wa.s UC-NRLF B 3 5bS bfi? -|;) -J , ^\ WAS SHAKESPEARE A LAWYER? BEING A SELECTION OF PASSAGES FKOM "MEASURE FOR MEASURE" AND "ALL'S WELL THAT ENDS WELL;" WHICH POINT TO THE CONCLUSION THAT THEIR AUTHOR MUST HAVE BEEN A PRACTICAL LAWYER; AND IN WHICH MANY OBSCURITIES ARE MADE CLEAR, AND SOME APPA- RENT CORRUPTIONS IN THE TEXT ARE ATTEMPTED TO BE RESTORED BY AN APPLICATION OF A KNOWLEDGE OF ENGLISH LAW. By II. T. LONDON : LONaMANS, GREEN, READER, AND DYER. 1871. LONDON : PRINTED BY WITHERBY & CO. MIDDLE ROW PLACE, HOLBORN. UraS THE EiaHT HONOUEABLE LOED HATHEELEY, LOED HIGH CHANCELLOR OF GREAT BRITAIN", ETC., ETC., ETC., THIS LITTLE BOOK OF LEGAL COMMENTS ON SHAKESPEARE IS RESPECTFULLY DEDICATED BY HIS lordship's OBEDIENT AND HUMBLE SERVANT THE AUTHOE. London^ January, 1871. 734 WAS SHAKESPEARE A LAWYER? The pages of Shakespeare's Plays are allowed to be strewed with references to English laws ; but, on a careful examination, we have found that such references are far more numerous than has been usually supposed. In fact, the Poet's memory appears to have been full to overflowing of the principles and practice of Law, and of the quibbles and technicalities of the legal profession. Hence an interesting question has been raised as to whether Shakespeare had ever been engaged in the study or practice of English law. A little book on this subject was published by the late Lord Chancellor Campbell. In it his Lordship gave the results of his examination of twenty- three, out of the thirty-seven, Plays which have been ascribed to our Grreat Dramatist. His judgment, delivered with the proverbial caution of a Scotchman, was, that no positive answer could be given to the question. *We venture to think, however, that the trial was not satisfactorily conducted, in that the investigation was too cursorily made. His Lordship noted only such passages as, without study, would have suggested themselves even to a non-legal mind ; whilst others were passed by. He has not condescended to point out the minuter phenomena — in the colouring which narrations take during their passage through a legal mind, in the constant verbal wrangling begotten by legal logic, and in the practice of splitting- words into double or treble senses. Indeed, his Lordsliip states that B 2 WAS SHAKESPEARE A LAWTEE i his object was, rather to throw out hints which might be useful to others who should pursue the same line of inquiry, than fully to work out his problem. There is, therefore, a demand for a new trial, which, we think, may be carried on more searchiugly by a fuller examination of the evidence. There are seven years in the early life of Shakespeare, being a part of the period of his 'presumed residence at Stratford, which have not been accounted for by his biographers. Nothing has been hitherto produced to show how these years were employed. It is probable, from the depressed state of his father's pecuniary affairs, that his son William was'' earning his own livelihood; and no reason can be shown against his having been employed as a clerk in an attorney's office : and it does not seem to be probable that such an occupation would have been distasteful to his mental constitution. The practice of a lawyer's chambers would have admitted him behind the scenes in many worldly proceedings, and have enabled him to see the distinction between motive and pretence, and between law and justice. From "Hudibras" we perceive how a drama may be acted in an advising lawyer's presence. From such a limited stage Shakespeare may have learnt how great results often spring from mere misunderstandings, in which both the parties interested are innocent of evil intentions ; and how, under the overruling influence of circumstances, wrong may, for a period, prevail against the right, and vice might often strangle virtue. Supposing that Shakespeare was ever a clerk to an attorney, the whole of the legal lore which may be gathered from his Plays can be accounted for satisfactorily. In opposition to this hypothesis are two others. The one is, that Shakespeare, a.fter he came to London, might have been more than ordinarily addicted to the attending of courts of justice, where he might have picked up his legal notions, and have learnt the use of legal jargon. The supreme courts were arranged, in his time, around the inner walls of Westminster HaU, and in the neigh- bourhood of petty stalls of traffickers, so that the Hall became attrac- tive to the public, and detained the idle lounger by the hour. A second is that which is stated by Dr. Bucknill, in his elegant WAS SHAKESPEARE A LAWYER ? 3 inquiry into " the Medical Knowledge of Shakespeare." The Doctor deems that the Poet's father having been engaged in legal transactions, the son might have gleaned many teelmicalities, which his infallible memory woLild afterwards have reproduced. To both objections there is one reply : that any practisiag lawyer, who had allenliveh/ studied the Plays, would feel satisfied that neither of such supposed sources of professional knowledge would be suffi- cient to account for the perpetual and abundant crop of legal lore which bristles over the productions of Shakespeare's mind. But to this it may be answered, that the introduction of so much law into a play would imply that an equal acquaintance with the nice- ties of law was common to all people ; for otherwise the actors would have been unintelligible to the popular part of their audience. Now this objection to our hyjjothesis would seem to be unanswer- able, unless we considered — first, that authors often introduce words and matters into their compositions with which they themselves are most familiar ; and also, secondly, in reference to Shakespeare, this special circumstance — that the lawyers of the day were his great patrons. Some of his Plays even read as if they had been composed to have been acted before a legal audience ; and, as the Poet would desire to please his hearers on the floor by throwing to them low, and often the coarsest bits of bufi*onery; so he might be allowed to try to delight his legal hearers in the balcony, by some scrapes on their professional fiddle. A sensible observation was made by one of our greatest literary critics applicable to the case of Shakespeare; and confirmatory of the hypothesis, that our Dramatist was early initiated into the mysteries of English law. S. T. Coleridge remarked, that an author's observations of life would be drawn from the immediate employ- ments of his youth, and from the character and images most deeply impressed on his mind, and the situation in which these employments had placed him. He gave two illustrations, viz., Ben Jonson the soldier, who introduced soldiers and their peculiarities into his plays ; and Lessing the university-man, who has made us familiar with the scenes of academic life. "What was true of Ben Jonson and of Lessing, was probably equally true of Shakespeare. AnyhoAv, B 2 4 WAS SHAKESPEARE A LAWTER T it is characteristic of huma?! nature that the apprentice should carry about with him in after life a vivid remembrance of the shop. Two other general observations may be made on the internal evi- dence of Shakespeare's connection with the legal profession. The first shows that he was well acquainted with law, inasmuch as that, when he allows any of his characters to speak law, they not being pro- fessional lawyers, he makes them talk nonsense. In this he evinces a professional pride — a sentiment which is common to men of all professions; hence non-professionals are allowed to lay down bad. law and to misuse legal words. On the contrary, when his lawyers speak, their doctrine is always sound, and their technical terms are correct ; so that the Dramas of the Poet might find their place on the shelves of a library by the side of my Lord Coke. The second peculiarity indicates that Shakespeare had been in an attorney's ofiice. The Poet often speaks disparagingly of judges ; he makes fun of Justices of the Peace (the Lucys) ; and he held in low respect all the ofiicers connected with courts of justice. This beino- the case, it is to be noted that he is ever careful of the character of attornies. We think that he was no naughty bird. And yet the class of attornies have long been the but of wits and witlings. Had Shakespeare lived in our day, he might even have praised them, and have joined in the reported words of a Yice- Chancellor concerning soHcitors : " I am bound to say of the great body of solicitors that a more honourable set of men does not exist." Tet we do not remember that any Act of Parliament has been ever passed, con- ferring substantial advantages on attornies or solicitors ; nor have they any honorary steps in their profession — not even the military sham of the coveted brevet rank. We now propose to make a critical examination of two of Shakespeare's Plays, viz., " Measure for Measure" and "All's Well that Ends Well," for the purpose of ascertaining whether their author had studied law, and been a practical lawyer ; at the same time to notice how many obscure passages can be made clear, and how many corruptions of the text may be restored, by an applica- tion of a knowledge of that system of law with which we have supposed that our Poet had become well acquainted. WAS SHAKESPEARE A LAWYER ? 