FREE BOOKS

Author's List




PREV.   NEXT  
|<   143   144   145   146   147   148   149   150   151   152   153   154   155   156   157   158   159   160   161   162   163   164   165   166   167  
168   169   170   171   172   173   174   175   176   177   178   179   180   181   182   183   184   185   186   187   188   189   190   191   192   >>   >|  
states to them from their guardians. But hence it became a metaphorical expression to mean merely the attainment of majority, and in this sense seems to have been very generally understood and not uncommonly used. See the following from an author who was no attorney or attorney's clerk:-- "If Cupid Shoot arrows of that weight, I'll swear devoutly H'as _sued his livery_ and is no more a boy." FLETCHER'S _Woman's Prize_, Act ii. Sc. 1. And this, from the works of a divine:-- "Our little Cupid hath _sued livery_ And is no more in his minority." DONNE'S Eclogues, 1613. Spenser, too, uses the phrase figuratively in another sense, in the following passage,--which may be one of those which Chalmers had in his eye, when, according to Lord Campbell, he "first suggested" that Shakespeare was once an attorney's clerk:-- "She gladly did of that same Babe accept, As of her owne by _liverey and seisin_; And having over it a litle wept, She bore it thence, and ever as her owne it kept." _Faerie Queene_, B. VI. C. iv. st. 37. So, for an instance of the phrase "fee," which Lord Campbell notices as one of those expressions and allusions which "crop out" in "Hamlet," "showing the substratum of law in the author's mind,"-- "We go to gain a little patch of ground, That hath in it no profit but the name. To pay five ducats, five, I would not farm it; Nor will it yield to Norway or the Pole A ranker rate, should it be sold _in fee_,"-- Act iv. Sc. 2. and of which Mr. Rushton quotes several instances in its fuller form, "fee simple,"--we have but to turn back a few stanzas in this same canto of the "Faerie Queene," to find one in which the term is used with the completest apprehension of its meaning:-- "So is my lord now _seiz'd of_ all the land, As _in his fee_, with peaceable _estate_, And quietly doth hold it in his hand, Ne any dares with him for it debate." _Ib_. st. 30. And in the next canto:-- "Of which the greatest part is due to me, And heaven itself, by heritage _in fee_." _Ib._ C. vii. st. 15. And in the first of these two passages from the "Faerie Queene," we have two words, "seized" and "estate," intelligently and correctly used in their purely legal sense, as Shakespeare himself uses them in the following passages, which our Chief Justice and our barrister have both passed by, as, indeed, they have passed many others equally worthy of notice:-
PREV.   NEXT  
|<   143   144   145   146   147   148   149   150   151   152   153   154   155   156   157   158   159   160   161   162   163   164   165   166   167  
168   169   170   171   172   173   174   175   176   177   178   179   180   181   182   183   184   185   186   187   188   189   190   191   192   >>   >|  



Top keywords:

attorney

 

Faerie

 

Queene

 
estate
 

Campbell

 
Shakespeare
 

passed

 

phrase

 

author

 

livery


passages

 

completest

 

ranker

 

ducats

 

fuller

 
quotes
 

Rushton

 

apprehension

 
Norway
 

instances


simple

 

stanzas

 

debate

 

intelligently

 

seized

 

correctly

 

purely

 
heritage
 

equally

 

worthy


notice
 

Justice

 
barrister
 

heaven

 

peaceable

 

quietly

 
greatest
 

meaning

 

FLETCHER

 

devoutly


divine

 

Spenser

 

figuratively

 

Eclogues

 
minority
 

weight

 

arrows

 
expression
 

attainment

 

metaphorical