.... — ..-■,■ M M PR 3077 R896S o 3 6 THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES K Y SIIAKESPEARE ILLUSTRATED. Floriferis ut apes in saltibus omnia libant, Omnia nos itidem depascimur aurea dicta. Aurea, perpetua semper dignissima vita. 13. Ltjcbetius iii. SHAKESPEARE ILLUSTRATED BY OLD AUTHORS BY WILLIAM LOWES RUSHTON OB GHAT'S INN', BARBISTEB-AT-IiA'W Corresponding Member of the Berlin Society for the Study of Modem Laii \i,tii.ir of 'Shakespeare a Lawyer,' 'Shakespeare's Legal Maxims,' 'Shakespeare Illustrated by the Lex Bcrlpta,' iy his own interdiction stands accursed, And does blaspheme his breed ? Macbeth, Act iv. Sc. 3. In the second dialogue between the Doer- . and Student, Chapter LV., which contains 'the eight questions of the Doctor, whether the statute of 14th Edward the Third, of Sylva ca3dua, stand with conscience,' are these words : And it sccmeth to stand hardly with conscience to re- port so many to stand accursed for following of the said stat. and of the said prescription as there do, and yet to do no more than hath bin done to bring them out of it. Of this old book, the Doctor and Student, Coke says : Dialogus inter sacra) Theologiffi Doctorem et Legis com- munis Studiosum, anno I'o lienr. VIII. conscriptus fait ab anthore appelate S. Germin, viro sine dubio prudente et juris turn municipalis turn Civiliset Canonici satis perito. Sam. Gregory, o' my word, we'll not carry coals. Ore. No, for then we should be colliers. Sam. 1 mean, an we be in choler, we'll draw. Ore. Ay, while you live, draw your neck out of the collar. Borneo and Juliet, Act i. Sc. 1. G SHAKESPEARE ILLUSTRATED. Boy. ~Njm and Bardolph are sworn brothers in filching ; and in Calais they stole a fire-shovel : I knew, by that piece of service, the men would carry coals. Henry V., Act iii. Sc. 2. In this trouble the earle of Orrnond was greatlie aided by Sir William Wise Knight, a worshipfull gentle- man, borne in the city of Waterford, who deserving in- deed the praise of that great vertue, whereof he bare the name, grew to be of great credit in the conrt, and stood highlie in King Henrie his grace, which he wholie used to the furtherance of his friends, and never abused to the annoiance of his foes. This gentleman was verie well spoken, mild of nature, with discretion stout, as one that in an upright quarell would bear no coles, seldome in an intricate matter gravelled, being found at all affaires to be of a jueasant wit. Slender. All his successors gone before hira hath done 't ; and all his ancestors that come after him may : they may give the dozen white luces in their coat. Shallow. It is an old coat. Evans. The dozen white louses do become an old coat well ; it agrees well, passant ; it is a familiar beast to man, and signifies love. Shallow. The luce is the fresh fish ; the salt fish is an old coat. Merry Wives of Windsor, Act i. Sc. 1. Having lent the king his signet to seale a letter, who having powdred erimits ingrailed in the seale, Why, how now, Wise (quoth the king), what, hast thou lice here ? And if it like your majestie, quoth Sir William, a louse is a rich cote, for by giving the louse, I part amies with the French King, in that he giveth the floure de Hce. Whereat the King laughed to hearehow ' THE DOZEN WHITE LUCES.' prctilie so biting a taunt (namlic proceeding from a prince) was suddenlie turned to so pleasanta conceipt. — A con!: n of the Oh of In Iwi d, Holinsbed. Shakespeare seems to have been familiar with Holinshed's Chronicles, and this passage may have suggested the dialogue between Shallow, Slender, and Evans. Servant. My master preaches patience to him, while His man with Bcissars tricks him like af I. Comedy "/Errors, Act v. Sc. 1. Rights unsemely, on queynte manere, He hym dight, as ye shall here. A barher he callyd, withouten more, And shove hym bothe behynd and before, Qucntly endentyd, out and in ; And also he shove half his chynne : He seemyd a fole, that quoynte sire, Bothe by hede and by atyre. Weber's Metrical Eomances, Vol. ii. p. 340. Abergavewn/y. I do know Kinsmen of mine, three at the least, that have By this so sicken'd their estates, that never They shall abound as formerly. y; <}, vm. O, many Have broke their backs with laying manors on them For this great journey. What did this vanity, But minister communication of A most poor issue ? A" i' ry VIII. , Act i. Sc. 1. So ridiculous, moreover, we are in our attires, and for cost so excessive, that as Hierome Baid of old, Uno 8 SIIAKESPEAEE ILLUSTRATED. filo villarum insunt pretia, tino lino decies sestertium mseritur: 'Tis an ordinary thing to put a thousand oaks and an hundred oxen into a suit of apparel, to wear a whole mannor on his back. — Burton's Anatomy of Melancholy, Part iii. Sec. 2, Mem. 3. Subs. 3. Hamlet. Sure, he, that made us with such large discourse, Looking before, and after, gave us not That capability and godlike reason To fust in us unused. Act iv. Sc. 4. Gewiss, der uns mit soldier Denkkraft schuf Voraus zu schaun und riickwarts, gab uns nicht Die Fahigkeit und gottlicke Vemunffc, Urn ungebraucht in uns zu schimmeln. SCHLEGEL. The expression, ' looking before and after,' which Shakespeare uses in Hamlet, is to be found in the Iliad, and also in the Odyssey of Homer : 6 yap olog vpa Tcpoamo km uTriarrii). II. xviii. 250 ; Od. xxiv. 451. der allein so vorwarts schaute wie riickwarts. II, Voss. der allein vorwarts hinschauet und riickwarts. Od. Voss. ouct 7i oice vo7)vai ujiu irpoaow kui OTriaaui. II. i. 343. Und nicht weiss er zu schauen im Geist vorwarts und auch riickwarts. II. Voss. 1 LOOKING BEFORE AND AFTE 11.' 9 And the reader will perceive that Schlegel, in translating that expression, uses almost the same words which Voss uses in translating those lines. Macbeth. Methought I heard a voice cry ' Sleep no more ! Macbeth does murder sleep,' the innocent sleep, Sleep that knits up the ravell'd sleave of care, The death of each day's life, sore labour's bath, Balm of hart minds, great nature's second course, Chief nourisher in life's feast. Act ii. Sc. 2. AiXov vttvov 6i\yt,Tpov, inUovpov voaov, wc '/cu not 77pocn~]\0t<; iv ciu\ri ye. w tcotvio. Xi'iOi) tuJv KaKwv, ojq el aotpt) icai ru'iai cvgtv^ovgiv evKrala Beoq. 214'. Euripides, Orestes. Somne, quies rerurn, placidissime Somne Deorura, Pax animi, quern cura fugit, qui corda diurnis Fessa ministeriis mulces, reparasque labori. Ovid, Met. xi. 623. K. John. The king is moved, and answers not to this. Const. 0, be removed from him, and answer well. Kinij John, Act iii. Sc. 1. Petrucio. Myself am moved to vroo thee for my wife. Katharma. .Moved! in good time: let him that mm-' d you hither love you hence : I knew you at the first You were a moveable. Taming the Shrew, Act ii. Sc. 1. a 3 10 SHAKESPEARE ILLUSTRATED. Nestor. "With due observance of thy godlike seat T Great Agamemnon, Nestor shall apply Thy latest words. In the reproof of chance Lies the true proof of men. Troilus and Cressida, Act i. Sc. 3. Anne. Fouler than heart can think thee, thou canst make No excuse current, but to hang thyself. Glou. By such despair, I should accuse myself. Anne. And, by despairing, shouldst thou stand excused ; For doing worthy vengeance on thyself, Which didst unworthy slaughter upon others. Richard III., Act i. Sc. 2. Launce. Thou shalt never get such a secret from me but by a parable. Speed. 'Tis well that I get it so. But, Launce, how sayest thou, that my master is become a notable lover ? Launce. I never knew him otherwise. Speed. Than how ? Launce. A notable lubber, as thou reportest him to be. Speed. Why, thou whoreson ass, thou mistakest me. Tv:o Gentlemen of Verona, Act ii. Sc. 5. Ye have a figure by which ye play with a couple of words or names resembling, and because the one seemes to answere th' other by manner cf illusion, and doth, as it were, nick him, I call him the nicknamer. If any other man can give him a fitter English name, I will not be angrie, but I am sure mine is veryneere the originall scnce of Prosonomasia, and is rather a by-name geven in sport, than a surname geven of any earnest purpose. As Tibe- rius the Emperor, because he was a great drinker of wine they called him by way of derision to his own name, 1 LOVER AND LUBBER.' 11 Galdiufl Biberius Mero, insteade of Claudius Tiberius Nero; and so a jesting frier that "wrote against Erasmus, called him by resemblance to bis own name, Erransmus, and are maintained by this figure Prosonomasia, or the nicknamer. But. every name given in jest or by way of a surname, if it do not resemble the true, is not by this figure. Now, when such resemblance happens betweene words of another nature, and not upon men's names, yet doeth the Poet or maker iinde prety sport to play with them in his verse, specially the Comicall Poet and the Epigrammatist. Sir Philip Sidney in a dittie plaide very pretily with these two words, love and live, thus : And all my life I will confesse, The lesse I love, I live the lesse. And we in our Enterlude called the Woer, plaid with these two words, lubber and lover, thus: the countrey clowne came and woed a young maide of the Citie. and beinij agreeved to come so oft, and not to have his answere, said to the old nurse very impatiently : Iche pray you, good mother, tell our young dame. Whence I am come and what is my name ; I cannot come a woing every day. Quoth the nurse : They be lubbers, not lovers, that so used to say. Or as one replyed to his mistresse charging him with some disloyaltie towards her : Trove me, madame, ere ye fall I Mcckc mindes should rather than accusi . Here the words prove and reprove, excuse and accuse, do pleasantly encounter, and (as it were) moek one another by their much resemblance; and this is by the 1-2 SHAKESPEARE ILLUSTRATED. tigure Prosonomasia, as well as if they were men's proper mimes, alluding to each other. — PuTTENHAM, The Arte of English Poesie, Lib. iii. Chap. 19. The reader will perceive that Shakespeare plays with lover and lubber, excuse and ac- cuse, and other words used by Puttenham in illustration of this figure. Dromio E. She is so hot, because the meat is cold; The meat is cold, because you come not home ; You come not home, because you have no stomach ; You have no stomach, having broke your fast. But we that know what 'tis to fast and pray, Are penitent for your default to day. Comedy of Errors, Act i. Sc. 2. Rosalind. For your brother and my sister no sooner met, but they looked ; no sooner looked, but they loved ; no sooner loved, but they sighed ; no sooner sighed, but they asked one another the reason ; no sooner knew the reason, but they sought the remedy : and in these degrees have they made a pair of stairs to marriage, which they will climb incontinent, or else be incontinent before mar- riage : they are in the very wrath of love, and they will together; clubs cannot part them. — Act v. Sc. 2. Ye have a figure which, as well by his Greeke and Latine originals, and also by allusion to the maner of a man's gate, or going, may be called the marching figure, for after the first steppe all the rest proceede by double i he space ; and so in our speech, one word proceeds doable to the first that was spoken, and goeth, as it were, by strides or paces. It may as well be called the ch/mimg ' STAIRS TO MARRIAGE.' 