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
When Malone, in 1790, broached his theory, that Shakespeare had been an
attorney's clerk, he cited in support of it twenty-four passages. Mr.
Rushton's pamphlet brings forward ninety-five, more or less; Lord
Campbell's book, one hundred and sixty. But, from what he has seen of
it, the reader will not be surprised at learning that a large number of
the passages cited by his Lordship must be thrown aside, as having no
bearing whatever on the question of Shakespeare's legal acquirements.
They evince no more legal knowledge, no greater familiarity with
legal phraseology, than is apparent in the ordinary conversation of
intelligent people generally, even at this day. Mr. Rushton, more
systematic than his Lordship, has been also more careful; and from the
pages of both we suppose that there might be selected a round hundred
of phrases which could be fairly considered as having been used by
Shakespeare with a consciousness of their original technicality and of
their legal purport. This is not quite in the proportion of three to
each of his thirty-seven plays; and if we reckon his sonnets and poems
according to their lines, (and both Mr. Rushton and Lord Campbell cite
from them,) the proportion falls to considerably less than three. But
Malone's twenty-four instances are of nearly as much value in the
consideration of the question as Lord Campbell's and Mr. Rushton's
hundred; for the latter gentlemen have added little to the strength,
though considerably to the number, of the array on the affirmative side
of the point in dispute; and we have seen, that, of the law-phrases
cited by them from Shakespeare's pages, the most recondite, as well
as the most common and simple, are to be found in the works of the
Chroniclers, whose very language Shakespeare used, and in those of the
playwrights his contemporaries.
Our new advocates of the old cause, however, quote two passages which,
from the freedom with which law-phrases are scattered through them, it
is worth while to reproduce here. The first is the well-known speech in
the grave-digging scene of "Hamlet":--
"_Ham_. There's another: Why may not that be the skull of a lawyer?
Where be his quiddits now, his quillets, his _cases_, his _tenures_, and
his tricks? why does he suffer this rude knave, now, to knock him about
the sconce with a dirty shovel, and will not tell him of his _action of
battery_? Humph! This fellow might be in's time a great buyer of land,
with his _statutes_, his _recognizances_, his _fines_, his _double
vouchers_, his _recoveries_: Is this the _fine_ of his _fines_, and the
_recovery_ of his _recoveries_, to have his fine pate full of fine dirt?
will his _vouchers_ vouch him no more of his _purchases_, and _double
ones_, too, than the length and breadth of a pair of _indentures_? The
very _conveyances_ of his lands will hardly lie in this box; and must
the _inheritor_ himself have no more? ha?"--Act v. Sc. 1.
Public-domain text, read in full here on John Shaqi.
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