LAWYERS AT PLAY

That dreary morass, that Serbonian bog, the Bacon-Shakespeare

controversy, has been lately lit up as by the flickering light of a

will-o'-the-wisp, by the almost simultaneous publication of an

imaginary charge delivered to an equally imaginary jury by a judge of

no less eminence than the late Lord Penzance (that tough Erastian) and

of the still bolder _jeu d'esprit_, _A Report of the Trial of an Issue

in Westminster Hall_, June 20, 1627, which is the work of the

unbridled fancy of His Honour Judge Willis, late Treasurer of the

Inner Temple, and a man most intimately acquainted with the literature

of the seventeenth century.

Neither production of these playful lawyers, clothed though they be in

the garb of judicial procedure, is in the least likely to impress the

lay mind with that sense of 'impartiality' or 'indifference' which is

supposed to be an attribute of justice, or, indeed, with anything

save the unfitness of the machinery of an action at law for the

determination of any matter which invokes the canons of criticism and

demands the arbitrament of a well-informed and lively taste.

Lord Penzance, who favours the Baconians, made no pretence of

impartiality, and says outright in his preface that his readers 'must

not expect to find in these pages an equal and impartial leaning of

the judge alternately to the case of both parties, as would, I hope,

be found in any judicial summing-up of the evidence in a real judicial

inquiry.' And, he adds, 'the form of a summing-up is only adopted for

convenience, but it is in truth very little short of an argument for

the plaintiffs, _i.e._, the Baconians.'

Why any man, judge or no judge, who wished to prepare an argument on

one side of a question should think fit to cast that argument for

convenience' sake in the form of a judicial summing-up of both sides

is, and must remain, a puzzle.

Judge Willis, who is a Shakespearean, bold and unabashed, is not

content with a mere summing-up, but, with a gravity and wealth of

detail worthy of De Foe, has presented us with what purports to be a

verbatim report of so much of the proceedings in a suit of Hall _v._

Russell as were concerned with the trial before a jury of the simple

issue--whether William Shakespeare, of Stratford-upon-Avon, 'the

testator in the cause of _Hall v. Russell_,' was the author of the

plays in the Folio of 1623. We are favoured with the names of counsel

employed, who snarl at one another with such startling verisimilitude,

whilst the remarks that fall from the bench do so with such

naturalness, that it is perhaps not surprising, or any very severe

reflection upon his literary _esprit_, that a member of the Bar,

having heard Judge Willis deliver his lecture in the Inner Temple

Hall, repaired next day to the library to study at his leisure the

hitherto unnoted case of _Hall v. Russell_. Ten witnesses are put in

the box to prove the affirmative--that Shakespeare was the author of

the plays. Mr. Blount and M. Jaggard, the publishers of the Folio,

give a most satisfactory account of the somewhat crucial point--how

they came by the manuscripts, with all the amendments and corrections,

and pass lightly over the fact that those manuscripts had disappeared.

'Rare Ben Jonson' in the witness-box is a masterpiece of dramatic

invention; he demolishes Bacon's advocate with magnificent vitality.

John Selden makes a stately witness, and Francis Meres a very useful

one. Generally speaking, the weakest part in these interesting

proceedings is the cross-examination. I have heard the learned judge

do better in old days. No witnesses are called for the Baconians,

though all the writings of the great philosopher were put in for what

they were worth. The Lord Chief Justice, who seems to have been a

friend of Shakespeare's, sums up dead in his favour, and the jury

(with whose names we are not supplied, which is a pity--Bunyan or De

Foe would have given them to us), after a short absence, a quarter of

an hour, return a Shakespearean verdict, which of course ought by

rights to make the whole question _res judicata_.

But it has done nothing of the kind. Could we really ask Blount and

Jaggard how they came by the manuscripts, and who made the

corrections, and did we believe their replies, why, then a stray

Baconian here and there might reluctantly abandon his strange fancy;

but as _Hall v. Russell_ is Judge Willis's joke, it will convert no

Baconians any more than Dean Sherlock's once celebrated _Trial of the

Witnesses_ compels belief in the Resurrection.

The question in reality is a compound one. Did Shakespeare write the

plays? If yes, the matter is at rest. If no--who did? If an author can

be found--Bacon or anyone else--well and good. If no author can be

found--Anon. wrote them--a conclusion which need terrify no one, since

the plays would still remain within our reach, and William

Shakespeare, apart from the plays, is very little to anybody who has

not written his life.

