innocent - the sort of person they are charged

by God to defend. Also, the fact that they are intimately knowledgeable about the ways of

23 Susanna, 11. 836-840.

'4 Susanna, 11. t 153-58.

the law and are supposed to be representatives of God's justice gives them an extra level of

responsibility for their actions. These are the active bad judges, who contrast with the

presiding judge who is a passive bad judge.

The conupt judge in Thomas of wood stock^ is Lord Chief Justice Robert

Tresilian, who at the outset of the play has not yet achieved this elevatiod6 He does not

act in a judicial capacity in the play, though as the Chief Justice. ironically, he is perhaps the

most corrupt person in the Kingdom. The historical Tresilian has the dubious honour of

being the fust figure, and one of only two non-princes" in the 1559 edition of The Mirrour

for Magistrates. As William Baldwin's introduction to this edition reads:

And althoughe he be no great prince, yet sythens he had a princelye omce, I

wyll take vpon me the miserable person of syr Robert Tresilian chiefe

Iustice of Englande, and of other which suffered with him: thereby to wame

all of his authorytie and profession, to take heed of wrong Iudgementes,

mysconstruyng of lawes, or wrestyng the same..?

The sentiment expressed in the introduction, that his fall is a warning, is stressed by

25 Although generally plays are being discussed chronologically, Promos and Cassandra will be discussed later, though it predates Woodstock, since it is one of the sources for Measure for Measure. As stated earlier. Woodstock is incomplete, lacking the last folio.

'6 The play takes license with the historical figure of Lord Chief Justice Tresilian, especially concerning the notorious blank charters. Tresilian was executed in 1388, and the charters were introduced in 1398.

27 The term "prince" includes royalty and the nobility. The other non-prince in the 1559 edition is Jack Cade, a rebel during the reign of Henry VI.

' m e Mirrour for Magistrates, Introduction, U. 56-6 1.

Ttesilian in his address. However. unlike the Mirrour's other wamings which are directed

at princes and magistrates. Tresilian's warnings are primarily directed at judges and others

in the legal profession, as he urges. "Learne by vs ye Lawyers and Iudges of the lande /

Vncormpt and vpryght in doome alway to stande."zg The Mirrour's Tresilian blames his

fall on serving a corrupt prince, but later he talks of his personal failings; in Woodstock, he

also acts according to his own agenda. In his address. Tresilian reveals himself and his

kind to be guilty of a long list of judge-specific crimes, which appear to be gleaned from

the material cited in Chapter 1: partiality; personal corruption; greed; accepting bribes; lack

of concern for justice: failing to look to God: pride; vanity. Tresilian advises that judges

should remember their sworn duty to uphold the law, which money has made them forget:

"Thou madest vs forget the fayth of our profession, I When sergeantes we were sworne to

serue the common lawe."30 He continues. urging that judges avoid accepting bribes: "Ye

Iudges and ye Iusticers let my most iust punycion, / Teache you to shake of bribes and

kepe your handes pure" and "So dulye and so trulye the lawes alwayes to skan. I That ryght

may take his place without rewarde or rnede, I Set aparte all flattery and wine worldly

drede," and avoid partiality, which includes having no concem for the opinions or

displeasure of those around them. including the reigning prince: "Be constant and careles of

mortal1 mens dyspleasure, I With eyes shut & hands close you should pronounce the

lawes."31 Tresilian also advises his fellows to remember that there will come a time when

they will not be the individuals sitting in judgement: "Take god before your eyes the iust

29 The Mirrour for Maeistrates, 11. 6-7.

30 The Mirrour for Maeistrates, 11. 64-65.

3' The Mirrour for Magistrates, 11. 122- 123, 129- 13 1. and 135- 136.

iudge supreme, I Remembre well your reckening at the daye extreme. "3' Judges, too, will

be defendants at Doomsday. With the end in mind, Tresiiian advises judges to be aware

that "Iustyce hath a fee that shall remayne a l ~ a y e ? ~ Worldly reward does not matter,

only eternal reward. The Mimour's Tresilian is the epitome of the figure of the bad judge.

For Tresilian, the main crime for a judge, that which he illustrates repeatedly, is accepting

bribes.

Woodstock's Tresilian also has a focus on riches. When Bagot tells Tresilian that

Richard is making him Lord Chief Justice, Tresilian is pleased, and muses:

Me thinks already

1 sit upon the bench with dreadful frowns

frighting the lousy rascals,

and when the jury once cries 'Guilty' could pronounce

"Lord have mercy on thee", with a brow

as rough and stem as surly Rhadarnanth;

or when a Fellow talks, cry "Take him. jailer.

clap bolts of iron on his heels and hands!"

Chief Justice, my lords! Hum, hum, hum.

1 will wear the office in his true 0rnament.3~

Tresilian is clearly a hypocrite, for Rhadamanthus represents his direct opposite. In Greek

32 The Mirrour for Magistrates, 11.132-3.

33 The Mirrour for Ma~istrates, 11. 126.

34 Woodstock, pp. 168-260, in Elizabethan History Plavs, ed. W.A. Armstrong (London: OUP, 1965), 1, ii, p. 176.

mythology, this figure was a stem, incorruptible judge of the underworld. Tresilian.

however. is thoroughly corrupt. and any sternness that he would exhibit would be for his

profit or vain self-gratification. Tresilian reassures Richard's corrupt minions that they will

not experience any trouble from him as Lord Chief Justice: rather. he plans to use the law

to assist them in their criminal activity. His assurance speaks not only of partiality to these

criminals, but his willingness to provide maintenance. In a speech which reveals his

craftiness. duplicity and caution. Tresilian states his intentions:

I will screw and wind the subtle law

To any fashion that shall like you best.

It shall be law, what I say is law,

And what's most suitable to your pleasures?

Again. the hypocrisy of his position is glaring. As Lord Chief Justice he will use the law

to abuse the innocent, turning justice to injustice. Tresilian's chief creation. the blank

charters. is an underhanded means to extract large sums of money from the people.

Corruption is piled upon corruption, for when the charters are given to Nimble. the man is

given an added responsibility of acting as Tresilian's spy, responsible for rooting out

complainers in order to deprive them of their property in yet another manner:

Attach them all for privy whisperers

And send them up; I have a new trick in the law

Shall make King Richard seize into his hands

The forfeiture of all their goods and lands?

35 Woodstock, I. ii, p. 176.

36 Woodstock, m, ii, p. 206.

The word "trick" speaks of manipulation of the law. In addition to robbing the populace, it

is revealed that Tresilian is also robbing the King.

So. Seven thousand pounds ...

So then there's four for me and three for him.

Our pains in this must needs be satisfied:

Good husbands will make hay while the sun shines, ...3'

Indeed, Tresilian is not merely robbing Richard. he is taking the largest portion of their

illicit income. Unlike the Mirrour's Tresilian, the dramatic Tresilian has no need to be

shown accepting bribes -- he actively steals what he wants. In the end Tresilian is taken by

his own man. who fean for his own life. Tresilian is presumably executed soon thereafter;

indeed. the historical Tresilian was executed, but as mentioned earlier, the play is

incomplete, missing the last folio.

Like the Mirrour's Tresilian, Woodstock's Tresilian has a focus on riches. In

contrast to the Mirrour's Tresilian who had in life engaged in the passive taking of bribes

from parties in disputes, in Woodstock he actively steals money from his weak king and

the King's subjects? As Lord Chief Justice, he uses his position to enact laws to his

benefit and to others' detriment. He also perverts good laws. twisting them to his

advantage. In his actions he goes beyond the small scope of a judge who would accept a

37 W O O ~ S ~ O C ~ , IV, i, p. 222.

38 As Jill Levenson points out ("I Richard II, or Thomas of Woodstock", in The Predecessors of Shakesware, p. 289), the King has an ambiguous role and disappears at the end of the play. Levenson suggests that the King was excluded to avoid confrontation with the doctrine of divine right. By portraying Tresilian as the scheming, greedy tyrant who is overthrown, there is no direct accusation made against a sovereign and no direct advocacy of revolt against a sovereign.

bribe and harm one person. and uses his power to harm many at once. Tresilian is also

one of the conspirators ultimately responsible for the crime of the murder of the noble,

level-headed Woodstock. He is thoroughly corrupt and without conscience, someone

totally unfit for the role of Lord Chief Justice.

Among bad judges, mention may be made of the brief hint of Fdstaff as a judge.

The source of this is found in the following exchange between Falstaff and Hal in 1 Henry

IV: -

FALSTAFF. ... s h d there be gallows standing in England when thou art

king? and resolution thus fubbed as it is with the rusty curb of old father

Antic the law? Do not thou when thou art king hang a thief.

HAL. No, thou shalt.

FALSTAFF. Shall I? 0 rare! By the Lord, I'll be a brave judge!

HAL. Thou judgest false already...39

Not only does Falstaff fit three of the qualifications which the contextual materials have

listed for a bad judge, in that he is boastful. verbose, and a criminal: in addition. in the

exchange he insults the law and is unable to interpret the true meaning of what has been

said to him by Hal. He is clearly not a good candidate to be a judge. The proof that

Falstaff would be a bad judge is also found in 2 Henry IV. Here, the Lord Chief Justice. in

speaking to Falstaff of another of his crimes, sounds u warning to the audience or reader:

"You speak as having power to do wrong."40 Falstaff sounds like a potential Tresilian.

39 William Shakespeare, Kine Henry IV. Part 1, ed. A.R. Hurnphreys (London: Routledge. 1960; rpt. 1992). I, ii, 11.57-63.

40 2 Henry IV, 11, ii, 1. 128.

Later, when Pistol informs the group that Hal is king, Falstaffs own words show his

Tresilian-like propensities: "Let us take any man's horses - the laws of England are at my

~omrnandment."~~ Falstaff is clearly one who would manipulate a law or situation to suit

his own ends. He also makes extravagant promises of dispensing titles to Shallow,

someone he had identified as a fool in V,i, and to fellow criminal Pistol. He is one who

would favour his companions. Falstaff, who sees himself as the next Lord Chief Justice.

ironically foreshadows his own fall in his mocking comment concerning this upright man:

"...woe to my Lord Chief Justice!"J~ In the end, true justice wins out over corruption - the

good Lord Chief Justice keeps his place, and Falstaff is banished.

Justice Shallow, a Gloucestershire justice, appears in two of Shakespeare's plays, 2_

Henrv IV and The Merry Wives of Windsor.43 It is revealed in nT,ii of 2 Henry IV that

Shallow had attended Clements Inn. This was an h of Chancery, "...less select than the

Inns of Court and occupied by students preparing for or unable to gain entrance to [the Inns

of C ~ u r t ] . " ~ At the introduction of the character, Shallow is placed among the lowest of

his fellows. Now an old man, Shallow enjoys regaling people with outrageous tales of his

4 2 Henry IV, V, iii, 11. 131433.

42 2 Henrv IV, V, iii, 1. 134.

43 Some scholars believe that Shallow and his nephew were satirical portrayals of two individuals who were known to Shakespeare - a troublesome Surrey justice of the peace and his nephew (William Shakespeare, The M e m Wives of Windsor, ed. H.J. Oliver London: Routledge, 1971; rpt. 19941, Introduction, p. xlix). The main references to Shallow's status as judge are found in 2 Henrv IV; Merry Wives is of lesser use to this chapter. Briefly, in Merry Wives, Shallow is as laughable as he is in the former play, for he takes himself overly seriously in his role of country Justice and he is a lying braggart. Shallow's appearances involve him vainly plotting to have his nephew Slender marry.

J4 2 Henrv W , 111, ii, note #I 3.

wild youth, including name-dropping about people he claims that he used to know. When

he meets the verbose justice. Falstaff recognizes that Shallow is an incessant liar and

reveals that he plans to cheat him. Falstaff notes the inappropriateness of Shallow's

behaviour with his people. and he states that he sees him as an object for ridicule who can

be used to amuse Hal:

They. by observing of him. do bear themselves like foolish justices; he. by

conversing with them, is turned into a justice-like servingman ... If I had a

suit to Master Shallow, I would humour his men with the imputation of

being near their master: if to his men, I would curry with Master Shallow

that no man could better command his servants. It is certain that either wise

bearing or ignorant carriage is caught. as men take diseases. one of another;

therefore let men take heed of their company. I will devise matter enough

out of this Shallow to keep Prince Hany in continual laughter ..?5

Fdstaff's comments show that Shallow associates with those who are beneath him and has

become like them. damaging the dignity of his judicial office. Also, since Shallow is so

unimpressive himself. it is not to his servants' credit that they emulate him. Falstaff

indicates that Shallow is a justice who will be partial to his friends. As previously stated,

partial judges are bad judges. As with Falstaff, the comic character of Justice Shallow

presents a clew contrast in quality between a foolish, poor justice. and the admirable Lord

Chief Justice. who was discussed in Chapter UI. It would clearly be better for Shallow's

associate, Silence, if he did not remain under the justice's influence.

The Downfall of Robert Earl of Huntingdon, a Robin Hood play from the 1590s,

includes a Justice Warman, who, although he does not have a very large part. and is not

seen in a judicial capacity, is entirely cormpt. Prior to the beginning of the play, Warman

was a steward in Robert's house whom Robert had elevated to the status of Justice,

Warman accepts monetary gifts from the evil Prior of York and further social

advancement from the Bishop of Ely in order to betray Robert. York's dialogue with

W m a n points to bribery and the crime of maintenance as he says to the compt justice

that the money given is "For your good will and furtherance in this..."& Robert is

portrayed as an upright, just. and merciful man. betrayed by someone he trusts. Religious

overtones are thus notable, specifically that Warman is a Judas fi,we. The play shows not

only justice being abused, but religious integrity, for two churchmen are the active

attackers. In this. there is another religious echo, that of Annas and Caiaphas acting against

Jesus. Family bonds are also abused. for the evil Prior is Robert's uncle. In addition to

Warman's treachery. Robert says to him that, since his elevation he has, "...vniustly haue

my tenants rackt. I Wasted my treasure, and increast your store."J7 Warman is a cormpt

judge and a thief According to material quoted in Chapter I, an individual who engages in

criminal behaviour should not be a judge. His wickedness stands in stark contract to

Robin's goodness. Warmanfs evil ways come back to haunt him when he is accused of

accepting bribes to allow the prisoner Bishop of Ely to escape, and is banished. Warman

repents, but only because he is experiencing personal hardship. not out of remorse for his

actions. He has been a complete disgrace to his office and his personal corruption and

46 Anthony Munday, The Huntingdon Plavs: A Critical Edition of The Downfall and The Death of Robert. Ear1 of Huntingdon, ed- John Carney Meagher (New York and London: Garland Publishing, Inc., 1980), The Downfall ..., ii, 1. 145, p. 128.

The Downfall ..., iii, 11. 35 1-352, p. 140.

unjust actions. such as accepting bribes, thievery, t r e a c h e e , and abuse of the poor. show

him as one who is unfit to be a justice.

How a Man May Choose a Good Wife From a Bad contains a foolish judge. The

story involves a man who, for no stated reason, detests his chaste, kind, virtuous, and

patient wife. treats her horribly, then attempts to murder her. Immediately after her

"death," he moves in with a courtesan. only to be thrown out in the street when the

courtesan fears for her own life after learning that he "murdered" his first wife. The

wretchedness of his state causes him to realize the error of his ways, and when he finds

that he was unsuccessful in murdering his wife. returns to her. and she, being an extremely

good-hearted person. takes him back.

Prior to the attempted murder, the concerned fathers of the unhappy couple

approach the local justice. Justice Reason.49 for assistance. With a character named

"Justice Reason," there are two options: either the person will be the voice of reason or the

name is ironic. The latter is shown to be most assuredly the case. The fathers do not

understand why the young man is behaving badly to his wife, and feel that Justice Reason

should speak to him. for as a voice of authority. the justice's word would be obeyed.

When first approached. before the wife has been "murdered". the Justice is impatient with

the two fathers. and tells them to send the offender right to jail. He is revealed to be a

babbling idiot, taking off on tangents from his own, or others' words.

Well all is one, for man and wife are one:

But is this all? ...

48 "Treachery" refers to Warman's actions against Robert and the absent King Richard.

49 The character does not appear in a courtroom setting.

Nay, if the case appeare thus euident,

Giue me a cup of wine, what man and wife

To disagree, I prethee fill my cup:

I could say somewhat, tut, tut, by this wine,

1 promise you, tis good Canary Sack.5o

Whether his babbling is due to drunkenness done or, since he is an old man, also to

senility is never determined. He agrees to speak to the young couple, but his advice to the

young woman is nonsensical and of no help whatsoever. When the fathers want the young

man to speak, and he says he can add nothing, the justice begins another babbling speech:

JUSTICE REASON. He hath confest euen all. for all is nothing.

This is your witnesse. he hath witnest nothing.

Since nothing then so plainly is confest,

And we by cunning answeres and by wit

Haue wrought him to confesse nothing to vs.

Write his confession.

OLD MAN ARTHUR. Why what should we write?