13 figure, for clynmx is as much to say as a ladder, as in one of our epitaphes, shewing how a verymeane man, by his wifldome and good fortune, came to great estate and dignitic : His vcrtue made him wise, his wisedome brought him wealth ; His wealth won many friends, his friends made much supply : Of aides in wcale and woe, in sicknesse and in health, Thus came he from a low to sit in seat so hye. Or, as Ihean de Mehune, the French poet : Peace makes plcntie, plentie makes pride; Pride breeds quarrell, and quarrel brings warre ; Warre brings spoile, and spoile povertie; Povertie pacience, and pacience peace : So peace brings warre, and warre brings peace. Puttenham, The Arte of English 1'oesie, Lib. iii. 19. In these passages Shakespeare may refer to Clymax, or the marching figure. Rosalind makes ' one word proceed double to the first that was spoken,' thus — ' Your brother and my sister no sooner met, but they looked; no sooner looked, but they loved; no sooner loved, but they sighed ; no sooner sighed, but they asked one another the reason; no sooner knew the reason, but they sought the remedy;' and she says besides, ' in these degrees have they made a pair of stairs to marriage which they will climb] 1 and Puttenham says, 'It maybe 14 SHAKESPEARE ILLUSTRATED. called the clyming figure, for clymax is as much as to say as a ladder,' &c. Tratno. Mi perdonate, gentle master mine, I am in all affected as yourself ; Glad that you thus continue your resolve To suck the sweets of sweet philosophy. Only, good master, while w r e do admire This virtue and this moral discipline, Let 's be no stoicks, nor no stocks, I pray ; Or so devote to Aristotle's checks, As Ovid be an outcast quite abjured : Talk logic with acquaintance that you have, And practise rhetoric in your common talk ; Music and poesy use to quicken you ; The mathematics, and the metaphysics, Fall to them as you find your stomach serves you : No profit grows, where is no pleasure ta'en ; — In brief, sir, study wdiat you most affect. Taming the Shreiv, Act i. Sc. 1. Qaittr) F av tovto ko.1 ck rov avi'oji-tiiJjoOat tGiv fjcovwr Katrrijv ty\ tyepyelq. f/v reXstoi. trvyav^ei yap ti)v ki'ipyeiav i] OLKtia liCuri}' judAXov yap ecaora Kpivovai ical iiaicpifiiwoiv oi fittf 1 ijdoptjc erEpyovvrec, oiov yetofierpiKOi yivovrai ol x a '~ povTtQ rw yeuperpeli', k~al KUTat'oovaiv tKuaru jiaXXov, Ofxoiwg 3t Kal ol (hiXopovcjot Kal (f>i.\oiKOCop.ot. Knl tQv u\\u)v iKnarot eirtciCoamv elg to oikbiop kpyov y^upovTtq avrui. avvavt^ovai Zi. al rjcovai, to. Cf ovvav£,ovTa o'iKela. Aristotle, Eth. Nicom. X. v. 2. Tranio, having mentioned Aristotle's checks, logic, rhetoric, music and poesy, mathematics and metaphysics, says : 'aristotle's checks." 15 Fall t<> them as yon find your stomach serves you : No profit grows, where is no pleasure lii'cn ; — In brief, sir, study what you most affect. And the reader will perceive thai Aristotle in his Ethics says, that those taking pleasure in geometry become geometricians, and perceive each thing better; and that those loving the muses. &c, progress because they take pleasure in the occupation. Bastard. And why rail I on this Commodity ? But for because he hath not woo'd me yet : Not that I have the power to clutch my hand, When his lair angels would salute my palm : But for my hand, as unattempted yet, Like a poor beggar, raileth on the rich. Well, whiles 1 am a beggar, I will rail, And say — there is no sin, but to be rich. King John, Act ii. Sc. 1. Our gold is either old or new. The old is that which hath remained since the time of King Edward the Third, or beene coined by such other princes as have reigned since his decease, and without anie abasing or diminution of the finesse of that mettall. Thereof also we have yet remaining, the' riall, the George noble, the Henrie riall, the salut, the angell, and their small peeces as halfes, or quarters, though these in my time are not so common to be scene. — Holinshbd, The Description <>/ England, Second Booke, cap. 25. Salute, salus, was a coyn of gold stamped by King Henry the Fifth in France, after his conquests there: 16 SHAKESPEARE ILLUSTRATED. whereon the arms of England and France were stamped quarterly. — Stow's Chron. p. 589. I think that Shakespeare pLoys upon the word salute in this passage, using it in a double sense in connection with the word angel, and I am able to cpiote a passage from Beaumont and Fletcher, in which the word salute is also played upon in a similar way : Morecraft. My notable, dear friend, and worth}* Master Loveless, and now right worshipful, all joy and welcome ! Young Loveless. Thanks to my dear incloser Master. Morecraft. Pr'ythee, old angel-gold, salute my family, I'll do as much for yours. The Scornful Lady, Act ii. Sc. 3. Young Loveless evidently plays upon the word salute, using it in connection with the word angel-gold : he also speaks of old angel- gold ; and Holinshed, who wrote in Shake- speare's time, speaking of old gold coins, says, ' we have yet remaining, the riall, the George noble, the Henrie riall, the salut, the angell.' Chief Justice. You follow the young prince up and down, like his ill angel. Falstaff. Not so, my lord ; your ill angel is light ; but, I hope, he that looks upon me, will take me without weighing : and yet, in some respects, I grant, I cannot go : I cannot tell. 2 Uenrg IV., Act i. Sc. 2. • AXGEL AND SALUTE. 17 Falstaff, referring to his irreat weight, says, in effect, ' I am not his ill angel, because your ill angel is light ; but he that looks upon me, will take me without weighing.' Altliouirh in ' Bang John ' the word ' rail ' is used immediately after the words salute and angel, it may be considered very doubtfnl whether Shakespeare there plays upon that word, although he often uses, in a double sense, words which do not differ more from each other in sound and meaning than the words 'rail ' and 'rial.' Troieus. 0, 'tis the curse in love, and still approved, When women cannot love "where- they're beloved. Two Gentlemen of Verona, Act v. Sc. 4. Helena. What though I be not so in graco as you, So hung upon with love, so fortunate ; But miserable most, to love imloved ? This you should pity, rather than despise. Midsummer Night's Dream, Act hi. Sc. 2. tv ce rj) tpiiiTtKrj IvIote fttv u Epaorfa eyKaXei un v-epyiXwy OUK UlTlQlXl ('(((. Aristotle, Eth. Nio m. IX. i. 2. \u\f7TU)- 71) ft)) CXr)V such knight's service before his age of twenty-one years. And also if such heir be not married at the time el' the death of his ancestor, then the lord shall have the wardship andmar- riage of him. — Ltttlbton's T&wres, Sec. 103. Wardship was abolished bythe 12th Car. II. cap. _ 1. The first Capulet says it cannot be so much as thirty years since they were in a mask at the nuptial of Lucontio, but some five and twenty 3 cars, because Lucentio's son was a ward two years ago. The period of wardship lasted until the ward attained twenty-one years of age ; the two years since Lucentio's son was a ward and twenty-one years make twenty-three years. Thus, the age of Lucentio's son, accord- ing to the first Capulet's method of computa- tion, was twenty-three years, and then the ordinary period of gestation, and the period between the time when the Capulets were speaking and Pentecost, might make up ' some live and twenty years.' 20 SHAKESPEARE ILLUSTRATED. Hamlet. There is a play to-night before the king ; One scene of it comes near the circumstance, Which I have told thee of my father's death. I pr'ythee, when thou seest that act afoot, Even with the very comment of thy soul Observe my uncle : if his occulted guilt Do not itself unkennel in one speech, It is a damned ghost that we have seen ; And my imaginations are as foul As Vulcan's stithy. Act iii. Sc. 2. All the ancient authors, of old time defined murder to be occulta hominis occisio, &c, when it was done in secret, so as the offender was not known ; but now it is taken in a larger sense. — Coke, 3 Instit. cap. 7. Hamlet, who knew how his father had been poisoned by Claudius, speaks of his uncle's occulted guilt, and Fleta says : Traditores : qui alicui occulte venenum praebuerint unde expiravit, et inde convincantur, detractentur et suspendantur. — Lib. i. c. 35. An ordinary is a handsome house, where every day, about the hour of twelve, a good dinner is prepared by way of ordinary, composed of variety of dishes, in season, well drest, with all other accommodations fit for that purpose ; whereby many gentlemen of great estates and good repute make this place their resort, who after dinner play a while for recreation, both moderately and commonly, without deserving reproof. But here is the mischief: the best wheat will have tares growing amongst it ; rooks and daws will sometimes be in the company of pigeons ; nor can real gentlemen now-a-days so se- 'HECTORS AND LIFTERS.' '21 cludo themselves from the society of such as arc pre- tendly so, but that they oftentimes mix company, being much of the same colour and feather, and by the eye undistinguishable. The day being shut in, you may properly compare this place to those countries which lye far in tlie North, where it is as clear at midnight as at noonday ; and though it is a house of sin, yet you cannot call it a house of darkness, for the candles never go out till