SHAKESPEARE LAW LIBRARY

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RETROSPECT

Having concluded my examination of Shakespeare’s juridical phrases and forensic allusions—on the retrospect I am amazed, [133] not only by their number, but by the accuracy and propriety with which they are uniformly introduced. There is nothing so dangerous as for one not of the craft to tamper with our free-masonry. In the House of Commons I have heard a county member, who meant to intimate that he entirely concurred with the last preceding speaker, say, "I join issue with the honourable gentleman who has just sat down;" the legal sense of which is, "I flatly contradict all his facts and deny his inferences." JUNIUS, who was fond of dabbling in law, and who was supposed by some to be a lawyer (although Sir Philip Francis, then a clerk in the War Office, is now ascertained, [134] beyond all doubt, to have been the man), in his address to the English nation, speaking of the House of Commons, and wishing to say that the beneficial interest in the state belongs to the people, and not to their representatives, says, "They are only trustees; the fee is in us." Now every attorney’s clerk knows that when land is held in trust, the fee (or legal estate) is in the trustee, and that the beneficiary has only an equitable interest. While Novelists and Dramatists are constantly making mistakes as to the law of marriage, of wills, and of inheritance—to Shakespeare’s law, lavishly as he propounds it, there can neither be demurrer nor bill of exceptions, nor writ of error.

He is no doubt equally accurate in referring to some other professions, but these references are rare and comparatively slight. Some have contended that he must have been by trade a gardener, from the conversation, in the Winter's Tale, between Perdita, Polixenes, and Florizel, about raising carnations and gilliflowers, and the skilful grafting of fruit trees. Others have contended that [135] Shakespeare must have been bred to the sea, from the nautical language in which directions are given for the manuœuvring of the ship in the Tempest, and from the graphic description in Henry IV’s soliloquy of the "high and giddy mast," of the "ruffian billows," of the "slippery shrouds," and of "sealing up the ship boy’s eyes." Nay, notwithstanding the admonition to be found in his works, "Throw physic to the dogs," it has been gravely suggested that he must have been initiated in medicine, from the minute inventory of the contents of the apothecary’s shop in Romeo and Juliet. But the descriptions thus relied upon, however minute, exact, and picturesque, will be found to be the result of casual observation, and they prove only nice perception, accurate recollection, and extraordinary power of pictorial language. Take the last instance referred to—Romeo’s photograph of the apothecary and his shop.

Meagre were his looks,
Sharp misery had worn him to the bones:
And in his needy shop a tortoise hung,
An alligator stuffed, and other skins [136]
Of ill-shaped fishes; and about his shelves
A beggarly account of empty boxes.
Green earthen pots, bladders and musty seeds,
Remnants of packthread and old cakes of roses,
Were thinly scattered to make up a show. (Act V, Sc. 1.)

Any observing customer, who had once entered the shop to buy a dose of rhubarb, might have safely given a similar account of what he saw, although utterly ignorant of Galen and Hippocrates. But let a non-professional man, however acute, presume to talk law, or to draw illustrations from legal science in discussing other subjects, and he will very speedily fall into some laughable absurdity.

To conclude my summing up of the evidence under this head, I say, if Shakespeare is shown to have possessed a knowledge of law, which he might have acquired as clerk in an attorney’s office in Stratford, and which he could have acquired in no other way, we are justified in believing the fact that he was a clerk in an attorney’s office at Stratford, without any direct proof of the fact. Logicians and jurists allow us to infer a fact of [137] which there is no direct proof, from facts expressly proved, if the fact to be inferred may have existed, if it be consistent with all other facts known to exist, and if facts known to exist can only be accounted for by inferring the fact to be inferred.

But, my dear Mr. Payne Collier, you must not from all this suppose that I have really become an absolute convert to your side of the question. ÆNEAS, while in the shades below, for a time believed in the reality of all he seemed to see and to hear; but, when dismissed through the ivory gate, he found that he had been dreaming. I hope that my arguments do not "come like shadows, so depart." Still I must warn you that I myself remain rather sceptical. All that I can admit to you is that you may be right, and that while there is weighty evidence for you, there is nothing conclusive against you.

Resuming the Judge, however, I must lay down that your opponents are not called upon to prove a negative, and that the onus probandi rests upon you. You must likewise remember that you require us implicitly to believe [138] a fact, which, were it true, positive and irrefragable evidence in Shakespeare’s own handwriting might have been forthcoming to establish it. Not having been actually inrolled as an attorney, neither the records of the local court at Stratford, nor of the superior courts at Westminster, would present his name, as being concerned in any suits as an attorney; but it might have been reasonably expected that there would have been deeds or wills witnessed by him still extant—and, after a very diligent search, none such can be discovered. Nor can this consideration be disregarded, that between Mash’s Epistle in the end of the 16th century, and Chalmers’s suggestion more than two hundred years after, there is no hint by his foes or his friends of Shakespeare having consumed pens, paper, ink, and pounce in an attorney’s office at Stratford.

