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
"She gladly did of that same Babe accept,
As of her owne by _liverey and seisin_;
And having over it a litle wept,
She bore it thence, and ever as her owne it kept."
_Faërie Queene_, B. VI. C. iv. st. 37.
So, for an instance of the phrase "fee," which Lord Campbell notices as
one of those expressions and allusions which "crop out" in "Hamlet,"
"showing the substratum of law in the author's mind,"--
"We go to gain a little patch of ground,
That hath in it no profit but the name.
To pay five ducats, five, I would not farm it;
Nor will it yield to Norway or the Pole
A ranker rate, should it be sold _in fee_,"--
Act iv. Sc. 2.
and of which Mr. Rushton quotes several instances in its fuller form,
"fee simple,"--we have but to turn back a few stanzas in this same
canto of the "Faërie Queene," to find one in which the term is used with
the completest apprehension of its meaning:--
"So is my lord now _seiz'd of_ all the land,
As _in his fee_, with peaceable _estate_,
And quietly doth hold it in his hand,
Ne any dares with him for it debate."
_Ib_. st. 30.
And in the next canto:--
"Of which the greatest part is due to me,
And heaven itself, by heritage _in fee_."
_Ib._ C. vii. st. 15.
And in the first of these two passages from the "Faërie Queene," we have
two words, "seized" and "estate," intelligently and correctly used
in their purely legal sense, as Shakespeare himself uses them in the
following passages, which our Chief Justice and our barrister have both
passed by, as, indeed, they have passed many others equally worthy of
notice:--
"Did forfeit with his life all those his lands
Which he stood _seiz'd of_ to the conqueror."
_Hamlet_, Act i. Sc. 1.
"The terms of our _estate_ may not endure
Hazard so near us," etc.--_Ib_. Act iii. Sc. 3.
Among the most important passages cited by both our authors is one that
every reader of Shakespeare will recollect, when it is mentioned to
him,--Hamlet's speech over the skull in the grave-digging scene. But
although this speech is remarkable for the number of law-terms used in
it, only one of them seems to evince any recondite knowledge of the law.
This is the word "statutes," in the following sentence:--
"This fellow might be in's time a buyer of
land, with his statutes, his recognizances, his
fines, his double vouchers, his recoveries."
Act v. Sc. 1.
Public-domain text, read in full here on John Shaqi.
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