第15章

"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 deion,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 beside,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.Just as exactly,too;for the correctness and propriety with which these terms are introduced have compelled the admiration of a Chief Justice and a Lord Chancellor."Senator Davis wrote:"We seem to have something more than a sciolist's temerity of indulgence in the terms of an unfamiliar art.No legal solecisms will be found.The abstrusest elements of the common law are impressed into a disciplined service.Over and over again,where such knowledge is unexampled in writers unlearned in the law,Shakespeare appears in perfect possession of it.In the law of real property,its rules of tenure and descents,its entails,its fines and recoveries,their vouchers and double vouchers,in the procedure of the Courts,the method of bringing writs and arrests,the nature of actions,the rules of pleading,the law of escapes and of contempt of court,in the principles of evidence,both technical and philosophical,in the distinction between the temporal and spiritual tribunals,in the law of attainder and forfeiture,in the requisites of a valid marriage,in the presumption of legitimacy,in the learning of the law of prerogative,in the inalienable character of the Crown,this mastership appears with surprising authority."To all this testimony (and there is much more which I have not cited)may now be added that of a great lawyer of our own times,viz.Sir James Plaisted Wilde,Q.C.created a Baron of the Exchequer in 1860,promoted to the post of Judge-Ordinary and Judge of the Courts of Probate and Divorce in 1863,and better known to the world as Lord Penzance,to which dignity he was raised in 1869.