Then follow Colin’s funeral, the punishment of the hard-hearted Thestylis, condemned to love a ‘foul crooked churl’ who ‘crabbedly refuseth her,’ and the scene in which Mercury summons Paris before the Olympian tribunal.  Here we find him in the next act.  The gods being seated in the bower of Diana, Juno and Pallas, and Venus and Paris appear ‘on sides’ before the throne of Jove, and in answer to his indictment the shepherd of Ida delivers a spirited speech.  Again the verse is of no small merit.  Defending himself from the charge of partiality in the bestowal of the prize, he argues: 

    Had it been destined to majesty—­
    Yet will I not rob Venus of her grace—­
    Then stately Juno might have borne the ball. 
    Had it to wisdom been intituled,
    My human wit had given it Pallas then. 
    But sith unto the fairest of the three
    That power, that threw it for my farther ill,
    Did dedicate this ball—­and safest durst
    My shepherd’s skill adventure, as I thought,
    To judge of form and beauty rather than
    Of Juno’s state or Pallas’ worthiness—... 
    Behold, to Venus Paris gave the fruit,
    A daysman[210] chosen there by full consent,
    And heavenly powers should not repent their deeds.

After consultation the gods decide to dismiss the prisoner, though we gather that he is not wholly acquitted.

Jupiter. Shepherd, thou hast been heard with equity and law, And for thy stars do thee to other calling draw, We here dismiss thee hence, by order of our senate; Go take thy way to Troy, and there abide thy fate.

    Venus. Sweet shepherd, with such luck in love, while thou dost live,
    As may the Queen of Love to any lover give.

    Paris. My luck is loss, howe’er my love do speed: 
    I fear me Paris shall but rue his deed.

    Apollo. From Ida woods now wends the shepherd’s boy,
    That in his bosom carries fire to Troy.

This, however, does not settle the case, and the final adjudication of the apple of beauty is entrusted by the gods to Diana, since it was in her grove that it was found.  Parting company with classical legend in the incident which gives its title to the play, Peele further adds a fifth act, in which he contrives to make the world-famous history subserve the courtly ends of the masque.  When the rival claimants have solemnly sworn to abide by the decision of their compeer, Diana begins: 

    It is enough; and, goddesses, attend. 
    There wons within these pleasaunt shady woods,
    Where neither storm nor sun’s distemperature
    Have power to hurt by cruel heat or cold, ... 
    Far from disturbance of our country gods,
    Amid the cypress springs[211], a gracions nymph,
    That honours Dian for her chastity,
    And likes the labours well of Phoebe’s groves;
    The place Elizium hight, and