5 It is to be remarked, concerning the quotations to be pre- sented in illustration of the hypothesis that Shakespeare was a lawyer — 1. That some of them point to a special acquaintance with English law and its technicalities, such as could be expected only from an intelligent legal practitioner. 2. That others suggest an unusual familiarity with legal notions and customs, the reference to which is as a second nature with Lawyers, as texts of Scripture are with Divines. 3. That many passages show an ignorance of law terms in tlie printers ; and these it is proposed to correct by substituting sense for nonsense. 4. That in some of the passages which prima facie show cor- ruption, we have ventured to suggest what was their original condition, in confirmation of the admitted presumption that the MSS. used by the first printers were often unintelligible to them, whereby the printed texts were so defaced as to invite to a friendly though respectful correction of them. "MEASUEE EOE MEASUEE." This Play is especially suited to our purpose; for it exhibits even to detail, judges, parties, pleaders, witnesses, jailers, and exe- cutioners, as they appeared and acted in Shakespeare's time. It is scarcely probable that any writer, who was not intimately acquainted with English legal proceedings, would have ventured to tread upon such ground. Until within a few years past, writers of fiction usually abstained from the misty labyrinths of the law, lest they should be in danger of overhearing a laugh. Miss Edgworth once ventured on this sacred domain, and, as a result, her plaintifi"s and defendants dance in glorious confusion on her pages. In this play of " Measure for Measure," Lord Campbell noted only four passages as indicating Shakespeare's knowledge of law ; 6 ^ WAS snAKESPEAEE A LAWTEE ? they are, Act I., Scene 2, " Grood councillors lack no clients;" Act II., Scene 1, "Action of battery and slander;" Act II., Scene 2, " Tour brother is a forfeit of the law;" and Act III., Scene 2, in whicb tlie judges call each other "brother." How perfunctorily, and therefore unsatisfactorily, his Lordship performed his office of a legal commentator, we shall endeavour to show. Act L, ScE?fE 1. 1. "Duke (to Escalus). The nature of our people, Our city's institutions, and the terms For common justice, you're as pregnant in. There is our commission.'" In these four lines we meet with three legal technicalities. In " the terms for common justice," terms does not refer to words, but to times — the legal year being divided into four terms, with inter- vening vacations. " Common justice " has a reference to the " Court of Common Pleas." A " commission" was a legal expression for a delegation of certain powers by a sovereign for a certain end. The judges on circuit, as Shakespeare must have known, acted under royal commissions of oyer and terminer — i.e., to hear and decide disputes. 2. "DiTKE (to F.scaJus). TVe have with special soul Elected him [Angelo] our absence to supply ; Lent him our terror, drest him with our love.'^ For "soul" we propose to read zeal, and for "love," lore. In " drest him" we have perhaps a reference to a legal fiction that a judge's robe always covered a lawyer. Eobes of office seem to have a strong effect on Shakespeare's mind, as we shall see that he often refers to them. In English law^ judges have by fiction a kind of infallibility thrown around them. A party suftering by their mistake or delay is without a remedy. This irresponsibility speaks in favour of our judges. According to the law of Norway, if a party is dissatisfied with the judgment given from the Bench, he may bring an action against the WAS SHAKESPEARE A LAWYER Y 7 judge ; and instances are recorded in which very large damages have been given against the offenders. 3. " Duke (to Angela). Nature never lends The smallest scruple of her excellence, But, like a thrifty goddess, she determines Herself the glory of a creditor, Both thanks and usey " Nature " is here introduced under the legal aspect of a scrivener, usually a lawyer, prescribing to her creditor conditions of repayment of a loan. " Use " is an old legal term for interest. The meaning of "glory" is scarcely perceptible: the duty of a creditor would be more intelligible. 4. " Duke (to Angelo), Hold, therefore, Angelo ! [handing him the commission]. In our remove, be thou at full ourself: . Old Escalus, Though j/^r^^ m question, is thy secondary.'''' The phrase "at full ourself" re|)resents a legal English tiction, according to which the sovereign was always present in court with his judges, notwithstanding his remove or absence. Hence writs issued by a judge were tested ^''before ourselves^'' i.e., the sovereign. Another phrase here introduced, " though first in question," we must attribute to the printer's ignorance. There is, we think, little doubt but that we ought to read, tliougli put in quorum — the reference being to the terms of the commission under which Justices of the Peace were appointed, in which many were named together as justices, yet some were specially enumerated on account of their superior fitness of office ; and of these, one at least was required to be present on the Bench when sitting. Hence the expression inserted in the commis- sion, " quorum," i.e., of loliom, &c. We must not for " secondary" read secretary. A " secondary" was a well-known legal officer. 5. "Duke (to Anaelo and JEscalus). To the hopeful execution do T leave you Of your commissions." 8 WAS SHAKESPEAEE A LAWYEE The term " execution," though now in common use, was born in Westminster Hall. It means the iDutting of the law in force — e.g., the hanging of a felon is, in legal parlance, his execution. 6. "Duke (to Angelo). Tour scope is as mine own: So to enforce and qiialify the laws As to your soul seems good." Instead of "soul" we prefer to read zeal., as before. By "to enforce and qualify the laws " is meant, that the commissioners were to unite in themselves the power of sentencing, which was the usual duty of a judge ; and also of pardoning, which was the attribute of the sovereign alone. As the English law knew of no precedent for the combination of such powers, our princes having ceased to act personally as judges, Shakespeare does not introduce any English legal terms, which would only mislead. Such a restraint shows a knowledge of the technicalities of our laws. 7. "EscALrs (to Angelo^. I shall desire you. Sir, to give me leave to have free speech with you ; and it concerns me to look into tlie hottom of my place. A power I have ; but of what strength and nature I am not yet instructed." We have " in the bottom of my place " a phrase which is neither poetical nor elegant. Escalus is addressing his superior, Angelo. "Was the Poet thinking of the mark of pre-eminence enjoyed by the Lord Chancellor, as the head of the legal body, in that he rested on the iL'oolsack, whilst the other judges sat on lenches ? Such a dis- tinction might raise a smile from a Templar. SCEXE 2. 8. "Lrcio. If the Duke, with the other Dukes, come not to composition with the King of Hungary, why, then all the Dukes fall upon the T\iug." An ordinary writer would have said. Come not to an arrangement, or agreement ; but Shakespeare prefers to introduce the technical term WAS SHAKESPEARE A LAWTEll ? 9 "composilioii," i.e., a declsio litis. The expression is far-fetched; but then Lucio was not a lawyer, but " a fantastic." Scene 3. 9. " Claudio (to Provost). Eellow, why dost thou show me thus to the world ? Bear me to prison, where I am committed. Peovost. I do it not in evil disposition, But from Lord Angelo by special charge. , Claudio. Thus can the demi-god, Authority, Make us pay down for our offence hy toeiglit."' Claudio having been arrested by the Provost, and being led pub- licly through the streets, complains and asks to be carried to prison, which seems to have been the custom. The remembrance of this still survives in the phrase "carried to prison." Instead of "by weight" we prefer to read "by right," i.e., Lord Angelo had autho- rity to vary the custom of commitment to prison, and augment its shame by making the accused walk. 10. " Lticio. Why, how now, Claudio ? whence comes this restraint ? Claudio. Prom too much hberty, my Lucio, liberty Lrcio. If I could speak so wisely under an arrest, I would send for certain of my creditors : And yet, to say the truth, I had as lief have the foiyperij of freedom, as the morality of imprisonment.^'' Por "the morality of imprisonment" we prefer to read reality of imiwisonment. Por "the foppery of freedom" we prefer to read, th.Q frippery of freedom. "Prippery " means what is contemptible and trifling : thus, Ben Jonson says, " the frippery of wit." As to sending for '' creditors," the meaning is, that they might become bound as bail for the appearance of Claudio afterwards, if he should then be discharged from personal arrest. Creditors are supposed to be very interested parties in getting their debtor out of prison, in order that they might obtain payment afterwards. The meaning of Lucio's speech seems to be, that if he himself had been arrested, he 10 WAS SHAKESPEARE A LAAVTEE ? would have endeavoured to avoid imprisonment by procuring bail for Ms appearance, wlien required — as lie should prefer such tempo- rary personal freedom as could be thus obtained, to the reality of being imprisoned. 