NOTES ON THE BACON-SHAKESPEARE QUESTION BY CHARLES ALLEN BOSTON AND NEW YORK HOUGHTON, MIFFLIN AND COMPANY ftiucrsi&c press, 1900 COPYRIGHT, 1900, BY CHARLES ALLEN ALL RIGHTS RESERVED GIFT PREFACE AN attempt is here made to throw some new light, at least for those who are Dot already Shakespearian scholars, upon the still vexed ques- tion of the authorship of the plays and poems which bear Shakespeare's name. In the first place, it has seemed to me that the Baconian ar- gument from the legal knowledge shown in the plays is of slight weight, but that heretofore it has not been adequately met. Accordingly I have en- deavored with some elaboration to make it plain that this legal knowledge was not extraordinary, or such as to imply that the author was educated as a lawyer, or even as a lawyer's clerk. In ad- dition to dealing with this rather technical phase of the general subject, I have sought from the plays themselves and from other sources to bring together materials which have a bearing upon the question of authorship, and some of which, though familiar enough of themselves, have not been sufficiently considered in this special aspect. The writer of the plays showed an intimate M758108 iv PREFACE familiarity with many things which it is believed would have been known to Shakespeare but not to Bacon and I have to collect the most '; soughtO important of these, to exhibit them in some de- tail, and to arrange them in order, so that their weight may be easily understood and appreci- ated. The significance of the supposed collab- oration in the writing of certain of the plays, of the alterations which were made in some of them from time to time, and of Shakespeare's supposed participation in the so-called war of the theatres, is also pointed out. In addition to this, Bacon's lack of recognition during his life- time as a poet, his apparent distaste for English poetry, and his entire want of possession of the poetical faculty, as shown in his acknowledged verses, are adverted to, as in striking contrast with Shakespeare's poems of almost unquestioned authenticity, and with his standing as a poet and dramatist amongst his contemporaries; to which is added an enumeration of Shakespeare's known and of some of his probable acquaint- ances. These with some incidental matters make up the substance of what is contained in these Notes. In making citations, even from recent author- ities, for the sake of brevity I have usually given PREFACE v only the surnames of the writers, without any titles. Citations are sometimes accumulated for the convenience of those who may wish to verify the text, and who may have access to only a part of the authors referred to. My constant obliga- tions to the Concordances, not being mentioned should be here at the elsewhere, acknowledged ; outset to Mrs. Cowden Clarke's, and then and more especially to Mr. John Bartlett's, whose work it is a delight to consult. In dealing with so many details some mistakes must have been but I which will made ; none, hope, seriously affect the general view presented. It is to be borne in mind that in different editions of Shakespeare and of the other early dramatists there is a want of uniformity in the division of plays into acts and scenes. Indeed, some plays are not so divided at all. Modern spelling, capi- talization, and usually punctuation have been followed. It should also be mentioned that in cases of doubtful authorship of plays, or where there has been collaboration between different writers, some want of exactness in giving credit be noticed for written may ; example, plays by Fletcher alone, or by Fletcher in conjunction with others than Beaumont, may be attributed to Beaumont and Fletcher ; and so in the case vi PKEFACE of a few other writers. Fortunately, recourse may be had to the new and revised edition of Ward's History of English Dramatic Literature for full information in all such cases. CHARLES ALLEN BOSTON, March, 1900. EXPLANATORY NOTE in- IN citing authorities, usually a sufficient designation is tended to be given in the footnotes. But for brevity's sake certain authors are generally cited merely by their names, and in such cases the works and editions referred to are as fol- lows : BACON : The works of Francis Bacon, collected and edited by James Speddiug and others. 15 vols. Boston ed. 1860-64. Frederick S. BOAS : Shakspere and his Predecessors. By Boas. New York ed. 1896. BRANDES : William Shakespeare, A Critical Study. By George Brandes. New York ed. 1899. CAMPBELL : Shakespeare's Legal Acquirements Considered. By John Lord Campbell. London, 1859. DRAKE : Shakspeare and his Times. By Nathan Drake. Paris ed. 1838 [original ed. was London, 1817]. ELZE : William Shakespeare. A Literary Biography. By Karl Elze. Translated by L. Dora Schmitz. London, 1888. FURNESS : Variorum Edition of Shakespeare. Edited by Hor- ace Howard Furness. Philadelphia [12 volumes now pub- lished]. Dr. G. GERVINUS : Shakespeare Commentaries. By G. Ger- vinus. Translated by F. E. Bunnett (Introduction by F. J. Furnivall). New York, 1875. of HALLAM : Introduction to the Literature Europe. By Henry Hallam. Paris ed. 1839. J. O. Halli- H.