Henry NevilleReading edition · 0.94.335
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Chapter 28

Measure for Measure: The Prison and the Pardon

Prison on stage

The prison or the street outside it occupies more than a third of the dialogue in Measure for Measure, a much larger share than in any of the nine earlier plays charted here.1

Neville left the Tower in April 1603 after nearly two years in the Tower.2 Measure for Measure is usually dated to late 1603 or 1604; its first recorded performance was at Whitehall on 26 December 1604.3 Claudio, condemned to death by Angelo, waits in prison while his sister Isabella pleads for his life. The play’s concentration on confinement belongs to the period immediately following Neville’s release.

Figure 28.1. Prison settings in Measure for Measure and nine earlier plays. Solid bars show selected settings; hatching adds borderline locations. Percentages count spoken words in whole scenes.
Figure 28.1. Prison settings in Measure for Measure and nine earlier plays. Solid bars show selected settings; hatching adds borderline locations. Percentages count spoken words in whole scenes.

A friar inside the prison

Shakespeare inherited the story of a corrupt magistrate and a sister’s plea for her condemned brother from Cinthio and Whetstone. Neither Cinthio’s novella nor Whetstone’s Promos and Cassandra gives its ruler the Duke’s friar disguise. Whetstone includes a preacher attending prisoners and a rescued man returning in disguise, but these are separate characters.4

The 1780 catalogue of the Billingbear library lists a Venice edition of Cinthio’s Hecatommithi dated 1580, the year Neville was travelling on the Continent with Savile.5

On 16 September 1599, Neville explained to Cecil how a former priest could gain trust while serving as an agent in Spain:

yet for his more safety, and to avoid suspicion in his abode there, he will take upon him the habit, and for need the function of a priest, which will also give him credit and trust there, and means thereby to do the better service.6

The Duke of Vienna likewise uses religious disguise to observe others unsuspected. He leaves Angelo in charge and pretends to depart, but remains among his subjects. He asks Friar Thomas for the clothing and instruction that will make his impersonation convincing:

DUKE
[…]
I will, as ’twere a brother of your order,
Visit both prince and people. Therefore I prithee
Supply me with the habit, and instruct me
How I may formally in person bear
Like a true friar. […]
— Measure for Measure, 1.3.

As a friar, the Duke gains access to the prison and the confidence accorded to a spiritual adviser. He arranges to overhear Claudio and Isabella while concealed.7 Neville’s report draws the same distinction: the habit and, if necessary, the priest’s function. Religious trust provides access for intelligence work.

A separate operation in Neville’s dispatches shows such religious trust at work. On 25 January 1600, Neville told Cecil that he had sent a friar to Rome after arranging for him to gain the confidence of suspected Scottish conspirators:

In this confidence (he having governed himself discreetly, and seeming very zealous and passionate in the common cause) they have opened themselves in general terms very far unto him …

Their trust produced letters of recommendation and access to a cipher. Neville also instructed the friar to offer to carry their correspondence:

I have willed him to offer his means of conveying their letters, which they will never distrust; and thereby their letters will fall into my hands.8

The Provost and the Duke’s letter

Shakespeare calls the prison keeper the Provost, where Cinthio has il prigioniere and Whetstone “gaoler.” The Oxford English Dictionary places the play under the judicial sense concerning the apprehension, custody and punishment of offenders, illustrated through the French prévôt and his powers of summary jurisdiction.910

Neville used the word in a French dispatch of 30 May 1599, reporting the punishment planned for French soldiers implicated in an enterprise against Charlemont:

the King has sent a Provost thither to do round justice upon them, and to proceed to their execution.11

The Provost’s question to Angelo makes the corresponding responsibility explicit:

PROVOST
Is it your will Claudio shall die tomorrow?
— Measure for Measure, 2.2.12

In both passages the officer is responsible for carrying out an execution.

Oxford English Dictionary, “provost,” sense 5a. The entry explains the French judicial usage and includes its citation from Measure for Measure, describing Claudio being led to prison. Entry image preserved in Ken Feinstein’s post of 20 October 2020.
Oxford English Dictionary, “provost,” sense 5a. The entry explains the French judicial usage and includes its citation from Measure for Measure, describing Claudio being led to prison. Entry image preserved in Ken Feinstein’s post of 20 October 2020.

