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		<title>The Case for Oxford Revisited</title>
		<link>http://www.shakespeare-oxford.com/?p=971</link>
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		<pubDate>Sat, 09 Jul 2011 21:29:55 +0000</pubDate>
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		<description><![CDATA[Ramon Jiménez In his recent biography of William Shakespeare, the critic Jonathan Bate writes: &#8220;Gathering what we can from his plays and poems: that is how we will write a biography that is true to him’ (xix). This statement acknowledges a widely recognized truth&#8212;that a writer’s work reflects his milieu, his experiences, his thoughts, and [...]]]></description>
			<content:encoded><![CDATA[<h4>Ramon Jiménez</h4>
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<p>In his recent biography of William Shakespeare, the critic Jonathan Bate writes: &#8220;Gathering what we can from his plays and poems: that is how we will write a biography that is true to him’ (xix). This statement acknowledges a widely recognized truth&#8212;that a writer’s work reflects his milieu, his experiences, his thoughts, and his own personality. It was the remarkable gap between the known facts about Shakespeare of Stratford and the traits and characteristics of the author revealed in the Shakespeare canon that led an English schoolmaster to suppose that the real author was someone else, and to search for him in the backwaters of Elizabethan poetry.</p>
<p>This inquiry led him to conclude that ‘William Shakespeare’ was a <em>nom de plume</em> that concealed the identity of England’s greatest poet and dramatist, and that continued to hide it from readers, playgoers, and scholars for hundreds of years. In 1920, J. Thomas Looney published his unique work of investigative scholarship, demonstrating that the man behind the Shakespeare name and the Shakespeare canon was Edward de Vere, the 17th Earl of Oxford (1550&#8211;1604).<a href="#ref1" id="fn1">[1]</a> Since then, hundreds of books and articles have augmented the evidence that this unconventional nobleman and courtier not only wrote the plays and poems attributed to Shakespeare, but concealed the fact of his authorship throughout his life. It appears that after his death his descendants and those in their service deliberately substituted an alternative author and fabricated physical and literary evidence to perpetuate the fable. </p>
<p>The web of evidence associating Oxford with the Shakespeare canon is robust and far-reaching, and grows stronger and more complex every year. Although he was recognized by his contemporaries as an outstanding writer of poetry and plays, he is the only leading dramatist of the time whose name is not associated with a single play. This fact, alone, about any other person would be sufficient to stimulate intense interest and considerable research. Yet the Shakespearean academic community has not only failed to undertake this research itself, it has willfully and consistently refused to allow presentations or to publish research on the Authorship Question by anyone who disputes the Stratford theory. What Oxfordian research it does not ignore, it routinely dismisses, usually with scorn and sarcasm, as unworthy of serious consideration. </p>
<p>However, during the ninety years since Looney’s revelations, the continuing and comprehensive investigation of the biography of the putative author, William Shakespeare of Stratford-upon-Avon, has failed to produce any evidence of his connection to the Shakespeare canon, other than several ambiguous phrases in the prefatory material to the First Folio, published seven years after his death (Price, ‘Unorthodox,’ 190&#8211;1). In addition, repeated examinations of the documents of the Elizabethan theater have unearthed nothing that supports the theory of the Stratford man’s authorship, and have revealed that no one who knew him associated him with literature of any kind.<a href="#ref2" id="fn2">[2]</a> On the other hand, Looney’s conclusions, drawn from the plays and poems themselves, about the playwright’s personality, his education, his selection of plots and characters, his familiarity with foreign countries and languages, his attitudes about women, money, public order, and the crown, all comport with what we have learned about Edward de Vere.</p>
<h4>Attributes of the Playwright </h4>
