The Atlantic Monthly, Volume 04, No. 21, July, 1859: A Magazine of Literature, Art, and PoliticsVarious
History
The Atlantic Monthly, Volume 04, No. 21, July, 1859: A Magazine of Literature, Art, and Politics
Various
American periodicals
But to pass from the manner to the matter of the learned gentlemen who
appear on behalf of Malone's theory. Lord Campbell, after stating, in
the introductory part of his letter, that in "The Two Gentlemen of
Verona," "Twelfth Night," "Julius Caesar," "Cymbeline," "Timon of
Athens," "The Tempest," "King Richard II.," "King Henry V.," "King Henry
VI., Part I.," "King Henry VI., Part III.," "King Richard III.," "King
Henry VIII.," "Pericles," and "Titus Andronicus,"--fourteen of the
thirty-seven dramas generally attributed to Shakespeare,--he finds
"nothing that fairly bears upon this controversy," goes on to produce
from the remaining plays, _seriatim_, such passages as in his judgment
do bear upon the question, and to remark upon them, thus isolated and
disconnected from each other. Mr. Rushton is more methodic and logical.
He does not merely quote or cite all the passages which he has noticed
in which legal terms occur, but brings together all such as contain the
same terms or refer to kindred proceedings or instruments; and he thus
presents his case with much more compactness and consequent strength
than results from Lord Campbell's loose and unmethodical mode of
treating the subject. We can arrive at the merits of the case on either
presentation only by an examination of some of the more important of the
passages cited.
Lord Campbell, as we have just seen, mentions "Henry VIII." as one of
the fourteen plays in which he has found nothing which relates to the
question in hand; but Mr. Rushton opens his batteries with the following
passage from the very play just named; and to most readers it will seem
a bomb of the largest dimensions, sent right into the citadel of his
opponents:--
"_Suff_. Lord Cardinal, the king's further pleasure is,--
Because all those things you have done of late
By your power legatine within this kingdom
Fall into compass of a _premunire_,--
That therefore such a writ be sued against you,
To forfeit, all your goods, lands, tenements,
Chattels, and whatsoever, and to be
Out of the king's protection:--this is my
charge."
_King Henry VIII_. Act iii. Sc. 2.
We shall first remark, that, in spite of his declaration as to "Henry
VIII.," Lord Campbell does cite and quote this very passage (p. 42);
and, indeed, he must have been as unappreciative as he seems to have
been inaccurate, had he failed to do so; for, upon its face, it is, with
one or two exceptions, the most important passage of the kind to be
found in Shakespeare's works. _Premunire_ is thus defined in an old
law-book which was accessible to Shakespeare:--
Public-domain text, read in full here on John Shaqi.
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