I am quite serious and sincere in what I [139] have written about Nash and Robert Greene having asserted the fact; but I by no means think that on this ground alone it must necessarily be taken for truth. Their statement that he had belonged to the profession of the law may be as false as that he was a plagiarist from Seneca. Nash and Robert Greene may have invented it, or repeated it on some groundless rumour. Shakespeare may have contradicted and refuted it twenty times; or, not thinking it discreditable, though untrue, he may have thought it undeserving of any notice. Observing what fictitious statements are introduced into the published "Lives" of living individuals, in our own time, when truth in such matters can be so much more easily ascertained, and error so much more easily corrected, we should be slow to give faith to an uncorroborated statement made near three centuries ago by persons who were evidently actuated by malice. [140]

What you have mainly to rely upon (and this consideration may prevail in your favour with a large majority of the literary world) is the seemingly utter impossibility of Shakespeare having acquired, on any other theory, the wonderful knowledge of law which he undoubtedly displays. But we must bear in mind that, although he was a mortal man, and nothing miraculous can be attributed to him, he was intellectually the most gifted of [141] mankind, and that he was capable of acquiring knowledge where the opportunities he enjoyed would have been insufficient for any other. Supposing that John the father lived as a gentleman, or respectably carried on trade as one of the principal inhabitants of the town, and that William the son, from the time of leaving the grammar-school till he went to London, resided with his father, assisting him in the management of his houses and land and any ancillary business carried on by him—the son might have been in the habit of attending trials in the Stratford Court of Record, and when of age he might have been summoned to serve as a juryman there or at the Court Leet; he might have been intimate with some of the attorneys who practiced in the town and with their clerks, and while in their company at fairs, wakes, church ales, bowling-, bell-ringing-, and hurling-matches, he might not only have picked up some of their professional jargon, but gained some insight into the principles of their calling, which are not without interest to the curious. [142]

Moreover, it is to be considered that, although Shakespeare in 1589 was unquestionably a shareholder in the Blackfriars Theatre, and had trod the boards as an actor, the time when he began to write for the stage is uncertain; and we are not in possession of any piece which we assuredly know to have been written and finished by him before the year 1592. Thus there was a long interval between his arrival in London and the publication of any of the dramas from which my selections are made. In this interval he was no doubt conversant with all sorts and conditions of men. I am sorry to say I cannot discover that at any period of his life Lord Chancellors or Lord Chief Justices showed the good taste to cultivate his acquaintance. But he must have been intimate with the students at the Inns of Court, who were in the habit of playing before Queen Elizabeth at Greenwich, as he [143] took a part in these court theatricals; and the author, in all probability, was present among the lawyers when ‘Twelfth Night’ was brought out at the Readers’ Feast in the Middle Temple, and when ‘Othello’ was acted at Lord Chancellor Ellesmere’s before Queen Elizabeth.

Shakespeare, during his first years in London, when his purse was low, may have dined at the ordinary in Alsatia, thus described by Dekker, where he may have had a daily surfeit of law, if, with his universal thirst for knowledge, he had any desire to drink deeply at this muddy fountain:

"There is another ordinary at which your London usurer, your stale bachelor and your thrifty attorney do resort; the price three-pence; the rooms as full of company as a gaol; and indeed divided into several wards, like the beds of en hospital. * * * If they chance to discourse, it is of nothing but of statutes, bonds, recognizances, fine, recoveries, audits, rents, subsidies, sureties, enclosures, liveries, indictments, outlawries, feoffments, judgments, commissions, bankrupts, amercements, and of such horrible matter."—Dekker’s Gull’s Hornbook, 1609.

In such company a willing listener might [144] soon make great progress in law; and it may be urged, that I have unconsciously exaggerated the difficulty to be encountered by Shakespeare in picking up his knowledge of that which I myself have been so long labouring to understand. Many may think that Shakespeare resembles his own Prince Hal, when reformed and become Henry V, who, notwithstanding his revels in East Cheap, and with no apparent opportunities of acquiring the knowledge he displayed, astonished the world with his universal wisdom:

Hear him but reason in divinity,
And, all-admiring, with an inward wish,
You would desire the king were made a prelate
Hear him debate of commonwealth affairs,
You would say, it hath been all-in-all his study.
List his discourse of war, and you shall hear
A fearful battle render’d you in music.
Turn him to any cause of policy,
The Gordian knot of it he will unloose
Familiar as his garter; that, when he speaks,
The air, a chartered libertine, is still,
And the mute wonder lurketh in man’s ears
To steal his sweet and honeyed sentences;
So that the art, and practick part of life,
Must be the mistress to this theorick.
                    Henry V.,
Act I, Sc. 1.
[145]

We cannot argue with confidence on the principles which would guide us to safe conclusions respecting ordinary men, when we are reasoning respecting one of whom it was truly said:

Each change of many-coloured life he drew,
Exhausted worlds, and then imagined new;
Existence saw him spurn her bounded reign,
And panting Time toiled after him in vain.

And now, my dear Hr. Payne Collier, I must conclude. Long ago, I dare say, you were heartily sorry that you ever thought of taking the opinion of counsel on this knotty point; and at last you may not only exclaim, "I am no wiser then I was," but shaking your head, like old DEMIPHO in ‘Terence,’ after being present at a consultation of lawyers on the validity of his son’s marriage, you may sigh and say, "Incertior sum multo quam dudum."

However, if my scepticism and my argumentation (worthy of Serjeant Eitherside) should stimulate you deliberately to reconsider the question, and to communicate your matured judgment to the world, I shall not have doubted or hallucinated in vain. By another outpouring of your Shakespearian lore you may entirely convince, and at all events you will much gratify,

Your sincere admirer and friend,

(Signed)         CAMPBELL  

THE END

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