morning, unless the sudden fury of a losing gamester make them extinct. Pcmdarus. Why, he is very yonng : and yet will he, within three pound, lift as much as his brother Hector. Cressida. Is he so young a man, and so old a lifter ? Troilus and Cressida, Act i. Sc. 2. This is the time (when ravenous beasts usually seek for prey) wherein comes shoals of Huffs, Hectors, Setters, Gilts, Pads, Biters, Divers, Lifters, Filers, Budgies, Droppers, Crossbyters, &c, and these may all pass under the general and common appellation of Rooks ; and in this particular, an ordinary serves as a nursery for Tyburn : for if any one "will put himself to the trouble of observation, he shall find that there is seldom a year wherein there are not some of this gang hung as pre- cious jewels in the ear of Tyburn. Look back and yon will find a great many gone already; God knows how many arc to follow. Hectors and lifters, according to this old author, passed under the general and common appellation of rooks. Cressida evidently plays upon the word ' lifter ; ' and it may be con- 22 SHAKESPEARE ILLUSTRATED. sidered probable that Pandarus also uses the word ' hector ' in a double sense. These Rooks are in continual motion, walking from one table to another, till they can discover some un- experienced young gentleman, casheer or apprentice, that is come to this school of virtue, being unskilled in the quibbles and devices there practised; these they call Lambs, or Colls. Then do the Rooks (more properly called "Wolves) strive "who shall fasten on him first, following him close and enQ-ao-ina; him in some advan- tageous Bets, and at length worries him, that is, gets all his money, and then the Rooks (Rogues I should have said) laugh and grin, saying, the Lamb is bitten. TSndba/rbus. The itch of his affection should not then Have mcJc'd his captainship. Antony and Cleopatra, Act iii. Sc. 6. But that which will most provoke (in my opinion) any man's rage to a just satisfaction, is their throwing many times at a good sum with a dry fist (as they call it) ; that is, if they nick you, 'tis theirs ; if they lose, they owe you so much, with many other quillets. Perhaps the word nick, used by this old author, and by Shakespeare, in this passage, may be correctly derived from the Greek verb vixam (Wxij), to conquer, to prevail over, to get the upper hand, &c. If you wick them, 'tis odds if they wait not your coming out at night and beat you. I could produce you an hundred examples in this kind, but they will rarely adventure on the attempt, unless they are backt • BULLY ROOK AND BULLY HECTOR.' 23 with some Bully-Huffs and Bully-Books, with others whose fortunes arc as desperate as their own. FaUtaff. Mine host of the garter ! J I ■7 Not much unlike the wondrer have ye another figure, called tlie doubtfull, because oftentimes we will seeme to cast perils, and make doubt of things, when by a plaine manner of speech we might affirme or deny him, as thus of a cruell mother who murdred her owne child : Whether the cruell mother were more to blame, Or the shrewd childe come of so curst a dame ; Or whether some smatch of the father's blood, Whose kiunc were never kinde, nor never good, Mooved her thereto, etc.' The Arte of English Poesie, Lib. hi. Chap. 19. Queen Margaret. Butchers and villains, bloodv canni- bals ! How sweet a plant have you untimely cropp'd ! You have no children^ butchers ! if you hail, The thought of them would have stirr'd up remorse ! 3 Hermj VI, Act v. Sc. 5. Macd. My children too ? Eosse. Wife, children, servants, all That could be found. Macd. And I must be from thence ! Aly wife kill'd too ? Bosse. I have said. Mai. Be comforted : Let's make us med'eines of our great revenge, To cure this deadly grief. Macd. Ue has no children. Macbeth, Act iv. Sc. 3. irpoaTwrre 8' oiKrpug roucS' 'QcuaaiwQ yuvv. rat nub . tx £l C ^ Trpi'ifacrtv tan yap r&Kva rut 7w8e, tijv aijv wot iiroucreipcn rv\riv. 341. Euripides, EKABH. c 2 28 SIIAKESPEAEE ILLUSTRATED. Hostess. A' made a finer end and went away an it had been any christom child. Henry V., Act ii. Sc. 3. Here is to be noted, as for the intent of things afore- said, as for those that follow, the which in this solemnity of exorcism, or of conjuration of the devil ; some things they make in operation without all only, the which things are not in the soul materially. But they betoken things spiritual, as in putting the salt in the mouth of the child, the putting of the spittle of the priest in his nostrils and in his ears, he making the cross with the holy oil in the breast and between the shoulders. Also, after the baptism, he maketh the cross with the holy creme upon the child's head ; he putteth on him after- wards the white robe, the which is called the crysome. The Ordynarye of Orysten Men. Enprynted in the C} r te of London, in the Fleete Strete, in the sygne of ye Sonne, by Wynkynde de Worde, ye yere of our lord JV1CCCCCTJ. Sicinms. It is a mind, That shall remain a poison where it is, Not poison any farther. Goriolarms. Shall remain! — Hear you this Triton of the minnows ? mark you His absolute shall ? Gominius. 'Twas from the canon. Coriolanus. Shall O good, but most unwise patricians ! why, You grave, but reckless senators, have you thus Given Hydra here to choose an officer, That with his peremptory shall, being but The horn and noise o' the monsters, wants not spirit To say, he'll turn your current in a ditch, And make your channel his ? Ckrlolamis, Act iii. Sc. 1. triton's shell. — ostracism. lit The contrast between Triton, the son of Neptune and Amphitrite, and the minnows, which are very small fish, is apparent ; and, although it maybe truly said that Triton, as a deity of the sea, would rule over the minnows with his ' absolute ' or ' peremptory ' shall, which Coriolanus calls 'the horn and noise <>' the monster,' yet, when it is remembered that Triton used to announce the approach of Nep- tune by blowing his horn, which was a large conch, or sea-shell, it may be considered pro- bable that Shakespeare plays upon the word 'shall' in this passage, using it in a double sense ; for the words ' shall ' and ' shell ' do n< >t differ more from each other in sound than the words ' sheep ' and ' ship,' which Speed plays upon in the ' Two Gentlemen of Verona,' Act i. Sc. 1 ; and it may also be considered probable that Shakespeare, further on in the same passage, plays upon the word shall, using it again in a double sense : They choose their magistrate ; And such a one as lie, who puts liis shall, His popular shall, againsl a graver bench Than ever frown'd in Greece ! For the reader will perceive that Coriolanus speaks of ' such a one as he, who puts his shall 30 SHAKESPEARE ILLUSTRATED. against a graver bench than ever frown'd in Greece ;' and Shakespeare, using the word shall in a double sense, may refer to the practice in ancient Greece of banishing persons considered dangerous to the state by ostracism, oarrpaxia-^og^ where the votes were given by shells, oo-rpaxa, each man marking upon his oo-rpaxov, or his shell, the name of the person he would have banished. Silius. Noble Ventidins, Whilst yet with Parthian blood thy sivord is warm, The fugitive Parthians follow. Antony and Cleopatra, Act hi. Sc. 1. aXXa ol avdi XvtTE fiu'oc, TrXfj^ac lityEi avyiva Ku>iv)]evTi. nav F vTreOepj-iavdr) iifyoQ alfiart. 331. Homer, IAIAA02 n'. o 2' 'Ay»'/)'opoc viuv ' E^eatXov iikaai\v K(iKKfog eu/iart. 476. Homer, IAIAA02 Y'. Touch. Nay, if I keep not my rani- — Ros. Thou losest thy old smell. As You Like It, Act i. Sc. 2. Certes the making of new gentlemen bred great strife sometimes amongst the Romans ; I meane when those which were Novi homines were more allowed of for their vertues newlie seene and shewed, than the old smell "/ancient race latelie defaced by the cowardise and PUTTEXIIAM. 31 evill life of their nepbues and defendants could make the others to be. — Homnshed, The Description of England, chap, 5. Nurse. I saw the wound, I saw it with mine eyes, — God save the mark ! — here on his manly breast. Romeo and Juliet, Act iii. Sc. "-'. Fal. Pistol !— Pist. lie hears tcith ears. Eva. The tevil and his tarn ! what phrase is this, lie hears with ear ? Why, it is affectations. Fal. Pistol, did you pick master Slender's purse ? Merry Wwes of Windsor, Act i. Sc. 1. Shakespeare, in these passages, probably re- fers to ' the vice of surplusage,' thus described by Puttenham : — Also the poet or maker's speech becomes viscious and unpleasant by nothing more than by using too much surplusage: and this lieth not only in a word or two more than ordinary, but in whole clauses, and perad- venture large sentences impertinently spoken, or with more labour and curiositie than is requisite. The first surplusage the Greekes call Pleonasmus, I call him too full speech and is no great fault, as if one should say, Ihea/rd it with mine ears, and bom if with mine eyes, as if a man could hcare with his heeles or see with his nose. We ourselves used this superfluous speech in a verse written of our mistrease, nevertheles, not much to be mislikud, for even a vice sometime being seasonably used, hath a prctie grace : For ever may my time love live and never die, And that mine eyes may see her crownde a Queenc. 32 SHAKESPEARE ILLUSTRATED. As, if she lived ever, she could ever die, or that one might see her crowned without eyes. — The Arte of English Poesie, Lib. hi. chap. 22. Horatio. A mote it is to trouble the mind's eye. In the most high and palmy state of Rome, A little ere the mightiest Julius fell, The graves stood tenantless, and the sheeted dead Did squeak and gibber in the Roman streets : As stars with trains of fire and cleics of blood, Disasters in the sun ; and the moist star Upon whose influence Neptune's empire stands Was sick almost to doomsday with eclipse : And even the like precurse of fierce events, As harbingers preceding still the fates And prologue to the omen coming on, Have heaven and earth together demonstrated Unto our climatures and countrymen. Hamlet, Act i. Sc. 1. t--i]£c c' 6\iyov nETEKiaQoV ev re Kvcotfiov wjhte Kaicbv Kpnvictic, Kuril v\podtv i'ikev lipfjaq aifxari fivtaXiac i£ aidifXtc. 