Notes for lines 2951-end ed. Hardin A. Aasand
| 3295-6 Land, with his Statuts, his recog|nisances, his fines, his double vou- 3295 | |
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| 3296 chers, his recoueries, | |
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1790 mal
mal = v1785 +
3295 his statutes] Malone (ed. 1790) : “By a statute is here meant, not an act of parliament, but a species of security for money, affecting real property; whereby the lands of the debtor are conveyed to the creditor , till out of the rents and profits of them his debt may be satisfied. MALONE”
1793 v1793
v1793 = mal +
3296 Statuts . . . recoueries] Ritson (apud Steevens, ed. 1793) : “A recovery with double vouchers is the one usually suffered, and is so denominated from two persons (the latter of whom is always the common cryer, or some such inferior person) being successively uouched , or called upon, to warrant the tenant’s title. Both fines and recoueries are fictions of law, used to convert an estate tail into a fee simple. Statutes are (not acts of parliament, but) statutes-merchant and staple , particular modes of recognizance or acknowledgement for securing debts , which thereby become a charge upon the party’s land. Statutes and recogizances are constantly mentioned together in the covenants of a purchase deed. RITSON “
1803 v1803
v1803 = v1793
3295 his statutes]
1813 v1813
v1813 = v1803
3295 his statutes]
1819 cald1
cald1 ≈ v1793
3295 Statuts] Ritson (apud Caldecott, ed. 1819) : “Statues-merchant and staple are particular modes of recognizance or acknowledgement for securing debts , which thereby become a charge upon the party’s land. Statutes and recogizances are constantly mentioned together in the covenants of a purchase deed. Ritson”
cald1=v1793
3296 double vouchers] Ritson (apud Caldecott, ed. 1819): “A recovery with double vouchers is the one usually suffered, and is so denominated from two persons (the latter of whom is always the common cryer, or some such inferior person) being successively uouched , or called upon, to warrant the tenant’s title. Both fines and recoueries are fictions of law, used to convert an estate tail into a fee simple. Ritson”
1821 v1821
v1821 = v1813
3295 his statutes]
3296 Statuts . . . recoueries]
v1821
3296 Statuts] Boswell (ed. 1821, 21:Glossary): “securities.”
1826 sing1
sing1 ≈ v1821
3296 Statuts . . . recoueries] Singer (ed. 1826) : “Shakespeare here is profuse of his legal learning. Ritson, a awyer, shall interpret for him: [repeats Ritson apud ed. 1793]
1832 cald2
cald2 = cald1
3293 Statuts]
3296 Double vouchers
1844 verp
verp = v1821 (Ritson)
3296 Statuts . . .
recoueries]
Verplanck (ed. 1844): “
Here is a profusion of legal lore, much of which has become obsolete in the progress of legal reform, ven in England. Ritson, who was a layer, may explain: “[cites Ritson
apud v1821]
1856 hud1 (1851-6)
hud1= sing1 without attribution
3296 Statuts . . . recoueries]
1857 elze1
elze1 : =Ritson (via v1821?)
3296 Statuts . . . recoueries]
1861 wh1
wh1
3295 Statuts] White (ed. 1861) : “—Not statute laws, but a process known as statute merchant, by which the lands of a debtor were placed in the possession of a creditor until his claim was satisfied out of their rents or profits.”
1865 hal
hal = mal ; v1793 (Ritson)
3295,6 Statuts, recognisances, fines, recoueries, double vouchers]
1867 Ktly
Ktly
3295,6 Statuts, recognisances, fines, recoueries, double vouchers]
Keightley (1867, pp. 423-4): <p. 423> “(sc. staple, merchant) a legal mode of securing a debt on the debtor’s land.
Recognizance in the same place is an acknowledgement by the debtor for the same purpose;
fines and
recoveries were legal modes of cutting off an </p. 423> <p. 424> entail;
double voucher was connected with a recovery, two persons being required to
vouch for the tenant’s title.” </p. 424>
1868 c&mc
c&mc ≈ v1821 (Ritson only)
3296 double uouchers, recoueries]
Clarke & Clarke (ed. 1868): “Ritson, himself a lawyer, thus explains the numerous legal terms in this speech: [cites Ritson, see v1793 above].”
