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16-is shakespeare dead-第9章

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But when a layman ventures to plunge deeply into legal

subjects; he is naturally apt to make an exhibition of his

incompetence。  〃Let a non…professional man; however acute;〃

writes Lord Campbell again; 〃presume to talk law; or to draw

illustrations from legal science in discussing other subjects;

and he will speedily fall into laughable absurdity。〃



And what does the same high authority say about Shakespeare?

He had 〃a deep technical knowledge of the law;〃 and an easy

familiarity with 〃some of the most abstruse proceedings in

English jurisprudence。〃  And again:  〃Whenever he indulges this

propensity he uniformly lays down good law。〃  Of 〃Henry IV。;〃

Part 2; he says: 〃If Lord Eldon could be supposed to have written

the play; I do not see how he could be chargeable with having

forgotten any of his law while writing it。〃  Charles and Mary

Cowden Clarke speak of 〃the marvelous intimacy which he displays

with legal terms; his frequent adoption of them in illustration;

and his curiously technical knowledge of their form and force。〃

Malone; himself a lawyer; wrote:  〃His knowledge of legal terms

is not merely such as might be acquired by the casual observation

of even his all…comprehending mind; it has the appearance of

technical skill。〃  Another lawyer and well…known Shakespearean;

Richard Grant White; says:  〃No dramatist of the time; not even

Beaumont; who was the younger son of a judge of the Common Pleas;

and who after studying in the Inns of Court abandoned law for the

drama; used legal phrases with Shakespeare's readiness and

exactness。  And the significance of this fact is heightened by

another; that is only to the language of the law that he exhibits

this inclination。  The phrases peculiar to other occupations

serve him on rare occasions by way of description; comparison; or

illustration; generally when something in the scene suggests

them; but legal phrases flow from his pen as part of his

vocabulary and parcel of his thought。  Take the word 'purchase'

for instance; which; in ordinary use; means to acquire by giving

value; but applies in law to all legal modes of obtaining

property except by inheritance or descent; and in this peculiar

sense the word occurs five times in Shakespeare's thirty…four

plays; and only in one single instance in the fifty…four plays of

Beaumont and Fletcher。  It has been suggested that it was in

attendance upon the courts in London that he picked up his legal

vocabulary。  But this supposition not only fails to account for

Shakespeare's peculiar freedom and exactness in the use of that

phraseology; it does not even place him in the way of learning

those terms his use of which is most remarkable; which are not

such as he would have heard at ordinary proceedings at NISI

PRIUS; but such as refer to the tenure or transfer of real

property; 'fine and recovery;' 'statutes merchant;' 'purchase;'

'indenture;' 'tenure;' 'double voucher;' 'fee simple;' 'fee

farm;' 'remainder;' 'reversion;' 'forfeiture;' etc。 This

conveyancer's jargon could not have been picked up by hanging

round the courts of law in London two hundred and fifty years

ago; when suits as to the title of real property were

comparatively rare。  And 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

continuous employment involves the element of time; and time was

just what the manager of two theaters had not at his disposal。

In what portion of Shakespeare's (i。e。; Shakspere's) career would

it be possible to point out that time could be found for the

interposition of a legal employment in the chambers or offices of

practicing lawyers?〃



Stratfordians; as is well known; casting about for some

possible explanation of Shakespeare's extraordinary knowledge of

law; have made the suggestion that Shakespeare might;

conceivably; have been a clerk in an attorney's office before he

came to London。  Mr。 Collier wrote to Lord Campbell to ask his

opinion as to the probability of this being true。  His answer was

as follows:  〃You require us to believe implicitly a fact; of

which; if true; positive and irrefragable evidence in his own

handwriting migh

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