-P. : Outlines of the Life of Shakespeare. By 1886. well-Phillipps (6th ed.). 2 vols. London, Nathaniel HOLMES : The Authorship of Shakespeare. By Holmes. New and enlarged ed. 2 vols. Boston, 1887. Charles KNIGHT : William Shakspere, A Biography. By Knight. London, 1843. viii EXPLANATORY NOTE LEE : A Life of William Shakespeare. By Sidney Lee. New York ed. 1899. PERCY REL. : Reliques of Ancient English Poetry. By Thomas Percy. 3d ed. 3 vols. London, 1847. ROLFE : Friendly Edition of Shakespeare, edited by William J. Rolfe. 20 vols. Boston. SHAKESPEARE : The Works of William Shakespeare. Edited " by William Aldis Wright. The Cambridge Shakespeare." 9 vols. London, 1891-1893. VAUGHAN : Notes on Shakespeare's Historical Plays. By Henry Halford Vaughan. 3 vols. London, 1878. WARD : History of English Dramatic Literature. By Adolphus William Ward. 3 vols. New and revised ed. London, 1899. WISE : Shakespeare, his Birthplace and its Neighborhood. By John R. Wise. London, 1861. The text of The Cambridge Shakespeare has been followed, and it is cited usually by Act, Scene, and Line, according to that edition. CORRECTION AND ADDITION " " ON page 15, line 6 from bottom, for spelled his name read " spelled his brother's name." " The legal phrase, to lay by the heels," quoted on pp. 96, 97, is also found in Don Quixote, Boston ed. 1856, vol. 4, pp. 125, 128. CONTENTS PREFACE iii EXPLANATORY NOTE vii CHAPTER I. Preliminary, 1. Early life and education of Shakespeare, 3. Early life in London, 7. Book-learning and knowledge of for- eign languages, 7. Apparent display of such knowledge ac- counted for in part, 10. CHAPTER II. Want of uniformity in spelling Shakespeare's name, 14. Also in spelling other proper names, 15. His handwriting, 16. De- scription of his various known signatures, 17. Handwriting of other persons in that period, and since, 19. CHAPTER III. Knowledge of law shown in Shakespeare's plays and poems, 22. Theory that he was an attorney's clerk, 22. His legal knowledge may be accounted for otherwise, 24. Familiarity of other contemporary writers with law, 26. Instances of the use of groups of legal terms by Shakespeare and by other writers, 27. CHAPTER IV. Other passages in Shakespeare showing legal knowledge : Grave-diggers' discussion in Hamlet, 33. Account of case of Hales v. Petit, supposed to be travestied, 36. Reference in King Henry VIII to doctrine of Prsemunire, 40. This passage prob- ably written by Fletcher, 41. It was taken from Holinshed, 41. References to Prsemuuire by other dramatists, 43. Allu- x CONTENTS sions in Othello to witchcraft, 44. General belief at that time in witchcraft, 45. CHAPTER V. Other instances showing legal knowledge paralleled by many citations from other authors : .ZEdificium cedit solo, 46 ; Pur- Fee and its chase, compounds, 47 ; Double vouchers, Tenures, Fine and 50 51 recovery, ; Entail, ; Enfeoffed, Reversion, Bar- and 52 In gained sold, ; capite, Extent, Conveyance, Deed of 53 54 gift, ; Mortgage, Lease, ; Determination, 55 ; Uses and 56 Succession to 57 Indentures Trusts, ; property, ; tripartite, 59 61 ; Covenants, Specialties, Articles, ; Seal, Recognizances, Statutes 62 63 (obligations), Bonds, ; Forfeitures, ; Acquittance, 64 65 ; Jointure, Absque hoc, Courts, ; Indictment, Arraign- 67 70 Service of ment, Accessary, ; Actions, ; Vacation, Precepts, 72 73 ; Arrest, Attach, Apprehend, ; Officers, 75 ; Prisoner's 76 77 Bound fees, ; Bail, ; Enlarge, Rescue, over, 78 ; Form of 79 80 Grand Twelve Oath, Appeal, ; Nonsuit, Bar, ; jury, god- 81 to fathers, Suborning witnesses, Trials, ; Parties actions, 83 Brother Inns of Witnesses, ; Justice, justice, Court, Lawyers, 84 87 ; Charged upon interrogatories, ; Time personified, Quid- dities and Lawful Law's 88 quillets, prize, delay, ; Scrivener, Ideal 89 Sue his Commonwealth, ; livery, 90 ; Administration of 91 the justice partial, ; Bankrupt, Comforting King, Witness of a free as good conscience, 93 ; As heart can wish, Libels, Im- of 94 press shipwrights, ; Repeal, Precedent, Order reversed, 95 few terms and allusions not ; A legal paralleled elsewhere, 96. CHAPTER VI. Legal terms and allusions found in other writers, but not in : Jurisdiction in 98 of Shakespeare equity, ; Livery seisin, Char- itable or 101 102 pious uses, ; Alluvion, ; Common, civil, and canon 103 Statutes law, Magna Charta, Legal authors, ; (laws), 104 List in tabular form of such 105 List ; legal terms, ; of plays and poems by other writers, abounding in legal terms, 110. CHAPTER VII. Bad law, or untechnical use of legal terms in Shakespeare, 111. Merchant of 112 All 's Venice, ; Well that Ends Well, CONTENTS xi ^ of Wilkins and Jonson familiar with this wardship minors, 117 ; 118 for Claudio's 119 subject, ; Measure Measure, innocence, ; the 120 Familiarity of other writers with subject, ; Cymbeline, lachimo's wager, 121.