d a very extensive and accurate knowledge of law, but that he was well acquainted with
laymen, for only lawyers know how impossible it is for those who have not served an apprenticeship to the law to avoid displaying their ignorance if they venture to employ legal terms and to discuss legal doctrines. "There is nothing so dangerous," wrote Lord Campbell, "as for one not of the craft to tamper with our freemasonry." A layman is certain to betray himself by using some expression which a lawyer would never employ. Mr. Sidney Lee himself supplies us with an example of this. He writes (p. 164): "O
competence. "Let a non-professional man, however acute," writes Lord Campbell again, "presume to talk law, or to dra
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 it 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 thi
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 evi
udge-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., h
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 ac
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 might have been forthcoming to establish it. Not having been actually enrolled as an attorney, neither the records of
ways leaving traces of his work and name." There is not a single fact or incident in all that is known of Shakespeare, even by rumor or tradition, which supports this notion of a clerkship. And after much argument and surmise whic
six attorneys, beside the town clerk, belonging to it, and it is certainly not straining probability to suppose that the young Shakespeare may have had employment in one of them. There is, it is true, no tradition to this effect, but such traditions as we have about Shakespeare's occupatio
rk hypothesis, on the other hand, there is not the faintest vestige of a tradition. It has been evolved out of the fertile imaginations of embarrassed Stratfordians, seeking for some explanation of the Stratford rustic's marvellous acquaintance with law and legal terms and legal life. But Mr. Churton Collins has not the least hesitation in throwing over the tradition which has the warrant of antiquity and setting up in its stead this ridiculous invention, for which not only is there no shred of positive evidence, but which, as Lord Campbell and Lord Penzance point out, is real
could have so gained) his remarkable knowledge of law. Can we then for a moment believe that, if this had been so, tradition would have been absolutely silent on the matter? That Dowdall's old
prentice. Away, therefore, with tradition. But the author of the Plays and Poems must have had a very large and a very accurate knowledge of the law. Therefore, Shakespeare of Stratford must have been an attorney's clerk! The method is simplicity itself. By similar reasoning Shakespeare has been made a
ing a sailor or a soldier. (Wrong again. Why even Messrs. Garnett and Gosse 'suspect' that he was a soldier!) This may be conceded, but the concession hardly furnishes an analogy. To these and all other subjects he recurs occasionally, and in season, but with reminiscences of the law his memory, as is abundantly clear, was simply saturated. In season and out of season now in manifest, now in recondite application, he presses it into the service of expression and illustration. At least a third of his myriad metaphors are derived from it. It would indeed be difficult to find a single act in any of his dramas, nay, in some of them, a single scene, the diction and imagery o
ft him, that as a young man in London, he continued to study or dabble in it for his amusement, to stroll in leisure hours into the Courts, and to frequent the society of lawyers. On no other supposition is it possible to explain the attraction
osition, namely, that Shakespeare was himself a lawyer, well versed in his trade, versed in all
I do not attach quite so much importance to his pronouncements on this branch of the subject as to those of Malone, Lord Campbell, Judge Holmes, Mr.
No one doubts that. The holding of horses is scouted by many, and perhaps with justice, as being unlikely and certainly unproved; but whatever the nature of his employment was at the theatre, there is hardly room for the belief that it could have been other than continuous, for his progress there was so rapid. Ere long he had been taken into the company as an actor, and was soon spoken of as a 'Johannes Factotum.' His rapid accumulation of wealth speaks volumes for the constancy and activity of his services. One fails to see when there could be a break in the current of his life at this period of it, giving room or opportunity for legal or indeed any other employment. 'In 1589,' says Knight, 'we have undeniable evidence that he had not only a casual engagement, was not only a salaried servant, as many players were, but was a shareholder in the company of the Queen's players with other shareholders below him on the list.' This (1589) would be within two years after his arrival in London, which is placed by White and Halliwell-Phillipps about the year 1587. The difficulty in supposing that, starting with a state of ignorance in 1587, when he is supposed to
arly life, amid multifarious other occupations, for the study of classics, literature and law, to say nothing of languages and a few other matters. Lord Penzance further asks his readers: "Did you ever meet with or hear of an instance in which a young man in this country gave himself up to legal studies and engaged in legal employments, whic
*
nd must-have-beens, and the rest of that ton of plaster of paris out of which the biographers have built the colossal brontosaur which goes by the Stratford actor's name, that
ite these
sh I