rms 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 beside,
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. 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 authori
|