JUSTICE REASON. Why nothing: heard you not as we1 as I

What he confest: I say, write nothing downe ...

Bring him before me, I will vrge him with

This Gentlemans expresse confession

Against you: send him to me; Ue not fade

-- -

50 Joshua Cooke, How a Man Mav Choose a Good Wife From a Bad, The Tudor Facsimile Texts, Vol. SO, sig. D2.

To keepe iust nothing in my memorie.sI

He sends the unhappy couple away, while asking the fathers to stay for beer. This event

provides more support for the belief he is a drunkard. He is next seen at the couple's house

for dinner.

JUSTICE REASON. Well when men meete they meete,

And when they part, they oft leaue one mothers company:

So we being met, are met.

OLD MAN LUSAM. Truly. you say true:

And M. Iustice Reason speakes but reason.

To heare how wisely men of lawe will ~peake!~Z

Lusm's comments not only foreground the irony of the justice's name, but ridicule the

wisdom of those in the legal profession and those who are awed by such people. During

dinner, the couple's young servant and his teacher have a brief, fractured demonstration in

Latin, showing the poor quality of both teacher and student. f ustice Reason, however, is

oblivious to the erron, praising the boy, and saying ironically: "...againe, well answered: I

Pray God my youngest boy profit no worse."53 As discussed in Chapter I, intelligence is a

feature of a good judge, and Justice Reason's intelligence must surely be in question. After

the "death" of the wife, and the husband's arrest, Justice Reason is seen again. "I haue

heard both your complaints, but vnderstood neither, for you know Legere et nun

intellegere negligere est ... You come for fauour, and you come for iustice: Iustice with --

5' How a Man..., sig. D3.

52 HOW a Man ..., sig. F4.

53 How a Man ..., sig. G2.

fauour is not partial..."" The judge's Latin tags5 - "to read and not to understand is to

neglect" - is reflective of his actions. He reads situations incorrectly and thus does not act

properly. He also has made a critical error - his line, "Justice with favour is not partial" is

equivalent to "Justice with favour is impartial". and this is not the case. He does not

understand the main requirement of a judge. impartiality. Though he is not malicious, his

incompetence makes him a bad judge. and his excessive foolishness provides the main

comic relief in a play about spousal cruelty and murder.

Whetstone's Promos and Cassandra, published in 1578, was most likely never

performed, and it later became the source for a prose version of the tale in his 1582

Heptameron of Civill Discourses? Whetstone probably studied at the Inns of C o ~ r t . 5 ~

and if this is the case, Whetstone's familiarity with the legal system could perhaps explain

some of the pointed criticism of corrupt judges found in the play. and the sweeping

inclusion of judge-specific faults. This play later became a source for Shakespeare's

Measure for Measure.

The story of Promos and Cassandra, like that of Cambises, involves a king who

leaves his country in the hands of a judge when he travels abroad. In the King's absence,

the judge, believed to be good. is in fact proved otherwise. The judge, Promos. swears to -- --

" How a Man ..., sig. K2.

55 I could only locate this proverb in the following: Luis Iscla, SJ. English Proverbs and their Near ~auivalents in Spanish. French. Italian and Latin (New York: Peter Lang, 1995)- p. 233. Iscla does not state the source of the proverb.

56 The source of the story of Promos and Cassandra is Cinthio's Hecatomrnithi of 1565, specifically the fifth novella of the eighth decade.

57 Diana Shklanka, ed., A Critical Edition of George Whetstone's 1582 An He~tarneron of Civill Discourses (New York: Garland Publishing, 1987), p. lxxxvi.

be strict but not oppressive, and not to accept bribesSs8 Despite this promising start,

Promos proves a bad judge. based chiefly on one fault he did not mention in reference to

himself: lechery.

The victim of his lust is Cassandra. the sister of a captive youth. Andrugio, who is

in jail for the crime of lechery. At her brother's entreaty. she begs Promos for mercy on

his behalf. Promos' mind. however. is strictly on legality and justice. and he says. "Leave

off thy bootlesse sute, by law he hath bene wide, I Lawe founde his faulte, Lawe judgde

him death."s9 The pattern of their exchange closely follows the key arguments in the

dispute among the four daughters of God, as found in The Castle of Perseverance, with

Cassandra taking the part of Mercy, and Promos the combined parts of Justice and Truth.

As Cassandra asks Promos to consider her, Andrugio's wretched sister, when considering

Andrugio's fate. similarly Misericordia in The Castle of Perseverance says that she would

herself be grieved if Anima did not receive mercy. Cassandra stresses mercy even in the

face of Andrugio's crime. as Misericordia stresses mercy for Anima in the face of

Humanum Genus' sinful life. Misericordia states that Jesus' sacrifice is satisfaction for

Humanum Genus' crimes, and Cassandra states that marriage is satisfaction for Andrugio's

crime. Promos argues. iike Iusticia in The Castle of Perseverance, that justice must be

stringent, lest people suffer as a result of the actions of the wicked. Like Veritas. he states

that if justice is not stringent. a bad example is set, and people will not fear to act in evil

58 As an emblem of his position, he is given the sword of justice. As may be recalled, the sword of justicc figured in several plays discussed in Chapters [I and EI.

59 George Whetstone, Promos and Cassandra, pp. 444-5 13, in Narrative and Dramatic Sources of Shakespeare, Vol. 2, by Geoffrey Bullough (London: Routledge & Kegan Paul, 1963), Part I, II, iii, p. 452.

ways. He also stresses that Andrugio is guilty. is responsible, and should suffer for his

actions as Veritas said of Humanurn Genus. The main differences between the dispute

between Cassandra and Promos and that between the four daughters, are that the religious

aspect of the debate is absent between the human pair, and unlike Iusticia and Veritas.

Promos does have the find authority over the fate of Andrugio in the absence of the King.

When Promos reveals his plan, that is, if she yields to him. he will pardon her

brother, a scandalized Cassandra then asks herself, "And may it be. a Judge himself the

selfe same fault should use / For which he do[o]mes anothers death, 0 crime without

excuse!"60 In her words, and later in her outraged brother's words, is heard the concern

regarding the hypocrisy of a judge making judgements against those who engage in the

same crimes as the judge, while the judge does not suffer. In such a case, as Plato and

Home pointed out, justice cannot happen. After Promos has his way with Cassandra, the

judge compounds his wickedness when he decides that he will not keep his promise to

many Cassandra and spare her brother because: "Such grace woulde mee with

unindifferencie t[o]uch."61 This hypocritical qualm about being partial is laughable

considering what Promos has done. and what he plans to do, that is secretly kill Andrugio.

The second part of the play contains many explicit criticisms of judges. First, after

Cassandra has informed the King about Promos' actions towards her, the King

sermonizes:

Aucthority is such a comrnaunder,

60 Promos and Cassandra, Part I, III, ii, p. 460.

61 Promos and Cassandra, Part I, IV, ii, p. 468.

As, where as men by office beareth sway,

If they their rule by conscience measure not.

The poore mans ryght is overcome by might.

If love or hate from Justice leade the Judge.

Then money sure may overrule the case.

Thus one abuse is cause of many moe:

And therefore none in Judges ought to be?'

The King criticizes the acceptance of bribes, abuse of the poor, and judgements which are

not based in good conscience, and he says that such flaws should not exist in judges. His

statement that one abuse causes many more foreshadows later revelations about the extent

of Promos' corruption. Presumably based upon Promos' actions. the King orders an

accounting of reports of judicial abuse in his realm. If the head of a country -- especially its

legal head -- is cormpt, there will be corruption elsewhere. The suspicion is confmed

when one of Prornos' subordinates is brought up on charges and convicted. Prornos is

implicated in the actions of those he should supervise.

When Prornos is publicly accused by Cassandra, he does not deny his guilt, as

Sisamnes had in Cambises. Nonetheless, the King lashes out strongly at Promos, and he

lists the judge's other crimes:

... how canst thou with Justice use thy swaie

When thou thy selfe dost make thy will a lawe?

Thy tyrrany made mee this progresse make.

(How so for sport tyll nowe I colloured it)

62 Promos and Cassandra, Part II, I, viii, p. 485.

Unto this ende, that I might leame at large

What other wronges by power thou hast wrought,

And heere I heare. the Ritche suppresse the poore,

So that it seemes the best and thou art friendes:

I plate thee not to be a partiall Judge.

Thy Offycers are covetous I Fmde,

By whose reportes thou overmlest sutes:

Then who that geves an Item in the hande,

In ryght and wrong is sure of good successe.63

Promos. as the King points out, was in no position to dispense justice because of his own

behaviour, and he is revealed to have sinned not merely by lechery but also by

manipulation of the law, partiality. taking bribes, and maintenance of corrupt court

officer^.^ His words confirm his earlier assertion that one abuse causes many more.

When Promos begs mercy, he is coldly rebuffed by the King, who explains that Promos'

plans for Andrugio will be visited on the wicked judge himself, for "Pittie was no plea Syr,

when you in judgement sate."65 As discussed in Chapters I and U, to receive mercy, one

must give mercy. Moreover, for someone who had spoken with the voice of Justice. it is

ironic that Promos finds himself put in the position of crying for mercy. By pleading on

his behalf, Casswdra is able to remain like Mercy, whereas Promos could not claim to

63 Promos and Cassandra, Part LIT III, iii, p. 499.

61 These same accusations are repeated by Andrugio in Part II. IV, ii, p. 504. He stresses that the man's fall is instructive when he says that Promos, "For Judges is a mirror worthy heede."

65 Promos and Cassandra, Part II, JII, iii, p. 500.

remain like Justice or Truth. As he prepares to die, Promos. like Sisamnes in Carnbises,

says to take warning from what has happened to him. The instructive aspect of Promos'

fall is repeated in the King's sermon-like speech which closes the play:

Henceforth forethinke of thy forepassed faultes.

And measure Grace with Justice evermore.

Unto the poore have evermore an eye,

And let not might outcountenaunce their right:

Thy Officers trust not in every tde,

In chiefe when they are meanes in strifes and sutes.

Though thou be just, yet coyne maye them corrupt.

And if by them thou dost unjustice showe.

Tys thou shalt beare the burden of their faultes ...

If thou be wyse, thy fall rnaye make thee ryse.

The lost sheepe founde, for joye the feast was made.

Well, here an ende of my advise I make.

As I have sayde, be good unto the poore,

And Justice joyne with mercie

Though earlier criticisms have been aimed primarily at judges, here the King also takes

time to comment on corruption among judges' underlings. As in Wisdom, judges are not

the only corrupt members of the legal system who are in need of correction. By pardoning

Promos, the King stresses repentance and the balancing of mercy and justice. The idea that

those who repent deserve mercy was also seen in Chapter II. The ability to combine mercy

66 Promos and Cassandra, Part II, V, v, p. 5 13.

and justice, as discussed in Chapters I. II, and III, is ideal for a judge.

The only one of Promos' crimes which is enacted before the audience is that of

using his position to be able to violate a woman. Since Andrugio was jailed and sentenced

according to the law. the supposed execution could not truly be considered murder. The

other crimes. though not seen. are specifically related to Promos' position as judge. and

involve Promos and his officers -- bribe-taking, greed, partiality, and false imprisonment

of the innocent. Promos has the added responsibility for being the maintainer of the

dishonest court Promos was corrupt before the action of the play, and the point

of putting him in authority was to expose him. Given the rule of the city, Promos becomes

a tyrant. using his new-found power to oppress its citizens on the specific level, as seen

through Cassandra and Andmgio, and on the generd level, as seen through the accusations

made by the jailer, Andrugio. and the King. The thoroughly compt Prornos is the

temporary ruler of the realm and its chief judge. and under him corruption is rampant and

people are oppressed. Thus. the play warns that if a source of justice. such as a judge. is

corrupt then other abuses will be found. Promos is unfit to be either judge or ruler.

Promos and Cassandra was a source for Measure for Meawre, which is the last

play to be discussed in this chapter. Although this play dates from just after the end of the

Elizabethan (Tudor) period, it will be discussed because of its connection to the earlier

Promos and Cassandra and because of its extensive deaiing with judges and judgement.

67 This is not the same sort of maintenance referred to in Wisdom. Here it appears that Promos merely turns a blind eye to the corruption of his officers. In Wisdom, the maintenance is active, and involves legal officers backing litigants for profit. In both cases. justice is perverted.

Measure for Measure includes three judicial figures: Angelo, Escalus68, and the Duke.

The reigning Duke leaves Vienna in charge of Angelo and his second Escalus. Angelo is

represented as a strict judge. As in Promos and Cassandra and in Cambises, the individual

to be left in charge is generally well-regarded as a judge. Angelo is told "...to enforce or

qualify the laws / As to your soul seems Thus, Angelo should show strict justice

or mercy to those brought before him. keeping God's will in his mind. This, as may be

recalled from Chapter I, is a quality of a good judge. The individual who fmt reveals that

he is suspicious of Angelo is the Duke, who says:

Lord Angelo is precise:

Stands at a guard with Envy: scarce confesses

That his blood flows: or that his appetite

IS more to bread than stone. Hence shall we see

If power change purpose, what our seemen be.70

Unlike the King in Promos and Cassandra who does not appear until afier the assault on

Cassandra. the Duke is actively involved in the plotting against Angelo. The King and the

Duke both investigate their judge's corruption, indicating that sovereigns have the

responsibility for ensuring that justice happens in their realm.

Views of the administration of justice have a preliminary examination in the

encounter between Angelo and Escalus, who discuss the imprisonment of the youth

68 Escalus will be discussed in Chapter VI. There is no counterpart to Escalus in Promos and Cassandra.

69 William Shakespeare, Measure for Measure, ed. J.W. Lever (London: Routledge. 1965; rpt. L993). I, i, U. 65-66.

70 Measure for Measure, I, iii, ll. 50-54.

Claudio for the old crime of lechery. Angelo, as expected, says that the law must be

enforced, and stands as a figure of Ju~tice.~' Escalus may stand as a figure of Mercy as he

speaks in Claudia's defence, reminding Angelo that the youth is of noble heritage, and

suggesting that Angelo could be guilty of the same crime for which he now charges

Claudio. The allusion to a possible common guilt foreshadows Angelo's fault. Angelo.

however. makes the distinction. "Tis one thing to be tempted. Escalus. / Another thing to

Fdl" and he adds:

... I not deny

The jury passing on the prisoner's Life

May in the sworn twelve have a thief, or two,

Guiltier than him they try. What's open made to justice,

That justice seizes?

J.W. Lever notes that Angelo's argument is full of dramatic irony. making two points: "i)

that though tempted he did not fall: ii) that, even if he has had such 'faults'. these mean

nothing to the law unless they are...known to have been ~ornmitted."~3 The second option,

tantamount to saying that crimes that are unknown are not crimes, would be a shocking

view for one supposedly speaking for Justice. Angelo's words suggest that the Duke's

suspicions are right, and that there are a variety of questionable activities in Angelo's past

which have not come to light. Angelo offers, similar to Sisamnes, "When I that censure

71 In connecting events of Measure for Measure to contemporary London, Marcus notes that Angelo's "insistence on the exact letter of the statute makes him close kin to actual London reformers" endeavouring to stamp out vice (Puzzlin~ Shakespeare, p. f 77).

7' Measure for Measure, I?, i, 11. 17-22.

73 Measure for Measure, II, i, note #3 1.

him do so offend, / Let mine own judgement pattern out my death. I And nothing come in

partiaLf17-' In this, he appears to recognize the hypocrisy of judging someone for faults

which one also possesses. but later he forgets or ignores this truth. as he says, 'Thieves for

their robbery have authority. I When judges steal the~nselves."~~ It is when Isabella comes

to plead for her imprisoned brother, that the true confrontation between Mercy and Justice

0ccurs.~6 Angelo says. "It is the law, not I, condemn your brother." and to Isabella's plea

that he show pity, he responds:

I show it most of all when I show justice;

For then I pity those 1 do not know.

Which a dismiss'd offence would after gall.

74 Measure for Measure, LI, i, 11.29-3 1.

75 Measure for Measure, II,ii, 176- 177. Marcus writes that for audiences in London "part of the game of topicality in 'Vienna' would have been the titillating pleasure of measuring the hypocrisy of Angelo against their own civic authorities. One obvious candidate for resemblance would have been Chief Justice Popham. probably the most prominent common law justice of the time, who had spearheaded the initiative against brothels about London ... He was also widely suspected of hypocrisy. Another prime candidate might have been Sir Edward Coke ..." (Puzzlino Shakespeare, p. 177).

The specific pattern of argument followed in The Castle of Perseverance and Promos and Cassandra is not found here. Nonetheless, like Cassandra, Isabella remains a Mercy figure, for near the end, though knowing Angelo would have raped her, and believing her brother dead due to Angelo's strict view of justice, she is willing to plead with Mariana for Angelo's life. She is more than a mere allegorical figure. however, for in her original encounter with Angelo she does not show the single-minded tenacity of a character such as Misericordia; indeed, she would have given up the argument if not for Lucio's urging. And, in her pleas for Angelo, she is willing to concede that Claudio "had but justice" (Measure for Measure, V,i. 1.446). Angelo, like Promos, does not remain a figure of Justice. After he realizes that he is attracted to Isabella, he forgets his strict justice and has a moment where he suggests that he allow Claudio to go free. Also, after he falls, he tries to lie to avoid suffering the law's penalty, and so is hardly a figure of Truth.