11. " Claudio (to Lucio). Thus stands it with me : — Upon a true contract, I got possession of Julietta's bed ; You know the lady ; she is fast my wife, Save that we do the denunciation lack Of outward order : this we came not to, Only for propagation of a dower Eemaining in the coffer of her friends ; Erom whom we thought it meet to hide our love, Till time had made them for us." In these lines are set forth the laws and customs concerning marriage : but some terms are obscure to the non-legal apprehension ; and there is one corruption which a knowledge of law can, we think, best restore. According to the canon law, a " true contract " of marriage might be made lyrivatehj between the man and the woman, which was binding on them, although no public ceremonies were added. Such a contract having taken place between Claudio and Juliet, he could say of her, " she is fast my wife." (Conf. Hen.YI., 5, 2). " Denun- ciation" is an old ecclesiastical term io^c proclamation, as applied to banns of marriage. Instead of " only for propagation of a dower," we should read, only for procuration of a dower. The reference is to a custom of paying procuration money to such as could secure for an unmarried man the hand of a rich heiress. Claudio seems to intimate that it was for the purpose of avoiding such a payment that his marriage with Juliet, an heiress, had been kept secret. The pas- sage seems to need some other, though perhaps slight, amendments to make it genuine. 12. " Claudio. The strength of our most mutual entertainment, "With cliaracter too gross, is writ on Juliet." These lines read Jike the words of a lawyer's clerk. X 1 WAS SHAKESPEARE A LAWYER ? 11 document copied in a thick and distinct style (character), such as was the old English text, was called engrossed. A gross character meant, therefore, a plain style of writing. The true meaning of this passage, in a legal sense, is thus obvious ; but the expressions are gross in another sense. 13. " Claudio (to Liicio). This new governor Awakes me all the enrolled 'penalties, Which have, like unscourd armour, hung by the wall So long, that nineteen zodiacs have gone round. And none of them been worn." What, it may be asked, was the probable connection in Shakes- peare's mind between the "enrolled penalties," the "unscour'd armour hung upon the wall," and "zodiacs?" We suggest that it was legal scenery. In the park of the Lucy family, near Stratford, stands the old family mansion. Howitt, in his Visits to Eemarkable Places, has given a drawing of its lofty and spacious entrance hall. It was probably the residence of the Lord of the Manor, and, if so, the Manor Courts would have been held in the hall ; or, Sir Thomas Lucy may have heard complaints in it, as a Justice of the Peace. Let us imagine that Shakespeare had been present before Sir Thomas in defence of some copyholder of the manor, who had incurred some penalty laid down in its records, which are called Bolls, and hence " enrolled penalties," Then let us imagine him casting his eyes around the walls of the hall, as he waited for his turn, and he might have seen, as hung there, the old memorials of family military history, armour long " unscoured," because long unused. Then let us imagine that some member of the Lucy race had been engaged in the naval adventures which had attracted so many restless youths during the age of our Poet, and that a "zodiac" stood in a corner as a memento of exploits upon the sea. Now, if such a scene had presented itself to the young lawyer whilst patiently waiting and musing in the hall of justice, we can easily account for the association of ideas which he has put into the mouth of Claudio, and which ideas had never lost their relationship after they had once been stamped upon the Poet's faithful memory. 12 WAS SHAKESPEAEE A LAWYER ? The number "nineteen," in connection with "zodiacs," or years, seems also to carry a legal idea. Twenty years was in some cases considered in law to be a bar to adverse claims. If so, the argument put into the mouth of Claudio was — that it was hard to bring him under the penalties of a law which, ha\TQg been allowed to sleep so long a time, would soon have covered his defects. ]^ow, Claudio was not a lawyer ; but, as a grumbler, he might be supposed to have used a popular argument. Scene 5. 14;. " Isabella. Doth he [Angelo] so Seek his [Claudio's] life ? Lucio. Has censur'd him already, And, as I hear, the Provost has a icarrcDit For his execution." AVe have here two legal terms. " Censured" does not mean hlamed, but is a term of ecclesiastical law, signifying condemned, as appears from the context. After the censuring of Claudio fol- lowed the " warrant for his execution." Act II., Scene 1. 15. "AxGELO (to JEscal us). The jury, ^^asi' my on the prisoner's life, May, in the sworn twelve, have a thief or two Gruiltier than him they try," "Passing" is a term applicable to the judge who passes sentence, and not to the jury. We might therefore prefer, with probability, to read the jury panneled, i.e., impanneled on tlie prisoner's life. This twelve were called a JPannel. To impanuel a jury was to enter their names in a schedule. Thus we have intelligible law. 16. " Eleow (to Angelo) . If it please your honour, I am the poor Duke's constahle, and my name is Elbow, and I do lean upon justice. Sir." A friend has ingeniously suggested that the constable here per- WAS SHAKESPEARE A LAWYER ? 13 petrated a legal pun, when he says that his name is JElbow, and that he leans on justice. 17. " EscALUs (to Elbow). How do you know that ? Elbow. My wife, Sir, whom I detest before heaven and your honour. EscALUs. How ! thy mfe ? Elbow. Ay, Sir, whom, I thank heaven, is an honest woman. Escalfs. Dost thou detest her therefore ? Elbow. I say. Sir ; I will detest myself also, as well as she, that this house," &c. Here Elbow blunders into nonsense by attempting to use a law term. For "detest" we must read attest, i.e., to testify. Elbow, the constable, appears as an illustration of what has been already noticed, that Shakespeare makes his non-legal personages, when they would pretend to know law, convict themselves of presumption by talking nonsense. Of this another instance follows : — 18. " PoMPET (to JEscalus). I'll be supposed upon a book, his face is the worst thing about him." Pompey is giving evidence before a judge. We should therefore prefer, instead of " supposed," to read subpoened upon a booh, i.e., sworn upon the Grospels. But even then, Pompey, not being a lawyer, confounds being subpoened, which means being summoned under a penalty {sub poena), to attend and give evidence, with being sworn, before he gave his testimony. ' 19. " PoMPET (in Court, addressing the Judge). By this hand. Sir, his wife is a more respected person than any of us all." By "this hand," which Pompey is to be supposed to hold up, a reference is made to a form of taking an oath. 20. " Escalus (addressing Elboiv). Truly, officer, because he hath some offences in Mm, that thou would'st discover if thou could'st, let him continue in his courses till thou know'st what they are." 14 WAS SHAKESPEARE A LA^\T:EII ? By this, Escalus, the judge, seems to mean — that as the charges against the prisoner had not been already proved, although he was a suspected person, and had " offences in him," i.e., as yet undis- covered, he was to be dismissed, in order that the constable. Elbow, might keep an eye upon him. On this the constable, addressing the prisoner, and mistaking the meaning of the words used by the judge, says :— " Elbow. Marry, I thank your lordship for it." And then, turning to the prisoner, he says : — " Thou see'st, thou wicked varlet, now, what's come upon thee ; thou art to continue now, thou varlet ; thou art to continue'' [meaning in custody]. But "to continue," in law, meant often to postpone a case to another term, and did not imply a continuance in custody. 21. " EscALTTs. Master Eroth, I would not have you acquainted with tapsters ; they w^ll draw you, Master Erotli, and you will hanff them ; get you gone, and let me hear no more of you." In giving this good advice, the judge seems to speak playfully, and uses words with a double meaning. The tapsters would draiu Master Eroth, i.e., like a cork, and take his money, and Master Eroth, by his evidence, would cause tapsters to be lurnf/ed for their crime. The words of "drawing" and "hanging," proceeding together from the mouth of a judge on the Bench, carried with them unpleasant associations, and pointed to the gallows at Tyburn. 22. " Escalus. Pompey, you are partly a bawd, Pompey, how- soever you colour it by being a tapster. Are you not ? " Shakespeare here represents a custom of his time in criminal charges, but since changed ; for no attempt can now be made to induce a prisoner to confess and convict himself ; on the contrary, he is warned against so doing. WAS SHAKESPEARE A LAWYER ? 