1869 tsch
tsch
3296 double vouchers] Tschischwitz (ed. 1869): “voucher, normännischer Rechtausdruck für Zeuge oder Eidesheelfer; double, weil zur Rechtsgiltigkeit wenigstens zewi Zeugen nöthig sind. Das Wort ist offenbar entstanden aus folgarius bei Ducange; niederl. volgers. S. Grimm R.A. p. 859. 863” [“voucher, a Norman legal expression for the witnesses or oaths-helpers; double, because for legal validation, at least two witnesses are necessary. The word is clearly derived from folgarius in Ducange; Dutch volgers. S. Grimm . . .”]
1870 rug1
rug1 : Blackstone ; Campbell
3295,6 Statuts, recognisances, fines, recoueries, double vouchers] Moberly (ed. 1870): “For these law terms, see Blackstone, book 2, c.19, and appendix 5 to vol. 2; also Lord Campbell on Shakespere’s Legal Knowledge (ad locum), and As You Like It, pag3 39, note 3.”
We should probably check Campbell’s text . See Nick’s entry in the Bib: Rushton, William Lowes, Shakespeare’s Legal Maxims. Liverpool: Henry Young & Sons, 1907. BL Shelfmark: 11765,pp.3. This edition is a follow-up to a collection of illustrations published when Rushton was a student-at-law. Rushton points out in his Notice that the Liverpool Albion’s review of this earlier pamphlet had noted that Lord Campbell had published a similar work some time afterwards, “availing himself, without acknowledgement, of Mr. Ruhton’s labours.” Rushton’s pamphlet was referred to by reviewers as “a second edition of ‘Shakespeare a Lawyer.’” Elze, Rushton points out, recognized “Lord Campbell, ‘Shakespeare’s Legal Acquirements,’ London, 1858” [in (William Shakespeare, 1876). Rushton, however, cautions readers against using Cambell’s pamphlet “because the book contains many mistakes,” implicitly recommending his own pamphlet as superior. Faulting commentators for overlooking legal maxims mainly because they are to be seen in Latin, Rushton points out that “Shakespeare never quotes legal maxims in Latin” but gives “correct translations of them which are so embodied in his verse and prose that they have not the appearance of quotations.” In his opinion, Shakespeare’s correct translations of legal maxims are “the only satisfactory evidence we have to his knowledge of Latin” (p.9). Passages in Hamlet are linked to various legal maxims: Latin maxim, English translation, and comment are not included in each case. Passages: 2713-6 (pp. 21-2), 3678-88 (p. 40), 3689-96 (pp.40-2), 3190-3211 (pp. 47-8), 3550-6 (pp. 52-3). FNC transcribed all Hamlet items; no photocopy made (8/98).
1872 cln1
cln1 : Cowel
3295 Statuts] Clark & Wright (ed. 1872): “‘Statute, statutum, has divers significations; as first it signifies an Act of Parliamant . . . . Statute, in another signification, is a short Writing called a Statute-Merchant or a Statute-Staple, which are in the nature of Bonds . . . . and are called Statutes, because made according to the forms expressly provided by Statutes, which direct both before what persons and in what manner they oguht to be made.’ Cowel’s Law Dictionary, s.v.”
cln1 : Cowell
3295-6 recognisances] Clark & Wright (ed. 1872): “‘Recognisance . . . is as a Bond or Obligation of Record testifying the Recognisor to owe to the Recognisee a certain sum of money.’ Cowel, s.v. All the other legal terms enumerated by Hamlet are explained by Cowel, or by Jacob in his Law Dictionary.”
1872 hud2
hud2 = hud1
3296 Statuts . . . recoueries]
1873 rug2
rug2=rug1
3295,6 Statuts, recognisances, fines, recoueries, double vouchers]
1877 v1877
v1877 = v1821 (RITSON)
3296 Statuts . . . recoueries]
1881 hud3
hud3 = hud2
3296 Statuts . . . recoueries]
1890 irv2
Irv2
3295-6 his Statuts . . . recoueries] Symons (in Irving & Marshall, ed. 1890): “Compare Dekker, Gull’s hornbook, ch. v: ‘There is another ordinary, to which your London usurer, your stale bachelor, and your thrifty attorney do resort; . . . every man’s eye here is upon the other man’s trencher, to note whether his fellow lurch him or not: if they chance to discourse, it is of nothing but of statutes, bonds, recognizances, fines, recoveries, audits, rents, subsidies, sureties, inclosures, liveries, indictments, outlawries, feoffments, judgments, commissions, bankrupts, amercements, and of such horrible matter.’”