54. Homer, IAIAAOS A. ( '' iJKovaty Vfiag xpiirri/jiov ; XOPOS. ttuiq c av ole rifids ti ypf/aifiOP {.uuttuiv ttote, i\ / yap evXujjeta <7w£fi iravra' napa jjev ovv i\u>v, iKwove'iv 0' v\pT]\a ret-^T] vavr re kiktTjuQui fxanpag. to ce ^aOrifia tovto aw^ei xa'tcag, oikov, yj^ifxara. X0P02. Irj-i [sty \6ywv a.Kov irpiv ei^ofitv' yupa ce rpojjiFpa yv'ia Ku^iavpov aOivoQ. ei i}v j'tof rt kuti aa>/j.aTO<; Kparcov, Xafiwv av ey\OQ rovle. toiiq £arQove ttXokovq Kadrifjaroitr' &v, war ArXavTiKdv iripa (ptvytw opujf av (tiXia rovfxoi' Copy. 235. Euripides, HPAKAHS MAINOMENOH. Amphitryon, Lear, Othello, and Shallow, all speak of what they would have done, had they not been old. 'THE VENICE GLASSE8.' 37 Host. By this In a\ enly ground I tread on, I must be fain to pawn both my plate, and the tapestry of my dining-chambers. Fal. Glasses, glasses, is the only drinking. ****** Host. Pray thee, Sir John, let it be but twenty nobles: V faith I am loath to pawn my plate, in good earnest, la. 2 Hi my IV., Act ii. Sc. i. It is a world to see in these our days, wherein gold and silver mosl aboundeth, how that our gentilitie, as loathing those mettals (because of the plentie), do now generallic choose rather the Venice glasses both for our wine and beere, than anie of those mettals or stone wherein before time we have beene accustomed to drinke, bul Buch is the nature of man generallie, that he most coveteth things difficult to be atteined; and such is the estimation of this stnfl'e, that manie become rich onelie with their new trade unto Murana (a towne neere to Venice, situat on the Adriatike Bea), from whence the verie best are dailie to be had, and sueh as for beautie do well neere match the christall, or the ancient Murrhina vasa, whereof now no man hath know- ledge. And as this is seene in the gentilitie, so in the wealthie communalitie the like desire of glasse is not Lected, whereby the gaine gotten by their purchase is yet much more increased, to the benefit of the mer- chant. The poorest also will have glasse if they may, but sith the Venecian is Bomewhat too deere for them, they e. m(cnt themselves with BUch as are made at home of ferme and burned stone, but in fine all go one waie, that is to shards at last, so that our greal expenses in glasses (beside that they breed much strife toward such as have the charge of them) are worst of all bestowed in, mine opinion, because their peeces do turn to no profit. — HolhtsheDj The Description of England. 38 SHAKESPEARE ILLUSTRATED. First Priest. Her obsequies have been as far enlarged As we have warrantise : her death was doubtful, And, but that great command o'ersways the order, She should in ground unsanctified have lodged Till the last trumpet ; for charitable prayers, Shards, flints, and pebbles should be thrown on her : Yet here she is allow'd her virgin crants, Her maiden strewments and the bringing home Of bell and burial. Samlet, Act v. Sc. 1. I think the glasses mentioned by Falstaff are the Venice glasses which Holinshed here speaks of. The Hostess says, ' I must be fain to pawn my plate,' &c. ; but Falstaff makes this consolatory answer, ' Glasses, glasses, is the only drinking;' and Holinshed, who wrote in Shakespeare's time, says : In these our days, wherein gold and silver most abound- eth, our gentilitie, as loathing those mettals (because of their pleutie), do now generallie choose rather Venice glasses both for our wine and beere. Weary with toil, I haste me to my bed, The dear repose for limbs with travel tired ; But then begins a journey in my head, To work my mind, when body's works expired. Sonnet xxvii. rifinra jiev yitp Tip-trap ocvpofxivtf, yooojcra, tr t efih ipy bpoiaoa km dp(j> nroXwu iii oiw iivrup etzIiv Wl, i\(hi, tXrjrji re koItoq airuvTac, L PEINE FORTE ET DURE.' 39 Ktlfiai til XfKTfiu), TrvKival < i pot uficf aoivov tcfjp Os£t(it fjiXiCuiyai ocuf)Ojxivr)v epidovoiv. 519. Humkk. 0AY22EIAS T . Qn 0, I am press'd to death, Through want of speaking ! Richard II., Act iii. Sc. 4. Pandarw. Amen. "Whereupon I will show you a chamber with a lied : which bed, because it shall not speak of your pretty encounters, press it to death : away ! — Troilu8 ni'il Cressida, Act iii. Sc. 2. Shakespeare in these passages probably refers to peine forte et dure, a punishment inflicted on those who, being arraigned of felony, and re- fusing to put themselves upon the ordinary trial of ' God and the country,' were by the interpretation of law considered to be mute. This peine forte et dure wa9 vulgarly called pressing to death. The judgment [says Coke] is that the man or woman shall bo remanded to the prison, and laid there in some low and dark house, where they shall He naked on the bare earth without any litter, rushes, or other clothing, and without any garment about them, and that they shall lie upon their backs, their heads uncovered and their feet, and one arm shall be drawn to one quarter of the house with a cord, and the other arm to another quarter, and in (lie same manner shall be dune with their leu r s, and there shad lie laid upon their bodies iron and stone, so much as they may bear, and more, and the next day following they shall have three morsels of barley bread without any drink, and the second day they shall drink 40 SHAKESPEARE ILLUSTRATED. thrice of tlie water that is next to the house of the prison (except running water) without any bread, and this shall be their diet until they be dead. — 2. List. 178. Wood, in his 'Institute' (second edition, page 633), says: If one arraigned of Petit Treason or Felony stands mute, or answers nothing at all, it shall be enquired whether he stands mute on purpose, or whether he is dumb. If he stands mute out of stubbornness, or if he hath cut out his tongue, or he does not plead directly, or does not put himself upon a trial by the country if a commoner, or if a peer by God and his peers, after he has pleaded not guilty, he shall be put to the penance tfeme forte et dure, with forfeiture of goods. But before the judgment passes the Court orders his thumbs to be tied together with whipcord, and to be drawn together by the whole strength of two men, to give the criminal a taste of his pain to be endured, if he will not then comply. This [continues Wood] is the practice at New- gate Sessions. This punishment was common long before, during, and after Shakespeare's time, and it is reasonable to suppose that any allusion to ' pressing to death ' would be well understood by the audiences of the ' Globe.' The Queen and Pandarus seem to refer not only to this punishment, but also to its cause — namely, ' re- fusing to speak,' or ' standing mute,' or, to use the Queen's own words, ' want of speaking.' TOTTENHAM. 41 ' Westmon land. There is no need of any such redress ; Or, if there were, it not belongs to you. * # # # * Set, for your part it iwt a/ppt a/ra to me. •2 Henry TV., Act iv. Sc. 1. Prospero. Ye elves of hills, brooks, standing lakes, and groves ; And ye, that on the sands with printless foot Do chase the ebbing Neptune, and do fly him When he comes hack; you deini-puppcts, that By moonshine do the green-sour ringlets make, Whereof the ewe not bites. Tempest, Act v. Sc. 1. Your misplacing and preposterous placing is not all one in behaviour of language, for the misplacing is alw ies intollerable, but the preposterous is a pardonable fault, and many times gives a pretie grace unto the speech. We call it by a common saying, to set the cart before the horse, and it may be done, eyther by a single word or by a clause of speech. By a single word thus : And if 1 not performe, God let me never thrive ; for performe not: and this vice is sometimes tollerable inouLih, but it' the word carry any notable sence, it is a vice not tollerable, as he that said, prasing a woman for her red lippes, thus : A corall lippe of hew. Which is no good speech, because either he should have sayd no more but a corrall lip, which had bene inough to declare the rednesse, or els he should have said, a lip of* corrall hew, and not a corall lip of hew. Now if this disorder be in a whole clause which carieth more sentence then a word, it is then worst of all. — Pun miam, The Arte j /.'.■ glisli Poesie, Lib. iii. Chap. 22.* * Not enriches, Othello, Act iii. Sc. 3. Not respects, Cymbeline, Act i. Sc. 7. 42 SIIAKESPEARE ILLUSTRATED. O, how her eyes and tears did lend and borrow ! Her eyes seen in the tears, tears in her eye ; Both crystals, where they view'd each other's sorrow, Sorrow that friendly sighs sought still to dry ; But like a stormy day, now wind, now rain, Sighs dry her cheeks, tears make them wet again. Venus and Adorns, clxi. His drumming heart cheers up his burning eye, His eye commends the leading to Ms hand ; His hand, as proud of such a dignity, Smoking with pride, march'd on to make his stand On her bare breast, the heart of all her land : Whose ranks of blue veins, as his hand did scale, Left their round turrets destitute and pale. Lucrece, lxiii. Ye have another sort of repetition when with the worde by which you finish your verse, ye beginne the next verse with the same, as thus : Comforte it is for man to have a wife, Wife chast, and wise, and lowly all her life. Or thus : Tour beutie was the cause of my first love, Love while I live, that I may sore repent. The Greeks call this figure Anadiplosis ; I call him the Redouble, as the originall beares. — PurrEXimi, The Arte of English Poesie, Lib. hi. Chap. 19. Ill these passages, Shakespeare with the word with which he finishes a verse, begins the next. Mrs. Ford. Nay, by the mass, that he did not ; he beat him most unpitifully, methought. MASS AND CUDGEL. 43 Mrs. Page. I'll have the cudgel hallowed, and hung o'er the altar ; it hath done meritorious service. Merry Wives, Act iv. Sc. 2. 2>ul Clown, TYIio builds stronger than a mason, a ship- wright, or a carpenter ? 1st Clown. Ay, tell me that, and unyoke. 