15 Scene 2. 23. " Angelo (to Isahella). Mine were the very cipher of a function, To fine tlie fault, ivliosefine stands on record, And let go by the actor." Instead of " to fine the fault," it would probably be better to read, to fine Ms fault, and so to provide an antecedent to " whose." The words " stands on record " refer to the higher courts of justice, called Courts of Kecord, in whose proceedings fines due to the sovereign would be recorded. 24. "Isabella (to Anr/eJo). ^hy, all the souls that were [qy. are], wevefoifeit once ; And he that might the vantage best have took Found out the remedij.''' We have here a doctrine of Western theology, which was based on Roman jurisprudence, and is expressed in forensic terms. — {Vide Maines' Ancient Laiv.) 25. " Ais'aELO (to Isahella). It is the law, not I, that condemns your brother." This distinction is always made by our criminal judges, who, avoiding all personal feeling and responsibility, are content to say, "The sentence of the law is so-and-so." The dignity and impar- tiality of our English judges contrast favourably with the conduct of judges in some countries. Perhaps the only case in which an English judge in a criminal court is allowed to show the man, is when duty calls on him to pronounce the extreme sentence of the law, which is usually accompanied by an exhortation to repentance, and a prayer. Our judicial body are, probably, of all state ofBcerSy the class to which an Englishman would point a foreigner with the most unqualified approbation for unimpeachable fulfilment of duty, and freedom from suspicion of partiality. 16 WAS SHAKESPEARE A LAWYER f 26. " Angelo (to IsaheUa). The law hatli not been dead, thongli it liatli slept. now 'tis awake ; Takes note of what is done ; and, like a prophet, Looks in a glass, that shows what future evils Are now to have no successive degrees, But ere they live, to end." The phrase " no successive degrees " is borrowed from law, and refers to inheritances passing to the son from the father. Angelo means that existing evils should not be propagated, i.e., Claudio should die for his crime and not live to be imitated by any children. Scene 3 27. "Duke (as a Friar, to Juliet). I'll teach you how you shall arraign your conscience, And fry your penitence, if it be sound, Or hollowly put on." Even the Duke, although he has assumed the garb of a friar, has legal words put into his mouth. " To arraign " and " try " are law terms. The former refers to a prisoner's being placed at the bar to answer guilty or not guilty, previous to his being tried. Shakespeare sometimes uses theological terms, though he often makes direct references to, and quotations from the Sacred Scriptures. 28. " Juliet (to the Bulce, as a Friar). I do confess it, and repent it, father. Duke. 'Tis meet, my daughter ; hut Jest you do repent, As that the sin has brought you to this shame." This passage is obscure, as the iiame of "the sin" is omitted. May it be restored thus ? — 'Tis meet, my daughter, that lust you do repent, In that this sin has brought you to this shame. If these suggestions are approved, they throw light on what immediatelv follows : — WAS SHAKESPEARE A LAWYER ? 17 " Dttke {continuing^. Which sorrow is always towards our- selves, not heaven ; Showing we would not spare heaven, as we love it, But as we stand in fear." For " which sorrow " we would propose to read world-sorroiv, thus taking " world " as standing in opposition to " heaven." Scene 4. 29. " AxGELO. The state, whereon I studied, Is like a good thing, being often read, Grrown sear'd and tedious." This passage seemB,2->rimd facie, to have a reference to legal studies, but not so, if it is read as we think it originally stood, and insert "steadied" for "studied." The meaning would then be — that Angelo having relied on his state or dignity as deputy to the Duke, the use of it had made him weary, and a respect for it had become tedious, so that it did not keep him from falling into temptation. 30. "AxGELO (to Isabella). Their saucy sweetness, that do coin heaven's image In stamjys that are forbid." The judge here compares the begetting of illegitimate children to the crime of making false coin and stamping it with the sovereign's image. 31. "Angelo (to Isabella.) I talk not of your soul: our compell'd sins Stand more for number than for accompt. Isabella. How say you ? Angelo. Nay, I'll not warrant that, for I can speah Against the" thing I say." Here Angelo, having turned special pleader, makes a distinction between two kinds of sins, the correctness of which Isabella ques- tions. In reply to her, Angelo retracts what he had said, and makes a second distinction, probably not sounder than his first. It is this : 18 WAS SHAKESPEARE A LAWYER ? that an advocate miglit say, as an advocate, wliat he would not say as a man — a license sometimes claimed by English barristers, though always repudiated by them in practice when they become judges. 32. " AxGELO (to Isabella) . I, now the voice of the recorded law,' Pronounce a sentence on your brother's Z^^." Shakespeare has here caught the true spirit of our English courts of criminal justice. It is not the judge who pronounces the sentence, but "the voice of the recorded law." Again, the. sentence is not against the man, but his " life." Justice with us wears the air of an Abstraction, and the impersonality of a JSTecessity. 33. " AxGELO (to Isabella). And his offence is so, as it appears. Accountant to the law upon that^:)ff/«." " Accountant " is here used figuratively. The offender is sup- posed to Give something to the law, which demands something on the credit side. " Pain " is a legal term, derived from the Norman- Erench ^^eine, and is equivalent to penalty. 34;. " Angelo (to Isabella). Admit no other way to save his life,— As I subscribe not that, nor any other, But in the loss of question.'" " The loss of question " reads like nonsense. If we were to make an alteration, which would be in something less than a single letter, and read tlie toss of question, we may suppose that the Poet had in his mind a method sometimes adopted by jurors to settle a difference of opinion amongst them, viz., by a toss-up. 35. " Angelo (to Isabella). We all are frail Isabella. Else let my brother die. If not a foedary, but only he Owe, and succeed thy weakness. Ais'GELO. Nay, women are frail too. Isabella. "Women! help heaven! Men their creation mar In j^rofiting by them. Nay, call us ten times frail." WAS SHAKESPEAliE A LAWYEll ? 19 We have here a very corrupt text, and such as might puzzle a sphinx. The metre is faulty, so that something may have been added or omitted. The argument being apparently based on law, the law may lead us some way in understanding the Poet. " Foe- dary" is not an English word, but federary is, and is used elsewhere by Shakespeare in the sense of confederate in crime. The argument might be supposed to run thus : — iVugelo says to Isabella, " We all are frail," to which she replies, '' Else let my brother die," meaning if he alone had sinned as he had ; and she adds, in explanation, " if not a 'federary,'" in sinning with others also. She then seems to turn to Angelo, with an argumentum ad liominem^ suggesting her brother had only succeeded (used elsewhere in the sense of followed) the weakness shown by Angelo himself. Angelo, disliking this thrust at himself, turns the subject, and accuses Isabella as one of a class, saying, " Nay, women are frail too." This Isabella meets by a con- fession on the part of her sex, and by a recrimination on the male sex. We have here, apparently, the legal shuffling of the lawyer Angelo, refuted by the straightforwardness of the saintly Isabella. 36. "Angelo (to Isahelld). I do arrest your words." By which he means, I hold you to your admission that " women are frail." Then follow these obscure lines from Angelo : — " Be that you are, That is, a woman, .... as you have well expressed By all external warrants, — shew it now. By putting 07i the destined The apparently close connection between "putting on" and "livery" might lead to the conclusion that Shakespeare was here speaking of dress ; but then the line is inexplicable. What " livery" could Angelo mean? If, however, for "putting on" we read putting off; and if we take •' livery" for delivery, in the legal sense, as in the phrase Uverg of seisen, i.e., delivery of possession, Angelo's argument may be: — You admit that women are frail, — you are a woman ; shew yourself such by submitting to my will, and ho imtting c 2 20 WAS SHAKESPEARE A LAWYER ? of^ ilie destined delivery^ i.e., of your brother to death, as a punish- ment for his offence. Destined delivery would have destroyed both euphony and metre, while "livery" saves both. 37. "Isabella (to Angelo). O perilous mouths, That bear in them one and the self- same tongue. Either of condemnation or approof'"' We are not here to understand by " approof " approval. It has a legal technical meaning. An approver was one who confessed a par- ticipation in a crime, and then turned against his confederate, or "foedary," as Shakespeare had just before employed this term. The term "approof" is here most aptly introduced, and with its right legal meaning. Act III., ScEXE 1. 