And what does the same high authority say about Shakespeare? He had “a
deep technical knowledge of the law,” and an easy familiarity with
“some of the most abstruse proceedings in English jurisprudence.” And
again: “Whenever he indulges this propensity he uniformly lays down
good law.” Of “Henry IV.,” Part 2, he says: “If Lord Eldon could be
supposed to have written the play, I do not see how he could be
chargeable with having forgotten any of his law while writing it.”
Charles and Mary Cowden Clarke speak of “the marvelous intimacy which
he displays with legal terms, his frequent adoption of them in
illustration, and his curiously technical knowledge of their form and
force.” Malone, himself a lawyer, wrote: “His knowledge of legal terms
is not merely such as might be acquired by the casual observation of
even his all-comprehending mind; it has the appearance of technical
skill.” Another lawyer and well- known Shakespearean, Richard Grant
White, says: “No dramatist of the time, not even Beaumont, who was the
younger son of a judge of the Common Pleas, and who after studying in
the Inns of Court abandoned law for the drama, used legal phrases with
Shakespeare’s readiness and exactness. And the significance of this
fact is heightened by another, that it is only to the language of the
law that he exhibits this inclination. The phrases peculiar to other
occupations serve him on rare occasions by way of description,
comparison, or illustration, generally when something in the scene
suggests them, but legal phrases flow from his pen as part of his
vocabulary and parcel of his thought. Take the word ‘purchase’ for
instance, which, in ordinary use, means to acquire by giving value, but
applies in law to all legal modes of obtaining property except by
inheritance or descent, and in this peculiar sense the word occurs five
times in Shakespeare’s thirty-four plays, and only in one single
instance in the fifty-four plays of Beaumont and Fletcher. It has been
suggested that it was in attendance upon the courts in London that he
picked up his legal vocabulary. But this supposition not only fails to
account for Shakespeare’s peculiar freedom and exactness in the use of
that phraseology, it does not even place him in the way of learning
those terms his use of which is most remarkable, which are not such as
he would have heard at ordinary proceedings at _Nisi Prius_, but such
as refer to the tenure or transfer of real property, ‘fine and
recovery,’ ‘statutes merchant,’ ‘purchase,’ ‘indenture,’ ‘tenure,’
‘double voucher,’ ‘fee simple,’ ‘fee farm,’ ‘remainder,’ ‘reversion,’
‘forfeiture,’ etc. This conveyancer’s jargon could not have been picked
up by hanging round the courts of law in London two hundred and fifty
years ago, when suits as to the title of real property were
comparatively rare. And besides, Shakespeare uses his law just as
freely in his first plays, written in his first London years, as in
those produced at a later period.
Public-domain text, read in full here on John Shaqi.
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