until the lapse of centuries, it is too late now, without cogent and convincing proof, to rob this poet of the title to his plays. Limitations, laches, estoppel and other defenses are a complete bar to all conflicting claims. The evidence of those who knew best whereof they spoke, must be received in the place and stead of mere surmises and conjectures of those who knew it not.

Christ's authorship of the Sermon on the Mount, the philosophy of Buddha, the wisdom of the Perfect Sage, of the Chinese, the philosophy of Aristotle and Plato, the works of the great masters in art, music and the sciences can all be questioned, but there must be evidence and not mere "surmises" before posterity will divest the titles of those in whom the ages have established them. Property rights, in law, may be established by mere rumors that have been so general and continuous as to amount to a continuous, established reputation of ownership, for a long period of years, and when the centuries have approved the title of the author of the chief literary masterpieces of the brightest period of English history, shall such title, in after centuries, by mere conjecture be effected? If so, "I tell you," in the language of Shakes peare, "'tis rigour and not law."

Not alone in the law, but in all the other branches of human wisdom, the poet's plays are a revelation and a wonder. Emerson said that

"Sequent centuries could not hit,

Orbit and sum of Shakespeare's wit,"

and the testimony of the various specialists establishes the truth of this observation. Musicians are surprised at his wonderful knowledge of music; physicians, at his insight into medicine, lawyers at his accurate knowledge of the law. No fact of history, science or creation, but was apt to be observed, in some instant of time by him, and then, with his genius, reproduced, when the occasion called for

It is certain that his plays present, on all matters of human wisdom, the greatest treasury the world has ever seen, in the different branches of human knowledge and if it is admitted that the most sublime facts of human science and knowledge are presented along with the unequal facts of the licentious or obscene world, this is not, necessarily because he was wild, beyond rule or art, but rather "a great luminary, moving at all times, according to a well regulated law of artistic evolution."

The attempt has been made to abstract and brief every proposition of law, discussed or presented by the poet, in his plays and sonnets. The explanations of the terms used, to lawyers, will seem quite academic, but to the laiety, such an explanation is essential to a full understanding of the legal terms and the import to be given thereto. And even to those skilled in the use of such terms, the accuracy and deep learning displayed by the frequent use of law terms and the Poet's reasoning and philosophy of the law, will be interesting, in view of the controversy over the question as to the ability of one not a lawyer to write such dissertations on the law.

The plan followed in presenting the law of the various plays is to quote the verse containing the law presented. under an appropriate heading, reference to which, in the index, will give ready access to the verse containing the law referred to. As the various plays and the law in each is also presented in the regular order, by reference to the body of the work, the various propositions of law contained in each play, can be found. To avoid the useless repetition of various law terms presented in the different plays, under each heading will be found, in the foot notes. the different references to the same law term or proposition, occurring in the different plays. While this arrangement will prevent the ready access to the law of the notes in the several plays, by reference to the plays, in the order in which they appear, the saving of time and space by this method, is none the less accomplished, by a ready refer

ence to the law term desired, where the Poet's reference to such term, in the different plays or sonnets, will either be found in text or foot note. Thus the law of the plays will be found by either of these cross references, i. e., by referring to the plays in the order of their publication, or by reference to the index and table of contents for the law term or proposition desired. This is deemed the only practical method of presenting the subject, so that it can be readily handled by both laymen and lawyers, and it is hoped that the method followed will be found convenient.

The author desires to express to the profession his obligations for the kind reception of his previous efforts and to indulge the hope that the present work may not be found wholly wanting in practical utility.

CHAPTER I.

"THE TEMPEST."

Sec. 1. Confiscation of property-Doing homage.

2. Witness' oath.

3. The marriage contract.

Sec. 1. Confiscation of Property-Doing Homage.

"Pro. This King of Naples, being an enemy to me inveterate, hearkens my brother's suit;

Which was that he, in lieu o' the premises, of homage and I know not how much tribute,

Should presently extirpate me and mine out of the dukedom; and confer fair Milan, with all the honors, on my brother."

This language is used to show a consideration for the confiscation of the estate of the speaker.

"In lieu o' the premises," are terms indicative of the common meaning of a quid pro quo. "Lieu" is here used in the sense of instead or in place of. That is, the scheme of confiscation had been adopted in lieu of the plan of extortion and extortion was the consideration for the judgment of confiscation.

Homage, in feudal law, was the rendition of submission and service by the tenant to the lord or superior, when first admitted to the land which he held of him, in fee. In other words, when invested with the fee, the tenant rendered homage to the Lord. The tenant was ungirth and uncovered and he kneeled and held up both hands between those of the lord, and professed that "he did become his man, from that day forth, of life and limb and earthly honor." After this profession he received a kiṣs from the lord paramount and the ceremony of doing homage was then ended.

'Tempest, Act I, Scene II.

'Blackstone's Com. 87; Tiedeman's Real Prop. (3d Ed.) Ch. III. The word "lieu" is also used, in Love's Labour's Lost (Act III, Scene I) in the following sense: "Arm. I give thee thy liberty, set

thee from durance, and, in licu thereof, impose on thee nothing but this."

In Merchant of Venice (Act IV, Scene I) after acknowledgment of his obligations to Portia, for the acquittance from the Jew, Bassanio "in lieu" thereof tendered the three thousand ducats to Portia.

In Comedy of Errors, the Merchant advises Antipholus: “Therefore, give out you are of Epidamnum, Lest that your goods too soon be confiscate." (Act I, Scene II.)

In rendering homage to King Henry VI, Richard Plantagenet said: "Plan. Thy humble servant vows obedience and humble service, till the point of death." And the King said: "K. Hen. Stoop then, and set your knee against my foot; And in reguerdan of that duty done, I girt thee with the valiant sword of York: Rise, Richard, like a true Plantagenet; And rise created princely duke of York." (Act III, Scene I.)

Charles, Dauphin of France, and his nobles, swear allegiance to the crown of England, in 1' Henry VI, as follows: "York. Then swear allegiance to his majesty;

As thou art knight, never to disobey,

Nor be rebellious to the crown of England,

Thou nor thy nobles, to the crown of England." (Act V,
Scene IV.)

King Henry VI, in 2' Henry VI, knights Alexander Iden, for killing Cade, in this language: "K. Hen. .Iden, kneel down. (He kneels.) Rise up a knight. We give thee for reward a thousand marks; And will, that thou henceforth attend on us." (Act V, Scene I.)

The king thus knights his son, in 3' Henry VI: "Q. Mar.

You promised knighthood to our forward son; Unsheath your sword, and dub him, presently.-Edward, kneel down.

K. Hen. Edward Plantagenet, arise a knight; And learn this lesson, draw thy sword in right.

Prince. My gracious father, 'by your kingly leave, I'll draw it as apparent to the crown, And in that quarrel use it to the death." (Act II, Scene II.)

Warwick tells Clarence, in 3' Henry VI: "War.

now then it is more than needful, Forthwith that Edward be pronounced a traitor, And all his lands and goods be confiscate." (Act IV, Scene VI.)

Belarius tells Cymbeline:

"First pay me for the nursing of thy sons; And let it be confiscate all, so soon as I have received it." (Act V, Scene V.)