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For while in Plautus some of the oddest incongruities arise from the continual intrusion of Roman law-terms and other everyday home associations into the Athenian agora or dicasteries, in Terence this effective but very inartistic source of humour is altogether discarded, and the comic result gained solely by the legitimate methods of incident, character, and dialogue.
To look at the latter point first, the law-terms used by Shakespeare are generally not those which he would have heard in ordinary trials at nisi prius or before the King's Bench, but such as refer to the tenure or transfer of real property, "fine and recovery," "statutes," "purchase," "indenture," "tenure," "double voucher," "fee simple," "fee farm," "remainder," "reversion," "dower," "forfeiture," etc., etc.; and it is important to remember that suits about the title to real estate are very much rarer in England than they are with us, and in England were very much rarer in Shakespeare's time than they are now.
Yet when Chaucer wrote his "Canterbury Tales," it seems still to have continued the pedantic affectation of a profession for its members, like Chaucer's "Man of Law," to introduce French law-terms into common conversation; so that it is natural enough to find the "Summoner" following suit, and interlarding his "Tale" with the Latin scraps picked up by him from the decrees and pleadings of the ecclesiastical courts.
Rich gleanings of law-terms might, therefore, be expected from the plays written by these dramatists; yet it may safely be asserted, that from Shakespeare's thirty-seven plays at least twice as many passages marked by legal phraseology might be produced, as from the fifty-four written by Beaumont and Fletcher, together or alone! a fact the great significance of which is heightened by another, that it is only the vocabulary of the law to the use of which Shakespeare exhibits this proclivity.
The English reader may perhaps be surprised at the extent of Thady's legal knowledge, and at the fluency with which he pours forth law-terms; but almost every poor man in Ireland, be he farmer, weaver, shopkeeper, or steward, is, besides his other occupations, occasionally a lawyer.
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.
Rushton quotes the following passages from "Richard II.": But, here again, Shakespeare, although he may have known more law than Holinshed, or even Hall, who was a barrister, only used the law-terms that he found in the paragraph which furnished him with the incident that he dramatized. For, after recording the death of Gaunt, the Chronicle goes on:
And this appears the more strikingly in this country, where other distinctions are lost. We have an aristocracy of language, whose phrases, like the West-End men of "Sibyl," are effeminate, extravagant, conventional, and prematurely worn-out. These words represent ideas which are theirs only by courtesy and conservatism, like the law-terms of the courts, or the "cant" of certain religious books.
He had just brought out Les Plaideurs, which had been requested of him by his friends and partly composed during the dinners they frequently had together. "I put into it only a few barbarous law-terms which I might have picked up during a lawsuit and which neither I nor my judges ever really heard or understood."
John Leycester Adolphus, famous for his History of George the Third, discovered the author of the Waverley Novels in Sir Walter Scott, when the Wizard of the North was styled "The Great Unknown," by pointing out coincidences in the pieces and poems, known to be the productions of Scott, in such matters as the correct morals, the refined manners, the Scotch words and idioms, the descriptive power, the picturesque and dramatic fancy, the neat, colloquial turns in dialogue, the quaint similes, the sprinkle of metaphors, the love of dogs, the eloquent touches with regard to the pure and tender relations of father and daughter; and clinched the investigation by showing the freedom and correctness in the use of law-terms and phrases, which indicated clearly that the author was a lawyer.
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