At a knock in the night, the Provost hopes for “some pardon or reprieve” for Claudio. Angelo’s messenger instead brings an order hastening the execution. The friar’s assurances cannot overcome the Provost’s fear of disobeying. The Duke therefore produces a letter announcing his own return:

DUKE, [as Friar] […]
since I see you fearful, that neither my coat, integrity,
nor persuasion can with ease attempt you, I will
go further than I meant, to pluck all fears out of
you. Look you, sir, here is the hand and seal of the
Duke. [He shows the Provost a paper.] You know the
character, I doubt not, and the signet is not strange
to you.

PROVOST I know them both.
— Measure for Measure, 4.2.13

The Provost recognizes both handwriting and seal. Where the habit has failed, the Duke offers documentary assurance that he will return to uphold the officer’s actions.

On 19 November 1599, Neville used the same formula for the representative who would collect his English pay and allowances. Before leaving, he had:

authorized one under my hand and seal to demand and receive my entertainment and other allowances

“Entertainment” means pay or maintenance. Neville’s hand and seal authorize a representative; the Duke’s authenticate the letter announcing his return.14

The language of the hearings

Three expressions recurring in Neville’s letters appear together in the hearing before Escalus in Measure for Measure 2.1:

Expression in Neville’s letters Uses Letters
I beseech your honour 33 28
In my poor opinion 9 8
So for this time 9 9

The counts come from 162 English letters.15 Pompey appeals to Escalus:

POMPEY, [to Escalus] I beseech your Honor, ask me.
— Measure for Measure, 2.1.

He then challenges the suppression of prostitution in the language of modest advice:

POMPEY Truly, sir, in my poor opinion, they will to ’t
then. If your Worship will take order for the drabs
and the knaves, you need not to fear the bawds.
— Measure for Measure, 2.1.

Escalus closes the encounter with a warning and a familiar form of leave-taking:

ESCALUS
[…] shall have you whipped. So, for this time, Pompey,
fare you well.
— Measure for Measure, 2.1.16

Pompey gives an impertinent argument the form of respectful counsel; Escalus follows a threat with courteous leave-taking. “In my poor opinion” appears in no other play in the selected comparison through 1616, though it is widespread in printed prose. The scene turns the familiar language of petitions and correspondence into comic exchanges between a magistrate and a bawd.15

The play’s final hearing turns from petition to denial. In his account of the Essex affair, Neville marked the end of an encounter by denying any subsequent communication:

After which, I never spake with them, nor heard from them;

Angelo makes a closely matching denial of further dealings with Mariana:

ANGELO
[…] Since which time of five years
I never spake with her, saw her, nor heard from her,
Upon my faith and honor.
— Measure for Measure, 5.1.

The matching syntax dates a last encounter and denies any subsequent conversation or message. Angelo uses it to conceal his dealings with Mariana.17

“Liberty of the prison”

On 12 July 1601, following Neville’s petition, the Privy Council instructed Sir John Peyton, Lieutenant of the Tower:

that he may have such liberty of the prison as that his wife may have access unto him

Anne Neville could visit at convenient times; two or three business visitors a day could also confer with him about his estate, especially the means of paying his fine. The order was Peyton’s warrant to admit them.18

In Measure for Measure, the Provost uses the same expression when describing Barnardine:

PROVOST He will hear none. He hath evermore had the
liberty of the prison; give him leave to escape
hence, he would not.
— Measure for Measure, 4.2.19

Waiting for mercy

Writing from the Tower on 6 January 1602, Neville described selling his plate, horses, cattle and even household goods and bedding to meet his expenses. He told Cecil:

And if my imprisonment continue, I cannot but expect the uttermost of misery.20

On 11 March 1602, Neville told Cecil that he had raised his offer for a pardon from £4,000 to £5,000. The payments would leave scarcely £50 a year for himself, his wife and eight children. Imprisonment itself cost over £150 a year, consuming money that could otherwise reach the Queen.21

For Neville, continued imprisonment and the proposed price of freedom both threatened his family’s livelihood. Asking Cecil to ease the terms, he recalled:

the rigour of the law, according as your honour did deliver it yesterday.

Lucio’s account of Claudio’s predicament uses the corresponding expression:

LUCIO
[…]
Falls into forfeit. He arrests him on it,
And follows close the rigor of the statute
To make him an example. All hope is gone
Unless you have the grace by your fair prayer
To soften Angelo. […]
— Measure for Measure, 1.4.