Irv2
3295 Statuts] Symons (in Irving & Marshall, ed. 1890): “mortgages.”
1899 ard1
ard1 ≈ v1877 (Ritson?) w/o attribution
3295-6 Statuts, recognisances, fines, double vouchers, recoueries] Dowden (ed. 1899): “
1906 nlsn
nlsn: standard
3295 Statuts] Neilson (ed. 1906, Glossary)
3295-6 recognisances] Neilson (ed. 1906, Glossary)
1931 crg1
crg1 ≈ standard
3295 Statuts]
3295-6 recognisances]
3299 double vouchers]
3296 recoueries]
crg1
3296 fines] Craig (ed. 1951): “The four uses of this word are as follows: (1) end, (2) legal process, (3) elegant, (4) small.”
1934 rid1
rid1 ≈ standard
3294-3303 this . . . ha] Ridley (ed. 1934): “Shakespeare, as often, is punning on legal terminology. The technicalities are concerned with land tenure, and hardly worth giving in detail.”
1934 cam3
cam3
3295-6 his Statuts . . . recoueries] Wilson (ed. 1934): “v. G[lossary]. for these terms, which suggest the sleights employed by the lawyer to get his neighbours’ land into his own possession. Cf. Potter, Hist. of the Common Law, 1934, pp. 449-56.”
cam3
3295 his Statuts] Wilson (ed. 1934, Glossary): “a legal document or bond in acknowledgment of debt, by virtue of which ‘the creditor may immediately have execution upon the debtor’s body, land and goods,’ and which therefore gave him control over his land.”
cam3 : standard
3295-6 recognisances] Wilson (ed. 1934, Glossary): “a kind of ‘statute’ (q.v.). ‘Statutes’ and ‘recognizances’ are commonly mentioned together in the coveants of purchase deeds.”
3296 fines] Wilson (ed. 1934, Glossary): “(a) a fictitious suit for the conversion of estate tail into fee simple (v. fee).” Wilson provides the following definition of fee: “in fee’=in ice simple, with absolute possession, freehold.”
3296 recoueries] Wilson (ed. 1934, Glossary): “(a) ‘the process, based on a legal fiction, by which entailed estate was commonly transferred’ (N.E.D.), (b) attainment (v. N.E.D. 7).”
3299 double vouchers] Wilson (ed. 1934, Glossary): “legal devices for ‘recovery’ (q.v.) or converting estate entail into fee simple, involving fictitious actions and the summoning (vouching) of men of straw to warrant titles which all parties wish invalidated, and which become invalidated by the vouchees defaulting.”
1939 kit2
kit2 ≈ v1877 w/o attribution (Ritson) +
3295 Statuts] Kittredge (ed. 1939): “Cf. Histriomastix, iv, 1 (ed. Simpson, II, 56): ‘Whilst slaves tye fast our Lands In Statute Staple, or these Marchants bands.’”
3299 double vouchers]
1937 pen1a
pen1a : standard
3295 Statuts]
3295-6 recognisances]
3296 fines]
1942 n&h
n&h ≈ standard
3295 Statuts]
3295-6 recognisances]
3296 fines]
1947 Cln2
Cln2 ≈ standard (CAM3?)