2nd Clown. Marry, now I can tell. 1st Clown. To't. 2nd Clown. Mass, I cannot tell. 1st Clown. Cudgel thy brains no more about it ; for your dull ass will not mend his pace with beating. llamlet, Act v. Sc. 1. Cudgel : derived from theWelsh cogel ; from cog, a mass, lump, or short piece of wood. Mass : derived from the Saxon maesa y maesse ; French messe; German and Danish messe. The word mass so derived signifies primarily leisure, or rest from labour: now, the service of the Romish Church; the office or prayers used at the celebration of the eucharist ; the consecration of the bread and wine. Mass derived from the French masse signifies a mass, heap, a mace or club. Portuguese maqa, dough and mace ; Spanish masa, dough, mortar, a mass, and maza, a club, a mace; maze, a mallet; Italian massa, a heap, and mazza, a maze. These words are supposed to belong to the root of the Greek /x.ao-, to 44 SHAKESPEARE ILLUSTRATED. beat or pound, the root of which is [xmy : hence the connection between mass and mace, a club. Shakespeare, in these passages, may play upon the words mass and cudgel, using them in connection with each other: because the word cogel, from which cudgel is derived, sig- nifies a mass or lump. Thus, cudgel suggested the meaning of the word from which it is de- rived, namely, ' mass ' or lump ; and this word ' mass,' which is the meaning ofcogel, suggested the Mass by which men swore. Gomiyiius. I tell you, lie does sit in gold, his eye Red as 'twould burn Rome ; and his injury The gaoler to his pity. Coriolanus, Act v. Sc. 1. Coriolanus. I sometime lay, here in Corioli, At a poor man's house ; he used me kindly : He cried to me ; I saw him prisoner ; But then Aufidius was within my view, And wrath o'erwhehn'd my pity. Act i. Sc. 9. Duke. Merchant of Syracusa, plead no more ; I am not partial to infringe our laws : The enmity and discord, which of late Sprung from the rancorous outrage of your duke To merchants, our well-dealing countrymen, — Who, wanting gilders to redeem their lives, Have seal'd his rigorous statutes with their bloods,- Excludes all pity from our threat'ning looks. Comedy of Errors, Act i. Sc. 1. AEISTOTLE. 45 Ken iui'ite iv diCfniac irdQti ovrtQ' o'wv iv opyfj, 7) ddppei. dXoytora yap rov iaottivov ravza' yj»'/r iv vppioriXQ (ia- tiiott' Ka\ yap uiiroi dXoyiaroi rov ireitTtrrOai ti' a\\ 01 fitrroc aKOvaai. KOiviovelv yap ttcivtuc (pi'irxo) j^prjvai TravTwv fieri^ovraQ, cue ravrov i^ijy, ical /jirj tov fisv wAoi/rcii', tov o iiOXtov tivai, price yewpye'iv tov [xiv 7roXXrjv rw 3' eivai juries ratyrjvai, urjcT (\v?pa7r6hoiQ tov fitv ^prjadai ttoXXoIc, tov e>' oho ukoXovOo)' «\\' 'iva 7roiw koivov airaoiv ftlorov Kal tovtov ofjoiov. BAEnYPOS. ttwc ovv Karat koivoq cnraviv ; nPASArOPA. KUTECEl TTtXedoy TtpOTtpOC flOV. BAEnYPOS. Kai twv tteXIQwv koivwvovuev ; nPA^ArOPA. fia Ai", aXX' uIjOtjc fJ.' inroKpovaac. toutk yap i'ljjLiXXoy tyw \eittV ti)v yfjv 7rpwrt(7Ta T70ii]au\ KOivnv iravThiV ical Titpyvptov icai tuXX ottoct taTiv ttcucrrw. tlr CL-U TOVTiaV KOIVVOV OVTIOP 7]UE~IQ j3o(TKt)lTOfiEV VfXCig rauievofievai, ical ^etSo/icrat, cat tt)v yt wfirjv irpoaiyjwoai. BAEnYPOS. ■kwq ovy ottic fir] KCKrijrat yi]v T]fiwv, dpyvpiov Ik Ktti dapeiKOvg, dfavfi ttXovtov; ARISTOPHANES. 58 nr .\i.vn»i'A. tovt eq tv piaov Karadi'iaei. BAEHYP02. ku« /.it] xaruQelc \l/tvlopK>i(TEi. Ka.KTi]'i(Tu> -^pipai ttcivtwv ^uriyovraq. ti)v yT\v -npioTiUTa iroiiiaio Koutjv iravrwv xai rdpyvpiov kui raW oirva iariv E/caorw. There shall be in England seven halfpenny loaves sold for a penny. iravra yap t£ovoiv inrai'TEe, iiprovQ. No marrying among Lis subjects ? Xonc, man ; all idle : whores and kna'- i wa v.«-t.i 1 ^t v ,^ 54 SHAKESPEARE ILLUSTRATED. BAEI1YP02. »7»' uelpaK icwp kiriBvfxiiay *co! pouXijrcu t\u)P covvai, tu>v Ik koivuv ce fiede^ei ivyKnracapQiov. nPASAroPA. d\X it,itrrai irpoiK airw Huy/caraBapQeTv. icai ruvrag yap kowciq ttoiH) toiq dvcpaai avyKaratcEiadaL kui iraiooTToiilv rj3 lJov\o^it'a>. G15. EKKAH2IAZ0Y2AI. Nature should bring forth, Of its own kind, all foison, all alicndance. nPASAroPA. a'AA' ovt: 'iiJTCU rovro nap' r)p~iv. ■nasi yap a(f>dova Tvuvra izupi^o^ev. 690. Mrs. Page. Here comes little Robin. [Enter Robin. Mrs. Ford. How now, my eyas-musket? what news with you ? Merry Wives of Windsor, Act hi. Sc. 3. Ham. How comes it ? do they grow rusty ? Bos. Nay, their endeavour keeps in the wonted pace : but there is, sir, an aery of children, little eyases, that cry out on the top of question, and are most tyrannically clapped for 't : these are now the fashion, and so berattle the common stages — so they call them — that many wearing rapiers are afraid of goose-quills, and dare scarce come thither. Hamlet, Act ii. Sc. 2. Names are bestowed on a falcon according to her age or taking. The first is an eyess, which name lasts as long as she is in the eyrie. These are very troublesome in their THE LITTLE EYASES. 55 feeding, do cry very much, and are difficultly entred: but being well entred and quarried, prove excellent hawks for the hern, river, or any sort of fowl, and are hardy and full of mettle. — The Gentleman's I 'ion. Horatio. Now, sir, young Fortinbras, Of unimproved mettle hoi and full, Hatb in the skirts of Norway here and there Shark'd up a list of lawless resolutes, For food and diet, to some enterprise That hath a stomach in 't. Hamlet, Act i. Sc. 1. A hawk is said to be entered when lie begins to kill ; and Coininius, speaking of Coriolanus, says : At sixteen years, When Tarquin made a head for Rome, he fought Beyond the mark of others : our then dictator, Whom with all praise I point at, saw him fight, When with his Amazonian chin he drove The bristled lips before him : he bestrid An o'er-pressed Roman, and i' the consul's view Slew three opposers : Tarquin's self he met, And struck him on his knee : in that day's feats, When he might act the woman in the scene, He proved best man i' the field, and for his meed Was brow-bound with the oak. His pupil age Man-entered thus, he waxed like a sea; And, in the brunt of seventeen battles since, He lurched all swords o' the garland. •iolawus, Act ii. Sc. '2. Having reclaimed her, thoroughly manned her, and made her eager and sharp set, then you may venture to feed her on her lure. But before you shew her the oG SHAKESPEARE ILLUSTRATED. lure you must consider these three things : — 1. That she be bold in, and familiar with, company, and noways afraid of dogs and horses. 2. That she be sharp set and hungry, regarding the hour of the morning and evening when you will lure her. 3. And lastly, she must be clean within, and the lure must be well garnished with meat on both sides, and you must abscond yourself when you intend to give her the length of the lease. Having seeled your hawk, fit her with a large easy hood, which you must take off and put on very often, watching her two nights, handling her frequently and gently about the head as aforesaid. When you perceive she hath no aversion to the hood, unseel her in an even- ing, by candle-light ; continue handling her softly, often hooding and unhooding her, until she takes no offence at the hood, and will patiently endure handling. K. Hen. Then, good my lord, teach your cousin to consent to winking. Bwr. I will wink on her to consent, my lord, if yon will teach her to know my meaning : for maids, well summered and warm kept, are like flies at Bartholomew- tide, blind, though they have their eyes ; and then they will endure handlmg, which before would not abide look- ing on. Henry V. Act v. Sc. 2. If your seeled hawk feeds well, abides the hood and handling without striking or biting, then by candle-light in an evening unseel her, and with your finger and s] tittle anoint the place where the seeling- thread was drawn through ; then hood her, and hold her on your fist all night, often hooding, unhooding, and handling her, stroaking her gently about the things and body, giving her sometimes a bit or two, also liring and plumage. — The Gentleman s Recreation. falconers' terms. ~>~ Lecturers get a great deal of money, because fchey preach the people tame; as a man watches a hawk, and then they do what they list with them. — Selden, Table Talk : Lecturers. If you would man her well, you should vatch her all the night, keeping her continually on your list. Yon must bear her continually upon your fist till she be thoroughly manned, causing her to feed in company. "Pandoras. Come, come, what need you blush ? shame's a baby. — Here she is now : swear the oaths now 7 to her, that yon have sworn to me. — What, are yon gone again ? you must be watched ere you be made tame, must you ? — Traili'* and < 'ressida, Act iii. Sc. 2. You must unhood her gently, giving her two or three bits, and putting on her hood again you must give bet- as much more ; and be sure that she is close seeled, and after three or four days lessen her diet : and when you go to bed set her on some pearch by you, that you may awaken her often in the night. This you must do till you observe her grow tame and gentle; and when you find she begins to feed eagerly, then give her a sheep's heart. And now you may begin to unhood her by day- time, but it must be far from company: first giving her a bit or two, then hood her again gently, and give her so much more. Be sure not to affright her with anything when you unhood her. Pet. Thus have I politicly begun my reign, And 'tis my hope to end successfully ; My falcon now is sharp, and passing empty ; And, till she stoop, she must not be full-gorged, For then she never looks upon her lure. Another way 1 have to man my haggard, To make her come, and know her h call. That is, — to watch her, as we watch these kites, d 3 58 SHAKESPEARE ILLUSTRATED. That bate and beat, and will not be obedient. She eat no meat to-day, nor none shall eat ; Last night she slept not, nor to-night she shall not. Taming the Shrew, Act iv. Sc. 1. And when you perceive her to be acquainted with com- pany, and that she is sharp set, unhood her and give her some meat, holding her just against your face and eyes, which will make her less afraid of the countenance of others. Having manned your hawk so that she feeds boldly, acquaint her with your voice, whistle, and such words as falconers use. When she feeds boldly, and knows your voice and whistle, then teach her to know her feeding, and to bate at it in this manner. Shew her some meat with your right hand, crying and luring to her aloud : if she bate or strike at it, then let her quickly and neatly foot it, and feed on it for four or five bits. Sicilius. The holy eagle Stoop'd, as to foot us. Cymbeline, Act v. Sc. 4. Being well reclaimed, let her sit upon a pearch ; but every night keep her on the fist three or four hours, stroaking, hooding, and unhooding, &c, as aforesaid : and this you may do in the day-time, when she hath learned to feed eagerly without fear. — The Gentleman' 's Recreation. Pandarus and Petrucio both refer to the watching and waking in training hawks. Petrucio alludes, also, to one of the things to be considered before you show the hawk her Juliet's unmannd blood. 