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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）： 〃On February 15； 1609； Shakespeare 。
。 。 obtained judgment from a jury against Addenbroke for the
payment of No。 6； and No。 1； 5s。 0d。 costs。〃 Now a lawyer would
never have spoken of obtaining 〃judgment from a jury；〃 for it is
the function of a jury not to deliver judgment （which is the
prerogative of the court）； but to find a verdict on the facts。
The error is； indeed； a venial one； but it is just one of those
little things which at once enable a lawyer to know if the writer
is a layman or 〃one of the craft。〃
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
handwrit