3295 Statuts]
3295-6 recognisances]
3296 fines]
3299 double vouchers]
3296 recoueries]
1951 alex
alex ≈ standard
3295-6 recognisances] Alexander (ed. 1951, Glossary)
1951 crg2
crg2=crg1
3295 Statuts]
3295-6 recognisances]
3299 double vouchers]
3296 recoueries]
3296 fines]
1954 sis
sis ≈ standard
3295-6 recognisances] Sisson (ed. 1954, Glossary):
3296 recoueries] Sisson (ed. 1954, Glossary):
3292 sconce] Sisson (ed. 1954, Glossary):
3299 double vouchers] Sisson (ed. 1954, Glossary, voucher):
1957 pel1
pel1 : standard
3295 Statuts]
3295-6 recognisances]
3296 recoueries]
3296 fines]
1970 pel2
pel2=pel1
3295 Statuts]
3295-6 recognisances]
3296 recoueries]
3296 fines]
1974 evns1
evns1 ≈ standard
3295-96 Statuts, recognisances]
3296 fines]
3299 double vouchers]
1980 pen2
pen2 ≈ standard
3295-96 Statuts, recognisances]
3296 fines]
1982 ard2
ard2 ≈ Cam3 w/o attribution
3295 Statuts]
3295-6 recognisances]
1984 chal
chal : standard
3294 his Statuts]
3295-6 recognisances]
1984 chal
chal : standard
3295-6 fines . . . recoueries] Wilkes (ed. 1984): "procedures for overcoming legal obstacles to the transfer of estates."
1984 chal
chal : OED
3299 vouchers] Wilkes (ed. 1984): "’the summoning of a person into court to warrant the title to a property.’:
1984 chal
chal :
3299 double vouchers] Wilkes (ed. 1984): "a double voucher is when the person so summoned cites another prson in his stead."
1985 cam4
cam4
3295 Statuts]
3295-6 recognisances]
cam4 : Clarkson
3296 double vouchers, his recoueries] Edwards (ed. 1985): “Like fines, recoveries were fictitious suits to obtain the authority of a court judgement for the holding of land. A voucher, or vocatio, calls in one of the parties necessary in this action—a double voucher rendering the tortuous process even more secure ((see the full account in Clarkson and Warren, The Law of Property in Shakespeare, pp. 128-30)).”
1987 oxf4
oxf4 : OED
3295 Statuts]
oxf4 : Onions
3295-6 recognisances] Hibbard (ed. 1987): “bonds or obligations testifying that one party owes the other a certain sum of money ((Onions)).”
3296 fines] Hibbard (ed. 1987): “A fine was an ‘amicable agreement of a fictitious suit for the possession of lands, formerly in vogue where the ordinary modes of conveyance were not available or equally efficacious’ ((Onions)).”
oxf4 = Cam3
3299 double vouchers]
1992 fol2
fol2≈ standard
3295 Statuts]
3295-6 recognisances]
3299 vouchers]
1993 dent
dent ≈ standard
3295 Statuts]
3295-6 recognisances]
3299 vouchers]
2008 OED
OED≈ standard
3295 3295 Statuts]]]OED A destructive or corrosive agent, and related uses.
II. Uses originating in ellipsis.
4. Applied to certain legal instruments or procedures based on the authority of a statute. a. A STATUTE MERCHANT or STATUTE STAPLE; a bond or recognizance by which the creditor had the power of holding the debtor’s lands in case of default. b. statute of bankrupt, statute of lunacy: the process by which a person was declared a bankrupt or a lunatic. Obs.
a. 1475 Rolls of Parlt. VI. 120/2 By any statut or recouvere extended. 1596 BACON Maxims Com. Law i. (1636) 2 If I be bound to enter into a statute before the Mayor of the Staple at such a day.[etc.]
OED≈ standard
3295-6 recognisances]]]OED A destructive or corrosive agent, and related uses.
1. Law. A bond or obligation, entered into and recorded before a court or magistrate, by which a person engages himself to perform some act or observe some condition (as to appear when called on, to pay a debt, or to keep the peace); also, a sum of money pledged as a surety for such performance and rendered forfeit by neglect of it.
c1386 CHAUCER Shipman’s T. 330 He was bounden in a reconyssaunce, To paye twenty thousand sheeld anon.
should receiue my statute safely. c1600 SHAKES. Sonn. cxxxiv. 9. 1602 Ham. V. i. 113 This fellow might be in’s time a great buyer of Land, with his Statutes, his Recognizances, his Fines.
OED≈ standard
3295-6 vouchers]]OED 1. a. Law. The summoning of a person into court to warrant the title to a property. voucher over (cf. VOUCH v. 1c).
1531 Dial. on Laws Eng. II. iv. Gvb, If suche a recouerye be had of rente with a voucher ouer, then it shalbe taken to be of lyke effecte as recoueryes of landes be in suche maner as we haue treated of before.
3295 3296