But this is not the form the controversy has assumed. The

anti-Shakespeareans are to a man Baconians, and fondly imagine that if

only Will Shakespeare were put out of the way their man must step into

the vacant throne. Lord Penzance in charging his jury told them that

those of their number 'who had studied the writings of Bacon' and were

'keenly alive to his marvellous mental powers' would probably have 'no

difficulty,' if once satisfied that the author they were seeking after

was _not_ Shakespeare, in finding as a fact that he _was_ Bacon. But

suppose James Spedding had been on that jury, and, rising in his

place, had spoken as follows:

'My Lord,--If any man has ever studied the writings of Bacon, I

have. For twenty-five years I have done little else. If any man is

keenly alive to his marvellous mental powers, I am that man. I am

also deeply read in the plays attributed to Shakespeare, and I

think I am in a condition to say that, whoever was the real author,

it was _not_ Bacon.'

That this is exactly what Spedding would have said we know from the

letter he wrote on the subject to Mr. Holmes, reprinted in _Essays

and Discussions_, and it completely upsets the whole scheme of

arrangement of Lord Penzance's summing-up, which proceeds on the easy

footing that the more difficulties you throw in Shakespeare's path the

smoother becomes Bacon's.

That there are difficulties in Shakespeare's path, some things very

hard to explain, must be admitted. Lord Penzance makes the most of

these. It is, indeed, a most extraordinary thing that anybody should

have had the mother-wit to write the plays traditionally assigned to

Shakespeare. Where did he get it from? How on earth did the plays get

themselves written? Where, when, and how did the author pick up his

multifarious learnings? Lord Penzance, good, honest man, is simply

staggered by the extent of the play-wright's information. The plays,

so he says, 'teem with erudition,' and can only have been written by

someone who had the classics at his finger-ends, modern languages on

the tip of his tongue--by someone who had travelled far and read

deeply; and, above all, by a man who had spent at least a year in a

conveyancer's chambers! And yet, when this has been said, would Lord

Penzance have added that the style and character of the playwright is

the style and character of a really learned man of his period! Can

anything less like such a style be imagined? Once genius is granted,

heaven-born genius, a mother-wit beyond the dreams of fancy, and then

plain humdrum men, ordinary judicial intelligences, will do well to be

on their guard against it. 'Beware--beware! he is fooling thee.'

Shakespeare's genius has simply befooled Lord Penzance. Seafaring men,

after reading _The Tempest_, are ready to maintain that its author

must have been for at least a year before the mast. As for

Shakespeare's law, which has taken in so many matter-of-fact

practitioners, one can now refer to Ben Jonson's evidence in _Hall v.

Russell_, where that great dramatist has no difficulty in showing that

if none but a lawyer could have written Shakespeare's plays, a lawyer

alone could have preached Thomas Adams's sermons. Judge Willis's

profound knowledge of sound old divinity has served him here in good

stead. The fact is it is simply impossible to exaggerate the

quick-wittedness and light-heartedness of a great literary genius. The

absorbing power, the lightning-like faculty of apprehension, the

instant recognition of the uses to which any fact or fancy can be put,

the infinite number and delicacy of the mental feelers, thrust out in

all directions, which belong to the creative brain and keep it in

tremulous and restless activity, are quite enough so to differentiate

the possessor of these endowments from his fellow mortals as to make

comparison impossible. Shakespeare the actor was by the common consent

of his enemies one of the deftest fellows that ever made use of other

men's materials--'Convey, the wise it call.' I will again quote

Spedding:

'If Shakespeare was not trained as a scholar or a man of science,

neither do the works attributed to him show traces of trained

scholarship or scientific education. Given the _faculties_, you

will find that all the acquired knowledge, art, and dexterity which

the Shakespearean plays imply were easily attainable by a man who

was labouring in his vocation and had nothing else to do.'

I greatly prefer this cool judgment of a scholar deeply read in

Elizabethan lore to Lord Penzance's heated and almost breathless

admiration for the 'teeming erudition' of the plays.

