; and we have seen, that, of the law-phrases
cited by them from Shakespeare's pages, the most recondite, as well
as the most common and simple, are to be found in the works of the
Chroniclers, whose very language Shakespeare used, and in those of the
playwrights his contemporaries.
Our new advocates of the old cause, however, quote two passages which,
from the freedom with which law-phrases are scattered through them, it
is worth while to reproduce here. The first is the well-known speech in
the grave-digging scene of "Hamlet":--
"_Ham_. There's another: Why may not that be the skull of a lawyer?
Where be his quiddits now, his quillets, his _cases_, his _tenures_, and
his tricks? why does he suffer this rude knave, now, to knock him about
the sconce with a dirty shovel, and will not tell him of his _action of
battery_? Humph! This fellow might be in's time a great buyer of land,
with his _statutes_, his _recognizances_, his _fines_, his _double
vouchers_, his _recoveries_: Is this the _fine_ of his _fines_, and the
_recovery_ of his _recoveries_, to have his fine pate full of fine dirt?
will his _vouchers_ vouch him no more of his _purchases_, and _double
ones_, too, than the length and breadth of a pair of _indentures_? The
very _conveyances_ of his lands will hardly lie in this box; and must
the _inheritor_ himself have no more? ha?"--Act v. Sc. 1.
The second is the following Sonnet, (No. 46,) not only the language,
but the very fundamental conceit of which, it will be seen, is purely
legal:--
"Mine Eye and Heart are at a mortal war
How to divide the conquest of thy sight;
Mine Eye my Heart thy picture's sight would _bar_,
My Heart mine Eye the freedom of that right.
My Heart doth _plead_ that thou in him dost lie
(A closet never pierc'd with crystal eyes);
But the _defendant_ doth that _plea_ deny,
And says in him thy fair appearance lies.
To 'cide this title is _impanelled_
A _quest_ of thoughts, all tenants to the Heart,
And by their _verdict_ is determined
The clear Eye's _moiety_, and the dear Heart's part;
As thus: Mine Eye's due is thine outward part,
And my Heart's right, thine inward love of heart."
It would seem, indeed, as if passages like these must be received as
evidence that Shakespeare had more familiarity with legal phraseology,
if not a greater knowledge of it, than could have been acquired except
by habitual use in the course of professional occupation. But
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