<p>Walt Whitman was one of the first to doubt the Stratford theory and to suggest that the author was an aristocrat—‘one of the ‘wolfish earls’ so plenteous in the plays themselves, or some born descendant and knower . . .’ (II 404). It is a truism that Shakespeare almost always writes from an aristocratic point of view and tends to support the interests and reflect the attitudes of the aristocracy. His heroes and his villains are members of royal families, the nobility, or the wealthy, and all but one of the plays are set in their royal courts or their homes. A great number of the images and metaphors that Shakespeare uses come from the hobbies and diversions of Elizabethan aristocrats and wealthy people: falconry; hunting, especially with dogs; fencing and dueling; archery; horsemanship; bowls; and card games. Shakespeare reveals not only a precise and comprehensive knowledge of all these activities, but a facile and consistent use of language, imagery, simile and metaphor based upon them (Spurgeon 26&#8211;7, 30&#8211;2, 110&#8211;11). There is little argument that the canon reflects these characteristics. The historian Hugh Trevor-Roper described Shakespeare as a ‘cultured, sophisticated aristocrat, fascinated alike by the comedy and tragedy of human life, but unquestioning in his social and religious conservatism’ (42). </p>
<p>Another distinctive characteristic of the playwright is his obvious interest and competence in music. ‘In no author are musical allusions more frequent than in Shakespeare’ (Squire 32). In the plays and poems there are hundreds of images, metaphors, and passages relating to music, as well as numerous ballads, love songs, folk songs, and drinking songs. The playwright demonstrates a clear technical knowledge of musical theory and practice, writing about the musicians, the instruments, and even the notes (Squire 32&#8211;49).</p>
<p>These attributes and characteristics comport precisely with those of the 17th Earl of Oxford—a courtier, aristocrat and Lord Great Chamberlain of England who was an intimate of both Queen Elizabeth and her Principal Secretary, William Cecil, whose daughter he married at his coming-of-age. Oxford was praised for his affection for and competence in music, and for his patronage of musicians and composers, notably John Farmer and William Byrd (Ward 203&#8211;4; Anderson 205). However, these are only the most obvious similarities between him and the playwright Shakespeare. The details of his education, his literary and theatrical activities, his personal experiences, his travels, and the people surrounding him all supply strong evidence that he is the author of the Shakespeare canon.</p>
<h4>Oxford’s Early Environment and Education </h4>
<p>Among Shakespeare scholars, there is general agreement that he was one of the best read and most broadly educated playwrights of the Renaissance. In the words of Emerson, ‘His mind is the horizon beyond which, at present, we do not see’ (254). He displays a wide-ranging familiarity with the literature of Elizabethan England and the continent, as well as with the classics of ancient Rome and Greece. Besides literature, he was also obviously interested in and familiar with a variety of scholarly subjects, such as botany, astronomy, medicine, and philosophy. Scholars have identified hundreds of plays, poems, novels, histories, etc. by dozens of authors that he referred to, quoted, or used as sources (Gillespie 521&#8211;8). His use of untranslated works in Latin and Greek, as well as his frequent use of words from, and creation of words derived from, those languages, attest to his competence in both (Theobald 14&#8211;15). </p>
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<p>The facts and circumstances surrounding Oxford’s childhood and adolescence suggest an environment and an upbringing that would have been an ideal preparation for a poet and dramatist, especially one who would write about the characters and subjects that dominate the Shakespeare canon. The tradition of sponsoring playing companies by the de Vere family was in place no later than 1490, during the tenure of John, the 13th Earl (Lancashire 106, 407)—a tradition maintained by Oxford’s father and Edward himself. The author of one of the earliest English history plays, John Bale, wrote it for Oxford’s grandfather in the 1530s and subsequently revised it for a performance for Queen Elizabeth during her visit to Ipswich in 1561 (Harris 71). It is likely that Oxford was in attendance. As a young child he lived with, and was tutored by, Sir Thomas Smith, one of England’s greatest scholars, and the owner of an extensive library (Hughes 1, 9). His father’s sister Frances was the widow of Henry Howard, Earl of Surrey, a major poet who is credited with the first sonnets written in the distinctive Shakespearean form, a modification of the Petrarchan sonnet. </p>
<p>Oxford matriculated at Cambridge at age eight, and was later awarded Masters’ Degrees by both Oxford and Cambridge Universities (Ward 11, 22, 27). In his collection of studies of the Elizabethan drama, Frederick A. Boas refers to ‘the curious fact that Shakespeare shows familiarity with certain distinctively Cambridge terms’ (47&#8211;9).<a href="#ref3" id="fn3">[3]</a> In 1562 Oxford’s father died, and the twelve-year-old became a royal ward. He was sent to London to live in the home of William Cecil, later Lord Burghley, Principal Secretary to the Queen. A surviving schedule of Oxford’s rigorous daily schooling in Cecil’s household (Ward 19&#8211;20) confirms that he was a student in what G. P. V. Akrigg has called ‘the best school for boys to be found in Elizabethan England’ (25).</p>