59 lure, namely, that she must be sharp set and hungry; and Shakespeare refers to the fal- coner's practice of manning hawks by hooding and unhooding them, when he makes Juliet say : Come, civil night, Thou sober-suited matron all iu black, And learn me bow to lose a winning match Play'd for a pair of stainless maidenhoods : Hood my unma/rm'd blood bating- in my cheeks, With thy black mantle ; till strange love, grown bold, Think true love acted simple modesty. Act hi. So 2. Moreover, in one of the extracts I have made from ' The Gentleman's Recreation,' it is said that, in manning a hawk, you must commence hooding and unhooding her by night, and that you may do this in the day- time, when she hath learned to feed without fear; and Juliet asks the night to hood her unmanned blood till strange love, grown bold, think true love acted simple modesty. Gonstahle. By my faith, sir, but it is ; never anybody saw it, but his lackey: 'lis a hooded valour; and, when it appeal's, it will bate. — Henry 1'., Act hi. Sc. 7. The word ' bate ' used by Petrucio, Juliet. and Constable, is a term of art in falconry, thus explained in 'The Gentleman's Recreation' — ' Bate is when a hawk endeavoureth to fly from 60 SHAKESPEARE ILLUSTRATED. the hand or peareh, being tied to either.' So Juliet's unmanned blood flies to her cheeks, as a hawk from the hand or peareh, that is, it is unruly; and Juliet asks the night with her black mantle to hood and thereby subdue her unmanned blood ; she may also wish her cheeks to be concealed, for she elsewhere says : Thou know'st the mask of night is on my face, Else would a maiden blush bepaint my cheek. Act ii. Sc. 2. If Falstaff, in the First Part of Henry IV., Act ii. Scene 3, uses the word ' bate ' as a fal- coner's term — Bardolph, am I not fallen away vilely since this last action ? Do I not bate ? Do I not dwindle ? Why, my skin hangs about me like an old lady's loose gown. I am withered like an old apple John — he must refer, not to the act of bating, but to the effect which it produces upon the body ; for, according to ' The Gentleman's Recreation,' hawks which are ' very great baters are very small eaters ; and a hawk or a man that eats very little, will dwindle.' ALLEGIANCE AND OBEDIEN'CE. 61 Kin 'j John. Our discontented counties do revolt ; Our people quarrel with obedrience; Swearing allegiance, and the love of soul, To stranger blood, to foreign royally. Act v. Sc. 1. Queen Katlierine. Tongues spit then* duties out, and cold hearts freeze Allegiance in them ; their curses now Live where their prayers did; and it's come to pass, Thai t ractable oil is a slave To each incensed will. Henry Till., Act i. Sc. 2. The reader will perceive that Shakespeare uses the terms allegiance and obedience in con- nection with each other; and, according to Coke : As the subject oweth to the king his true and faithful Iigeance and obedience, so the sovereign is to govern and protect his subjects : regere et protegere subditos suos ; so as between the sovereign and subject there is duplex el reciprocum ligamen, (juia sicut subditus regi tenetur ad obc-iliciitiam, ita ivx subdito tenetur ad protectionem ; merito igitur ligeantia dieitur, a ligando, quid continet in Be duplex ligamen. And again : This word Iigeance is well expressed by divers several names or synonyma which we lind in our books. Some- time it is called the obedience or obeysance of the sub- ject to the king, obedientia regi. — Co. Hep. Calvin's Case. 62 SHAKESPEARE ILLUSTRATED. Oswald. Help, ho ! murder ! kelp ! Kent. Strike, you slave ; stand, rogue, stand ; you neat slave, strike. Lear, Act ii. Sc. 2. Kent calls the steward a neat slave, and there was neat land, terra villanorum, which was land let or granted out to yeomanry; therefore it may be considered probable that the word used by Kent is not the adjective ' neat,' Italian netto, French net, Latin nitidus, niteo, to shine, to be clean, fair, or fine, but that Kent uses the substantive ' neat,' derived from the Saxon neat, neten, niten, nyten, which signifies black cattle — beeves, as oxen, heifers, calves and steers. Leontes. Wky,tkat's mybaweock. What, kast smutck'd tky nose ? — Tkey say, it 's a copy out of mine. Come, captain, We must be neat ; not neat, but cleanly, captain : And yet tke steer, tke keifer, and tke calf, Are all call'd neat. Winter's Tale, Act i. Sc. 2. The word 'neat' seems to be used by Leontes in a double sense : we must be ' neat,' that is, clean, trim ; and yet we must not be ' neat,' that is, unclean, like ' the steer, the heifer, and the calf,' or those who tend them. It is evident that Leontes uses the adjective ' neat,' signify- NEAT SLAVE. — DUNGHILL VILLAIN. G3 ing clean, trim, &c, and also the substantive ' neat,' derived from the Saxon, in the sense of unclean, or at least in a sense which implies the condition of which the adjective ' unclean ' is descriptive — a condition common to 'the steer, the heifer, and the calf,' and those who tended them, as tenants of neat land. Because Leontes uses the word ' neat ' in a sense implying the uncleanliness which is common to cattle, or those who tend them, therefore I have thought it probable that Kent may mean, by using the words 'neat slave,' that Oswald, the steward, was like a tenant of neat land, that is, a base, dirty fellow. It may be considered doubtful whether the word ' neat ' used by Kent is the substantive ' neat,' signifying one who was a tenant of neat land ; but if Kent does use that substantive, he probably uses it in an adjective sense, in connection with the word ' slave,' in the same manner as Shakespeare, in 'Henry VI.' Part 2, seems to use the substantive 'dunghill' in an adjective sense, in connection with the word ' villain.' York. r>ase dunghill villain, and mechanical, I'll have thy head for this thy traitor's Bpeech. Act i. Sc. 3. 64 SHAKESPEARE ILLUSTRATED. Bigot. Out, dunghill ! clarest thou brave a nobleman ? King John, Act iv. Sc. 3. Oswald. Out, dunghill ! Lear, Act iv. Sc. 6. Littleton thus describes the villein service to which Shakespeare may allude in these passages : Tenure in villenage is most properly when a vdleiu holdeth of his lord, to whom he is a villein, certain lands or tenements according to the custom of the mannor, or otherwise, at the will of the lord, and to do his lord villein service ; as to carry and re-carry dung of his lord out of the city, or out of his lord's mannor, unto the land of his lord, and to spread the same upon the land, and such like. — Section 172. Rosaline. A jest's prosperity lies in the ear Of him that hears it, never in the tongue Of him that makes it. Love's Labour's Lost, Act v. Sc. 2. Kniroi tywy' bpw rijc twv \eyoi'Th)v ^via/,ieu)Q tovq aKovovraQ to nXtioTov KvplovQ' wc yap «»' vpe'ig aTvoceL,ria(h Kal irpoc SKaorov t-)(r)r evvoiac, ovrwg b Xiyiov ioo^e fpove'iv. —Demosthenes, IIEPI TOY 2TE*ANUY. The Thanes who possessed bocland divided them according to the proportion of their estates into two sorts, inland and outland, INLAND AND OUTLAND. 65 inlantal, inlantale, demesne or inland, to which was opposed dclantal'-land, tenanted or outland. ' Abbat et Conventus Glaston. concesserunt vicario de Suppiwike decimas bladi omnium croftarum tunc existentium, duntaxat qua3 non sunt Inlandtal in tota pa- rochia de Suppiwike, eo quod omnes ha3 crofta3 sunt Delantal.' (Chartular. Abbat. Glaston. M.S. f. 115 b.) 'Inland, Inlandiun, terra Dominicalis, pars manerii Dominica, terra interior ; ' for that which was let out to the tenants was called utland. In the Tes- tament of Brithericus, in Itiner. Cantii, 'tis said thus according to Lambert's interpreta- tion — 'To Ilulfee (I give) the inland or de- means, and to Elfeyth outland or tenancy.' This word is often found in Doomsday. (Cowell.) The inland was that which lay next, or most convenient for, the lord's man- sion-house, as within the view thereof, and therefore they kept that part in their own hands for the support of themselves and their families. The Normans afterwards called these lands terra; dominieales, the demains, or lord's lands. 66 SHAKESPEARE ILLUSTRATED. Orl. Are you native of this place ? Bos. As the coney, that you see dwell where she is kindled. Orl. Tour accent is something finer than you could purchase in so removed a dwelling. Bos. I have been told so of many : but, indeed, an old religious uncle of mine taught me to speak, who was in his youth an inland man : one that knew courtship too well, for there he fell in love. As You Like It, Act iii. Sc. 2. It appears to me reasonable to conclude that there would be more refinement of manners and of speech, or, as Orlando says, of ' accent,' in one who was ' inland ' bred, that is, brought up on the demesnes or demain lands of the lord, and subject necessarily to the influence of whatever degree of refinement there may have been in the society formed by the lord's family, his guests and retainers, than in one who was ' outland ' bred, that is, brought up on land which was not next to the lord's mansion-house, but remote therefrom. I am inclined to think that the word ' removed,' used by Orlando, refers to the ' outland,' be- cause Rosalind immediately afterwards makes use of the word ' inland,' to which it is opposed in meaning, and she says, in effect, ' The reason my accent is something finer than THE TITLE ESQUIRE. 67 could be acquired in so removed a dwelling, as I have been told of many, is this — that an old uncle of mine taught me to speak, who was in his youth an inland man.' If, for the reasons I have stated, it should be considered probable that the tenants of the inland were more refined than the tenants of the outland, it may then also be considered probable that, in course of time, all persons who resembled the tenants of the outland in their want of refinement, were designated by the term ' out- landish,' an adjective which is often applied in England at the present day to those who are rude in manner and in speech. Polonkis. He closes with you in this consequence : ' Good sir,' or so, or ' friend,' or ' gentleman,' According to the phrase or the addition Of man and country. Hamlet, Act ii. Sc. 1. The description of an individual in a legal document as esquire, gentleman, yeoman, &c, is called his addition, and Shakespeare fre- quently uses this word ' addition ' in its legal sense. King. Wliere great additions swell, and virtue none, It is a dropsied honour: good alone Is good, without a name. All's Well that Ends Well, Act ii. Sc. 3. 