property, ‘fine and recovery,’ ‘statutes merchant,’ ‘purchase,’
‘indenture,’ ‘tenure,’ ‘double voucher,’ ‘fee simple,’ ‘fee
farm,’ ‘remainder,’ ‘reversion,’ ‘forfeiture,’ etc. This
conveyancer’s jargon could not have been picked up by hanging
round the courts of law in London two hundred and fifty years
ago, when suits as to the title of real property were
comparatively rare. And besides, Shakespeare uses his law just
as freely in his first plays, written in his first London years,
as in those produced at a later period. Just as exactly, too;
for the correctness and propriety with which these terms are
introduced have compelled the admiration of a Chief Justice and a
Lord Chancellor.”
Senator Davis wrote: “We seem to have something more than a
sciolist’s temerity of indulgence in the terms of an unfamiliar
art. No legal solecisms will be found. The abstrusest elements
of the common law are impressed into a disciplined service. Over
and over again, where such knowledge is unexampled in writers
unlearned in the law, Shakespeare appears in perfect possession
of it. In the law of real property, its rules of tenure and
descents, its entails, its fines and recoveries, their vouchers
and double vouchers, in the procedure of the Courts, the method
of bringing writs and arrests, the nature of actions, the rules
of pleading, the law of escapes and of contempt of court, in the
principles of evidence, both technical and philosophical, in the
distinction between the temporal and spiritual tribunals, in the
law of attainder and forfeiture, in the requisites of a valid
marriage, in the presumption of legitimacy, in the learning of
the law of prerogative, in the inalienable character of the
Crown, this mastership appears with surprising authority.”
To all this testimony (and there is much more which I have
not cited) may now be added that of a great lawyer of our own
times, VIZ.: Sir James Plaisted Wilde, Q.C. 1855, created a
Baron of the Exchequer in 1860, promoted to the post of Judge-
Ordinary and Judge of the Courts of Probate and Divorce in 1863,
and better known to the world as Lord Penzance, to which dignity
he was raised in 1869. Lord Penzance, as all lawyers know, and
as the late Mr. Inderwick, K.C., has testified, was one of the
first legal authorities of his day, famous for his “remarkable
grasp of legal principles,” and “endowed by nature with a
remarkable facility for marshaling facts, and for a clear
expression of his views.”
Lord Penzance speaks of Shakespeare’s “perfect familiarity
with not only the principles, axioms, and maxims, but the
technicalities of English law, a knowledge so perfect and
intimate that he was never incorrect and never at fault. . . .
The mode in which this knowledge was pressed into service on all
occasions to express his meaning and illustrate his thoughts was
quite unexampled. He seems to have had a special pleasure in his
complete and ready mastership of it in all its branches. As
manifested in the plays, this legal knowledge and learning had
therefore a special character which places it on a wholly
different footing from the rest of the multifarious knowledge
which is exhibited in page after page of the plays. At every
turn and point at which the author required a metaphor, simile,
or illustration, his mind ever turned FIRST to the law. He seems
almost to have THOUGHT in legal phrases, the commonest of legal
expressions were ever at the end of his pen in description or
illustration. That he should have descanted in lawyer language
when he had a forensic subject in hand, such as Shylock’s bond,
was to be expected, but the knowledge of law in ‘Shakespeare’ was
exhibited in a far different manner: it protruded itself on all
occasions, appropriate or inappropriate, and mingled itself with
strains of thought widely divergent from forensic subjects.”
Again: “To acquire a perfect familiarity with legal principles,
and an accurate and ready use of the technical terms and phrases
not only of the conveyancer’s office, but of the pleader’s
chambers and the Courts at Westminster, nothing short of
employment in some career involving constant contact with legal
questions and general legal work would be requisite. But a