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
Peele, Kyd, Lilly, Chapman, Jonson, Middleton, Marston, Ford, Webster,
Massinger, and the undistinguished crowd.
These facts dispose in great measure of the plausible suggestion,
which has been made,--that, as the courts of law in Shakespeare's time
occupied public attention much more than they do at present, they having
then regulated "the season," as the sittings of Parliament (not then
frequent or stated) do now,[F] they would naturally be frequented by the
restless, inquiring spirits of the time, Shakespeare among them, and
that there he and his fellow-dramatists picked up the law-phrases which
they wove into their plays and poems. But if this view of the case were
the correct one, we should not find that disparity in the use of legal
phrases which we have just remarked. Shakespeare's genius would manifest
itself in the superior effect with which he used knowledge acquired in
this manner; but his _genius_ would not have led him to choose the
dry and affected phraseology of the law as the vehicle of his flowing
thought, and to use it so much oftener than any other of the numerous
dramatists of his time, to all of whom the courts were as open as to
him. And the suggestion which we are now considering fails in two other
most important respects. For we do not find either that Shakespeare's
use of legal phrases increased with his opportunities of frequenting
the courts of law, or that the law-phrases, his use of which is most
noteworthy and of most importance in the consideration of the question
before us, are those which he would have heard oftenest in the course of
the ordinary business of the courts in his day. To look at the latter
point first,--the law-terms used by Shakespeare are generally not those
which he would have heard in ordinary trials at _nisi prius_ or before
the King's Bench, but such as refer to the tenure or transfer of real
property, "fine and recovery," "statutes," "purchase," "indenture,"
"tenure," "double voucher," "fee simple," "fee farm," "remainder,"
"reversion," "dower," "forfeiture," etc., etc.; and it is important to
remember that suits about the title to real estate are very much rarer
in England than they are with us, and in England were very much rarer in
Shakespeare's time than they are now. Here we buy and sell houses and
lands almost as we trade in corn and cotton; but in England the transfer
of the title of a piece of real estate of any consequence is a serious
and comparatively rare occurrence, that makes great work for attorneys
and conveyancing counsel; and two hundred and fifty years ago the
facilities in this respect were very much less than they are now.
Shakespeare could hardly have picked up his conveyancer's jargon by
hanging round the courts of law; and we find,--to return to the first
objection,--that, in his early plays, written just after he arrived in
London, he uses this peculiar phraseology just as freely and with
as exact a knowledge as he displayed in after years, when (on the
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