38. "Isabella (to Claudio). This outward-sainted deputy, — Whose settled visage and deliberate word Nips youth i' the head and follies [qr. feathers], doth enmew. As falcon doth the fowl, — is yet a devil ; His filth within being cast, he would appear A pond as deep as hell. Claudio. The prenzie Angelo ! Isabella. O, 'tis the cunning livery of hell. The damned' st body to invest and cover In prenzie guards ! " The word "prenzie," here twice repeated according to the first folio, has been a crtcx to commentators. It is admittedly a misprint — but for what ? Priestly, princely, precise, venerable, and, accord- ing to Mr. Staunton, "reverend," are specimens of the corrections which have been suggested; but neither has been shown to have any special appropriateness to Angelo : and Shakespeare is not guilty of inserting mere empty epithets. Angelo is being spoken of as deputy and judge, and we think that two small corrections will remove all difficulties from the passage, which, it seems, turns on legal robes and dignity. Por " guards" we propose to resid. gauds, i.e., the external ornaments of the judge's person — a word often used by Shakespeare; WAS SHAKESPEAEE A LAWYER ? 21 and for "prenzie" we would ve^di frijyperi/ — a term elsewhere used by tlie Poet in the sense of borrowed, or second-lmnd, as applied to clothes. A dealer in old clothes was called a fripper. The word has this meaning attached to it in the Liher Alhus of the City of London. In " The Tempest" we read^ " Teixculo. O King Stephano ! O peer ! O worthy Ste- phauo ! look what a icardrohe is for thee. Calibais". Let it alone, thou fool ; it is but trash. Tehstculo. O, he, monster ! we know what belongs to a fri2)_pery. Stephano. Put oW i\mt gown, Trinculo." Now, assuming the propriety of the two corrections which we propose to make in the text, the argument of the passage will run thus : — Isabella had been charging, before her brother Claudio, Angelo, the deputy of the absent Duke, with hypocrisy, for in- tending to punish her brother Claudio for an offence similar to that which he himself desired to commit with herself. She calls him "this outward-sainted deputy," and adds, "is yet a devil," thereby making prominent two facts — Pirst, that he was but a deputy of the Duke, though wearing judges' robes ; and, secondly, that his assump- tion of external dignity did not correspond with his inner man. "When Isabella lays before Claudio these facts, he interrupts her by expressed contempt for Angelo, exclaiming, "The frippery Augelo ;" thus, in two words, adapting Isabella's expressed opinion of Angelo. Claudio having thus introduced the idea of dress, Isabella takes it up, and says : — " O, 'tis the cunning livery of hell, ' The damned'st body to invest and cover In frippery y«i^f/s," [i.e., in mere Deputy's robes.] It is to be noted, that in six other passages in his Plays Shakes- peare introduces the ideas of office, shame, and dress, in connection with each other, e.g. -. — " Isabella. Even so may Angelo, In all his dressings, characts, titles, forms. Be an arch villain." (Act V., Scene 1.) 22 WAS SHAKESPEARE A LAWYER Act III., Sce:n^e 1. 39. "Duke (to Isabella). By this, is your brother saved, your honour untainted, the poor Mariana avenged, and the corrupt Deputy scaled.'''' For " scaled " we propose, as before, to read sealed. In law a seal gave increased value to a document. In Act Y., Scene I, we read, "That's sealed in approbation." The Duke had just before told Isabella that her evidence against Angelo would be insufficient, and he now proposed a plan which would seal his criminality, i.e., make it undoubted. Sce:n^e 2. 40. "EsCALrs. Provost, my hrother Angelo will not be altered." Here Escalus calls Angelo, "my brother." The judges in West- minster Hall still call each other "brother." All these judges first become Serjeants. The Serjeants were originally clericsr and so called each other hrotlier. The black patch on the wig represents the coif, or shaving on the top of the head. It may be, that the custom for the judge to put on the black cap when he pronounces sentence of death, was originally intended to conceal the symbol ol his being of the clerical order. The black cap is but a square covering of the round coif. According to ancient ecclesiastical casuistry, clerics being judges, handed over to the civil officers the duty of inflicting capital punishment. To the present day the bishops in the House of Lords do not take part in the criminal functions of that body. 41. " Escalus (to Buke). I have laboured for the poor gentle- - man [Claudio] to the utmost shore of my modesty ; but my brother justice [Angelo] I have found so severe, that he has forced me to tell him, he is iw^eeA justice.'" In order to remove a platitude we may suppose a legal pun, " So severe," — he is iw^eedi just -ice. WAS SHAKESPEARE A LAWYER ? 23 Act IV., Scene 2. 42. " PoMPEY (to Ahlwrson, the liangman). Pray, Sir, by your good favour, — do you call, Sir, your occupation a mystery ? ABHORSOisr. Ay, Sir; ^mystery.'''' " Mystery," from the French meistier, metier, was an old legal term for a trade or occupation. This appears from what follows : — " ABHORSOisr (to Fompey). Come on, bawd ; I will instruct thee in my trade.'" The usual covenant by a master, in an indenture of apprenticeship to teach his apprentice his "mystery," means to teach him his trade, and not, as often is supposed, the secrets or tricks of his trade. 43. " PoMPEY (to Frovost). I do find your hangman is a more penitent trade than your bawd ; he dotli oftener ash forgive- ness.'''' This refers to the custom of the executioner asking forgiveness of the convict before putting him to death. 44. " AisraELO (in his Notice to the Provost). Then ftiil not to do your office, as you will auswer it at your peril." This is in imitation of the legal phraseology used in English judicial warrants. SCEIN^E 3. 45. " PoMPEY. All great doers in our trade \_i.e. of a bawd] are now for the Lo7xVs sa'ke.'''' Pompey had been describing various prisoners in custody, and ends by saying, that they were "all for the Lord's sake." This refers to a custom of prisoners letting down, by a string from their prison window, a basket, to receive the alms of passers by, whom they would move to pity by crying out, " For the Lord's sake." 24 was shakespeare a lawyer ? Scene 4. 46. " Ais'GELO. He should have liv'd, Save tbat his riotous youth, with dangerous sense, Might in the times to come, have ta'en revenge, By so receiving a dishonour' d life, With ransom of such shame." There is some obscurity in the wording of this passage. " Eansom " is a legal term for a sum of money paid for pardoning some offence. For "receiving a dishonoured life," we prefer to read, reviving a dislwnoiired life. The argument of Angelo seems to be, that if he allowed Claudio to live, who had been put into possession of the fact of Angelo's attempt on Isabella, that Claudio might seek revenge afterwards, by extorting money from Angelo by threatening to revive \_i.e., make public] the secret of his (Angelo's) "dishonoured life." Act y., 8cE]S'E 1. 47. " Maeia:n'a (to Duke). I am afflanced this man's wife." She means, not that she had been married to him, but that a private contract to marry had been made between them ; which Mariana explains by adding, " as strongly as words can make up vows," z.e., without the publicity of marriage ceremonies. "Affianced," in law, is the simple plighting of troth between a man and a woman, or an agreemeut to marry. 48. " DrKE (to IsabeUci). Think'st thou, thy oaths, Though they would sicear doicn each particular saint ^ Were testimonies against his worth and credit, That's scaled in approbation." " Scaled" seems to be used for sealed, as in a previous quotation. The oaths of others were not to be of value as against Angelo, whose words were sealed, i.e., of a higher value, and in approbation. To " swear down each particular saint" seems to refer to a custom WAS SHAKESPEAEE A LAWYER ? 25 of running down a list of saints, and swearing by each in turn, as certain people pray to each saint in turn. 49. " D tJKE. You, Lord Escalus, Sit with my cousin [Angelo]." The Duke here calls Lord Angelo his " cousin," following the English custom, by which peers are called cousins b_y the sovereign. Eor the same reason, probably, that Angelo was ranked as a peer, he had previously made his protestation of his innocence on his " honour," and not on his oath. The Lords deliver their judgments in a criminal matter on " honour" only. 50. "Escalus (sitting as judge with Angelo). The Duke's in us, and we will hear you speak ; • Look you, speak justly." This follows a fiction of English law, already noticed, according to which the sovereign is supposed, though absent, to be present with the judges who administered justice in his name. 51. " Duke {disguised as a Friar). His subject I am not ; Nor his 2^ i'o vine ial.