68 SHAKESPEARE ILLUSTRATED. So Angelo says : Thieves for their robbery have authority, When judges steal themselves. Measure for Measure, Act ii. Sc. 2. It may be said of the addition ' esquire,' that in England there is no title more unwarrant- ably assumed or more indiscriminately applied, So common-hackney'd in the eyes of men, So stale and cheap to vulgar company. Esquire (French ecuyer ; Italian scudiere, from the Latin scutum, a shield ; from the Greek g-xutos, a hide, of which shields were anciently made, and afterwards covered, for in the time of the Anglo-Saxons the shields were covered with leather) signified originally he who attended a knight in time of war and car- ried his shield, whence he was called escuier in French, and scutifer or armiger, that is, armour- bearer, in Latin. So Shakespeare makes Fal- staff say, playing on the word ' night ' : Marry, then, sweet wag, when thou art king, let not us, that are squires of the night's body, be called thieves of the day's beauty ; let us be — Diana's foresters, gentle- men of the shade, minions of the moon. — 1 Henry TV., Act i. Sc. 2. Shot. Sir Hugh, persuade me not ; I will make a Star-chamber matter of it : if he were twenty Sir John Falstaffs, he shall not abuse Robert Shallow, esquire. THE TITLE ESQUIRE. 69 Slen. In the comity of Gloucester, justice of peace ;uk1 ' Coram.' Shal. Ay, cousin Slender, and ' Custalorum.' Slen. Ay, and ' Kato-lorum ' too; and a gentleman bom, master parson; who writes himself ' Armigero,' in any bill, warrant, quittance, or obligation, 'Armigero.' Merry Wires of Windsor, Act i. Sc. 1. Slender speaks of Shallow's right to describe himself armigero in any bill, &c. ; and Mac- beth, in answer to the assurance of the first murderer, 'we are men, my liege,' says: Macb. Ay, in the catalogue ye go for men ; As hounds, and greyhounds, mongrels, spaniels, curs, Shoughs, water-rugs, and demi-wolves, ai'e cleped All by the name of dogs : the valued file 1 'Istinguishes the swift, the slow, the subtle, The house-keeper, the hunter, every one According to the gift which bounteous nature Hath in him closed ; whereby he does receive Particular addition, from the bill That writes them all alike : and so of men. Act iii. Sc. 1. The bill to which Macbeth and Shallow refer may be tin indictment, which is a bill or de- claration of complaint, that is, drawn up and exhibited for some criminal or penal offence, and preferred to the grand jury or inquest of the county, upon whose oaths (taken before proper judges having power to punish or cer- tify the offence) they are to find whether the 70 SnAKESPEARE ILLUSTRATED. complaint in the indictment is true or not. Therein must be set forth {inter alia) the Christian name, surname, and addition of the offender, &c. Armiger, in English, signifies esquire, and perhaps an esquire may be called armiger quasi armigerens, from his bearing arms. Ancient writers and chronologers make men- tion of some who are called armigeri, whose office was to carry the shield of some noble- man. Camden calls them scutiferi, which seems to import as much, and homines ad arma delecti. (Noy's Max.) Custos Botulorum is an officer who has the custody of the rolls and records of the ses- sions of the peace, and also, as some authorities state, of the commission of the peace itself. He is constantly a justice of the peace and quo- rum in the county where his office is kept. Quorum (Latin, ' of whom ') is a word fre- quently used in the commissions of the justices of the peace, as where a commission is directed to five or seven persons, or to any three of them, among whom B. C. and D. E. are said to be of the quorum, because the rest cannot proceed without them. And thence a justice THE TITLE ESQUIRE. 71 of the peace and quorum is one without whom the rest of the judges cannot act in some cases. Second Clown. The crowner hath sat on her and finds it Christian burial. ****** Second Clown. But is this law ? First Chm-ti. Ay, marry is't; crowner' s-quest law. Hamlet, Act v. Sc. 1. Beside these officers afore mentioned, there are sun- drie other in everie countie, as crowncrs, whose dutie is to inquire of such as cerne to their death by violence, to attach and present the plees of the crowne, to make iuquirie of treasure found, &c. There are divers also of the best learned of the law, beside sundrie gentlemen, where the number of lawiers will not suffice (and whose revenues doo amount to above twentie pounds by the yeare), appointed by especiall commission from the prince, to looke unto the good government of his subjects, in the counties where they dwell. Slender. In the county of Gloucester, justice of peace, and 'Coram.' Merry Wives, Act i. Sc. 1. And of these the least skilfull in the law are of the peace, the other both of the peace and quorum, otherwise; called of Oicr and Determiner; so that the first have authoritie onelie to bear, the other to heare and deter- mine such matters as are brought unto their presence. These also direct (heir warrants to the keepers of tin- trades within their limitations, for the sale keeping of such offenders as they shall judge worthie to commit unto their custodic, there to be kept under ward, until the great assises, to the end their causes may be further examined 72 SHAKESPEARE ILLUSTRATED. before the residue of the countie ; and these officers were first devised about the eighteene yeare of Edward the Third, as I have beene informed. — HOLINSHED, The De- scription of England, Chap. 1. The word ' crowner,' used in ' Hamlet,' is, I think, generally supposed to be a corruption of the Clown's, but it is merely the English of the Law Latin coronator, from corona, a crown, winch Holinshed also uses. Slender says, in effect, that Justice Shallow was the most skilful hi the law, because he was not merely justice of peace, but also of the quorum; and Holinshed says, ' the least skilfull in the law are of the peace, the other both of the peace and quorum.' Selden says: The title of esquire or armiger is between the dignity of knight-bachelor and the common title of gentleman. And it is of that nature with us now, that to whomso- ever, either by blood, place in the state, or other emi- nence, we conceive some higher attribute should be given than the sole title gentleman, knowing yet that he hath no other honorary title legally fixed on him, we usually style liim an esquire, in such passages as require legally that his degree or estate be mentioned, as espe- cially in indictments and actions whereupon he may be outlawed. — Tit. Hon. As a name of estate or degree it was used in divers Acts of Parliament before and after THE TITLE ESQUIRE, 73 the 1 Henry V. cap. 5 for Rot. Pari, and 1 K. 1. John Audeley, an ancient and noble baron, was named Johannes Audeley, Armiger, for that all the rest of the barons that appeared at that Parliament were knights. (2 Inst. 6G7.) Under Richard II. we find the name of esquire expressly given as a created and honorary title by patent. One John de Kingston was so by this patent received into the state of a gentleman, and made an esquire by King Richard II. ; and it might be rea- sonablv conceived that the title of esquire was then only such as was either thus created, or otherwise acquired by service or employment. (Selden, Tit. Hon.) In 1413, Dr. Fuller says that John Golope was the first person who assumed the title of an esquire, and that until the end of Henry YI.'s reign such dis- tinctions were not used except in law proceed- ings; but Ordericus A'italis, as early as 1124, speaks of the Earl of Mellent, who, endea- vouring to escape from the troops of Henry Bcauclerc, and being seized by a countryman, bribed him to set him free, and to shave him in the guise of an esquire, • instar armig< ri, E 74 SHAKESPEARE ILLUSTRATED. by which means he eluded his pursuers. From the time of Henry V., when the Statute of Additions was passed, it often occurs as a leofal addition ; and Ions: before the reign of Henry VI. it was a general name with us, for such as were, it seems, by their military employment, militaris Ordinis candidate, and beino; beneath knights -bachelors, were either attendant on them or some greater persons, or employed otherwise in the wars under that name, or had it by creation. Hence it is that in Froissart we have so frequently chivalers and esquires to express the best part of the army, and the like of milites and armigeri. Chaucer mentions the attendance of the es- quire on the knight in his description in the Prologue to the ' Canterbury Tales ' : Curteys lie was, lowly, and servysable, And carf byforn Lis fadur at the table. And also in the ' Merchant's Tale ' : The tyme cam that resoun was to ryse, And after that men daunce, and drynke fast, And spices al about the hous thay cast, And ful of joy and bliss is every man, Al but a squier, that bight Damyan, Which karf before the knight ful many a day. TIIH TITLE ESQUIEE. 