And do him right that, answering one foul wrong,

Lives not to act another.77

This is a difficult argument to refhe, one based on protection of society and, indirectly, on

victims' rights. Angelo's interpretation of the idea that mercy equals justice is somewhat

different from that represented in some of the plays discussed in Chapter KI. such as A

Warnine for Fair Women. For Angelo, mercy is shown to many when justice is shown to

one ("For then I pity those I do not know"): for the Justice in the other play. mercy is

shown to the one and to many when justice is shown to one (by bodily punishment the

sinner's soul is saved, and others learn the means of salvation). Isabella continues,

mocking human authority:

But man, proud man,

Dress'd in a little brief authority,

Most ignorant of what he's most assur'd --

His glassy essence - like an angry ape

Plays such fantastic tricks before high heaven

As makes the angels weep: who, with our spleens.

Would all themselves laugh rn0rtal.~8

For Isabella, human judges, with their limited authority and ability, are pathetic mimics of

the perfect, Divine Judge. She also suggests that human judges are so taken with their

"little brief authority" that they do consider Judgement Day, that which they are "most

assur'd." Angelo demands to know why she is saying such things to him, and she

77 Measure for Measure, II, ii, 1.80 & 11- LO 1- 105.

78 Measure for Measure, II, ii, 11. 1 18-124.

responds:

Because authority, though it err like others,

Hath yet a kind of medicine in itself

That skins the vice o'th'top. Go to your bosom,

Knock there. and ask your heart what it doth know

That's like my brother's fault. If it confess

A natural guiltiness. such as is his,

Let it not sound a thought upon your tongue

Against my brother's life?

She points out the hypocrisy in the fact that the elevated position of those in authority can

allow them to escape justice, though they continue to prosecute others for like crimes. As

in earlier encounters between Justice and Mercy, the two remain on opposing sides at the

end of the dialogue. The closure of the dialogue represents the point where Angeelo's status

as Justice breaks most significantly, for his attraction to Isabella makes him set up the

extortion scheme which is his downfall.

Escalus, however, continues to see Angelo as upright. and states to the disguised

Duke, "...(M)y brother-justice have I found so severe that he hath forced me to tell him he

is indeed Justice," to which the Duke responds, "If his own life answer the straitness of his

proceeding, it shall become him well: wherein if he chance to fail, he hath sentenced

himself."go The Duke's statement repeats the concern for the judge to be personally

upright. After Escalus exits, the Duke speaks in soliloquy on how justice should be dealt,

-.

79 Measure for Measure, II, ii, 11. L35- 142.

80 Measure for Measure, ID, ii, 11. 246-8 & 11. 249-25 1.

and soundly criticizes Angelo's hypocrisy:

He who the sword of heaven will bear

Should be as holy as severe:

Pattern in himself to know,

Grace to stand, and virtue, go:

More nor less to others paying,

Than by self-offences weighing.

Shame to him whose cruel striking

Kills for faults of his own liking!

Twice treble shame on Angeelo,

To weed my vice, and let his grow!

0, what may man within him hide,

Though angel on the outward

Whereas Isabella had earlier identified tyranny as harsh punishment needlessly inflicted to

its extreme by someone having the ability to do so. the Duke sees tyranny as hash

punishment inflicted by someone who is not above reproach.8' The Duke's opinion is

reminiscent of the views discussed earlier. Plato and Home both felt that an individual

who sits in judgement should not engage in criminal behaviour. The Gesta Romanorurn

cautioned that a judge's deeds are important in showing his worth before God. The Bible

8 l Measure for Measure, EI, ii, 11. 254-265.

This view of the nature of tyranny versus justice is also found in the Duke's later speech in W,ii, 11.77-83.

(e-g.. Matthew 7: 1-5 and Luke 6:41-42) and sermon Literature state that the compt should

not presume to "cleanse" another of their sins. Coke asserted that any incident of

corruption in a judge left all his deeds suspect. When sitting in judgement, human judges

represent God in judgement, so they must be without sin, as God is without sin.

The theme of justice versus mercy is clear in both Promos and Cassandra and

Measure for Measure. but the sermon tone and the repeated criticism of corrupt judges is

far stronger in the former. Both judges fail the tests devised by their sovereigns and are

unworthy to hoId the sword of justice (or sword of heaven): however, Promos falls farther

than does Angelo. Promos actually violates Cassandra, which makes him guilty of rape.

Angelo does not have his way with Isabella; moreover. he sleeps with a willing woman to

whom he may be considered technically married by means of sponsalia oer verba de

futuro.83 Promos is redeemed in a minimal way in that he does not try to lie when

denounced before the King. as Angelo does when accused; however, unlike Angelo,

Promos had never offered that he should be executed if he were to commit the same crime

as one of those he has sentenced to death. In theory, Promos has less to lose. Most

important. the lecherous Promos has the additional faults of bri be-taking, partiality, and

maintenance of corrupt court officials, faults never linked to Angelo. Promos has abused

judicial power in more ways than has Angelo. Unlike Promos, Angelo is only indirectly

referred to as tyrannous (II, ii. 11. 108-1 1 0 9 and is never referred to as a tyrant brought

down by God. The suggestion is there, in that the Duke, in addition to being a divinely-

sanctioned ruler. is in the guise of a friar during most of his plotting. The actions of the

83 Measure for Measure, p. liv and m, i, note to 1. 2 15.

The implication is also made through the Duke's two speeches on the nature of tyranny. These, as stated, are found in tII,iii, 11. 254-265 and N,ii, 11.77-83.

two judges show that though they can hypocritically speak of justice, they cannot represent

Justice. At the same time. Cassandra, in pleading for Promos' life even after he has nped

her and to her knowledge killed her brother, and Isabetla in assisting Mariana in pleading

tbr Angelo, can represent Mercy.

Considering the material in Chapter I. the DukeG himself, though not a judge, has

legal authority but proves to be another poor example. It is his laxness that has caused the

corruption in his society. Although he realizes that his excessive, or foolish mercy has

been a mistake. he fears enforcing his city's laws because he may be looked upon as a

tyrant. According to material quoted in Chapter I, good judges must be courageous and

not care what others think. Although the Duke eventually takes control and restores order

to the society. his means are at best questionable. At the end of the play. the Duke is

revealed as a manipulator, even to the extreme of telling Isabella that her brother is dead

and having her lie about being violated by Angeto, that is, he has her become a false

witness. He stages a sort of trial of Angelo. for rape and murder. when he knows that

Angelo is innocent of both. Though clearly morally guilty, Angelo is not legally guilty of

anything. Had Ciaudio been executed, it would not have been murder because he was

guilty of the crime for which he was sentenced. Also, though he had criminal intent,

Angelo did not rape Isabetla; instead, he ended up with a willing partner who was

essentially his wife. Attempted crimes, such as the attempted rape of Isabella were not

85 In addition to mentioning the common identification of the Duke with James I (for better and worse), Marcus notes a connection between the Duke's actions at the end of the play and Chancery jurisdiction being used to mitigate the rigours of Common Law (Puuline Shakespeare, pp. L 78- 179).

crimes in Shakespeare's time.86 The Duke's actions serve to demonstrate whether Isabella

will remain a voice of mercy and to make a grand show of his own clemency. tndeed, his

treatment of Lucio and Bamardine, "with penalties entirely disproportionate to what their

conduct deserved by ordinary Renaissance standards"87. may suggest that at the end of the

play he is again indulging in excessive mercy. Of course, Measure for Measure is a

comedy. While the Duke's actions obviously make the play dramatically more intense and

fit the comic mode. they do not serve to make him an exemplar of a good judge.

Importantly. Shakespeare illustrates the conflict between justice and mercy, as it

pertains to public and personal judgement. In one instance, the Duke equates the two: "The

very mercy of the law cries out I Most audible, even from his proper tongue: I 'An Angelo

for Claudio; death for death'."88 The "mercy of the law" suggests a concern for the victim

and for society. Further. in Measure for Measure, strict justice is not considered as

inappropriate as free mercy. The main flaw in the practice of justice is the difficulty in

being "holy as severe." Enforcing justice is not the problem; rather, judges, those who

enforce justice, are the pr0blern.~9 In order to judge, one must know oneself, as is

suggested in Isabella's request that Angelo put himself in Claudia's place ([I.ii. 11. 137-142).

"Staging justice: James I and the Trial Scenes of Menscire for Measure," p. 259.

R7 "The Renaissance Background of Measure for Measure," p. 79.

88 Measure for Measure, V,i, 11.405-407. The idea that justice may mean mercy is also discussed in sermon material in Chapter I and in A Warninn for Fair Women in Chapter III.

89 As discussed in Chapter I, both the Bible ( e g Matthew 7: 1-5 and Luke 6:4 1-42) and sermon material express the idea that a judge should be "clene in is own sowle".

A realization of a common fault, however, must not lead one to condone wickedness;

rather. one must deal with one's own faults before presuming to correct others (m,ii, U. ,

262-3). Personal and judicial hypocrisy are wrong. Alternately, it is excessive mercy that

is most destructive, for it negates authority and creates a corrupt society which encourages

viceago Also discouraged in Measure for Measure is personal justice. or vengeance.

Isabella, in her initial &ef over her brother's "death". lashes out in anger at Angelo: "0. I

will to him and pluck out his eyes!"9[ However, she is advised to be patient, and to

present her cause to heaven and secular authority. A head of government is expected to be

moral and possess good personal judgement. Having these characteristics, and aided by

good judges, a head of government is able to provide an appropriate balance of mercy and

justice for the public. and allow for the maintenance of a just and functional society.

ii. The Bad Judges as Types

The way the judges abuse their power and/or the way they are portrayed, allows

them to be divided into four types, i-e., the Worldly Uls/Compt Type. the Tyrant Type, the

Fool or Foolish Type, and the ViceNice-Affiliated Type. These divisions provide a means

to categorize the dramatic representations of judges. They also make apparent other ways

in which human judges are poor manifestations of the Divine Paradiem and of human

90 It should be noted that although Isabella is a mercy figure, she does not indulge in foolish mercy. According to Perkins' views ("Epieikeia," p. 494), Isabella would have been guilty of this had she agreed to Angelo's arrangerneni. She does not, which shows that while mercy is important, it should not be taken to the extreme of permitting wickedness.

9' Measure for Measure, N, iii, 1. 1 19.

opinion about how a judge should behave. As will be seen. the judges may exhibit the

characteristics of more than one type.

The fmt grouping of judges. those whose actions are linked to worldly ills and

corruption. represent the clearest and most obvious category. These include: Annas and

Caiaphas (the Biblical Plays): the unnamed Damned Judge (Chester); Cain (Towneley):

Understanding and Mind (Wisdom); Justice Warman (The Downfall of Robert Earl of

Huntingdon); and Falstaff ( I Henry W). Their corruption is due to blindness, small-

mindedness. and/or the pursuit of personal worldly desires. Their corruption does not

reach the magnitude of those of their fellows considered among the tyrant type. for the way

in which they are represented in their plays, and the Limited heights to which they are able

to rise, diminish their characters. Some of these plays show the general corruption of the

legal system. in addition to specifically criticizing judges' failings.

These judges do not act in the interests of truth or justice. The lesser judges of the

Biblical Plays. Anna and Caiaphas, engage in malicious prosecution, which is a sort of

reverse partiality in which they use their position to act against a person of whom they do

not approve. Additionally, their blindness to the truth of Christ makes them wicked in a

religious sense. In Wisdom, in addition to receiving bribes. Understanding is prepared to

use his position to act against an innocent person, doing so on the request of a friend. and

Mind has a lucrative business in maintenance. The non-biblical judges' actions commonly

involve judge-specific failings such as bribery and greed, but in Justice Warman's case, he

is also a traitor to his lord and to the King. The potential judge Falstaff, in addition to being

a thief, is an an individual who frequents taverns and brothels. According to the contextual

material discussed in Chapter I, all of these characters are unfit to be judges.

The second kind of flawed judge is the judge as tyrant, and this type includes:

Herod (the Biblical Plays): Pilate (the Biblical Plays); Sisamnes (King Cambises): judge

Apius (Apius 'and Virginia); Tresilian (Woodstock); Falstdf (2 Henry IV); Promos

(Promos and Cassandra); and Angelo (Measure for Measure). As I.F. Bayerl explains in

his thesis on the tyrant, there were two different types: the tyrant de &re, one who succeeds

to political authority in an unlawfui manner, and the tvrant de facto, one who has succeeded

to a throne lawfully. but who exercises power in an oppressive. capricious. or high-handed

rnat~ner.~"oth types could have been a real concern in the living memory and daily

experience of the people of England during the period of the plays. There is a potential for

any ruler to become a tyrant de facto, but in England, since 1399 when Henry IV deposed

Richard n. there had been a succession of the other type, the tyrant de -iure.93 Drama, in

addition to providing entertainment, could be an excellent way to tell a sovereign what not

to do. while flattering the individual by the understood contrast between the sovereign and

the tyrannical dramatic figure.

Judges. of course, are not kings, queens, or other types of political leaders.

Nonetheless, their special elevated status and their role in the plays allow them to be viewed

as examples of tyranny, while also being considered as judges. Referring back to Psalm

82. there is a connection made between judges and rulers which is reinforced by the

marginaiia of the Geneva Bible. After the psalmist asks how Long the judges will continue

92 James Francis Bayerl, "The Characterization of the Tyrant in Elizabethan Drama" (PhD dissertation, University of Toronto, 1974). p. 1 1 1.

93 Edward IV deposed Henry VI in 146 1, and after his restoration, again in 147 1, Richard lII deposed Edward V in 1483, and Henry W deposed Richard III in 1485. Also, in 1567, Mary Queen of Scots was forced to abdicate in favour of her infant son. so those who replaced the lawful sovereign. only to rule during the extended minority of the heir, could be considered among the tyrant de iure type.

to judge unjustly, he commands them to do justice to the poor and needy, and to deliver

them from the wicked. The psalm goes on:

They know not and vnderstand nothing: they wake in darkenes,

albeit all the tbundations of the earth be mooned

I have said. Ye are gods, and ye all are children of the most High.

But ye shall die as a man, and ye princes shall fall like others.

0 God. arise, therefore iudge thou the earth:

for thou shalt inherite all nations-

There is a marginal note before the word "foundations," which reads: "That is. all things

are out of order either by their tyranny or careless negligence." The final note is on the

word "inherite." and it reads: "Therefore no tyrant shall plucke thy rights or authoritie from

thee."'4 One non-biblical writer. Erasmus, describes a tyrant's rule as being one that is

"...marked by fear, deceit, and machinations of evil."95 It is clear from descriptions of

tyrants that they can be identified with judges. All the judges are of the tyrant de facto type,

in that they succeed to their status lawfully, but exercise their power badlym96 In the plays,

criticism of tyranny can be seen to be more pointed towards the sovereign than towards the

unjust. or high-handed judge, but judges are certainly not untouched by the criticism.

The question of obedience to a tyrant was much disputed, with feelings extending

94 The marginalia of The Geneva Bible make frequent references against tynnny and oppression.

95 Desiderius Erasmus, The Education of a Chiistian Prince, trans. L K Born (New York: Octagon Books, L936), p. 163.

96 Tresilian does have a suggestion of the tyrant de iure -- though promoted to great authority by his sovereign, he acts beyond the elevated position he is given.

between patient endurance and active rebellion. The view of endurance was supported by

two interconnected ideas: the tyrant was sent from God as scourge to a wayward people

and so to be endured, and/or the tyrant should be endured, For God would eventually save

the people.97 In the Biblical Plays, there is. to a degree, less freedom in showing the end of

a tyrannical character. The non-biblical tyrannical judges are all destroyed by the sovereign

of the land (i-e., God's deputy) or by some person or allegorical figure strongly connected

with God.98

Herod is a king and Pilate is a governor; they are civic rulers who rant and boast

about their power, and whose words speak of their tyranny.99 In Apius and Virginia, the

judge describes himself as "the princelest Judge. that raigneth under sonne" and "I King,

and I Keyser, I rule and ouenvhealme: I I do what it please me. with in this my realme."lOO

His words are reminiscent of the ranting style of the tyrannous Herods and Pilates of the

Biblical Plays. and they link the dramatic Apius with the tyrant of the narrative background

material. Sisamnes of Kine Carnbises is given the charge of the realm and uses his

position to oppress the populace. In Woodstock, Tresilian may be considered a tyrant, for

97 David Bevington. Tudor Drama and Politics: A Critical Ap~roach to Topical Meanin? (Cambridge: Harvard University Press, 1968), p. 157.