^' The Duke here appearing as a friar, denies that he is a subject of the Duke, or is " his provincial" — a term of ecclesiastical law, which is here applied to a supposed monk living within an ecclesiastical jurisdiction, called a province. 52. " Angelo (to the Duke). Thou good Prince, No longer session lioJd upon my shame. But let my trial be mine own confession.'''' " Session" means the sitting of a court of justice. Angelo wishes to be sentenced on his own confession, and to be spared a public trial and proof by witnesses. 53. " Duke (to Isabella). I am still Attorney'' d at your service." An " attorney " at law represented his client in court, and 26 WAS SHAKESPEAEE A LAWYER ? managed the case in bis absence. It is a good old English title, although that of solicitor, which would be the corresponding title in a suit in Chancery, is now affected. Our Lord is called an attorneij in Wycliff's translation. 54. " Duke (to Mariana). For his [Angelo's] possessions, Although by confiscation they are ours, "We do instate, and ividow you with all." " Confiscation" refers to an old English law, by which, on conviction for certain crimes, the offender's possessions were confiscated to the Crown. For " widow " we prefer to read endow. " We do instate and endow you with all," i.e.., the Duke transferred the confiscated possession as a dowry to Mariana, the Duke adding, " to buy you a better husband." Grood dowries attracted rich husbands. 55. " Ltjcio (to theZ)«/»;e)- Marrying a punk, my lord, is ^^r^ss- incj to death., whipping, and hanging." We have here a legal practice referred to, in " pressing to death." Formerly, if a prisoner would not plead to an indictment, heavy weights were piled .upon his breast until he pleaded, or died under the pressure. WAS SHAKESPEARE A LAWYEll t " ALL'S WELL THAT ENDS WELL." Lord Campbell, from liis published notes on this Play, seems to have discovered in it only a few proofs of Shakespeare's knowledge of law. They are such as show the Poet's acquaintance with some of the incidents of the military tenure of land, or " tenure in chivalry," which existed until the time of Charles 11. On a closer examination of this Play, than that which was made by his Lordship, we detect very numerous proofs which point to the possession by the Poet of a large fund of legal erudition, although it is not so abundant as in Measure for Measure. This difference may, to some extent, be accounted for by the absence from it of scenes favourable to the introd action of legal knowledge. AlVs Well that Ends Well has a peculiarity which fits it for our purpose of comment and correction. It has been noted that it has suffered more corruptions than any of the Plays which have been attributed to Shakespeare. The presence of legal arguments and law terms had been the sources of many misunderstandings to printers, and consequently of blunders ; but many of such errors have been found capable, we conceive, of restoration to intelligibility. Act I., Scene 1. 1. "Countess (to Bertram, her Son). Li delivering my son from me, I bury a second husband. Beiiteam. And I, in going, madam, weep o'er my father's death aneAv ; but I must attend his Majestifs command, to whom I am now in ward, evermore in subjection." Formerly, English sovereigns held not only the possession of estates held in cajpite from the Crown during the minority of the heir to them, but also of the person of the heir himself; and they also claimed the right of disposing of him in marriage, whereby some maiden of the sovereign's choice might be enriched by an alliance with a wealthy bachelor. 28 WAS SHAKESPEAEE A LAWYER ? The expression " in delivering my son," i.e., as a ward to tlie king, is a legal phrase suitable to the occasion. There is evidently a mistake in " I am now a ward evermore in subjection ;" for the custody of the ward ceased on the ward's attaining his majority. AYe therefore jDrefer to read, moreover in subjection, i.e., to his will. 2. " CoujS'tess (speaking oi Helena). She derives her honesty, and achieves her goodness." " She derives " is a legal term, meaning to take by descent from her father, answering to "her disposition she inherits," and is the antithesis to "achieves her goodness" — i.e., it is the result of per- sonal merit. Thus we read in " Twelfth Night " (Act II., Scene 5), " Some are born great, some achieve greatness, and some have great- ness thrust upon them." 3. " CorxTEss (to her Son). And thy goodness Share with th}^ birthright." Here " share" does not mean to be divided with, but means equal to ; as if the Countess had said, Let your share of your father's goodness be equal to your claim on his estate. In " Measure for Measure" (Act I., Scene 1), we read, " Groodness share with thy birthright." 4. " Paeolles (to Selena). He that hangs himself, is a virgin : Virginity murders itself; and should be buried in highways, out of all sanctified limit." This contains a reference to an old law, according to which the body of a person guilty of felo-de-se, or self-murder, was not buried in the churchyard, but in some cross-road. 5. " Parolles (to Helena). Besides, virginity is the most inhi- hited sin in the canon.'" " Inhibited " is a term in ecclesiastical law, and " canon " refers to the canonized Scriptures. But in 1 Tim. v. 14, by "women" under- stand " Avidows." WA.S SHAKESPEARE A LAWYER? 29 6. "Parolles (to Helena). With in ten years it [virginity] will make itself ten, wliicli is a goodly increase ; and the principal itself not much the w^orse." The reference here, is to the practice of lending money at interest. The mother is compared to the " principal," and her children to the interest. Scene 2. 7. " KiiN'G {describing JBertrani' s father) . Who were below him He us'd as creatures of another place ; And bow'd his eminent top to their low ranks, Making them proud of his humility." The words " of another place" are vague. The reference seems to be to the distinction of legal ranks. We should, therefore, prefer to read, he used [i.e., treated] as creatures of a higher place ; thus bringing out the antithesis to " their low ranks." Instead of " making them proud o/'his humility," it might be an improvement to read, hy his humilitg. 8. ^^K.1^ a (dangerously ill). Nature and sickness Debate it at their leisure.''^ A happy metaphor borrowed from courts of law. The life of the patient is the subject debated. There is, perhaps, in the phrase " at their leisure," a sly hit at the prosiness of barristers. Scene 3. 9. " CLOWisr (to his mistress). Service is no heritage.'''' The clown is desiring the Countess's permission to marry, and he intimates that though his father had been a serf of the family, yet that serfdom had ceased, and that therefore he was free to marry as he pleased. 10. " Countess (speaking of Helena io her Steward). Her father 30 WAS SHAKESPEARE A LA\YTEE ? hequeathed her to me ; and slie herself, without other advantage^ may lawfully make title to as much love as she finds." That is : Helena's father had by his will appointed or " bequeathed " his daughter to be a ward of the Countess ; and, although he had left no property with her, still Helena might lawfully look for the love of the Countess, as being her guardian. "To make title to" is a legal phrase. 11. " Couis^TESs. It is the sliew and seal of nature's truth, Where love's strong passion is impressed in youth." Supposing that Shakespeare had engaged in law, we think it not improbable that he wrote, referring to deeds : — It is the sign and seal of nature's truth, When love's strong passion is impressed on youth. 12. " CouK'TESS (to Helena). Come, come, disclose The state of your affections ; for your passions Have to the full appeachedy For "appeached" we should probably use the legal term im- peached. "Appeached" is not elsewhere found in Shakespeare, although he elsewhere uses impeached. (Merchant of Venice, Act III., Scenes 2 & 3 ; Henry YI., Scenes 1 & 4). 13. " Hele]S"a. Whose aged honour cites a virtuous youth." " To cite " does not here mean to quote, but it stands probably for recites. " To recite," in law, means to set forth in a document certain antecedents preliminary to a result. "Aged honour" is assumed to have heem preceded by " a virtuous youth." Act II., ScEXE 1. 14. " King (to a Lord). Let higher Italy (Those lated, that inherit hut the fall Of the last monarchy) see that you come," &c. The application of a little law will bring sense out of these obscure WAS SHAKESPEARE A LAWYER ? 31 lilies. To " bate," or abate, has the special legal meaning, not merely of putting out of possession, but the putting out of a wrongful possessor, in favour of a legal claimant. For " inherit hut the fall," we propose to read inherit ly the fall. The parenthesis will then stand — Those wrongful possessors being abated, or turned out of possession, -^vho took possession on the fall of the last monarchy. 15. " 1st Lord. There's honour in the theft. Parolles. Commit it, Count. 