75 And, says Selderi, for the necessary atten- dance of an esquire upon every knight in the elder ages, long before Chaucer, observe this of Sir Francis Tias : his recovering five pound damages, under Edward L, in Wakefield Court, in Yorkshire, against one German Mercer, for arresting the horse of one William Lepton, that was his esquire, and so making him to be unattended. ' France Tyas, miles ' (so are the words of the court-roll) ' tulit actionem versus Germamnn Mercer, qui arrestavit equum WilHelmi Lepton armigeri sui ad dede- cus et damnum praidicti Franci, quia fuit sine armigero. Et prsedictus Franco recuperavit c. solidos. Ideo Germanus Mercer sit in miseri- cordia.' Under the reign of Henry IV., in our year-books the plaintiff had been bound 1>\ indentures to be the defendant's esquire in time of peace, and it seems plain, says Seldcn, that by this time (mcccci.) the title was fixed on some, without any reference to the words, but only by service en great persons. For of the witnesses examined in thai great case between the Lord Gray of Ruthen and tin Lord Hastings, under the same king, one John Lee of Buckingham is titled esquire, as many 76 SHAKESPEARE ILLUSTRATED. more are ; and it is said of him, as from his own mouth, that he was a gentleman by birth, and had land of twenty marks by descent, ' et n'ad use point de travailer en guerre ne son pier devant luy, et pour ce ne prist gard d'ap- prendre ses armes;' for he should have an- swered to the questions whether he were a gentleman and had arms or no. And in truth this John Lee was retained to that Lord Ruthen as surveyor of his lands for a time, and be- sides of perpetual fee with him for other ser- vices, whence it seems he was called esquire ; and for some like cause perhaps all the rest, or the most that in those examinations have that title, for many there have it, were styled so. The Lord Rivers also, under Henry V., devises by his will that his feofees should make an estate ' Thomas Gower, armigero meo.' I do not recollect an authority for the pre- valent opinion that every gentleman possessing landed property worth three hundred pounds a year, or any other sum, is therefore entitled to this degree, unless this passage in Selden, about John Lee of Buckingham, be considered as such ; and, from all the authorities with which I am familiar, it seems evident that no FAULCONBBIDGE. 77 real or personal estate whatsoever will entitli its possessor to the addition esquire. Although King John says, Go, Faulconbridge ; now hast thou thy desire, A landless knight makes thee a landed squire, Act i. Sc. 1. it is not certain that Shakespeare means Faul- conbridge was a squire because he had land. In the ancient creation of the dignity, says Scldcn, when such as otherwise had it not w- created into it, it is noted that a collar of SS. was given by the king as an ensign of it re- ceived. Justice Newton, under Henry VI.. said : ' If a writ of debt be brought against the Sergeant of the Kitchen in the king's homi . I may call him cook, and my writ is good enough, and yet he hath a collar and is a gentleman.' He uses the word 'gentleman/ applying it to those that were so made esquires by the king's favour, because also they were by their creation put in the rank of the most eminent sort of gentlemen on whom the title oi esquire hath since been so fixed. (Tit. Hon. ) The persons entitled to this degree by the Eng- lish law are, according to various authorities, the sons of all the peers and lords of Parliament, T8 SHAKESPEARE ILLUSTRATED. (2 Inst. 667; 2 Yin. Abr. 84, pi. 2s); the eldest sons of peers, and their eldest sons in perpetual succession (Selden, Tit. Hon. Dod. Xob. 144), and, consequently, the younger sons of peers after the death of their fathers (Cowel, Interp. Tit. Esquire), both which speices of esquiers Sir Henry Spelman entitles armigeri natalitii (Gloss. 3); all dukes, marquesses, earles, viscounts, and barons of other nations, or which are not lords of the Parliament of England, are named armigeri, if they be no knights ; and if knights, then are they named milites (2 Inst. 667) ; the eldest sons of baronets (Cowel, Interp.); the eldest sons of knights (2 Inst. 667), and their eldest sons for ever (Selden, Tit. Hon. Dod. Nob.); esquires created expressly with a collar of SS. and spurs of silver ( Spelman, Gloss, verbo Armigeri), of whom there are none at present ; persons to whom the king gives arms by letters patent, with the title esquire, and their eldest sons for ever (Selden, Tit. Hon. Com. Dig. b. viii. ) ; esquires of knights of the Bath, each of whom formerly constituted two at installation, and at present three (Statutes of the Order of the Hath, p. 32); barristers-at-law (Cowel, Spel- man, and 1 Wils, 245). BARRISTERS. — JUSTICES OF THE PEACE. 70 Sir Henry Spelman says, ' Certe altero hinc sasculo nominatissimus in patri& jurisconsul- tus, setate provectior, etiam munere gaudens publico et praediis amplissimis gcnerosi titulo, bene se habuit ; forte, quod togatas genti magis tunc conveniret civilis ilia appellatio quam castrensis altera.' (Gloss, voce Arm.) But whether barristers-at-law, as such, arc esquires or not, their long assumption of the title seems to have established such a ri^ht to the distinction that, many years ago, the Court of Common Pleas refused to hear an affidavit read because the barrister therein named had not the addition esquire to his name (1 Wils. 244) ; and it is said that, about the same time, Mr. Justice Heath refused knighthood, saying, 'I am John Heath, Esquire, one of his Majesty's Justices of the Court of Common Bench, and so will die.' And Shallow, in answer to Bar- dolph's enquiry, 'Which is Justice Shallow?' says : Skal. I am Robert Shallow, sir; a poor esquire of this comity, and one of the king's justices of the peace. 2 Hewry /!'., Ad iii. Se. 2. According to Blount, those to whom this title is now of right due, are all the younger sons of noblemen, and their heirs male for 80 SHAKESPEARE ILLUSTRATED. ever ; the four esquires of the king's body ; the eldest sons of baronets ; so also of all knights of the Bath and knights-bachelors, and their heirs male in right line ; those that serve the king in any worshipful calling, as the sergeant chirurgeon, sergeant of the ewry, master cook, &c. ; and such as are created esquires by the king with a collar of SS. of silver, as the heralds and sergeants-at-arms. The chiefs of some ancient families are like- wise esquires by prescription ; those that bear any superior office in the commonwealth, as high sheriff of any county, who retains the title of esquire during his life, in respect of the great trust he has had of the posse comi- tatus. He who is a justice of the peace has it during the time he is in commission, and no longer, if not otherwise qualified to bear it. Utter barristers, in Acts of Parliament for poll money, were ranked among esquires. In all the British colonies, except Jamaica and Barbadoes, attorneys, as they unite in their practice the distinct departments of attorney and counsel, are styled esquires. (1 Bla. Com. 342, note to Williams' edition.) Justices of the peace while in commission, but not justices CAPTAINS IN THE ARMY AND NAVY. 81 of the peace of corporate towns (Cowel and 1 Wils. 244, seel qiuere), persons chosen esquires to the body of the Prince (Selden, Tit. Hon.), of whom at present there are none ; persons attending on the King's or Queen's corporation in some employment, or persons employed in any superior office under the Crown, and who are styled esquires by the King in their commissions and appointments (Selden, Tit. Hon. Dod. Nob. 144) ; such, for instance, as sheriffs of counties and captains and superior officers in the army and navy (1 Bla. Com. 406, note to Christian's edition) ; but officers in the militia and volunteers are not, it seems, entitled to this addition. Talbot and Eagle, April 21, 1809, was an action brought against the defendant to recover the penalty of £5 given by the statute of 5 Anne, c. xiv. s. 4, for killing game, not being duly qualified. Upon the trial of this cause, before Grose J. at Suffolk spring assizes, the de- fendant, to prove his qualification, gave in evidence a commission signed by the lord- lieutenant of the county of Suffolk, con- stituting the defendant's father the captain commandant of a corps of volunteer infantry, 82 SHAKESPEARE ILLUSTRATED. and styling hiin an esquire, and also the Gazette announcing his appointment, and he relied on the statute 54 Geo. III. c. liv. s. 26, which enacts that all officers in corps of volun- teers, having commissions from lieutenants of counties, shall rank with the officers of his Majesty's forces. The jury found a verdict for the plaintiff. Shepherd (Sergeant) now moved to set aside the verdict, and enter a nonsuit, contending that the defendant's father had by this appointment been created an esquire. But the court was clearly of opinion that the statute meant only the same military rank ; the lord-lieutenant of the county could not confer honours ; there was no pretence to call this gentleman an esquire, and they re- fused the rule. (1 Taunt. Rep.) From this decision it seems that lieutenants in the navy and the Guards, who rank as cap- tains, are not, therefore, entitled to this degree. I have quoted most of the authori- ties with which I am familiar, and they are sometimes conflicting; for example, Camden, in his description of an esquire, after men- tioning the persons entitled to the degree, states that others who bear any office of trust THE TITLE ESQUIRE. 83 under the Crown are also entitled thereto. "ut Christian, in a note on Blackstone, ob- serves that this description is too extensive, for it. would bestow it on even- exciseman and custom-house officer ; and the learned Selden, perhaps the greatest authority on this subject, does not support the assertion of Camden. It seems that the addition esquire should be limited to those entitled thereto by birth or creation, or to those who are styled esquires by the Queen in their commissions and ap- pointments; yet, according to Selden and Blount, it is sometimes found in the kitchen ! But whoever may or may not be entitled to the addition of esquire, of this there can be no doubt, that A king can make a belted knight, A marquis, duke, and a' that ; But an honest man's aboon bis might, Guid faith he maunna fa' that ! For a' that and a' that, Their dignities, and a' that; The pith o' sense and pride o' worth Are higher ranks than a' that. An enquiry of this kind may be concluded with a few words from the Epilogua to Little- ton's ' Tenures ' : 84 SHAKESFEARE ILLUSTRATED. Know that I would not have thee believe that all which I have said in these books is law, for I will ijpt presume to take this upon me. But of those thip^.-; that are not law, enquire and learn of my wise masters learned in the law. END OF THE FIRST PAFvT. I.OKL'O.V PBIHIEI) CI SPOIT 1SV.OODF. JM CO. HI-' UNIVERSITY OF CALIFORNIA LIBRARY Los Angeles This book is DUE on the last date stamped below. 50w»-7,'69(N296s4)— C-120 UC SOUTHERN REGIONAL LIBRARY FACILITY I AA 000 366 326 7