Cinthio already gives Juriste the “rigour” of a harsh law. Neville’s letter gives that legal concept a prisoner’s urgency: the cost to his household. Like Lucio’s appeal, it asks what might move authority to relax a punishment.22

The waiting brought further suffering. By April 1602, the Queen had accepted £5,000 in principle, but the securities remained disputed. On 3 April Neville reported that his wife had lost one child and feared losing another.23

In May 1602, Neville put the cost of confinement most starkly:

My state is wholly decayed and my health of late much impaired. There is little left but my life, which, if it please God and her Majesty, I am willing to preserve.24

Claudio brings the same burdens together when he recoils from death:

CLAUDIO
[…]
The weariest and most loathed worldly life
That age, ache, penury, and imprisonment
Can lay on nature is a paradise
To what we fear of death.
— Measure for Measure, 3.1.25

Neville sought release from confinement; Claudio pleads to escape execution. Neville’s letters describe three of the burdens Claudio compresses into a line: ache, penury and imprisonment. He still wanted life, and time to remove the “blemish and blot” upon his reputation.24

In January 1603 Neville was still thanking Cecil for efforts to obtain his liberty; release came in April.232 The play that followed gives that waiting a dramatic urgency. Access to a prisoner, an officer’s trust, and the arrival of a letter can decide whether mercy comes in time.

Notes and sources


  1. Calculation from the Folger Shakespeare XML editions, public reading texts, counting spoken word tokens and excluding speaker names, directions and apparatus. In Measure for Measure, scenes 2.3, 3.1, 4.2 and 4.3 contribute 5,539 words; 3.2, the street before the prison, adds 2,154: 7,693 of 21,301 words, or 36.1%. The same whole-scene method is applied to the nine comparators, with traditional editorial locations checked against the dialogue. Tower palace and fortress scenes are included. Hatched extensions mark alternative location classifications, not statistical uncertainty; the large extension for 2 Henry VI includes 3.2, adjoining Gloucester’s murder in custody. Zero means no qualifying staged location, not no imprisonment in the story. This selected comparison excludes later plays, including Cymbeline, The Winter’s Tale and The Two Noble Kinsmen; it is not a complete-canon ranking or a measure of performance duration.↩︎

  2. Mary Anne Everett Green, ed., Calendar of State Papers, Domestic Series, of the Reign of Elizabeth, 1601–1603 (London, 1870), p. 45, Chamberlain’s letter of 27 May 1601, and p. 91, the Tower officer’s entry recording Neville’s arrival on 1 May, public scan. Neville’s Tower confinement followed supervised custody at Chelsea. Chamberlain reported that the term had passed without his arraignment; Neville should not be described as a prisoner sentenced to death. For the financial petitions, see the letter of 11 March 1602 and the Salisbury calendar entries cited under “Waiting for mercy”. For his April 1603 release, see the Council report of 10 April (Green, CSPD James I, 1603–1610, item 18), cited in the note on the play’s performance date.↩︎

  3. Folger Shakespeare Library, “Historical Background,” Measure for Measure, section 1, on the Whitehall performance recorded in the Revels accounts. Green, ed., Calendar of State Papers, Domestic Series, James I, 1603–1610 (London, 1857), vol. 1, item 18, 10 April 1603, Council report. The performance date is not a demonstrated date of first composition. The surviving printed text first appeared in the 1623 Folio: Barbara Mowat and Paul Werstine, “An Introduction to This Text”. For the usual composition date, 1604 or late 1603, see the Royal Shakespeare Company, “Dates and Sources”.↩︎

  4. Cinthio, Hecatommithi, VIII.5, Venice edition of 1574; Whetstone, Promos and Cassandra, Part I, 2.6 (the printed scene number; the sequence is sometimes counted as 2.7), prisoners accompanied by a preacher; Part II, 5.1, Andrugio’s return in disguise (4.2 presents his earlier life in exile). Shakespeare, Measure for Measure, 1.3, 2.3, 3.1 and 4.2–4.3. The comparison is between these particular treatments, not an assertion that Shakespeare invented the general device of a disguised ruler.↩︎

  5. The 1780 Billingbear catalogue lists the Venice 1580 edition of Cinthio’s Hecatommithi. See the reproduced catalogue entry in Ken Feinstein, “Henry Neville’s Library of Shakespeare Sources”, 31 August 2019. Robert B. Todd, “Henry and Thomas Savile in Italy,” Bibliothèque d’Humanisme et Renaissance 58.2 (1996), pp. 439–444, especially p. 440, article, places Neville with Savile at Nuremberg in September 1580. The edition date coincides with his continental journey; neither the catalogue nor Todd establishes when or by whom this copy was acquired.↩︎