98 As may be recalled. at the end of the incomplete Woodstock, the tyrannical Tresilian is presumably executed by the good, honourable, long-suffering uncles of Richard 11.

g9 As may be recalled, Towneley lacks a Herod in the Passion sequence. Also, N- Town and Chester do not portray Pilate as panicular1y tyrannical; rather, he is a civic authority figure portrayed more as a weak, unjust judge. In these two groups of plays, therefore, Pilate is more closely related to the incompetent judge listed among the Fool/Foolish Type.

loo Apius and Virginia, 1.4 13 and 11.48 1-482.

Richard II. though tyrannous himself, is such a weak king that Tresilian is able to rise to

p a t authority in the kingdom. Tresilian is also able to engage in criminal activities

unbeknownst to Richard. The judge in Promos and Cassandra is given charge of the

realm. oppresses the people, and is called a tyrant by a jailer (Part I, IV, iii), the King (Part

11. ID, iii). and one of his victims (Part II. IV. ii). In Measure for Measure, Angelo is

given the responsibility for enforcing laws which the Duke feared to enforce, because he

feared he would be viewed as tyrannical. In a sense. he has tyranny thrust upon him.

Isabella specifically likens Angelo to a tyrant (II, ii, 11. 108- 1 10) and this is also suggested

by the Duke's speeches (m,iii, 11. 254-265 and tV,ii, 11. 77-83). As mentioned earlier,

judges have a connection both to God and to secular rulers. With the combined roles of

judge and tyrant. the characters discussed in this section are active abusers of divine and

royal authority. They all use their high positions to harm the innocent and to promote their

own agendas.

Some of the tyrant judges have other specific characteristics in common, those of

the Machiavel.10' The term Machiavel refers to one who promotes his own individual

desires, and in whom are found the qualities of ambition, cunning. greed, ruthlessness and

opportunism - specifically in an amoral sense, and commonly in a negative sense. Certain

of these characteristics are evident in judges of the Tyrant Type other than Tresilian,

although they tend to lack the political ambition which is part of his character and which is

important to the figure of the Machiavel. Their regent status is temporary, and they do not

strive to continue in supreme authority. Nonetheless, due to the connection between judges

and the divine and secular rulers, these in a general manner may be discussed as

I o 1 The only play in which this term is used is Woodstock (I, i, p. 1 7 I), where one of the party opposing Richard and his favourites applies it to Lord Chief Justice Tresilian.

Machiavels.

In Woodstock, Tresilian stays close to Richard to Further his own ends. Though

Richard is nominally king, the m e power ties with Tresilian. It is he who tells the King

how to deal with the troublesome uncles and control the populace, who devises and

arranges for the collection of taxes, and who dispatches spies and deals with offenders.

Tresilian uses his position of authority and his ability to control Richard to fill his own

coffers. His ultimate concern is for himself, but in the end he is unable to save himself and

is destroyed. Sisamnes in Kine Cambises exhibits all the qualities of the Machiavel except

ambition. He does not strive to be appointed ruler in Cambises' place: the decision to

promote him happens while he is offstage, and the news of his elevation is a surprise to

him. In his first speech following Cambises' departure, it becomes evident that Sisamnes

possesses the other Machiavellian qualities. He reveals that he plans to use his position to

accumulate material goods, use the law as he would, and destroy anyone who hinders him

in fulfiiling his desires. Judge Promos of Promos and Cassandra also is not shown to

have had an ambition to rise to the position of authority as the substitute for an absent

monarch, but he displays opportunism, cunning and ruthlessness in his dealings with

Cassandra and her brother. Greed is seen in the reports of his bribe-taking and extortion.

In all these cases. the Machiavels fail, and fall in disgrace. These characters fail because

they do not live in amoral worlds. They exist in dramatic worlds which value morality,

and so actions are viewed as either moral or immoral. All judges are expected to be moral,

because of the connection with God. By abusing authority, whether with or without a

Machiavellian twist, the tyrant judges act in ways which are entirely negative and

inappropriate to a judge, and so they are destined to fall.

The third type is the Fool or Foolish judge, and this type includes: the presiding

judge (The Moste Vertuous and Godlve Susanna): Justice Reason (How a Man May

Choose a Good Wife from a Bad); and Justice Shallow (2 Henry IV and Merry Wives of

Windsor). The bad judges can be considered fools, although they can also be described as

foolish, or perhaps merely incompetent. Enid Welsford describes a fool as: "...a man who

falls below the average human standard, but whose defects have been transformed into a

source of delight. a mainspring of comedy."t0' These judges, since they have reached

such levels of standing in their careers, clearly do not fit this definition for they are not

below average human standard. Nonetheless, they are not as observant or quick-witted as

a judge should be, and/or are among the lowest level of their peers. Two of these judges,

Justice Shallow and Justice Reason are taken even further, and are comic figures -

"source(s) of delight." For St. John Chrysostorn. the definition of a fool was "...he who

gets slapped."103 All of the judges of this type receive a metaphorical slap when their

incompetence is revealed, or when they are proven wrong, mocked, fooled. or cheated.

The foolish judges harm their victims passively. They do not actively seek to get to

the truth of the cases before them or do not enforce proper justice, so by their inadequacy

they are bad judges. Susanna's judge is criticized by God for his inadequacies by means of

Daniel. In the dramatic version of the story of Susanna. the judge is made to look more

incompetent than in the biblical version, receiving several of Chrysostom's slaps.

Additionally, it is not the presiding judge, but Daniel who is open to God's will. Justice

Reason, by his inability to comprehend the young couple's situation. nearly allows a

lo' Enid Welsford, The Fool - His Social and Literary History (London: Faber & Faber, 1935), p. xi.

'03 The Fool, p. 3 14.

tragedy to occur. Shallow. the remaining justice, is a figure who demeans the office of

Justice by his associations. his lies, and his ability to be duped. The fact that all the foolish

or incompetent judges are oldto4. or older men, does not provide support for Plato's or

Home's belief in having older men as judges. Though not actively bad. these judges

should nonetheless not be in positions of authority.

The final type of bad judge is The ViceNice-Affiliated Type, and this type includes

the Vice as judge, the judge who is led to. or assisted in his corruption by a Vice figure,

and the judge as Vice. The characters and plays in this type are: Mischief (Mankind);

Sisamnes (as affdiated with the Vice Ambidexter in King Cambises); Voluptas and

Sensualitas (themselves. and as affiliated with the Vice Ill Report in The Moste Vermous

and Godlye Susanna); Judge Apius (as affiliated with the Vice Haphazard in Apius and

Viroinia); Nichol Newfangle (Like Will to Like). At the earliest, and simplest level, a Vice

is an abstraction of one of the Seven Deadly Sins, such as Covetousness or Lechery. or one

of the three enemies of humanity, i.e.. the World. the Flesh, and the Devil. According to

Bernard Spivack, for a Vice "(t)he heart of the role is an act of seduction ... the sly

insinuation of moral evil into the human breast." 1°5 In cases where a person's goodness is

in question and sin is already in the person's mind, the Vice is seen to help the person along

to his fall. They are Evil Counsellors. One reason that these characters are so attractive to

an audience is their skill at manipulation. Some other Vice characteristics include:

conscious deception: role-playing and/or disguise: inappropriate and/or excessive speech;

A likely exception is the Duke of Measure for Measure, who is not necessarily an old man.

1°5 Bernard Spivack, Shakesware and the Allegorv of Evil (New York: Columbia University Press, 1958). p. 152.

the use of asides and direct address of the audience. In the plays in this type. though not

without comic elements, the Vice judges and the judges whom the Vices counsel are

dangerous figures.

The Vice as judge can represent the ultimate corruption - an allegorical version of

an entirely corrupt judge. Judges should have an eye to God and are the representatives of

God on earth. The Vice as judge is a complete inversion - divinelyconnected figure to

Vice -- an individual with strong connections to the devil. The judges under the influence

of the Vice, however. are not merely examples of frail humanity helpless under the sway

of the Vice, for their corruption began before encountering the Vice. The Vice,

nonetheless. acts as Evil Counsellor to the already corrupt figure. who usually lacks a

Good Counsellor. as Mankind had Mercy, to speak on the other side. For example,

Sisamnes has already spoken of his desire for money and revealed his vicious nature when

Ambidexter tells him that he is unwise if he does not make good use of his time in

authority, and tells him not to fear to engage in compt practices, for no one would dare

speak against him. Arnbidexter's words serve to increase Sisamnes' corruption by

increasing the amount of bribes he will accept. Likewise. in Aoius and Virginia

Haphazard provides the dready lustful judge with the plan which he says will allow him to

fulfil his evil desires. A judge's conscience and sense of justice should play the role of

Good Counseilor, but the bad judges lack or refuse to listen to these. Nichol Newfangle in

Like Will to Like goads wicked characters to their demise, but his victims are not judges;

he, conversely, is a foreshadowing of the judge. He encourages the wicked to persist in

actions which will bring more souls to his master, Lucifer. In Susanna, it is the Vice U1

Report who provides the two evil, lecherous judges with the plan to have their way with

Susanna. In addition to being lecherous judges, Sensualitas and Voluptas can be

considered minor Vices themselves, under the leadership of U1 Report. Ill Report himself

says: "And is not I11 Repone, Voluptuousnesse, and Sensualitie, I A glorious and blessed

trinitie ..." Io6 The two judges' names are suggestive of Lechery and sins of the flesh. As

mentioned earlier, the Vices can serve to represent outwardly the inward plotting of the

corrupt minds of the judges. or the main motivating factor in their actions.

The judge who is connected with corruption and worldly ills and the judge who is

connected to the Fool are on a basic level reflections of bad human judges. The tyrant

judge and judge as Vice, or with Vice connections, however, are more dramatic constructs

than reflections of the real world. In these two categories. in addition to overlying tyrant or

Vice characteristics, the judge often is seen with the other failings of the judge almost

tacked on. i.e., accepting of bribes and partiality, as if in an attempt to make them more

realistic and identify them specifically as judges. In this, the dramatic construct, too, is

rooted in traditional views of what constitutes a bad judge.

Thus, the types may overlap. The example of common corruption seen in Mind.

Understanding, and the jurors is mingled with their allegorical representation as types of

judicial vice (e.g.. Pe jury and Maintenance). and allies them with the Vice type. The tyrant

Pilate in the Towneley Conspiracio boasts of his association with the common corrupt

judge. The tyrant judges Sisarnnes and Promos also display aspects of the common

corrupt judge in their bribe-taking and partiality. In believing that Jesus is a Fool, the tyrant

judge Herod, especially as represented in the York Christ Before Herod and Chester

Passion, marks himself as a fool. In the Henry IV plays, the potential judge Falstaff

combines the corrupt type and the tyrant type -- and through dialogue elsewhere in these

Io6 Susanna, 11. 537-538.

also the Vice type. By his actions early in the play, and by the promises he

extracts from Mankind. the Vice-judge Mischief also has the qualities of the common

corrupt judge. The Vice-judges Voluptas and Sensualitas. near the end of the play, are

shown to also have the qualities of the common corrupt judge. The combined qualities

give the bad judges added dimensions and compound their wickedness.

All the judges. except those of the FooVFoolish Type. actively attempt to harm or

succeed in harming the innocent and/or the poor. In the Biblical Plays, Herod. Pilate,

Annas and Caiaphas act against the innocent Christ, and in the other plays. the bad judges

act against innocent human figures.Io8 In Wisdom, Understanding and his fellows state

that for money they would support individuals who should not prevail in court. In King

Carnbises, Sisamnes does not assist the innocent. helpless poor, but judges only in favour

of those who can offer him money. In Apius and Vir inis the judge uses his position as a

judge to oppress two innocents. In both Promos and Cassandra and Measure for Measure,

the judge jails and sentences a young man for lechery according to the law, but then turns

his lustfi~l attention to the man's innocent sister. These individuals who actively seek to

harm others are the worst of the bad judges. As mentioned in Chapter I in reference to

Io7 Examples include: 1 Henry IV: Falstaff to Hal: "If I do not beat thee out of thy kingdom with a dagger of lath" ([I, iv, 11. 133- 134); Hal on FalstaK "that reverend vice, that grey iniquity, that father ruffian, that vanity in years ..." (II, iv, 11.447449); Hal on Falstaff: "That villainous abominable misleader of youth. Falstaff. that old white-bearded Satan" (CI. iv, 11.456-457): 2 Henry TV: Lord Chief Justice to Falstaff: "You follow the young Prince up and down. like his ill angel" (I, ii. 11. 162- 163).

1°8 There are two partial exceptions. Mankind, after having been tricked by Titivillus and thus having turned from Mercy, is not entirely innocent. Nonetheless he has not gone far into sin when the deceptive Mischief has him swear to actions which will imperii both mortal body and immortal soul. Similarly, Nichoi Newfmgle goads those who are already compt, thus speeding their demise.

Aristotle's work. the way in which these bad judges are unjust makes them "the whole of

vice." Among the active abusers one could say that the biblical judges are the lesser of the

evils because, though they are abusing a just and mercihl divine figure who is seeking to

save humanity, by their actions they are accomplishing God's design. Further, Jesus is

well aware of what will happen, so He is in a sense a willing participant. The human

judges, in abusing their fellow human beings, are harming those who cannot defend

themselves and who are not willing participants. The worst judges, however, must be the

Vice-judges, who are allies of the devil, and who with their skill at manipulation seek to

harm both body and soul.

iii. Conclusion

As stated in Chapter I, some of the aspects of the wicked dramatic judges were also

found in actual judges. Also, like the historical judges, not all of the actively bad dramatic

judges are punished. Following biblical precedent. the Biblical Plays do not show those

who sit in judgement of Jesus punished for their unjust actions. Several of the bad judges

are sentenced to death for their crimes, though the sentence is not universally carried out.

Sisamnes, Voluptas and Sensualitias are ordered executed, and although only Sisamnes'

execution occurs on stage, there is no indication that the others will be spared. Apius is

sentenced to death, but kills himself before the sentence can be carried out.lO9 Sentenced to

death, Promos and Angelo repent and are spared due to the pleas of those they had harmed.

Though Warman repents at the end of The Downfall of Robert Earl of Huntingdon, in the

'09 Another sign of his wickedness, since suicide is a mortal sin?

sequel, The Death of Robert Earl of Huntin~don, he is murdered by his former partners in

crime. experiencing poetic (divine?) justice. Understanding and Mind repent following a

warning by Wisdom, but unlike Warman, they receive no punishment. Technically, their

repentance is delivered directly to the merciful Christ, and as found in Chapters II and III,

repentance is the means of attaining salvation. With the exception of Warman. these few

judges who repent are spared, which shows a hope that the wicked can be redeemed. Of

the other characters, the aspiring judge Falstdf is banished by his former friend, Mischief

the Vice-judge flees in the face of Mercy. and Nichol the Vice-judge rides out on the devil's

back. returning to hell from whence he came. Clearly, many of the playwrights favour a

severe meting of justice to bad judges.

In all representations of bad judges, there is the clear sense that something is very

wrong. Flat criticisms found in Chapter 1's contextual material, when represented

dramatically, are brought to life. The frequency of references to corruption and abuse of

judicial power suggests that judicial corruption was a serious concern. In the plays, justice

-- a power which originates from God -- is being misused, resulting in the suffering of

those who lack the ability to fight back. The common people are not able to foil the bad

judge, only a higher power is able to do so - the ruler of the land. God's agent. or God --

thus the idea that justice is an aspect of God is emphasized. The victimization of the people

is ended by the restoration of justice (and in several cases, mercy) by the ruler, or God's

deputy. Once the plays depart from biblical time or eschatological time, the secular ruler

becomes responsible for ensuring that justice happens for the people; thus the plays in part

become critical, cautionary and instructive for judges and rulers.

CHAPTER VI

THE AMBIGUOUS JUDGES

In the earlier chapters, dramatic judges were divided into three categories: The

Divine Paradigm (God), Good Judges, and Bad Judges. This chapter will discuss those

few judicial figures who do not fit into the above groups. On the surface, there is little

doubt that these characters are to be taken as good. However, on closer examination these

judges can be allied with more than one of the three categories, for they are not entirely

good or bad. The plays to be discussed include Magnificence, Impatient Poverty, The

Famous Victories of Henrv V, The Merchant of Venice, and Measure for Measure

(Escalus).

In Mamificence, the title character falls into the clutches of the courtly Vices when

he does not heed the play's moral, which is "Measure is Treasure." Magnificence falls,

taking on qualities of the Vices, and is visited by Adversity, who identifies himself as one

who comes from God, specifically he is "The stroke of God? He tells Magnificence that

he has been sent "to quite thee thy meed."? Adversity, therefore, represents God's

John Skelton, Magnificence, ed. Paula Neuss (Manchester: Manchester University Press, 1980). 1. 1883.

Magnificence, 1. 1878.

judgement upon Magnificence; he is a figure who is to administer just reward upon a sinful

man. Adversity lists Magnificence's sins, illustrating that he is worthy of God's visitation.

