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st the bullion into pigs； and finally I know how to screen tailings； and also how to hunt for something less robust to do； and find it。 I know the argot of the quartz…mining and milling industry familiarly； and so whenever Bret Harte introduces that industry into a story； the first time one of his miners opens his mouth I recognize from his phrasing that Harte got the phrasing by listeninglike ShakespeareI mean the Stratford onenot by experience。 No one can talk the quartz dialect correctly without learning it with pick and shovel and drill and fuse。
I have been a surface…minergoldand I know all its mysteries； and the dialect that belongs with them； and whenever Harte introduces that industry into a story I know by the phrasing of his characters that neither he nor they have ever served that trade。
I have been a 〃pocket〃 minera sort of gold mining not findable in any but one little spot in the world； so far as I know。 I know how； with horn and water； to find the trail of a pocket and trace it step by step and stage by stage up the mountain to its source； and find the compact little nest of yellow metal reposing in its secret home under the ground。 I know the language of that trade； that capricious trade； that fascinating buried…treasure trade； and can catch any writer who tries to use it without having learned it by the sweat of his brow and the labor of his hands。
I know several other trades and the argot that goes with them； and whenever a person tries to talk the talk peculiar to any of them without having learned it at its source I can trap him always before he gets far on his road。
And so； as I have already remarked； if I were required to superintend a Bacon…Shakespeare controversy； I would narrow the matter down to a single questionthe only one； so far as the previous controversies have informed me； concerning which illustrious experts of unimpeachable competency have testified： WAS THE AUTHOR OF SHAKESPEARE'S WORKS A LAWYER？a lawyer deeply read and of limitless experience？ I would put aside the guesses； and surmises； and perhapses； and might…have…beens； and could…have beens； and must…have…beens； and we…are justified…in…presumings； and the rest of those vague spectres and shadows and indefinitenesses； and stand or fall； win or lose； by the verdict rendered by the jury upon that single question。 If the verdict was Yes； I should feel quite convinced that the Stratford Shakespeare； the actor； manager； and trader who died so obscure； so forgotten； so destitute of even village consequence that sixty years afterward no fellow…citizen and friend of his later days remembered to tell anything about him； did not write the Works。
Chapter XIII of The Shakespeare Problem Restated bears the heading 〃Shakespeare as a Lawyer；〃 and comprises some fifty pages of expert testimony； with comments thereon； and I will copy the first nine； as being sufficient all by themselves； as it seems to me； to settle the question which I have conceived to be the master…key to the Shakespeare…Bacon puzzle。
CHAPTER VIII
Shakespeare as a Lawyer ｛2｝
The Plays and Poems of Shakespeare supply ample evidence that their author not only had a very extensive and accurate knowledge of law； but that he was well acquainted with the manners and customs of members of the Inns of Court and with legal life generally。
〃While novelists and dramatists are constantly making mistakes as to the laws of marriage； of wills； and inheritance； to Shakespeare's law； lavishly as he expounds it； there can neither be demurrer； nor bill of exceptions； nor writ of error。〃 Such was the testimony borne by one of the most distinguished lawyers of the nineteenth century who was raised to the high office of Lord Chief Justice in 1850； and subsequently became Lord Chancellor。 Its weight will； doubtless； be more appreciated by lawyers than by laymen； for only lawyers know how impossible it 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 it 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 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 c