  6. Neville to Cecil, 16 September 1599, Winwood, Memorials, vol. 1, pp. 102–105, quotation p. 104. Winwood describes the man as “of the Religion”, that is, Protestant. This proposed agent for Spain is not identified with the friar whom Neville reported dispatching to Rome in January 1600. Shakespeare quotations follow the Folger edition, retaining its line breaks. Ellipses mark omissions; bold type identifies the words carrying the verbal or conceptual comparison. Winwood quotations have modernized spelling, capitalization and light punctuation, preserving vocabulary and meaning. His printed orthography is not treated as manuscript spelling. Other historical quotations are identified by their witness; the short quotation from the letter of 11 March 1602 has spelling modernized after image collation.↩︎

  7. Shakespeare, Measure for Measure, 1.3, 2.3 and 3.1. The opening request to the Provost invokes the friar’s charitable office; the concealed overhearing occurs in 3.1. Christy Desmet’s “A Modern Perspective” reads the disguise as political surveillance and stresses religious function as well as dress.↩︎

  8. Neville to Cecil, 25 January 1599/1600 O.S., Winwood, Memorials, vol. 1, pp. 146–147. The printed heading explicitly says O.S.; the year is 1600 in modern year numbering. Quotations from pp. 146 and 147 respectively, with spelling and capitalization modernized. The report distinguishes gaining confidence, obtaining a cipher and offering to convey correspondence. It does not identify this friar as the proposed former priest discussed in September 1599.↩︎

  9. Oxford English Dictionary, “provost, n.”, sense 5a, in the entry image reproduced in Ken Feinstein’s post of 20 October 2020. Its historical sense concerns apprehension, custody and punishment; the explanation describes French officials’ summary jurisdiction and points separately to military usage at 5b. It cites Measure for Measure 1.2. The image records the entry as preserved in 2020; the current subscription entry was not accessible for a fresh comparison. Neville’s dispatch reports an order to proceed to execution, rather than a completed execution.↩︎

  10. A contextual review of surface-form occurrences, including early spelling variants, in the dramatic corpus described by Pervez Rizvi distinguishes judicial custody from military, civic, household and fencing senses. The word is not unique to Shakespeare: Greene’s Alphonsus, King of Aragon orders a provost to take Fabius to the Marshalsea, and Chapman’s May Day connects a provost with threatened whipping. Military provost-marshals provide additional punitive uses. These examples prevent a claim of exclusive usage; the comparison here is the specific judicial sense, independently identified by the OED, and its French setting in Neville’s dispatch. Exact totals for that narrow sense are not used because some institutional classifications remain debatable.↩︎

  11. Neville to Cecil, 30 May 1599 O.S., in Ralph Winwood, Memorials of Affairs of State, ed. Edmund Sawyer, vol. 1 (London, 1725), p. 42. The report concerns French soldiers implicated in Count Maurice’s enterprise against Charlemont. Round indicates summary or decisive proceeding. The comparison concerns a French judicial officer ordered to proceed to execution; other ecclesiastical, civic and educational senses of provost are distinct.↩︎

  12. Shakespeare, Measure for Measure, 2.2, the Provost’s question to Angelo about Claudio’s execution.↩︎

  13. Shakespeare, Measure for Measure, 4.2, the Duke’s production of a letter announcing his return within two days. A handwritten, sealed order already appears in Cinthio’s Epitia (Venice, 1583), Act III, pp. 50–51; the comparison concerns Neville’s use of the formula.↩︎

  14. Neville to Cecil, 19 November 1599 O.S., Winwood, Memorials, vol. 1, p. 130. The authorized representative was to demand and receive it and pursue his affairs in England.↩︎

  15. Original recurring-phrase study, 13 September 2026: 162 English letters, 127,352 analysis tokens; contiguous surface sequences, capitalization ignored, with honor/honour and declared spelling equivalents. The three counts are 33 uses in 28 letters, 9 in 8, and 9 in 9, respectively. They are overlapping features of one scene, not independent proofs of authorship. In 38 Shakespeare plays and 254 other dramatic entries assigned dates through 1616, “I beseech your honor” occurs in four Shakespeare plays and three others; “in my poor opinion” in Measure for Measure alone; “so for this time” in that play and 1 Edward IV. EarlyPrint searches of publications through 1616 returned 47, 49 and 41 records respectively, including editions and repeated material, not independent authors. The dramatic corpus is described by Pervez Rizvi. Neville examples are printed in Winwood, Memorials, I, pp. 16–17 (closing formula), 44–45 (request), and 47–50 (opinion); counts use modernized research text and make no claim about manuscript spelling.↩︎