In part, Adversity's speech is a waming to the audience or readers to change their ways or

face him, so in a sense it is an act of mercy to the sinful. The speech's method is to use

horrific images to frighten the audience into personal reformation. Significantly, some

examples found in the ghastly listing of visitations are neither merciful nor just. For

example, Adversity says, "And where the father by wisdom worship hath won / I send

ofttimes a fool to his son."3 It is highly unlikely that possessing wisdom would be a

reason for which God would seek to punish s ~ r n e o n e . ~ Adversity does not specify that the

"worship" that has been won has led the man to pride; obviously wisdom would help one

avoid such sin? The most extreme and significant examples. however, are the following

"strokes" of God: " k q d some for to hang themself in an halter ... To drown or to slay

themself with a knife ..."6 It is extraordinary that a figure purportedly coming from God

would speak of having as one of its functions causing someone to commit suicide, an act

which is a mortal sin. The act of causing suicide or, specifically, attempting to drive a

fallen figure to suicide, is the strategy of a Vice attempting to destroy a soul permanently.

In 1 Kings 3: 5- 14 and 2 Chronicles 1 : 7- 12, Solomon's desire for wisdom is praised by God and granted. Five books of the Bible (i.e., lob, Proverbs, Ecclesiastes, Ecclesiasticus, and Wisdom) are devoted to wisdom, teaching how one may live well, with an understanding that true wisdom comes from God. In Luke 2 1: 15, Jesus says He will give His followers wisdom to foil those who will oppose them. In 1 Corinthians 1: 24 and 30, Jesus is identified as the Wisdom of God. The identification of wisdom with Christ and desirability of wisdom are also expressed in the play Wisdom.

5 Indeed, in Proverbs 8: 13, Wisdom says that she hates pride and arrogance.

ti Magnificence, 1. 19 12 & 1. 19 15.

Specific examples include Mischief and the Worldlings urging Mankind to hang himself in

Mankind, and Worldly Shame leading Xantippe to despair and providing her with a knife

to kill herself in Nice Wanton. These figures are saved from suicide by the godly

characters. but according to Adversity, God may be the guiding hand in suicide. This

punishment is far removed from the visitations of infliction of disease or loss of wealth.

The punishment is also quite different from that of "some I visit with battle. war, and

murderv7 -- with these, one may die, but not at one's own hand, and so not sinfully. It is

most likely that although Adversity says that he comes from God in order to make a moral

statement, he is in fact a representation of Fortune! Indeed, Adversity is identified as the

negative aspect of Fortune in speeches by Poverty (ll. 2023-2030) and Ma,@icence (U.

2 157-2 160). Further, because the play's theme is the proper management of wealth, and

Fortune was considered to be the bringer of worldly wealth, Skelton provides a contrast by

showing a figure of Fortune in its counter Function, that of bringing a prosperous

individual's earthly downfall. Since the play has a secular theme. Adversity represents a

primarily secular judgement. Eliminating the aberrant examples (i.e., visiting the wise and

causing suicide), by listing God as the source of Adversity, an impression is created of the

wrath of God punishing the sinful. However, if it is assumed that those visited in the two

anomalous ways are hopelessly fallen individuals who are thoroughly wicked, unrepentant

and without grace, and so could never be saved, somewhat like the characters in the

Homiletic Tragedies in Chapter 11, then Adversity is simply another retributive agent in the

Mamificence, 1. 19 13.

Fortune was considered in some medieval works to be an evil force in league with the devil (Frederick Kiefer. Fortune and Elizabethan Tragedv [San Marino, CA: The Huntington Library. 19831, p. 15). The reference to suicide could illustrate this diabolical aspect of Fortune.

service of God's Providence. Fortune. in other interpretations, such as in Boethius' The

Consolation of Philosophv, is an agent of Divine Pr~vidence.~ The least Likely possibility

is that Adversity, and thus God, is cruel, inflicting undeserved sentences on the innocent

and excessive sentences on the sinful. If this is the case, Adversity is not shown as a good

judge, for he is clearly unjust. This would make this dramatic God inconsistent with God

as portrayed in the source material, with theological views of God as a just God. and with

the plays discussed in Chapter U. The most Likely explanation, therefore, is that Adversity

is an agent of Fortune. As such, he is a figure whose judgements are arbitrary. con- to

how proper judgement should function. lo

Impatient Poverty' 1 contains a character named Conscience who identifies himself

9 Fortune and Elizabethan Tragedv, pp. 5-9.

l o Significantly, although both Justice and Fortune are generally depicted as blind and impartial. they have different aims. Justice, allied with Truth. has as a goal the dispensing of impartial justice. Fortune has no concern with justice, and will visit anyone with positive or negative consequences, regardless of their goodness or wickedness.

Impatient Povertv deals with the Prodigal Son theme. The play teaches that prosperity is the reward for virtues such as patience, stillness, and charity, and it also stresses formal penance for sin. David Bevington (Tudor Drama and Politics, p. 12 1 ) and R.B. McKerrow (A newe interlude of Impacvente pouerte from the quarto of 1560, Introduction, p. x) both suggest that Imoatient Povertv is a revision of an earlier work. McKerrow specifically suggests that Abundance. the Summoner, and Conscience are later additions that are not well integrated into the play. However, Abundance is significant because the shady means by which he achieves material success stand as a contrast to the path to prosperity which is advocated by the heavenly figure Peace. The Summoner is significant because he is an agent in the performance of formal penance, but his most striking function is to illustrate the difference in treatment of rich and poor before the law, and bribery and simony in the courts. Specifically, it is the lying, bribe-taking Summoner who allows the Vice figure Abundance to escape punishment. Conscience could easily be left out of the play because he has no interaction with the title character, and he does Little more than provide Abundance with a convenient means to explain his actions (contemporary ills, chiefly usury), and to illustrate their wickedness. At the same time, he is a significant figure for examination in this chapter.

as "the high judge of the law." l 2 Conscience chastizes Abundance, a greedy, opportunistic

usurer, and explains that he is acting against God. Conscience warns Abundance that he

may be damned. and tells him that he can save himself by amending his life and making

restitution to those he has harmed. Clearly, the audience is led to see Conscience as a

worthy character. by means of both his name and his speech. However, Abundance

accuses: "Sir, ye preach very holily, but your deeds be often contrary; / Ye be so acquainted

with covetise and simony / That maketh us to take the same way."l3 Not only does

Abundance suggest that Conscience is a hypocrite, he accuses him of corrupting others by

setting a bad example. As discussed in Chapter I, Jesus speaks against hypocritical

judgement, while Plato and Home state that hypocrisy is the sign of a bad judge.

Unexpectedly, Conscience does not defend hirnselt rather, he merely says, "So every evil

disposed penon doth say. / The frailty of man doth often offend; / Then, call for grace and

shortly amend." 14 Conscience's fmt line seems to indicate that Abundance's words are

merely malicious hearsay, but then he speaks of human frailty, leaving the truth of the

accusation in question. Is Conscience also one of these frail individuals who "shortly

amend" then sin again? Though Abundance is a Vice fibwe, the fact that Conscience does

' 2 Impatient Povertv, pp. 128-2 17, in Two Tudor Interludes - Nice Wanton and Impatient Povern, The Renaissance hagination, Vol. 10, ed. Leonard Tennenhouse (New York: Garland Publishing, Inc., 1984), I. 473. His name suggests that he represents the Chancellor. As stated in Chapter II: "(T)he Chancellor was the keeper of the king's conscience and the Court of Chancery became known as a court of conscience." (Historical Introduction to Leeal Studies, p. 149.) The Chancery Court was England's main equity court.

'3 Impatient Povertv, 11. 387-389. His sentiment is reminiscent of Angelo's in Measure for Measure: "Thieves for their robbery have authority / When judges steal themselves." (II,ii, 176- 177)

IJ Impatient Poverty, 11. 390-392.

not provide an adequate defence puts his virtue in question. Further, Abundance states:

"Ye can fmd no ways to amend yourself, I you insure. / Therefore rebuke not me for my

sin ne good."Ij Once more. his words refer to hypocrisy. Conscience again does not

defend himselt rather, he speaks of repentance and penance, and wams that no one knows

when one will be struck down by God. His words express ideas found in sermon

material. and are clearly of the sort spoken by characters such as Mercy in Mankind.

However. Conscience himself has been tainted by Abundance's accusations. Conscience

then has an encounter with the Vice. Envy. who claims to be Charity. The Vice, echoing

Abundance's earlier assertion, states that covetousness and simony are rampant in the

church, but Conscience refuses to believe this. Because of Conscience's questionable

status, the exchange brings to mind Plato's assertion that wickedness could neither know

itself or virtue. Envy states that spiritual and temporal forces are seeking to destroy

Conscience: "For they have utterly put you down 1 And set Covetise in your room ..." l 6

His words suggest that Conscience is being falsely accused. Soon. however. Envy

counsels Conscience to flee, lest he be hung. Conscience never realizes that Envy is a

figure who should not be trusted and is successfdly duped by him, permanently fleeing the

realm. As discussed in Chapter I, material indicated intelligence as a feature of a good

judge, but Conscience's intelligence. or at least his discernment. must clearly be in

15 Impatient Povertv, 11.400-40 1.

16 Impatient Povertv, 11.476-477.

question. 17 Significantly. it is Peace who arrives at the end of the play, and Conscience

neither makes an appearance nor is he mentioned.18 Incredibly, the Vices Envy and

Abundance, and the corrupt Summoner neither flee in the face of Peace, nor are they

punished. Peace, of course, is not Justice. In a concluding speech. Peace merely warns

Poverty to avoid the company of the wicked and sinful. Thus, with Conscience absent, the

wicked have the run of the commonweaith, law is administered by a corrupt court, and

individuals are responsible for the well-being of their own souls. Incredibly, however, at

the end of the play, the situation is little different from that which existed before the flight

of weak Conscience. 19 Therefore, Imoatient Poverty teaches that a strong conscience is

needed for justice (or equity) to occur in the commonwealth and its courts, while

individuals remain responsible for their own actions.

'7 According to the OED, "Conscience" means a moral sense of right or wrong. and the faculty or principle that leads to the approval of right thought or action and the condemnation of wrong. Even if Conscience is not guilty of any wrongdoing, his personal judgement is flawed. so he is open to deception. Such a weakness would not be desirable in a good judge.

1Veace, though not acting in a judicial capacity, expresses a concern for legal propriety when he explains that proper testimony should be presented before judgement ensues (Im~atient Poverty, 11. 1000-1008). He also decries the fact that money can "stop the law" (Imoatient Povertv, 1. 1029). Though he provides comfort to the penitent Poverty who has been sentenced by the ecclesiastical court, he is not a Mercy figure; Peace believes that Poverty's actions have made his penance deserved and that Poverty must amend himself in order to be saved. Peace is therefore more akin to Justice than Mercy. This is an unusual representation, for as seen in Chapter U, where Peace was one of the four daughters of God, Peace was commonly the figure to side with Mercy, while Truth sided with Justice.

' 9 This provides support for the idea that the character was added during the revision of the play, in order to facilitate the inclusion of topical satire.

The Famous Victories of Henry V follows closely Elyot's narrative" of Hal's

striking the Lord Chief Justice as he sits in judgement against one of his criminal

companions. When Hal appears in coun the judge greets him respectfully but he responds

rudely. Hal endeavours to use his position as the King's son to secure his man's release,

but the judge is not moved, saying, "I must needs do justice."?' Hal asks the judge for the

release of his man an additional four times, and each time the judge refuses. The judge is

consistent and maintains his sense of justice. After the last refusal Hal strikes him, but

despite this the judge holds fum:

JUSTICE. Why I pray you my Lord. who am I?

HAL. You, who knowes not you?

Why man, you are Lord chiefe Justice of England.

JUSTICE. Your Grace hath said truth, therfore in striking

me in this place, you greatly abuse me, and not me onely, but

also your father: whose lively person here in this place I doo

represent. And therefore to teach you what prerogatives

meane, I commit you to the Fleete, until1 we have spoken

with your father?

Unlike the Hal of The Governor, the dramatic Hal does not go quietly. He angrily

threatens to put the Justice out of office and give the position to his friend. Despite the

zo This story is summarized in Chapter LU.

3 The Famous Victories of Henry the Fifth, pp. 299-343, in Narrative and Dramatic Sources of Shakesoeare, Vol. 4, ed. Geoffrey Bullough (London: Routledge & Kegan Paul, L962), I, iv, 1. 348.

" The Famous Victories, I, iv, 11. 363-370.

threats, the Justice acts as the source material advises, refusing to show partiality to

someone of high estate or to the friend of such a person, and he acts bravely. challenging

the actions of a prince. In this, the Justice resembles his good counterparts in The

Governor and 2 Henry IV. The Famous Victories has as its focus the legend surrounding

the wild Prince Hal and his reformation, and the attack on the Justice in court illustrates

how far the prodigal has fallen. in that he abuses the king, his father's, representative, a

counterpart of God. md a representative of justice. Staging the attack gives more force to

the event than is created in the reported version of 2 Henrv 1V.B As the good Justice

stands fm to oppose the wild Hal, justice stands fm to oppose injustice and disorder in

the realm. The dramatization leads the audience or reader to see the Justice as a good judge

and to expect a great deal from him. The expectations are disappointed, however. After

learning that Hal has become king, the formerly brave Justice falters. and it is reported that

he releases a thief out of fear. Since the action is not seen it is downplayed, unlike the

incident surrounding the assault. However, his cowardice is in contrast to his former

actions, and it separates him from the contextual material which identified courage as a

quality found in a good judge- Allowing a criminal to go free is also contrary to the

principles of justice. The Justice, of course. does not know of Hal's sudden reformation.

The event is an illustration of the potentiality for the breakdown of secular justice if a king,

who is supposed to represent justice in his realm, is corrupt. This deviation from the

pattern set by the judge's earlier behaviour with Hal makes him inconsistent, so he is

certainly not an ideal judge Like his counterpart in 2 Henry IV. He cannot, however, be

" As stated in Chapter LU, it would be reasonable for Shakespeare to want to downplay the confrontation, because unlike the Hal of The Famous Victories, his Hal is not truly wild, he is merely enacting the role of a prodigal.

considered an entirely bad judge since the reason for his actions would be a corrupt source

of secular justice.

There is much in The Merchant of Venice to suggest that Portia should be

considered a good judge. She is learned and comes to the trial specifically knowledgeable

about the law. qualities which were identified in Chapter I as being found in a good judge.

Importantly, she prevents two people from being killed. Portia also stands as a figure of

Mercy. as is particularly evident in her famous speech on the subject. Nonetheless, there is

a distinct irony associated with seeing her as Mercy. for even in that speech she is

manoeuvring to bring the force of the law back on Shylock. thus becoming Justice.lJ

There is another layer to these proceedings. for as Mark Edwin hdrews explains, in the

part of the scene in which Portia speaks for mercy, she is in fact using legal terms of the

English Common Law tradition to arrive at a just legal judgement. allowing Shylock his

bond, whereas in the section after the judgement she manoeuvres to bring the force of the

law back on Shylock using the "principles, procedures and maxims" of the Equity courts,

which championed the use of mercy to season justice? Her duality is also seen in her

" Shylock, of course, is also a figure of Justice: Antonio has forfeited his bond, thus legally must pay. Shylock stresses the letter of the law in his response to Portia's urging mercy, as he says, "I crave the law" (William Shakespeare, The Merchant of Venice, ed. John Russell Brown [London: Routledge, 1955; rpt. 19941, IV, i, 1.202.). His idea of justice is, however, corrupted by his cruelty and desire for vengeance for past slights which are unrelated to the issue of the bond. Visually he is also a corrupted figure of Justice. While in traditional iconography Justice carries a sword and scales, Shylock carries a knife and scales. Unlike the sword, the knife connotes a means for secret, underhanded murder.

z5 Mark Edwin Andrews, Law Versus Equity in The Merchant of Venice (Boulder: University of Colorado Press, 1965)- pp. xiii-xiv.

judgement - Shylock can have his bond, but he cannot have it? Had Portia not been

portrayed with the duality of justice and mercy (or Law and Equity), the play would have

had far less dramatic tension." The ability to combine mercy and justice could allow

Portia to be considered the ideal judge, that which was spoken of by Home and in sermon

literature, and exemplified by the character Deus in the Biblical Plays. However, Portia did

not come to the trial out of a desire to administer impartial justice, and according to the

material discussed in Chapter I, a key attribute of a good judge is impartiality. In her

conversation with Bassanio at her home prior to the trial, without knowing the legal

particulars. she is dismissive of Shylock's case and then she speaks of wanting to save her

husband's friend from "hellish cruelty. "28 She sides with Antonio before discovering if

there is a legal means to save him. She even goes so far as to impersonate a judge at the

26 Such conflicts often occurred in England when the same case was brought to both Common Law and Equity courts. As Andrews writes, "By the reign of Elizabeth ( 1558- 1603), Literally hundreds of cases were recorded in which one litigant had a judgement in his favor and the other litigant had a decree in his favor, in the same controversy" (Law Versus Equitv, p. xi). Judgements were delivered in Common Law courts and decrees in Equity courts.

Also, it would not have illustrated the conflict between the English courts.