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The early environment and education of Oxford prepared him to be the writer Shakespeare was, and led him to fill his dramas with the same kings and queens, aristocrats, clergymen, and courtiers he saw about him.<br />
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<p>The early environment and education of Oxford prepared him to be the writer Shakespeare was, and led him to fill his dramas with the same kings and queens, aristocrats, clergymen, and courtiers he saw about him. </p>
<p>By his early teens, Oxford had already been recognized as a precocious student. In 1563 his tutor, the antiquary, Laurence Nowell, advised Cecil that his services would not much longer be needed (Ward 20). In a translation from the Latin that was dedicated to him in 1564, Oxford was praised for ‘a certain pregnancy of wit and ripeness of understanding’ by his uncle, the classical translator Arthur Golding (Chiljan, ‘Dedications’ 4). As the heir to one of England’s oldest earldoms and a member of the Cecil household, Oxford was embedded in an environment that figured prominently in the Shakespeare canon—the royal court and the center of English culture, power, and wealth. ‘Cecil House was England’s nearest equivalent to a humanist salon… As a meeting place for the learned it had no parallel in early Elizabethan England’ (van Dorsten 195). Besides being the dedicatee of dozens of literary works, Cecil was also one of the premier book and manuscript collectors of the Elizabethan age, and modern scholars have described his extensive library (Jolly 6). There is clear documentation that Oxford purchased a Geneva Bible, and editions of Chaucer and Plutarch, all major sources of Shakespeare’s plays (Ward 33). When he was in his early teens, his uncle Arthur Golding translated Ovid’s <em>Metamorphoses</em>, probably Shakespeare’s most important source. Thus, the early environment and education of Oxford prepared him to be the writer Shakespeare was, and led him to fill his dramas with the same kings and queens, aristocrats, clergymen, and courtiers he saw about him. </p>
<h4>Literary and Theatrical Activities </h4>
<p>Evidence of Oxford’s literary activity and his association with the Elizabethan theater extends from his teen years to the end of his life. Beginning in 1564, he was the dedicatee of more than two dozen books, including a dozen works of translation and imaginative literature, produced by poets, playwrights, and translators, such as Thomas Watson, Robert Greene, and Arthur Golding. The interests of Shakespeare the playwright are reflected in several other books dedicated to the Earl of Oxford—on medicine, on music, and on the military.<a href="#ref4" id="fn4">[4]</a>   The Earl was repeatedly cited as a generous patron and a keen reader of poetry and prose, foreign and English, both contemporary and classical. </p>
<p>Poems first appeared in print over the Earl of Oxford’s initials in a widely-read Elizabethan collection, <em>The Paradise of Dainty Devices</em>, published in 1576 and repeatedly reprinted for the rest of the century. These poems have been praised as experimental, innovative, and skilful. According to Stephen W. May, Oxford’s youthful poems in <em>Paradise</em> ‘create a dramatic break with everything known to have been written at the Elizabethan court up to that time’ (53). He describes poem 4, in which the author cries out against ‘this loss of my good name,’ as a ‘defiant lyric without precedent in English Renaissance verse’ (53). The charged subject of this eighteen-line <em>cri de coeur</em> has been associated with an accusation made by Oxford’s half-sister Katherine in 1563, when he was thirteen, that he was born of a bigamous marriage, and was therefore illegitimate (Anderson 24). </p>
<p>Oxford’s poems have been linked to Shakespeare by Joseph Sobran, who found some 250 phrases, lines, and images in 20 of his poems that are repeated one or more times in the Shakespeare canon, an average of about a dozen per poem (231&#8211;70). He found hundreds of similar echoes of the canon in Oxford’s letters (170&#8211;1).<a href="#ref5" id="fn5">[5]</a> </p>
