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
The general reader supposes, we believe, and very naturally, that here
"statutes" means laws, Acts of Parliament concerning real estate. But,
as Mr. Rushton remarks, (Malone having explained the term before him,)
"The statutes referred to by Hamlet are, doubtless, statutes merchant
and statutes staple." And "a statute merchant (so called from the 13th
Edward I., _De mercatoribus_) was a _bond_ acknowledged before one of
the clerks of the statutes merchant, and the mayor, etc., etc. A statute
staple, properly so called, was a _bond of record_, acknowledged before
the mayor of the staple," etc., etc.
Here we again have a law-term apparently so out of the ken of an
unprofessional writer, that it would seem to favor the Attorney and
Solicitor theory. But let us see if the knowledge which its use implies
was confined to Shakespeare among the dramatists of his time.
In Fletcher's "Noble Gentleman," a comedy, first performed in 1625, we
find a lady, sorely pushed for ready cash, crying out,--
"Take up at any use: give bond, or land,
Or mighty _statutes_, able by their strength
To tie up my Samson, were he now alive."
Act i. Sc. 1.
And in Middleton's "Family of Love," (where, by the way, the Free-Love
folk of our own day may find their peculiar notions set forth and made
the basis of the action, though the play was printed two hundred
and fifty years ago,) we find a female free-loveyer thus teaching a
mercantile brother of the family, that, although she has a sisterly
disregard for some worldly restraints, she yet keeps an eye on the main
chance:--
"Tut, you are master Dryfab, the merchant; your skill is greater in
cony-skins and woolpacks than in gentlemen. His lands be _in statutes_:
you merchants were wont to be merchant staplers; but now gentlemen have
gotten up the trade; for there is not one gentleman amongst twenty but
his lands be engaged in twenty statutes staple."
Act i. Sc. 3.
And in the very first speech of the first scene of the same play, the
husband of this virtuous and careful dame says of the same "Gerardine,"
(who, as he is poor and a gentleman, it need hardly be said, is about
the only honest man in the piece,)--"His lands be _in statutes_." And
that poor debauchee, Robert Greene, who knew no more of law than he
might have derived from such limited, though authentic information as to
its powers over gentlemen who made debts without the intention of paying
them, as he may have received at frequent unsolicited interviews with a
sergeant or a bum-bailiff, has this passage in his "Quip for an Upstart
Courtier," 1592:--
"The mercer he followeth the young upstart gentleman that hath no
government of himself and feedeth his humour to go brave; he shall not
want silks, sattins, velvets to pranke abroad in his pompe; but with
this proviso, that he must bind over his land in a _statute merchant or
staple_; and so at last forfeit all unto the merciless mercer, and leave
himself never a foot of land in England."
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account