78 The Merchant of Venice, III, iv, 1. 2 1.

uial? Later, because Portia has discovered through her cousin who is a Doctor of Law a

means to save Antonio, her actions at the trial are at best questionable. As Lord Normand

explains:

It is within the province of a judge to suggest a compromise which will

abate hardship in a transaction which he regards as unconscionable. But no

sensible judge, who wishes to bring about a compromise, will assure the

party whom he wishes to persuade that he is certain of success if he persists

in his legal claim; and no fairjudge could give assurances of that kind

knowing them to be false? (my emphasis)

Portia purposely deceives Shylock. When her repeated requests for mercy or compromise

are turned down, viewers' feelings turn entirely against Shylock, drawing all firmly to side

with Portia and Antonio's friends. When it is realized that Portia has been leading Shylock

on, the opinion of Portia, and perhaps of oneself, is tainted since one is implicated in the

unfairness of her action. True Justice should not manipulate Mercy in order to triumph. for

Justice must be above manipulation. but it is not inappropriate for Mercy to use Justice to

29 Further. Portia is a woman impersonating a male judge. (Specifically. of course. Portia is a boy playing a woman playing a young man.] Although the events of the trial occur in a civil court in Venice, certain aspects of the scene connect it with England, and in England there were no female civil court judges until the twentieth century. If there were nothing inappropriate about a woman being a judge, her disguise could have been that of another woman. It is, of course, dramatically interesting, if not appropriate that she is the judge in the case. Also significant is the fact that, during the Elizabethan period, cross- dressing was linked with disorder, moralists decried women cross-dressing as degenerate. and there were cultural associations between witchcraft and sexual reversal (Puzzling Shakesware, pp. 6 L,62 & 8 l j. thus there would be various views among audience members of Portia's impersonation.

30 Lord Nomad , "Portia's Judgement," Universitv of Edinburgh Journal, Vol. 10 ( 1939- 1940). p. 44.

obtain mercy. Though not entirely a just judge, she is a representative of Mercy?

As may be recalled, Mercy was also the victor in the earlier conflict of the four

daughters of God. In that instance, God, the perfect judge, chooses Mercy over Justice in

judgement, as Portia, by means of equity, links mercy and justice, allowing mercy to

triumph. In this she is allied with God. At the same time, despite this, Portia's actions put

her in the position of not being allied with the good judges, who were impartial and under

whom Justice was victorious. Since she is not impartial. she may be allied with the bad

judges, but unlike Portia's court, theirs hold neither justice nor mercy. Though Portia's

actions are not above reproach, she has done as Bassanio had requested when he urged,

"To do a great right, do a little wrong"32. and the result shows the victory of equity over

law. and mercy over justice.

Reading the judicial figures in light of the material discussed in Chapter I causes

Escalus of Measure for Measure to be included among the Ambiguous Judges. At the

outset of the play, Escalus is identified as a knowledgeable judge by the Duke, who says:

The nature of our people,

3' Though the modem viewer or reader is appalled by the decree forcing the religious conversion of Shylock, it would not have been a concern at the time of the play: therefore, the last question about Portia's actions involves the gift which she as judge accepts from the victorious party in the dispute. Shylock is a miser, so it is clear that Antonio's party is the only one from which a judge would be likely to receive a gift of gratitude, and of course, Antonio's party is the successful one. Nonetheless according to Normand, this acceptance of a gift was not considered inappropriate (legally) until some twenty-five years after the play was first presented ("Portia's Judgement", p. 43). Though not against the letter of the law, it may be considered contrary to the spirit of material discussed in Chapter I, such as Piers Plowman and sermon literature, which spoke against judges accepting gifts. As with other incidents in the play, the action has dramatic significance which goes beyond literal concerns.

32 The Merchant of Venice, IV, i, 1.212.

Our city's institutions, and the terms

For common justice, y'are as pregnant in

As art and practice hath enriched any

That we remember?

And. Escalus initially stands as the merciful foil to the severe Angelo, as is in part

established by Escalus' very existence, and in part by his views expressed in E,i. It is

explained in Liii that the Duke left Angelo in charge not only because he wanted to observe

Angelo's behaviour, but because he wanted inactive laws to be reinforced once more. As

the views of the two judges are presented in II,i regarding the situation with the imprisoned

Claudio, it is made clear that Escalus is not the man for such a job.

Since the seriousness of Claudio's "crime" is surely in question, Escalus

commendably advocates mercy. Surprisingly, however, Escalus does not suggest the

most defensible reasons for advocating mercy, which are that Claudio and Juliet are in love

and want to be married and. perhaps more arguable, that they may be considered already

technically rnanied by means of sponsalia wr verba de praesenti? Instead, the arguments

which Escalus offers to advocate mercy are weak. First. he speaks of Claudio's noble

heritage? which implies a partiality to the wealthy or titled. As discussed in Chapter I,

partiality is a feature of a bad judge. Second, Escalus suggests that Angelo should consider

33 Measure for Measure, I,i, 11. 9-1 3.

3J Measure for Measure, p. liii and I, ii, note to 11. 1 34- 1 38.

3s Escalus says, "Alas, this gentleman, / Whom I would save, had a most noble father" (1,ii. 11.6-7). The statement is reminiscent of "I beseech your lordship be good to him: I The man is come of good kin", which were the words of the Vice Iniquity, disguised as Baily Errand, to Judge Daniel in Nice Wanton (11. 356-357).

leniency because Angelo could be @ty of the same crime for which he now charges the

youth. Escalus seems to suggest that temptation can excuse people's criminal behaviour.

As Lever states, "Escalus's claim that temptation may excuse any man takes no account of

the necessity for laws against crime. "36

Later in the scene, when the bawd Pompey is brought before Escalus by the officer

who has arrested him, Escalus lets Pornpey go with an order to stay out of trouble. In this,

Escalus may be considered a figure of foolish rner~y.3~ Although plainly Constable

Elbow's speech is convoluted, his accusations against Pompey are quite clear (II,i, ll. 62-65

and 11. 75-76)? Further, Escalus himself notes the Constable's misplacement of terms (1.

87) and clearly understands what the accusations against Pompey are (11. 2 16-2 18).

Nonetheless. he lets Pompey go without seeing that Mrs. Elbow's complaint against him

36 Measure for Measure, p. Ixvi.

37 Alternately, the reason for this mercy may be to continue to show him as the strict Angelo's merciful foil, for when Angelo departs the scene with the Constable and Pompey. Angelo comments: "I'll take my leave, / And leave you to the hearing of the cause; I Hoping you'll find good cause to whip them all" (II,i, 11. 134- 136). Marcus connects the incident of the hearing of the Constable's story to procedure in contemporary London, noting that Angelo and Escalus "follow the basic pattern of London civic authorities or justices of the peace, conducting open, informal interrogations" (Puzzling Shakespeare, p. 176).

38 In his accusations, the Constable refers to the destruction of bawdy houses in the suburbs of Vienna. Marcus notes the connection to contemporary London, in that in 1604. there had been a "heating-up of efforts to stamp out prostitution" and according to a 1603 proclamation, such houses were ordered destroyed due to concerns about disease (Puzzling Shakespeare, pp. 162 & 163).

be investigated? However, although Escalus lets Pompey go, he tells Elbow that he

should return if he makes further discoveries about the man (11. 182- 185) and he begins to

make arrangements for the replacement of the Constable with someone who is more

competent,

Somewhat perversely, in V,i, when the accusations have been raised against

Angelo and he perceives that the Duke has been insulted, Escalus' patience and mercy

disappear. He orders the friar (i-e., the Duke) to be taken to the rack and tormred and

imprisoned until he reveals everything. According to John of Salisbury, a good judge

should not react in anger. EscaIus is therefore inconsistent - lenient when he is distanced

from a situation, for example, with the charges against Pompey. and partial, reacting in

anger when he is close to a situation, for example, with the charges against his friend

Angelo and the insult to his Duke. Partial judges, and those whose decisions are based on

emotion, are not good judges. So, it is clear that Escalus is not exclusively a representative

of Mercy, and he is not entirely a good or bad judge. Obviously, viewed against Angelo's

hypocrisy and reprehensible be haviour, Escalus is good.

These ambiguous judges do not have the same clear-cut functions as their fellow

judges in the other categories. God embodies justice and mercy, and is the model to which

to aspire. The good judges are ideals. and they stress justice over mercy, provide

instruction concerning how to be a good judge, and reaffm faith in the existence of proper

39 The action suggests that Escalus cannot see that there is a difference between a love struck youth who deserves mercy and a bawd who does not. He cannot tell, or does not care, that Pornpey cannot be trusted not to break the law. The idea that Escalus simply does not care may fmd support in the fact that, after he has set Pompey free, he himself acknowledges: "Mercy is not itself, that oft looks so; / Pardon is still the nurse of a second woe." (II,i, 11.280-28 1) He knows that it is not necessarily a good idea to release a suspect, but he does so anyway.

judgement. The bad judges provide entertainment and instruction about what those sitting

in judgement should not do. The ambiguous judges, however, can be related to more than

one type. There is a basic identification of Adversity with the judgement of God.

However, as a figure of arbitrary Fortune, Adversity is detached from being a human or

divine judge, but nonetheless teaches how a judge is not to act. Ln this negative instruction,

Adversity can be related to the bad judges. Despite his name and worthy sentiments,

Conscience, the "high judge of the law", is at best a foolish, weak judge, and at worst a

covetous, cormpt judge. The play teaches that judges must have a strong conscience, or

they have no place in the commonwealth. The Lord Chief Justice first illustrates the

steadfastness and sense of justice required in a proper judge, allying him with good judges.

His later actions show him to be a bad judge, and provide a warning to those in secular

authority of the consequences which result from the breakdown of the source of justice, the

sovereign. Portia's decisions, in a sense referring back to God's judgements. stress mercy

over justice, provide instruction in equitable judgement, and in fact foreshadow the victory

of equity over the law in English legal history. Nonetheless, she is a partial judgemJO

Escalus may be said to illustrate the desirability of appropriate mercy and the dangers of

excessive mercy. partiality, and anger. The unifying Factor of these five dramatic judges,

like their fellows discussed in the earlier chapters, is that they are instructive.

In a limited sense, because Portia has a strong role in the entertaining aspect of The Merchant of Venice, she is allied with the bad judges who figure strongly in making their plays entertaining.

CONCLUSION

In a time when people firmly believed that they would be judged ultimately by

God, it would not be unusual for there to be an interest in judges as character and

judgement as theme in drama and in other works of literature. As discussed in Chapter I.

writers note many instances of judicial corruption prior to the sixteenth century, providing

an additional source for dramatic and non-dramatic concern about judges and judgement.

And at the same time, the sixteenth century was a period which witnessed the concurrent

growth in and professionalization of the legal system. Further, though one may not have

been a member of the legal profession, between the secular courts and ecclesizstical courts,

there was a good chance that one, or someone one knew, would come before a judge in an

action.

The plays occasionally evoke certain features of English courtroom practice to

establish another layer of connection to the audience. Notably, only small glimpses of legal

practice are found, and almost no mention is made of a significant feature of the English

judicial system: the jury.' Of course, it is not the point of the plays directly to represent the

English judicial system. The plays in part discuss the nature of justice, mercy, and

Exceptions include the suggestion of a charge to the jury in N-Town's The Second Trial Before Pilate, the masque of corrupt jurors in Wisdom, the jury who renders a verdict against Ismael in Nice Wanton, and the reference to readying the jury in Warning: for Fair Women.

judgement. And by focusing these around the figure of the judge, they discuss what

makes a good or bad judge.

In view of the above, it is important to recall that the Bible, pulpit, secular non-

dramatic works, and plays have a Iike view of the characteristics of the good and the bad

judges. Thus the conventions of the good human judge are universal, as are the

conventions of the bad judge. The dramatic GodJesus and their allegorical forms (e-g.,

God's Judgement) are the exemplars of proper judgement. The Biblical Plays represent

primarily traditional and historical figures, and in illustrating judgement, they most

frequently contrast the perfection of the Divine Judge with the imperfection and corruption

of human judges.

The bad judges are strong, memorable characters. They enact negative aspects of

judges found in the background material and are portrayed chiefly as extremely wicked

andlor corrupt, as in the Biblical Plays (i.e., h a s , Caiaphas. Herod, and Pilate, and also

the damned judged in Chester's The Judgement and Cain in Towneley's Mactatio Abel),

Wisdom, King: Cambises. A ~ i u s & Virginia, The Moste Vertuous and Godlve Susanna,

Woodstock, The Downfall of Robert Earl of Huntingdon, Promos and Cassandra, and

Measure for Measure (Angela). They are viewed critically by the playwrights and by the

audience. In other cases, such as in 2 Henry IV (Shallow, and to a lesser extent, Faistaff)

and How A Man Mav Choose a Good Wife from a Bad, the bad judges are primarily

vikiicks fur satire or ridicule. On a larger scale, the wicked judicial figures may satirize the

entire legal system, as is accomplished by means of Mind, Understanding, and the jurors

in Wisdom.

The good judges follow biblical and secular directives about how to behave, and

function as tools for bringing order to chaos and justice to scenes of injustice. In the

Biblical Plays, Apius & Vir~inia, The Moste Vertuous and Godlye Susanna, and 2 Henry

the combined appearance of good and bad judges in a single work foregrounds how far

the wicked have fallen, and the culpability of one who is in the position ofjudgement, but

who judges unjustly. As stated, the use of legal procedures or courtroom trappings makes

the events familiar to a contemporary audience and also illustrate the potential for

wickedness in the judicial system. At the same time, these features in plays such as Nice

Wanton, King Cambi~es,~ The Contention Between Liberalin and Prodinality, and A

Warnine for Fair Women show how well the system can work when a good judge

presides. The Most Vertuous and Godlve Susanna, with its four judicial figures of varying

quality, shows both the potentiality for bad and good in the system, and the means to

remedy the bad.

The works containing good judges tend to show them speaking with the voice of

Justice, and typically show Justice victori~us.~ Specifically, the allegory of the four

daughters of God is played out or has echoes in several of the W a s across this thesis.

However, in these plays, Justice is not universally victorious. The four daughters represent

the components of perfect judgement which are found in the Divine Judge. The daughters

actually appear as characters in The Castle of Perseverance and N-Town's The Parliament

of Heaven. In these, Mercy and Justice take the primary opposing roles to debate the

direction God's judgement should take. God is judge and the daughters function as

advocates. In God's judgement of humanity, Mercy is victorious. As stated in Chapter II,

2 The judgement of the corrupt Sisamnes was, of course, Cambises' only appropriate judgement.

3 In the dramas containing the bad, occasionally the judge stands as a compted figure of Justice. As seen in Chapter V, figures such as Promos and Angelo speak as Justice, and through their actions become corrupted figures of Justice.

Mercy must be victorious in order to provide hope, and may be victorious because the

judgements do not take place at the end of time. Conversely, in Mankind, when the

allegory is referred to in relation to Doomsday by the priestly figure Mercy. he suggests

that Justice and Truth will be the victors, while he will be helpless. In this, a warning is

provided about the means to avoid damnation. In the later plays. the daughters are

employed to illustrate theories of judgement.

By the time Justice appears in Resoublica, she is the daughter of Time, a secular

figure. rather than God. and she functions as a Justice of the Peace. Her opponent Mercy is

not strictly associated with God, but exists to "temper" justice. and becomes a voice

speaking for secular Vices. rather than for a human soul. Of course, unlike The Castle of

Perseverance, The Parliament of Heaven, and Mankind, the theme of Respublica is the

right management of a commonwealth: its subject is secular. Also a Vice, one who

represents an abstract form of wickedness rather than a human being, is not one who

"needs" to be saved in order to provide humanity with the hope of ultimate satvation.

Thus, in Respublica, strict justice is delivered to the most wicked figures, while mercy is

only meted to a minor, repentant sinner. In Respublica, the need to protect the

commonwealth makes justice the recommended and required philosophy to employ

against those seeking to harm it.

In Promos and Cassandra and the later play Measure for Measure, the judge and

the sister debate the fate of the youth, with the judge speaking as JusticelTruth and the sister

as Mercy. As observed earlier, in Promos and Cassandra the argument even follows the

same pattern as that of the daughters in The Castle of Perseverance. The judges and sisters,

however, are secular voices of JusticeKruth and Mercy, for although the youths have

committed secular crimes like Humanurn Genus, the issues disputed concern mortal body,

not immortal soul. Justice is intended in these cases, but since in the persons of Promos

and Angelo Justice is compt, it cannot triumph. The alternative to justice is mercy.

hdeed, ultimately mercy triumphs in both the treatment of the sinful youths and wicked

judges. Significantly, the seriousness of the youths' crime is questionable, and certainly

both are prepared "to make restitution," that is to marry the young woman with whom they

broke the law. As for the judges, there is an impression created that both have repented,

teamed a lesson and amended their lives, and also each "makes restitution" to the woman

he has harmed.

The voices of the debate take place in one secular figure in The Merchant of Venice.