2nd Lord. I am your accessonj ."" An "accessory " in law is a party not actually guilty of a crime as a principal, but yet punishable for assisting in its commission. The 2nd Lord, by his speech, would thus encourage the Count to commit the theft by assuming to himself a liability to punishment for it. 16. "Kii^-G. When our most learned doctors leave us ; and The congregated College have concluded That," &c. The reference is here to a legal charter first granted by Edward VI. to the then formed College of Physicians. SCEIS'E 2. 17. " Clowx. As fit as ten groats is for the hand of an Attorney'' Shakespeare knew that an attorney's fee was 3s. 4d. The singular " is " shows that there was a coin then current worth 10 groats. SCE]N^E 8. 18. " Laeetj. To be relinquished of the artists. Parolles. So I say ; both of G-alen and Paracelsus. Laeeij. Of all the learned and authentic felloius, that gave him up as incurable." Here there is a second reference to the then new Collei2-e of 82 WAS SHAKESPEARE A LAWYER ? PKysiciaus. " AutTientic fellows," i.e., the fellows entitled legally under its provisions to practise medicine. 19. "Ki]S"G (to Helenci). Fair maid, send forth thine eye; this jovitkivl i^arcel Of noble bachelors stand at my bestowing." These "noble bachelors" were wards of the King, and whom, therefore, he might bestow in marriage at his will. This was for- merly the law of England. The phrase "this youthful parcel" is not dignified. Perhaps we should read tliis youthful ])anel, a law term applied to the row of jurors arranged in court. 20. " Kix& (speaking of Helena) . She is young, wise, fair ; In these to Nature she's immediate heir, — I can create the rest : virtue and she Is her own dower ; honour and wealth from me." Here several legal ideas and terms are introduced in accordance with English law. " Immediate heir," not collateral, so that she had her virtues from her father. " Create," a legal term applied to the conferring of titles by the sovereign. "Dower," what the maid brought to her husband on their marriage. Eor " virtue and she," we prefer to read, conjecturally, virtue — virtue has she as her own dower ; thereby correcting grammar. 21. " KiXG (to Bertram) . Thou dost in vile misprison shackle up My love, and her desert." "Misprison" is a Jaw term derived from the Erench word me- pris, i.e., contempt. It is applied to contempt of authority, and is, therefore, here most apposite. 22. "Ki^^a (to Bertram). Grood fortune, and the favour of the king, Smile upon this contract ; whose ceremony Shall seem expedient on this new-born brief And be performed to night ; the solemn feast WAS SHAKESPEARE A LAWTEE ? 33 Shall more attend upon the coming simce^ Expecting absent friends. As thou lov'st her, Thy love's to me religious ; else, does err." This speech is manifestly corrupt. A few alterations and legal explanations may tend to restore it to its original form. The Poet regards marriage from a purely legal point of view when he describes it as a " contract ; " which it is, in the eye of the law. By "religious," in connection with "love," is meant a public religious celebration, not by 'private contract. By " coming state," a reference is made to the title to be conferred on Helena by the King. We propose to alter the lines thus : — Grood fortune, and the favour of the King, Smile upon this contract. Sucli like ceremony As seems expedient on this new-born love Sliall be performed to-night. The solemn feast Shall soon attend upon the coming state, Expecting absent friends. As thou lov'st her. Thy love's to he religious ; else does err. 23. " Laeeu. By mine honour, if I were but two hours younger, I'd heat thee ; methinks thou art a general offence, and every man should heat thee." A slight alteration and a legal explanation will bring out the point of these lines. Eor "beat" we would read ahate, which is a legal term, meaning to remove a nuisance. By " general offence" is meant a puhlic nuisance, which any person might by law abate or remove. This is one of the two ancient legal rights of the time when men were free to protect themselves. Anyone, without evoking the aid of a constable, may remove a nuisance from a public road ; and every landlord may help himself to his tenant's goods for rent in arrear. Scene 5. 24. " Lafetj. Ton have it from his own deliverance. Bertram. And by other warranted testimony.'' D 34 WAS SHAKESPEARE A LAWTEE ? " Deliverance," in law, means a declaring. The jury on a criminal trial are sworn to make a true deliverance, i.e., to deliver a true verdict. It seems to be unwise still to retain, in the common oath of jurymen, a word which common jurymen would rarely understand. Por "warranted testimony" it would probably be better to read loarran ting tes timony . 25. " Paeolles (to Lafeu), I know not how I have deserved to run into my lord's displeasure. Laeeti. You have made shift to run into't ; — and out of it you'll run again, rather than snffer question for your residence." To " suffer question " seems to refer to questioning by torture, i.e., to be severely punished if he refused to go away. Act III., Scene 2. 26. " Clowx. I knew a man that had a trick of melancholy, hold a goodly manor for a song." Manors were sometimes granted by kings to be held by the pay- ment of very frivolous services ; but such a tenure is not referred to by the clown. We therefore prefer to read, sold a goodly manor for a song. Scene 4. 27. " Countess (to Steward). He cannot thrive, Unless her prayers, whom Heaven deHghts to hear, And loves to grant, reprieve him from the Wrath of yrm^es^ justice."^ " Reprieve " is a legal term, from the French repris, and subse- quently passed into common use. It means the suspended execu- tion of punishment For "greatest jusUce" we should probably read strictest justice ; for justice scarcely admits of degrees, but the infliction of its penalties may. WAS SHAKESPEAEE A LAWYER ? 35 Act IV., Scene 2. 28. " DiAiSTA (to Bertrani).. Ay, so you serve us, Till we serve you ; but wlieu you have our roses, You barely [q. basely] leave our thorns to prick ourselves. And mock us with our bareness [q. baseness]. Bertram (to Diana). How have I sworn! Diana. 'Tis not the many oaths that make the truth, Eut the plain single vow, that is vowed true. What is not holy, that we swear not by, But take the Highest to witness. Then, pray you, tell me. If I should swear by Jove's great attributes, I lov'd you dearly, would you believe my oaths, "When I did love you ill ? This has no holding. To swear by him whom I protest to love, That I will work against him ; therefore your oaths Are words, and poor conditions ; but unsealed, — At least in my opinion." These lines are full of reference to legal matters. We find sworn, vowed, conditions, and unsealed. It will be difficult to trace the course of argument introduced, until some one can ingeniously restore the passage from evident corruptions. 29. "Diana (to Bertrani). Thus your own proper wisdom Brings in the champion, Honour, on my part. Against your vain assault.''^ " A champion " was, in ancient law, a person who fought on behalf of another in a trial by combat — a mode of decision which was a few years since abolished by Act of Parliament. Scene 3. 30. "1st Lord. Now, G-od delay our rebellion; as we are ourselves, what things are we ? " This prayer, " God delay our rebellion," is devoid of meaning. 36 WAS SHAKESPEAEE A LAWTEK ? Bertram's seduction of Diana liad just been spoken of, — tlie Lord who had been a party to it might therefore say, Xow Grod delay our retribution. 31. " 1st Loed. Her death was faithfully confirmed by the rector of the place." In England the " rector " of parish, or other incumbent, kept registers of burials and gave certificates of burials, to be used as evidence. 32. " 2>-D Loed. Hath the Count all this intelligence ? 1st Loed. Ay, — and the particular confirmations, point from point, to the full arming of the verity." For "arming" we prefer to read arraying of the verity; for to array is an old legal term signifying to set forth in order. 33. " Beeteam. I have to-night despatched sixteen businesses, a month's length apiece, by an ahstract of success.''' "An absti'act of success" can be best explained by referring to the law. " An abstract" means an abridgement ; and as to " success," it is elsewhere used by Shakespeare for succession; so that this obscure phrase may mean in qidch succession. 34. " 1st Soldiee (to JParoUes). Shall I set down your answer so? Paeolles. Do ; I'll tahe the sacrament on 't, how and wliich way you will." There is here a reference to an old solemn form of taking an oath. Sometimes a person was to be sworn on the host, as here ; sometimes on the relics of saints, as Harold is said to have sworn to William ; and, as now, men swear over the Grospels by kissing the book. 35. " Paeolles. Sir, for a quart d'ecu he will sell tlnQfee simple WAS SHAKESPEAEE A LAWYER 37 of his salvation, the inheritance of it ; and cut the entail from all remainders, and o^ perpetual succession for it perpetually ^ Here is a crop of legal phraseology, and the idea intended to be conveyed is clear ; but as Shakespeare is putting law terms into the mouth of a layman, he, as usual, salts them with blunders. The reference is to an estate held in fee, in tail, and in mortmain. Scene 4. 