  16. Shakespeare, Measure for Measure, 2.1, Folger text. Pompey speaks both the request and the opinion; Escalus supplies the dismissal. Quoted line breaks are preserved. The chapter compares the scene’s use of a correspondence register, not three exclusive verbal matches.↩︎

  17. “Sir Henry Nevill’s Case,” relating to the Essex rising of 1601, Winwood, Memorials, I, p. 302. The Case is distinct from Neville’s separate declaration of 2 March. Shakespeare, Measure for Measure, 5.1, Folger Shakespeare Library. Angelo’s denial is false within the play; the comparison concerns the form of the denial, not the truth of Neville’s account.↩︎

  18. John Roche Dasent, ed., Acts of the Privy Council of England, vol. 32, 1601–1604 (London, 1907), p. 64, order of 12 July 1601 to Sir John Peyton, British History Online. Spelling modernized. The order permits two or three necessary business visitors in a day, in addition to the stated provision for Lady Neville.↩︎

  19. Shakespeare, Measure for Measure, 4.2, the Provost’s account of Barnardine. The shared phrase identifies qualified liberty while remaining in custody; the specific privileges in the two passages differ. Henry Arthington, The seduction of Arthington by Hacket (London, 1592), passage beginning “But to speake of some particular favours,” TCP A21681: “the libertie of the prison. That all my friends may come and see me.” Spelling modernized in the chapter. This independent usage explains the concession; the Council order is wording about Neville, not a letter authored by him.↩︎

  20. Neville to Cecil, 6 January 1601/2, Hatfield House, Cecil Papers 84/45, first text leaf; the quotation was checked against the manuscript image, with spelling and punctuation modernized. The abridged entry in Calendar of the Manuscripts of the Marquis of Salisbury, XII (1910), pp. 6–7, records the sale of plate, horses, cattle and bedding but omits the quoted sentence. The original uses the old-style year 1601; the date here is 1602 in modern year numbering.↩︎

  21. Henry Neville to Robert Cecil, 11 March 1601/2, Hatfield House, Cecil Papers 85/76; calendared in Calendar of the Manuscripts of the Marquis of Salisbury, vol. 12 (London, 1910), pp. 72–73, printed calendar. The sums and family circumstances are Neville’s representation of his financial position. His letter explains that an indisposition of his head and eyes prevented him from writing it in his own hand. The annual £150 is his stated cost under continued confinement, not a general tariff asserted for every Tower prisoner.↩︎

  22. Neville to Cecil, 11 March 1601/2, Cecil Papers 85/76, first text page, transcription by John O’Donnell. The calendar at vol. 12, pp. 72–73, abridges this part of the letter. Shakespeare, Measure for Measure, 1.4. Rigour/rigor is a correspondence in legal register and application, not a claim that Neville coined the word. Cinthio’s novella VIII.5 already has “rigore della dura Legge” in Juriste’s response to Epitia; see Cinthio, Hecatommithi, VIII.5, Venice, 1574. The earlier Comedy of Errors 1.1 also speaks of rigorous statutes. Neither the word nor the concept begins in this play.↩︎

  23. Calendar of the Salisbury Manuscripts, vol. 12, pp. 95–96 and p. 589. These are paraphrases of the published calendar.↩︎

  24. Neville to Cecil, May 1602, Hatfield House, Cecil Papers 93/44, checked against the manuscript image and the Calendar of the Salisbury Manuscripts, XII, pp. 151–152, which dates the letter 11 May. Spelling and punctuation modernized. The sentence continues with his hope to “wipe and wear out this blemish and blot” upon him in the Queen’s eyes. Neville’s appeal concerns preservation of health and life under confinement; unlike Claudio, he was not under sentence of death.↩︎

  25. Shakespeare, Measure for Measure, 3.1, Claudio’s response to Isabella. “Penury” is the Second Folio reading (1632), adopted by Folger; the First Folio (1623) prints “periury.” See Folger’s textual notes, 3.1.145.↩︎

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