Portia urges Shylock to do mercy, and she performs a mercy in saving the lives of Antonio

and Shylock, but she delivers strict legal justice to Shylock. Thus there is mercy in strict

legality, or strict justice. Unlike the justice in a play such as A Warning for Fair Women,

however, that meted out does not involve the death of either of the figures before the judge,

nor does it point to an expected divine judgement. Portia's judgement takes place solely in

this world. As stated at the end of Chapter VI. by means of the concept of judicial equity,

she links mercy and justice, allowing the victory of equity over law, and mercy over

justice. Significantly, Antonio's crime, the failure to pay a debt, could not be considered a

mortal offence, while Shylock's desire to kill could be so considered. Nonetheless, since

Portia had urged a merciful treatment of Antonio by Shylock, she has to be merciful in her

judgement of Shylock, lest her judgement be hypocritical. As may be recalled from

Chapter I, hypocrisy was criticized in both biblical and secular background materials.

In A Warning for Fair Women, the secular Lord Justice also combines the ideas of

Justice and Mercy as he speaks with Justice's voice. The accused figures are convicted

according to the law, and strict legal death sentences are ordered for them; such is the voice

of Justice. However, in the act of justice, the figures are brought to a realization of both

their sin and their secular crime, and thus to repentance, which enables their souls to be

saved. Though handed a strictly just judgement in life, merciful judgement by the Divine

Judge at the end of time is forecast. In this, a theory of judgement, that one should be strict

with the body in order to save the soul, is illustrated. As stated earlier, among the good

judges, mercy tends to be portrayed not as something specific to human judges in

judgement, rather to God in judgement. The judgement of the body pertains to humanity,

the judgement of the soul pertains to God. Though a body may be strictly but accurately,

or even, badly judged, the immortal soul, that which is most important, has the possibility

of salvation, for it will always receive fair judgement. The certainty of eventual justice is

clearly reassuring.

In the Doomsday plays and The Castle of Perseverance, God's judgement

concerns the soul. In cases such as God's judgement in the other Biblical Plays, Mischiefs

courtroom proceedings against Mankind in Mankind, and the Homiletic Tragedies

discussed in Chapter 11, the judgements rendered have consequences for body and soul.

The other, generally later, dramatic judgements have primarily worldly consequences

reflecting a shift from religious (i.e., concerning the soul) to secular topics in drama.

The main unifying factor in the representation of the judges is that they have an

instructive function. God stands as the ideal judge and provides a warning to humanity of

the judgement to come at Doomsday. The good judges teach by positive example, and

their sudden appearances and actions enable the restoration of order and justice to their

dramatic worlds. Proper justice brings order and stability. The bad judges, by means of

their actions, show the many potential ways in which a judge may be wicked. The plays

show that corrupted justice harms individuals and society. The bad judges' lengthy

appearance on stage and, indeed, the frequency of the portrayal of judges as bad characters,

feeds into a stereotype of judges as figures of corruption. Though contributing to a

stereotype, the bad judges do not constitute examples of a stock figure, for, as seen in

Chapter V, the way in which they are bad may differ vastly. Overall, the bad judges are

unified by the fact that they teach by negative example.

The Bible, non-biblical religious writings, and secular materials are in agreement in

depicting the characteristics of divine, good and bad judges. The plays use these qualities

in the creation of judicial figures, and in the process bring contemporary issues concerning

judges and judgement to dramatic life. By this, the plays are made relevant to the audience

as they teach and entertain.

APPENDIX

I Adam & Eve - GENESIS 1-3 (Vulgate)

et ait faciamus hominem ad imaginem et similitudinem nostrarn et praesit piscibus

maris et volatilibus caeli et bestiis univenaeque terrae omnique leptili quod rnovetur in

terra et creavit Deus horninem ad imaginem s u m ad imaginem Dei creavit illum

masculum et feminarn creavit eos ...

'I7 formavit igitur Dominus Deus horninem de limo terrae et inspiravit in faciem eius

spiraculum vitae et factus est homo in animam viventem '18 plantaverat autem Dominus

Deus paradisum voluptatis a principio in quo posuit hominem quem formaverat 2:9

produxitque Dominus Deus de hum0 omne lignum pulchrum visu et ad vescendurn suave

lignum etiam vitae in rnedio paradisi Lignumque scientiae boni et mali ... 2 ' 5 tulit ergo

Dorninus Deus hominem et posuit eum in paradiso voluptatis ut operaretur et custodiret

illum ':I6 praecepitque ei dicens ex omni ligno paradisi comede ':I7 de ligno autern

scientiae boni et mali ne comedas in quocumque enim die comederis ex eo morte morieris

' :I8 dixit quoque Dominus Deus non est bonum esse horninem solum faciamus ei

adiutorium similem sui ... 2:z erant autem uterque nudi Adam scilicet et uxor eius et non

erubescebant

3:1 sed et serpens erat cailidior cunctis animantibus terrae quae fecerat Dominus Deus qui

dixit ad mulierem cur praecepit vobis Deus ut non comederetis de omni ligno paradisi 3 2

cui respondit mulier de fructu lignorurn quae sunt in paradiso vescemur 3 3 de fmctu vero

ligni quod est in medio paradisi praecepit nobis Deus ne comederemus et ne tangeremus

illud ne forte moriarnur 3" dixit autem serpens ad mulierem nequaquam rnorte moriemini

scit enim Deus quod in quocumque die comederitis ex eo aperientur oculi vestri et eritis

sicut dii scientes bonum et malum 316 vidit igitur mulier quod bonum esset lignum ad

vescendum et pulchrum oculis aspectuque delectabiie et tulit de fructu iilius et comedit

deditque viro suo qui comedit 3:' et aped sunt oculi amborum cumque cognovissent esse

se nudos consuerunt folia ficus et fecerunt sibi perizomata 3:s et cum audissent vocern

Domini Dei deambulantis in paradiso ad auram post meridiem abscondit se Adam et uxor

eius a Facie Domini Dei in rnedio ligni paradisi 3:9 vocavitque Dominus Deus Adam et

dixit ei ubi es 3 ~ 0 qui ait vocem tuarn audivi in paradiso et timui eo quod nudus essem et

abscondi me 3:' 1 cui dixit quis enim indicavit tibi quod nudus esses nisi quod ex ligno de

quo tibi praeceperam ne comederes comedisti 3:12 dixitque Adam mulier quarn dedisti

sociam mihi dedit mihi de ligno et comedi 3Li3 et dixit Dominus Deus ad mulierem quare

hoc fecisti quae respondit serpens decepit me et comedi 314 et ait Dominus Deus ad

serpentem quia fecisti hoc maledictus es inter ornnia animantia et bestias terrae super

pectus tuum gradieris et te r rm comedes cunctis diebus vitae tuae 3:15 inimicitias ponam

inter te et mulierem et semen tuum et semen illius ipsa conteret caput tuum et tu

insidiaberis calcaneo eius 3:16 rnulieri quoque dixit multiplicabo aerumnas tuas et

conceptus tuos in dolore paries filios et sub viri potestate eris et ipse dominabitur tui 3:17 ad

Adam vero dixit quia audisti vocem uxoris tuae et comedisti de ligno ex quo praeceperarn

tibi ne comederes maledicta tern in opere NO in laboribus comedes earn cunctis diebus

vitae Nae 3:18 spinas et tribulos germinabit tibi et comedes herbas terrae 319 in sudore

vultus tui vesceris pane donec revertaris in terrarn de qua smptus es quia pulvis es et in

pulverem reverteris 3:20 et vocavit Adam nomen uxoris suae Hava eo quod mater esset

cunctorum viventium 3:" fecit quoque Dominus Deus Adam et uxori eius tunicas pellicias

et induit eos 31'2 et ait ecce Adam factus est quasi unus ex nobis sciens bonum et malum

nunc ergo ne forte mittat manurn suam et sumat etiam de tigno vitae et comedat et vivat in

aetemum 323 emisit eurn Dominus Deus de paradiso voluptatis ut operaretur terrarn de

qua sumptus est 3% eiecitque Adam et conlocavit ante paradism voluptatis cherubin et

flammeum gladium atque versatilem ad custodiendam viam ligni vitae

. . 11. Adam & Eve - GENESIS 1-3 (Douay-Rheims)

And he said: Let us make man to our image and likeness: and let him have dominion

over the fishes of the sea, and the fowls of the air, and the beasts, and the whole earth, and

every creeping creature that moveth upon the earth. And God created man to his own

image: to the image of God he created him: male and female he created them ...

2:7 And the Lord God formed man of the slime of the earth: and breathed into his face the

breath of Life, and man became a Living soul. ':8 And the Lord God had planted a paradise

of pleasure from the beginning: wherein he placed man whom he had formed. 2 9 And the

Lord God brought forth of the ground all manner of trees, fair to behold, and pleasant to

eat oE the tree of Life also in the midst of paradise: and the tree of knowledge of good and

evil ... And the Lord God took man, and put him into the paradise for pleasure, to dress

it, and keep it. 2 : ~ And he commanded him, saying: Of every tree of paradise thou shalt

eat: 2:17 But of the tree of knowledge of good and evil, thou shalt not eat. for in what day

soever thou shalt eat of it, thou shalt die the death. *:I8 And the Lord God said: It is not

good for man to be alone: let us make him a help like unto himself. .. 2:'5 And they were

both naked: to wit, Adam and his wife: and were not ashamed.

3:1 Now the serpent was more subtle than any of the beasts of the earth which the Lord

God made. And he said to the woman: Why hath god commanded you, that you should

not eat of every tree of paradise? 3:' And the woman answered him, saying: Of the fruit of

the trees that are in paradise we do not eat: ):3 But of the fruit of the tree which is in the

midst of paradise, God hath commanded us that we should no eat; and that we should not

touch it. lest perhaps we die. 3:J And the serpent said to the woman: No. you shall not die

the death. 3:5 For God doth know that in what day soever you shall eat thereof, your eyes

shall be opened: and you shall be as Gods. knowing good and evil. 16 And the woman saw

that the tree was good to eat, and fair to the eyes, and delightful to behold: and she took of

the fruit thereof, and did eat, and gave to her husband who did eat. 3:' And the eyes of them

both were opened: and when they perceived themselves to be naked, they sewed together

fig leaves, and made themselves aprons. 318 And when they heard the voice of the Lord

God walking in paradise at the afternoon air, Adam and his wife hid themselves from the

face of the Lord God, amidst the trees of paradise. 3:9 And the Lord God called Adam, and

said to him: Where art thou? 3 ~ 0 And he said: I heard thy voice in paradise; and I was

afraid, because I was naked, and I hid myself. 3:' And he said to him: And who hath told

thee that thou wast naked, but that thou hast eaten of the tree whereof I commanded thee

that thou shouldst not eat? 312 And Adam said: The woman, whom thou gavest me to be

my companion, gave me of the tree, and I did eat. 3:13 And the Lord God said to the

woman: Why hast thou done this? And she answered: The serpent deceived men. and I did

eat. 3:i4 And the Lord God said to the serpent: Because thou hast done this thing, thou art

cursed among all cattle. and the beasts of the earth: upon thy breast shalt thou go, and earth

salt thou eat all the days of thy life. 315 I will put enmities between thee and the woman,

and thy seed and her seed: she shall crush thy head, and thou shalt lie in wait for her heel.

3: t6 To the woman also he said: I will multiply thy sorrows, and thy conceptions: in sorrow

shalt thou bring forth children, and thou shalt be under thy husband's power, and he shall

have dominion over thee. 3:'' And to Adam he said: Because thou hast hearkened to the

voice of thy wife, and hast eaten of the tree, whereof I commanded thee that thou shouldst

not eat, cursed is the earth in thy work; with labour and toil shalt thou eat thereof dl the

days of thy life. 3 : ~ Thorns and thistles shall it bring forth to thee; and thou eat the herbs of

the earth. 319 In the sweat of thy face shalt thou eat bread till thou return to the earth, out of

which thou wast taken: for dust thou art, and into dust thou shalt return. 3:z0 And Adam

called the name of his wife Eve: because she was the mother of all the living. 3:n And the

Lord God made for Adam and his wife, garments of skins, and clothed them. 3:22 And he

said: Behold Adam is become as one of us, knowing good and evil: now, therefore, lest

perhaps he put forth his hand, and take also of the tree of life, and eat. and live for ever. 3:'3

And the Lord God sent him out of the paradise of pleasure, to till the earth from which he

was taken. 3:z4 And he cast out Adam; and placed before the paradise of pleasure

Cherubim, and a flaming sword, turning every way, to keep the way of the tree of life.

... 1.11. Cain & Abel - GENESIS 4 (Vulgate)

4:1 Adam vero cognovit Havam uxorem suam quae concepit et peperit Cain dicens possedi

horninem per Dominum 4:2 runusque peperit fratrem eius Abel h i t autem Abel pastor

ovium et Cain agricola -'I3 factum est autem post multos dies ut offerret Cain de fructibus

terrae munera Domino 4:4 Abel quoque obtulit de prirnogenitis gregis sui et de adipibus

eorum et respexit Dominus ad Abel et ad munera eius 4:5 ad Cain vero et ad munera illius

non respexit iratusque est Cain vehementer et concidit vultus eius dixitque Dorninus ad

eum quare maestus es et cur concidit facies tua k7 nome si bene egeris recipies sin autem

male statim in foribus peccatum aderit sed sub te erit appetitus eius et tu dominaberis illius

4:8 dixitque Cain ad Abel fratrem suum egrediamur foras cumque essent in agro

consurrexit Cain adversus Abel fratrem suum et interfecit eurn 4 9 et ait Dominus ad Cain

ubi est Abel fnter tuus qui respondit nescio num custos fratris mei sum " I 0 dixitque ad

eum quid fecisti vox sanguinis fratris tui clamat ad me de terra 4:1 nunc igitur maledictus

eris super terrain quae aperuit os suum et suscepit sanguinem fratris tui de manu tua J: l 2

cum operatus fueris earn non dabit tibi fructus suos vagus et profugus eris super terram

dixitque Cain ad Dominum maior est iniquitas mea quam ut veniam merear *I4 ecce

eicis me hodie a facie terrae et a facie tua abscondar et ero vagus et profugus in terra omnis

igitur qui invenerit me occidet me "I5 dixitque ei Dorninus nequaquarn ita fiet sed omnis

qui occiderit Cain septuplum punietur posuitque Dorninus Cain signum ut non eum

interficeret omnis qui invenisset eum 4:16 egressusque Cain a facie Domini habitavit in

terra profugus ad orientalem plagarn Eden

iv. Cain & Abel - GENESIS 4 (Douay-Rheims)

4 2 And Abel was a shepherd, and Cain a husbandman. 4 3 And it came to pass after many

days, that Cain offered, of the fruits of the earth, g&i to the Lord. 4r4 Abel also offered of

the firstlings of his flock, and of their fat: and the Lord had respect to Abel, and to his

offerings. 4:5 But to Cain and his o f f e ~ g s he had no respect: and Cain was exceedingly

angry. and his countenance fell. 4:6 And the Lord said to him: Why art thou angry? and

why is thy countenance fallen? J:7 If thou do well. shalt thou not receive? but if ill, shall not

sin forthwith be present at the door? but the lust thereof shall be under thee, and thou shalt

have dominion over it. %4nd Cain said to Abel his brother: Let us go forth abroad. And

when they were in the field. Cain rose up against his brother Abel, and slew him. And

the Lord said to Cain: Where is thy brother Abel? And he answered, I know not: am I my

brother's keeper? "lo And he said to him: What hast thou done? the voice of thy brother's

blood crieth to me from the earth. J:l Now, therefore, cursed shalt thou be upon the earth,

which bath opened her mouth and received the blood of thy brother at thy hand, "12 When

thou shalt till it, it shall not yield to thee its fruit: a fugitive and vagabond shalt thou be upon

the earth. 4 1 3 And Cain said to the Lord: My iniquity is greater than that I may deserve

pardon. 4:'" Behold thou dost cast me out this day from the face of the earth, and 1 shall be

hidden from thy face, and shall be a vagabond and a fugitive on the earth: everyone,

therefore, that findeth me, shall kill me. And the Lord said to him: No, it shall not be

so: but whosoever shall kiiI Cain, shall be punished sevenfold. And the Lord set a mark

upon Cain, that whosoever found him should not kill him. And Cain went out from the

face of the Lord, and dwelt as a fugitive on the earth, at the east side of Eden.

v. Noah & the Ark - GENESIS 6-9 (Vulgate)

6:s videns autem Deus quod rnulta malitia horninurn esset in terra et cuncta cogitatio cordis

intenla esset ad malum omni tempore 6:6 paenituit eum quod hominem fecisset in terra et

tactus dolore cordis invinsecus 6:7 delebo inquit hominem quem creavi a facie terrae ab

homine usque ad animantia a reptiIi usque ad volucres caeli paenitet enirn me fecisse eos

