The Atlantic Monthly, Volume 04, No. 21, July, 1859 eBook

This eBook from the Gutenberg Project consists of approximately 337 pages of information about The Atlantic Monthly, Volume 04, No. 21, July, 1859.

The Atlantic Monthly, Volume 04, No. 21, July, 1859 eBook

This eBook from the Gutenberg Project consists of approximately 337 pages of information about The Atlantic Monthly, Volume 04, No. 21, July, 1859.

Here, then, is Shakespeare using the technical language of conveyancers in his earliest works, and before he had had much opportunity to haunt the courts of law in London, even could he have made such legal acquirements in those schools.  We find, too, that he uses law-terms in general with frequency notably greater—­in an excess of three or four to one—­than any of the other playwrights of his day, when so many playwrights were or had been Noverints or of the Inns of Court; that this excess is not observable with regard to his use of the vocabulary peculiar to any other occupation or profession, even that of the actor, which we know that he practised for many years; but that, on the contrary, although he uses other technical language correctly, he avails himself of that of any single art of occupation with great rarity, and only upon special occasions.  Lord Campbell remarks, as to the correctness with which Shakespeare uses legal phrases,—­and this is a point upon which his Lordship speaks with authority,—­that he is amazed “by the accuracy and propriety with which they are introduced,” and in another place adds, that Shakespeare “uniformly lays down good law”; and it is not necessary to be a Chief Justice of the Queen’s Bench to know that his Lordship is fully justified in assuring us that “there is nothing [of the kind (?)] so dangerous as for one not of the craft to tamper with our free-masonry.”  Remembering, then, that genius, though it reveals general and even particular truths, and facilitates all acquirement, does not impart facts or the knowledge of technical terms, in what manner can we answer or set aside the question that we have partly stated before,—­How did it happen, that, in an age when it was a common practice for young attorneys and barristers to leave their profession and take to writing plays and poems, one playwright left upon his works a stronger, clearer, sharper legal stamp than we can detect upon those of any other, and that he used the very peculiar and, to a layman, incomprehensible language of the law of real property, as it then existed, in his very earliest plays, written soon after he, a raw, rustic youth, bred in a retired village, arrived in London?  How did it happen that this playwright fell into the use of that technical phraseology, the proper employment of which, more than any other, demands special training, and that he availed himself of it with apparent unconsciousness, not only so much oftener than any of his contemporaries, but with such exact knowledge, that one who has passed a long life in the professional employment of it, speaking as it were officially from the eminent position which he has won,—­Lord Campbell,—­declares, that,

“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”?

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The Atlantic Monthly, Volume 04, No. 21, July, 1859 from Project Gutenberg. Public domain.