Law in literature; Shakespeare, William, 1564-1616 -- Knowledge -- Law
But it is not necessary to cite the Court of Appeal to prove that even
learned lawyers make mistakes in law. It is sufficient to mention Lord
Campbell, who in his ‘Shakespeare’s Legal Acquirements Considered,’ has
made several mistakes in law, a few of which I have noticed in Archiv. f.
n. Sprachen and in ‘Shakespeare’s Testamentary Language,’ published in
the year 1869. The Appendix B. of that book concludes with these words:
‘We all know that Lord Campbell was a lawyer of great experience, yet in
his “Shakespeare’s Legal Acquirements Considered” he has made several
mistakes in law. How, then, could any errors in law which I might find in
Shakespeare’s works afford conclusive evidence that Shakespeare was not a
lawyer?’
4 ULLET ROAD, DINGLE, LIVERPOOL,
_Long Vacation, 1907_.
SHAKESPEARE’S LEGAL MAXIMS.
Qui genus humanum ingenio superavit, et omnis
Restinxit, stellas exortus uti aerius sol.
_Lucretius._
The lawyer, when he reads attentively the works of William Shakespeare,
may not be more surprised by the poet’s correct use of law terms, and
intimate acquaintance with legal customs and tenures, and the lex
scripta, than by his extensive and profound knowledge of the maxims of
the English law.
_Portia._ To offend and judge are distinct offices,
And of opposed natures.
_Merchant of Venice_, Act iii. Scene 1.
_Queen Katherine._ I do believe,
Induc’d by potent circumstances, that
You are mine enemy; and make my challenge
You shall not be my judge: for it is you
Have blown this coal betwixt my lord and me,—Which
God’s dew quench!—Therefore I say again,
I utterly abhor, yea, from my soul
Refuse you for my judge; whom yet once more
I hold my malicious foe, and think not
At all a friend to truth.
_Henry VIII._, Act ii. Scene 4.
Nemo debet esse judex in suâ propriâ causâ (12 Rep. 113). No one
ought to be a judge in his own cause. It is a fundamental rule in the
administration of justice that a man cannot be judge in a cause in which
he is interested (per cur. 2 Stra. 1173). Nemo sibi esse judex vel suis
jus dicere debet (C. 3, 5, 1).
Public-domain text, read in full here on John Shaqi.
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