6:8 Noe vero invenit gratiam coram Domino 6 9 hae generationes Noe Noe vir iustus atque

perfectus fuit in generationibus suis cum Deo ambulavit 6:10 et genuit tres fdios Sem Ham

et Iafeth corrupta est aufem terra coram Deo et repleta est iniquitate cumque

vidisset Deus terram esse comptam omnis quippe caro cornperat viam suam super

iernm 6:13 dixit ad Noe finis universae camis venit coram me repleta est tern iniquitate a

facie eorum et ego disperdam eos cum terra 6 : ~ fac tibi arcam de Lignis levigatis

mansiunculas in arca facies et bitumine Linies intrinsecus et extrinsecus ... a7 ecce ego

adducam diluvii aquas super terrarn ut interfciam omnem carnem in qua spiritus vitae est

su bter caelum universa quae in terra sum consumentur 6:' ponarnque f'oedus meum

tecum et ingredieris arcam tu et fdii tui uxor tua et uxores fdiorum tuorurn tecum et ex

cunctis animantibus universae camis bina induces in arcam ut vivant tecum masculini

sexus et feminini ... 6:z kcit ergo Noe omnia quae praeceperat illi Deus

7:1 dixitque Dominus ad eum ingredere ~LI et ornnis domus tua arcarn te enim vidi iustum

corm me in generatione hac ... 7:4 adhuc enim et post dies septem ego p l u m super terram

quadraginta diebus et quadraginta noctibus et delebo omnem substantiam quam feci de

superficie terrae 7:s fecit ergo Noe omnia quae mandaverat ei Dominus ... duo et duo

ingressa sunt ad Noe in arcarn masculus et fernina sicut praeceperat Deus Noe cumque

transissent septem dies aquae diluvii inundaverunt super terrarn 7:' 1 anno sescentesimo

vitae Noe mense secundo septimodecimo die mensis rupti sunt omnes fontes abyssi

magnae et cataractae caeeli apertae sunt 7:lZ et facta est pluvia super terram quadraginta

diebus et quadraginta noctibus .. 7:~9 et aquae praevaluerunt nirnis super terram opertique

sunt omnes montes excelsi sub universo caelo 7:20 quhdecirn cubitis altior hi t aqua super

montes quos operuerat 7:" consumptaque est omnis caro quae movebatur super terrarn.

volucrum animantium bestiarum omniumque reptilium quae reptant super terrarn universi

homines 122 et cuncta in quibus spiraculum vitae est in tern mortua sunt 7:2 et delevit

omnern substantiam quae erat super t e r n ab homine usque ad pecus tam reptile quam

volucres caeli et deleta sunt de terra remansit autem solus Noe et qui cum eo erant in arca

recordatus autem Deus Noe cunctarumque animantium et omnium iumentorum quae

erant cum eo in area adduxit spiriturn super terram et inminutae sunt aquae ... expectatis

autem ultra septem diebus aliis rursum dimisit columbam ex arca s:l I at illa venit ad eum

ad vesperam portans m u m olivae virentibus foliis in ore suo intellexit ergo Noe quod

cessassent aquae super terram ... *:I5 locutus est autem Deus ad Noe dicens egredere

de arca tu et uxor tua filii tui et uxores filiorum tuomm tecum S:l7 cuncta animantia quae

sunt apud te ex omni came tarn in volatilibus quam in bestiis et in universis reptilibus quae

reptant super terram educ tecum et ingredimini super terram crescite et multiplicamini

super e m ... 8:m aedificavit autem Noe altare Domino et tollens de cunctis pecoribus et

volucribus mundis obtulit holocausts super altare 8:?1 odoratusque est Dominus odorem

suavitatis et ait ad eum nequaquam ultra maledicarn terrae propter homines sensus enim et

cogitatio humani cordis in malum prona sunt ab adulescentia sua non igitur ultra percutiam

ornnem mimantern sicut feci

9:8 haec quoque dixit Deus ad Noe et ad filios eius cum eo gZ9 ecce ego statuarn pactum

meum vobiscum et cum semine vestro post vos 91'0 et ad omnem animam viventem quae

est vobiscum tam in volucribus quam in iumentis et pecudibus terrae cunctis quae egressa

sunt de arca et universis bestiis terrae 9 : ~ statuam pactum meum vobiscum et nequaquam

ultra interficietur omnis caro aquis diluvii neque erit deinceps diluvium dissipans t e r n

9:1"ixitque Deus hoc signum foederis quod do inter me et vos et ad omnem animam

viventem quae est vobiscum in generationes sempiternas 9:13 arcurn meum ponarn in

nubibus et erit signum foederis inter me et inter terram

vi. Noah & the Ark - GENESIS 6-9 (Douay-Rheims)

6:5 And God seeing that the wickedness of men was great on the earth. and that all the

thought of their heart was bent upon evil at all times, 6:6 It repented him that he had made

man on the earth. And being touched inwardly with sorrow of heart. 6:' He said: I will

destroy man, whom I have created. from the face of the earth. from man even to beasts.

from the creeping thing even to the fowls of the air, for it repenteth me that I have made

them. 6:8 But Noe found grace before the Lord. 6:9These are the generations of Noe: Noe

was a just and perfect man in his generations, he walked with God. 6:1° And he begot three

sons. Sem. Cham. and Japheth. 6:11 And the earth was corrupted before God. and was

filled with iniquity. 6:" And when God h d seen that the earth was corrupted (for all flesh

had corrupted its way upon the earth) 6:') He said to Noe: The end of all flesh is come

before me, the earth is filled with iniquity through them, and I will destroy them with the

earth. 6:14 Make thee an ark of timber planks: thou shalt make little rooms in the ark, and

thou shalt pitch it within and without. ... 6:" Behold I will bring the waters of a great flood

upon the earth, to destroy all flesh, wherein the breath of life, under heaven. All things are

in the earth shall be consumed. 6 : ~ And I will establish my covenant with thee, and thou

shalt enter into the ark, thou and thy sons, and thy wife. and the wives of thy sons with

thee. 6:19 And of every living creature of all flesh, thou shalt bring two of each sort into the

ark, that they may live with thee: of the male sex. and the female. ... 6:z And Noe did all

things which God commanded him.

7:1 And the Lord said to him: Go in thou and all thy house into the ark: for thee I have seen

just before me in this generation. ... 7:4 For yet a while, and after seven days. I will rain

upon the earth forty days and forty nights: and I will destroy every substance that I have

made, from the face of the earth. And Noe did all things which the Lord had

commanded him. ... 7:9 Two and two went in to Noe into the ark, male and female, as the

Lord had commanded Noe. 7:i0 And after seven days were passed, the waters of the flood

overflowed the earth. 7:' 1 In the six hundreth year of the life of Noe in the second month, in

the seventeenth day of the month, all the fountains of the great deep were broken up, and

the flood gates of heaven were open: 7:12 And the rain fell upon the earth forty days and

forty nights. ... And the waters prevailed beyond measure upon the earth: and all the

high mountains under the whole heaven were covered. 7:" The water was fifteen cubits

higher than the mountains which it covered. 7 3 And all flesh was destroyed that moved

upon the earth. both of fowl, and of cattle. and of beasts, and of all creeping things that

creep upon the earth: and all men. 7:2%hd all things wherein there is the breath of Life on

the earth. died. 7:" And he destroyed all the substance that was upon the earth, from man

to beast, and the creeping things and fowls of the air: and they were destroyed from the

earth: and Noe only remained, and they that were with him in the ark. ...

8:1 And God remembered Noe, and all the Living creatures, and al l the cattle which were

with him in the ark, and brought a wind upon the earth, and the waters were abated. 8:2 The

fountains also of the deep, and the flood gates of heaven were shut up, and the rain from

heaven was restrained ... 8:10 And having waited yet seven other days, he again sent forth the

dove out of the ark " 1 1 And she came to him in the evening, carrying a bough of an olive

tree, with green leaves, in her mouth- Noe therefore understood that the waters were ceased

upon the earth. ... 8 ~ 5 And God spoke to Noe, saying: 8:16 GO out of the ark, thou and thy

wife. thy sons. and the wives of thy sons with thee. 8: i7 All livings things that are with thee

of all flesh, as well in fowls as in beasts, and all creeping things that creep upon the earth.

bring out with thee, and go ye upon the earth: increased and multiply upon it. ... 13:" And

Noe built an altar unto the Lord: and taking of ali cattle and fowls that were clean, offered

holocausts upon the altar. And the Lord smelled a sweet savour, and said: I will no

more curse the earth for the sake of man: for the imagination and thought of man's heart

are prone to evil from his youth: therefore I will no more destroy every living soul as I

have done. ... 9:* This also said God to Noe, and to his sons with him, 9:9 Behold I will

establish my covenant with you, and with your seed after you: 9:10 And with every living

soul that is with you, as well in all birds as in cattle and bests of the earth, that are come

forth out of the ark, and in all the beasts of the earth. 9:' I will establish my covenant with

you, and all flesh shall be no more destroyed with the waters of a flood, neither shall there

be from henceforth a tlood to waste the earth. 9:12 And God said: This is the sign of the

covenant which I will give between me and you, and to every living soul that is with you,

for perpetual generations. 91'3 1 will set my bow in the clouds, and it shall be the sign of a

covenant between me, and between the earth.

vii. The Woman Taken in Adultery - JOHN 8: 1- 1 1 (Vulgate)

Iesus autem perrexit in montem Oliveti 8:2 et diluculo iterum venit in templum et omnis

populus venit ad eum et sedens docebat eos *I3 adducunt autem scribae et Pharisaei

mulierem in adulterio deprehensam et statuerunt e m in medio et dixerunt ei magister

haec mulier mod0 deprehensa est in adulterio $5 in lege autem Moses mandavit nobis

huiusmodi lapidare tu ergo quid dicis haec autem dicebant temptantes eum ut possent

accusare eum Iesus autem inclinans se deorsum digito scribebat in terra 8:7 cum autem

peaeverarent interrogantes eum erexit se et dixit eis qui sine peccato est vestrum primus in

illam lapidem mittat 8z8 et iterum se inclinans scribebat in terra 8:9 audientes autem unus

post unum exiebant incipientes a senioribus et remansit solus et mulier in medio stans 8:10

erigens autem se Iesus dixit ei rnulier ubi sunt nemo te condemnavit quae dixit nemo

Domine dixit autem Iesus nec ego te condemnabo vade et amplius iarn noli peccare

viii. The Woman Taken in Adultery - JOHN 8: 1- 1 1 (Douay-Rheims)

And Jesus went unto mount Olivet. 8:2 And early in the morning he came again into the

temple. and all the people came to him, and sitting down he taught them. 8:3 And the

scribes and the Pharisees bring unto him a woman taken in adultery: and they set her in

the midst, 8:4 And said to him: Master. this woman was even now taken in adultery. 8:s

Now Moses in the law commanded us to stone such a one. But what sayest thou? 8:6 And

this they said tempting him, that they might accuse him. But Jesus bowing himself down,

wrote with his finger on the ground. 817 When therefore they continued asking him, he

lifted up himself, and said to them: He that is without sin among you, let him first cast a

stone at her. 818 And again stooping down, he wrote on the ground. 8:9 But they hearing

this, went out one by one, beginning at the eldest. And Jesus alone remained, and the

woman standing in the midst. *:lo Then Jesus lifting up himself, said to her: Woman,

where are they that accused thee? Hath no man condemned thee? a:11 Who said: No man,

Lord, And Jesus said: Neither wilI I. condemn thee. Go, and now sin no more.

ix. Idle Words and Judgement - MA'ITHEW 1236-37 (Vulgate)

1236 dico autern vobis quoniarn omne verbum otiosum quod locuti fuerint homines

reddent rationem de eo in die iudicii '23' ex verbis enim tuis iustificaberis et ex verbis tuis

condernnaberis

x. Idle Words and Judgement - MATTHEW 1236-37 (Douay-Rheims)

1236 But I say unto you, that every idle word that men shall speak, they shall render an

account for it in the day of judgment '2137 For by thy words thou shalt be justified. and by

thy words thou shalt be condemned.

xi. The Last Judgement - MAITHEW 25: 3 1-46 (Vulgate)

3 : 3 l cum autem venerit Filius hominis in maiestate sua et omnes angeli cum eo tunc

sedebit super sedem maiestatis suae 2532 et congregabuntur ante eum omnes gentes et

separabit eos ab invicem sicut pastor segregat oves ab hedis '5:" et statuet oves quidem a

dexvis suis hedos autem a sinisvis 25:" tunc dicet rex his qui a dextris eius erunt venite

benedicti Patris mei possidete paratum vobis regnum a constitutione mundi '5:35 esurivi

enim et dedistis rnihi rnanducare sitivi et dedistis mihi bibere hospes eram et collexistis me

2536 nudus et opemistis me infirmus et visitastis me in carcere eram et venistis ad me

~3~ tunc respondebunt ei iusti dicentes Dornine quando te vidimus esurientem et pavimus

sitientem et dedimus tibi poturn 2538 quando autem te vidimus hospitem et colleximus te

aut nudum et cooperuimus "39 aut quando te vidimus infmurn aut in carcere et venimus

ad te et respondens rex dicet illis amen dico vobis quamdiu fecistis uni de his

fratribus meis minimis rnihi fecistis ~ 5 : ~ ' tunc dicet et his qui a sinistris erunt discedite a

me maledicti in ignern aeternum qui paratus est diabolo et angelis eius 2542 esurivi enirn et

non dedistis mihi manducare sitivi et non dedistis rnihi poturn hospes erarn et non

collexistis me nudus et non opemistis me infmus et in carcere et non visitastis me '5:44

tunc respondebunt et ipsi dicentes Domine quando te vidimus esurientem aut sitientem aut

hospitem aut nudum aut infimum vel in carcere et non ministravimus tibi 3:45 hmc

respondebit iUis dicens amen dico vobis quamdiu non fecistis uni de minoribus his nec

mihi fecistis ' 5 : ~ et ibunt hii in supplicium aetemum iusti autem in viram aetemam

xii. The Last Judgement - MATTHEW 25: 3 1-46 (Douay-Rheims)

And when the Son of man shall come in his majesty, and all the angels with him, then

shall he sit upon the seat of his majesty. '5:32 And all nations shall be gathered together

before him, and he shall separate them one from another, as the shepherd separateth the

sheep from the goats: 3 : 3 3 And he shall set the sheep on his right hand, but the goats on

his left. '5:34Then shall the king say to them that shall be on his right hand: Come, ye

blessed of my Father, possess you the kingdom prepared for you from the foundation of

the world. 2535 For I was hungry, and you gave me to eat; I was thirsty, and you gave me

to drink; I was a stranger, and you took me in: 2536 Naked, and you covered me: sick, and

you visited me: I was in prison, and you came to me. 2537 Then shall the just answer him,

saying: Lord, when did we see thee hungry, and fed thee; thirsty, and gave thee drink? ~ 3 8

And when did we see thee a stranger, and took thee in? or naked. and covered thee? 3 3 9

Or when did we see thee sick or in prison, and came to thee? And the king answering,

shall say to them: Amen I say to you. as long as you did it to one of these my least

brethren. you did it to me. Then he shall say to them also that shall be on his left hand:

Depart from me, you cursed. into everlasting fire which was prepared for the devil and his

angels. 3:JZ For I was hungry. and you gave me not to eat: I was thirsty. and you gave me

not to drink. ?5Z23 I was a stranger, and you took me not in: naked, and you covered me

not: sick and in prison. and you did not visit me. ' 5 ~ ~ Then they also shall answer him,

saying: Lord, when did we see thee hungry, or thirsty. or a stranger, or naked, or sick, or in

prison. and did not minister to thee? 3 ~ 5 Then he shall answer them, saying: Amen I say

to you, as long as you did it not to one of these least, neither did you do it to me. And

these shall go into everlasting punishment: but the just, into Life everlasting.

xiii. The Last Judgement - REVELATION 20: 1 1 - 15 (Vulgate)

x:' et vidi thronum magnum candidurn et sedentem super eum a cuius aspectu hgi t

terra et caelum et locus non est inventus ab eis 2 0 ~ 2 et vidi rnortuos magnos et pusillos

stantes in conspectu throni et libri aperti sunt et dius Liber apertus est qui est vitae et iudicati

sunt mortui ex his quae scripta erant in libris secundum opera ipsorum et dedit mare

mortuos qui in eo erant et mors et inferus dederunt mortuos qui in ipsis erant et iudicatum

est de singulis secundum opera ipsorum 2 0 : ~ et inferus et mors missi sunt in stagnum

ignis haec mors secunda est stagnum ignis et qui non est inventus in libro vitae

scriptus missus est in stagnum ignis

xiv. The Last Judgement - REVELATION 20: I l- IS (Douay-Rheims)

And I saw a great white throne. and one sitting upon it, from whose face the earth and

heaven fled away, and there was no place found for them. 20:12 And I saw the dead. great

and small. standing in the presence of the throne, and the books were opened; and another

book was opened, which is the book of life: and the dead were judged by those things

which were written in the books, according to their works. 20:13 And the sea gave up the

dead that were in it, and death and hell gave up their dead that were in them; and they were

judged every one according to their works. =:I4 And hell and death were cast into the pool

of fire. This is the second death. m:15 And whosoever was not found written in the book of

life, was cast into the pool of fire.

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