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intricate trade； that awe…compelling trade； has competent ways of
knowing whether Shakespeare…law is good law or not； and whether
his law…court procedure is correct or not； and whether his legal
shop…talk is the shop…talk of a veteran practitioner or only a
machine…made counterfeit of it gathered from books and from
occasional loiterings in Westminster。
Richard H。 Dana served two years before the mast； and had
every experience that falls to the lot of the sailor before the
mast of our day。 His sailor…talk flows from his pen with the
sure touch and the ease and confidence of a person who has LIVED
what he is talking about； not gathered it from books and random
listenings。 Hear him：
Having hove short； cast off the gaskets； and made the bunt
of each sail fast by the jigger； with a man on each yard； at the
word the whole canvas of the ship was loosed； and with the
greatest rapidity possible everything was sheeted home and
hoisted up； the anchor tripped and cat…headed； and the ship under
headway。
Again：
The royal yards were all crossed at once； and royals and
sky…sails set； and； as we had the wind free； the booms were run
out； and all were aloft； active as cats； laying out on the yards
and booms； reeving the studding…sail gear； and sail after sail
the captain piled upon her； until she was covered with canvas；
her sails looking like a great white cloud resting upon a black
speck。
Once more。 A race in the Pacific：
Our antagonist was in her best trim。 Being clear of the
point； the breeze became stiff； and the royal…masts bent under
our sails； but we would not take them in until we saw three boys
spring into the rigging of the CALIFORNIA； then they were all
furled at once； but with orders to our boys to stay aloft at the
top…gallant mast…heads and loose them again at the word。 It was
my duty to furl the fore…royal； and while standing by to loose it
again； I had a fine view of the scene。 From where I stood； the
two vessels seemed nothing but spars and sails； while their
narrow decks； far below； slanting over by the force of the wind
aloft； appeared hardly capable of supporting the great fabrics
raised upon them。 The CALIFORNIA was to windward of us； and had
every advantage； yet； while the breeze was stiff we held our own。
As soon as it began to slacken she ranged a little ahead； and the
order was given to loose the royals。 In an instant the gaskets
were off and the bunt dropped。 〃Sheet home the fore…royal！〃
〃Weather sheet's home！〃〃Lee sheet's home！〃〃Hoist away； sir！〃
is bawled from aloft。 〃Overhaul your clew…lines！〃 shouts the
mate。 〃Aye…aye； sir； all clear！〃〃Taut leech！ belay！ Well the
lee brace； haul taut to windward！〃 and the royals are set。
What would the captain of any sailing…vessel of our time say
to that？ He would say； 〃The man that wrote that didn't learn his
trade out of a book； he has BEEN there！〃 But would this same
captain be competent to sit in judgment upon Shakespeare's
seamanshipconsidering the changes in ships and ship…talk that
have necessarily taken place； unrecorded； unremembered； and lost
to history in the last three hundred years？ It is my conviction
that Shakespeare's sailor…talk would be Choctaw to him。 For
instancefrom 〃The Tempest〃：
MASTER。 Boatswain！
BOATSWAIN。 Here； master； what cheer？
MASTER。 Good； speak to the mariners： fall to 't； yarely；
or we run ourselves to ground； bestir； bestir！
（ENTER MARINERS。）
BOATSWAIN。 Heigh； my hearts！ cheerly； cheerly； my hearts！
yare； yare！ Take in the topsail。 Tend to the master's whistle。
。 。 。 Down with the topmast！ yare！ lower； lower！ Bring her to
try wi' the main course。 。 。 。 Lay her a…hold； a…hold！ Set her
two courses。 Off to sea again； lay her off。
That will do； for the present； let us yare a little； now；
for a change。
If a man should write a book and in it make one of his
characters say； 〃Here； devil； empty the quoins into the standing
galley and the imposing…stone into the hell…box； assemble the
comps around the frisket and let them jeff for takes and be quick
about it；〃 I should recognize a mistake or two in the phrasing；
and would know that the writer was only a printer theoretically；
not practically。
I have been a quartz miner in the silver regionsa pretty
hard life； I know all the palaver of that business： I know all
about discovery claims and the subordinate claims； I know all
about lodes； ledges； outcroppings； dips； spurs； angles； shafts；
drifts； inclines； levels； tunnels； air…shafts； 〃horses；〃 clay
casings； granite casings； quartz mills and their batteries；
arastras； and how to charge them with quicksilver and sulphate of
copper； and how to clean them up； and how to reduce the resulting
amalgam in the retorts； and how to cast 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
and 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 dialects 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 perhapes； and might…have…beens； and could…have…
beens； and must…have…beens； and we…are…justified…in…presumings；
and the rest of those vague specters and shadows and
indefintenesses； 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。
VIII
Shakespeare as a Lawyer ＇1＇
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； of 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 empl