Lord Penzance likewise displays a very creditable non-acquaintance

with the disposition of authors one to another. He is quite shocked at

the callousness of Shakespeare's contemporaries to Shakespeare if he

were indeed the author of the Quartos which bore his name in his

lifetime. But as it cannot be suggested that in, say, 1600 it was

generally known that Shakespeare was not the author of these plays, it

is hard to see how his contemporaries can be acquitted of indifference

to his prodigious superiority over themselves. Authors, however, never

take this view. Shakespeare's contemporaries thought him a mighty

clever fellow and no more. Why, even Wordsworth was well persuaded he

could write like Shakespeare had he been so minded. Mr. Arnold

remained all his life honestly indifferent to and sceptical about the

fame of both Tennyson and Browning. Great living lawyers and doctors

do not invariably idolize each other, nor do the lawyers and doctors

in a small way of business always speak well of those in a big way.

The poets and learned critics of the seventeenth and eighteenth

centuries--Dryden, Pope, Johnson--looked upon Shakespeare with an

indulgent eye, as a great but irregular genius, after much the same

fashion as did the old sea-dogs of Nelson's day regard the hero of

Trafalgar. 'Do not criticise him too harshly,' said Lord St. Vincent;

'there can only be one Nelson.'

These are not the real difficulties, though they seem to have pressed

somewhat heavily on Lord Penzance.

The circumstances attendant upon the publication of the Folio of 1623

are undoubtedly puzzling. Shakespeare died in 1616, leaving behind

him more than forty plays circulating in London and more or less

associated with his name. His will, a most elaborate document, does

not contain a single reference to his literary life or labours. Seven

years after his death the Folio appears, which contains twenty-six

plays out of the odd forty just referred to, and ten extra plays which

had never before been in print, and about six of which there is a very

scanty Shakespearean tradition. Of the twenty-six old plays, seventeen

had been printed in small Quartos, possibly surreptitiously, in

Shakespeare's lifetime, but the Folio does not reprint from these

Quartos, but from enlarged, amended, and enormously improved copies.

Messrs. Heminge and Condell, the editor of this priceless treasure,

the First Folio, wrote a long-winded dedication to Lords Pembroke and

Montgomery, which contains but one pertinent passage, in which they

ask their readers to believe that it had been the office of the

editors to collect and publish the author's 'mere writings,' he being

dead, and to offer them, not 'maimed and deformed,' in surreptitious

and stolen copies, but 'cured and perfect of their limbs and all the

rest, absolute in their numbers as he conceived them, who as he was a

happie imitator of Nature was a most gentle expresser of it. His mind

and hand went together, and what he thought, he uttered with that

easiness, that we have scarce received from him a blot in his papers.'

From whose custody did those 'papers' come? Where had they been all

the seven years? Of what did they consist? If in truth unblotted, all

the seventeen Quartos as well as the new plays must have been printed

from fair manuscript copies. From whom were these unblotted copies

received, and what became of them? The silence of these players is

irritating and perplexing,--though, possibly, the explanation of the

mystery, were it forthcoming, would be, as often happens, of the

simplest. It may be that these unblotted copies were in the theatre

library all the time.

Whether these interrogatories, now unanswerable, raise doubts in the

mind of sufficient potency to destroy the tradition of centuries, and

to prevent us from sharing the conviction of Milton, of Dryden, of

Pope, and Johnson that Shakespeare was the author of Shakespeare's

plays must be left for individual consideration. But, however

destructive these doubts may prove, they do not go a yard of the way

to let in Bacon.

Once more I will quote Spedding, for he, of all the moderns, by virtue

of his taste and devouring studies, is the best qualified to speak:

'Aristotle was an extraordinary man. Plato was an extraordinary

man. That two men each severally so extraordinary should have been

living at the same time in the same place was a very extraordinary

thing. But would it diminish the wonder to suppose the two to be

one? So I say of Bacon and Shakespeare. That a human being

possessed of the faculties necessary to make a Shakespeare should

exist is extraordinary. That a human being possessed of the

necessary faculties to make Bacon should exist is extraordinary.

That two such human beings should have been living in London at the

same time was more extraordinary still. But that one man should

have existed possessing the faculties and opportunities necessary

to make _both_ would have been the most extraordinary thing of

all' (see Spedding's _Essays and Discussions_, 1879, pp. 371, 372).

'Great writers, especially being contemporary, have many features

in common, but if they are really great writers they write

naturally, and nature is always individual. I doubt whether there

are five lines together to be found in Bacon which could be

mistaken for Shakespeare, or five lines in Shakespeare which could

be mistaken for Bacon, by one who was familiar with their several

styles and practised in such observations' (_Ibid._, p. 373).

In the Name of the Bodleian, and Other Essays · 第 12 / 33 题