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
Very profound legal studies, therefore, cannot be predicated of
Shakespeare on the ground of the knowledge which he has shown of this
peculiar kind of statute.
It is not surprising that both our legal Shakespearean commentators cite
the following passage from "As You Like It" in support of their theory;
for in it the word "extent" is used in a sense so purely technical, that
not one in a thousand of Shakespeare's lay readers now-a-days would
understand it without a note:--
_Duke F._ Well, push him out of doors,
And let my officers of such a nature
_Make an extent_ upon his house and lands."
Act iii. Sc. 1.
"Extent," as Mr. Rushton remarks, is directed to the sheriff to seize
and value lands and goods to the utmost extent; "an _extendi facias_" as
Lord Campbell authoritatively says, "applying to the house and lands
as a _fieri facias_ would apply to goods and chattels, or a _capias ad
satisfaciendum_ to the person." But that John Fletcher knew, as well
as my Lord Chief Justice, or Mr. Barrister Rushton, or even, perhaps,
William Shakespeare, all the woes that followed an extent, the elder
Mr. Weller at least would not have doubted, had he in the course of
his literary leisure fallen upon the following passage in "Wit Without
Money" (1630):--
"_Val_ Mark me, widows
Are long _extents_ in law upon men's livings,
Upon their bodies' winding-sheets; they that enjoy 'em
Lie but with dead men's monuments, and beget
Only their own ill epitaphs."
Act ii. Sc. 2.
George Wilkins, too, the obscure author of "The Miseries of Enforced
Marriage," uses the term with as full an understanding, though not with
so feeling an expression or so scandalous an illustration of it, in the
following passage from the fifth act of that play, which was produced
about 1605 or 1606:--
"They are usurers; they come yawning for money; and the sheriff with
them is come to serve an _extent_ upon your land, and then seize your
body by force of execution."
Another seemingly recondite law-phrase used by Shakespeare, which Lord
Campbell passes entirely by, though Mr. Rushton quotes three instances
of it, is "taken with the manner." This has nothing to do with good
manners or ill manners; but, in the words of the old law-book before
cited,--
--"is when a theefe hath stollen and is followed with hue and crie and
taken, having that found about him which he stole;--that is called ye
maynour. And so we commonly use to saye, when wee finde one doing of an
unlawful act, that we tooke him with the maynour or manner."
_Termes de la Ley_, 1595, fol. 126, _b_.
Shakespeare, therefore, uses the phrase with perfect understanding, when
he makes Prince Hal say to Bardolph,--
"O villain, thou stolest a cup of sack eighteen
years ago, and wert _taken with the manner_,
and ever since thou hast blush'd extempore."
1 _Henry IV_.Act ii, Sc. 4.
Public-domain text, read in full here on John Shaqi.
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