36. " IIelet?"a (to Widoiv). Doubt not, but Heaven Hath brought me up to he your daughter s dower, As it hath been fated her to be my motive And helper to a husband." Helena means, by " to be your daughter's dower," that by the accomplishment of the plan in which the daughter had been the " motive," i.e., a means in joining a husband to Helena (Vide Othello, Act ly.. Scene 2), she, Helena, would be enabled to provide a dower or dowry for the daughter's own marriage. ScEis-E 5. 37. " CoFNTESS (to Lafeu). My lord, that's gone, made himself much sport out of him [the Clown'] : by his authority he remains here, which he thinks is a patent for his sauciness ; and, indeed, he has no pace, but runs where he will." Tor " pace " we should read place. The reference would then be to the law of letters patent, by which a sovereign conferred place and duty. 38. " Laeeu (to the Countess). Madame, I was thinking with what manners I might safely be admitted [i.e., to the presence of the King]. " Countess. You need but plead jo^xv honourable privilege, " Laeetj. Of that I have made a hold charter ; but, I thank my G-od, it holds yet." 38 WAS SHAKESPEAEE A LAWYER? By "your honourable privilege" is probably meant the right of a peer (and such Lafeu was) to have at any time an audience with his sovereign. But what is meant by "a bold charter?" May it refer to hed-cJiamher, and to the high office of c]iamhe7^Iain, the holder of which office would have ever ready access to the King ? Act v., Scene 2. 39. " Lafeu (to FaroUes, begging alms of him). There's a quart cVecu for you ; but the justices make you and fortune friends." The reference is to the Poor Law, by which Justices of the Peace had to grant a pauper's maintenance. SCEISIE 3. 40. " Beeteam (to Lafeii). ISToble she was, and thought I stood ingag'd ; but when I had suhscriVd To mine own fortune, and inform'd her fully, I could not answer in that course of honour As she had made the overture, she ceas'd, In heavy satisfaction, and would never Eeceive the ring again." There are obscurities in this passage. The following emendations may perhaps be accepted. Instead of "I had subscribed to mine own fortune," read, I had described to her my fortune. And instead of " In heavy satisfaction," read, on having satisfaction, which was originally a legal expression. Lawyers speak of entering satisfaction on a judgment against a party. 41. " KiN"G (to Bertram). She call'd the saints to surety, That she would never put it from her finger, Unless," &c. " Surety" is a legal term, standing for hail, or parties bound on behalf of another. WAS SIIAKESPEAEE A LAWYER? S9 42. " Lafeu, I will huy me a son-in-law in Qcfaiy% and toll ; for this, I'll none of him." An old law can most easily explain this passage. If a beast were purchased in a marhet oicverf, and such was ^fair, and the toll due thereon was paid, a purchase so made was good against all the world, even though the beast had been previously stolen. We should therefore prefer to read — I will huy me a son-in-law in a fair, and pay toll: for this, — I'll none of him. Lafeu had expected to have got Bertram for his son-in-law, and it had been fully ar- ranged, when his expectations are blasted by the re-appearance of Helena, who claims Bertram for herself. Lafeu means that he will take care not to be ever so let in again. Who but a lawyer would have introduced an analogy from such a source ? 43. " Diana (accused, to the King). I'll put in hail, my liege. Grood mother, fetch my hail. ThQ jeweller, that owes [owns] the ring, is sent for. And he shall surety me." The quick-witted Diana, having been threatened to be sent to prison, and knowing her innocence, talks as if she were well acquainted with the law of hail, or suretysliip. "Jewellers" were formerly the only bankers, and being, therefore, considered wealthy, were unexceptionable bail. We have thus completed a closer examination of two of Shakes- peare's Plays, "Measure for Measure" and "All's "Well that Ends AVell," than that which they had received from Lord Campbell. In the first of these Plays we have detected fifty-five, and in the second forty-three passages, which supply evidence, more or less suggestive, of Shakespeare's being well acquainted with English law ; and not only so, but they prove that his thoughts were, as a practitioner's, full of it. In addition, we have attempted to throw light on many 40 WAS SHAKE SPEAEE A LAWTEE ? obscure speeches, and to correct many apparently corrupt words and phrases, by bringing them under a legal focus. In our examination of the two Plays we have met with many other legal terms, but to which we have not called attention, e.y., proclamation, peculiar fel- lowship, under penalty, convented, infringe, vouch, disvouch, tender down, quests, &c. Such is the amount of legal lore displayed by Shakespeare in the two Plays, that we have been driven to the conclusion that he must have been practically acquainted with English law, and, therefore, that the seven years in his early life, which his biographers have been unable to account for, were spent in an attorney's office at Stratford. He was not a mere dabbler in picked-up law- He never lays down bad law, except intentionally, when the speakers are not professional men; and then there is an evident intention of throwing ridicule on such pretenders to legal knowledge. Shakespeare must have been an adept in English law, or he would not have ventured to show up a pretentious ignorance of it in others. There is one test which might be applied as to the correctness of the conclusion at which we have arrived as to Shakespeare's know- ledge of law. Let the plays of the dramatists who preceded, or were contemporary with him, be examined, and if they are not so full of legal knowledge as Shakespeare's, the question, Why not ? will remain to be answered. It maybe objected, that in several of Shakespeare's Plays there is not the same manifest exuberance of a legal mind as in the two which have now been examined. This may be true ; but, as a negative argument, it avails but little against the positive evidence deduced from two of his Plays. Nor is the doubt in which Lord Campbell left the question which was before him of much moment ; for if his cursory examination had been extended to the gathering together of all the evidence which lay unrecognized before him, his conclusion would probably have raised the Poet to at least an honorary membership of his own learned profession. Our G-reat Dramatist has been rarely criticized by a member of the legal profession. It were, therefore, much to be desired that some competent lawyers, moved by a spirit of reverence towards his WAS SHAKESPEAKE A LAWYER? 41 memory, and feeling within themselv^es critical instincts and tlie power of patiently kneeling before doubts, should set themselves to study attentively, and to cleanse lovingly one of the noblest, and, as we think, one of the most defaced monuments of genius in existence ; and so wipe away the spots which, though many of them are small, yet in fact are almost innumerable, are hiding, like a veil, the object of all praise. Then would they turn that honour, which with the many is now but a blind superstition, into an open- eyed appreciation of the Poet's works. There was a time when the early printed texts of Shakespeare's Plays were regarded with such reverence that the critics strained their art to justify what was unjustifiable. But a change has come Instead of now assuming the correctness of the early texts, and thereby heaping on the Poet's fame the grossest charges of incapa- city and carelessness, it is assumed, both wisely and justly, that the printers of his Plays were wrong ; and we know that the Poet had nothing to do with them. It has often been a matter of wonder- ment with students of the Plays how the innumerable errors and gross absurdities, which are patent on the early texts, could have crept into existence. The only solution which we suggest is this : That the printers first employed in England were from Grermany (where the printing art was born), and that they were but imperfectly acquainted with the English tongue, and therefore innocent of a legal capacity of knowing whether they were printing sense or not. PRINTED BV WITHERBY & CO., MIDDLE ROW PLACE, HOLBORN. Hy the same Anfhor ANNE BOLEYN. A Tragedy. " Vigorous and polished." — Observer. " Some really good passages in it ; it indicates throughout an elegant and cultivated mind." — Illustrated Weekly Neivs. "Powerful hlank verse, sound principles, and poetic feeling." — Western Times. Price 5s. KENT & CO. ON THE USE OE JEHOVAH AND ELOHIM IN THE PENTATEUCH, AS CONSISTENT WITH AND CONEIEMATOEY OE ITS MOSAIC AUTHOESHIP. ** A remarkable book. We think that the premises may be considered as in a high degree correct." — Cambridge University Chronicle. " There is considerable merit in this brief treatise." — Westminster Eeview. Price 2s. Qd. LONGMANS & CO. Preparing for Publica tio n . ON THE GENUINENESS AND MOSAIC AUTHOESHIP OE THE PENTATEUCH CONSIDEEED AS A LAW-BOOK. 14 DAY USF -n;KNTOOBSKrKOM^S,BORKOWBD LOAN DEPT REC'D LD Mires -5 (fM ?A/ LD 2lA-607n-4 (E45 64 ooslO)476B . General Library Tm-'. '• CD3S3mb57