<p>At the age of 21 the Earl of Oxford sponsored the translation into Latin of Castiglione’s <em>Il Cortegiano</em> and wrote a prefatory note in Latin to the translator Bartholomew Clerke. The following year he commissioned and wrote an introductory letter to Thomas Bedingfield’s English translation of <em>De Consolatione</em> (<em>Cardanus’s Comfort</em>), a work recognized by orthodox scholars as ‘Hamlet’s book’ (Craig 17&#8211;37; Campbell 17, 133&#8211;4). He employed well-known literary men, such as John Lyly, Anthony Munday, and Abraham Fleming as his secretaries, the former two being playwrights (Anderson 482). For almost a decade he maintained an unconventional literary salon near the theater district that was a headquarters for impecunious poets and playwrights (Anderson 156&#8211;61). </p>
<p>In 1573 the Cambridge scholar Gabriel Harvey wrote that Oxford’s introduction to <em>Cardanus’s Comfort</em> was an example of ‘how greatly thou dost excel in letters,’ and praised him as the writer of ‘many Latin verses’ and ‘many more English verses’ (Anderson 139). He was cited by name in three different works of literary commentary as a leading poet and playwright. In <em>A Discourse of English Poetry</em> (1586) William Webbe praised the Earl of Oxford as the ‘most excellent’ of poets at court (Smith I, 243), and the anonymous author of <em>The Arte of English Poesie</em> (1589) asserted that he would be known as the best of the courtly poets ‘if their doings could be found out’ (Smith II, 65). This judgment is confirmed by more recent critics, such as A. B. Grosart, W. J. Courthope and Sidney Lee, who asserted that Oxford ‘wrote verse of much lyric beauty’ (Looney 124&#8211;5; Lee 228). </p>
<p>De Vere’s life-long association with the theater, with players, and with playwrights is unquestionable. During the 1580s, and as late as 1602, he sponsored his own playing companies, and in 1583 leased one of the earliest private Elizabethan theaters, the Blackfriars, for the use of his own troupe, the Earl of Oxford’s Boys (Anderson 187&#8211;8). In Palladis Tamia (1598), a commonplace book of similes, quotations, and observations on all manner of subjects, Francis Meres included him in a list of the best comic playwrights. However, no play bearing his name has survived, nor has his name ever been associated with any play. </p>
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Over a period of more than four decades, repeated opaque suggestions were made that there was an unknown writer behind the Shakespeare name who could not be revealed.<br />
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<p>Over a period of more than four decades, repeated opaque suggestions were made that there was an unknown writer behind the Shakespeare name who could not be revealed. In the ‘L’envoy’ to his poem ‘Narcissus’ (1595), Thomas Edwards devoted fifteen stanzas to describing several contemporary poets, identifying each of them by a name from one of their poems. In the three stanzas describing the author of ‘Adon’ (referring to <em>Venus and Adonis</em>), he used such phrases as ‘in purple robes destain’d,’ ‘one whose power floweth far,’ ‘the only object and the star,’ and ‘he differs much from men / Tilting under Frieries.’ These and other phrases have been shown to point in general to a leading nobleman, and particularly to the Earl of Oxford (Stritmatter, ‘Tilting’ 1, 18&#8211;20). </p>
<p>In his pamphlet <em>The Scourge of Folly</em> (1610), the poet John Davies of Hereford addressed ‘Shake-speare’ [sic] as ‘our English Terence’ (II, 26), a comparison very likely referring to the tradition that the comedies of the former slave and Roman playwright Terence were actually written by the aristocrats Scipio Africanus and Gaius Laelius. The assertion was first made in 50 BCE by Cicero in a letter to his friend Atticus (271), and again in the next century by the rhetorician Quintilian (IV 57). </p>
<p>In <em>The Schoolmaster</em> (1570) Roger Ascham repeated the assertion (143&#8211;4), as did Montaigne, whose essays were translated by John Florio in 1603 (199). Similar suggestions about a concealed poet were made in 1598 by John Marston in Scourge of Villanie (Ogburn 401&#8211;2) and in 1612 by Henry Peacham in Minerva Britannia (Stritmatter, Minerva). </p>
<p>These examples do not exhaust the abundant evidence that Oxford was a significant literary figure throughout his lifetime, and that he was referred to as the concealed author behind the Shakespeare pseudonym. </p>
<h4>Legal Training and Experience in the Military </h4>
<p>Shakespeare’s familiarity with the law and his frequent use of legal language has long been a subject of intense interest. The most recent analysis of the legal terms, concepts, and procedures occurring in the Shakespeare canon conclusively demonstrates that he had an extensive and accurate knowledge of the law (Alexander 110&#8211;11). He used more than two hundred legal terms and legal concepts in numerous ways—as case references, as similes and metaphors, images, examples, and even puns—with an aptness and accuracy that can no longer be questioned. In 1567 Oxford matriculated at Gray’s Inn, one of the Elizabethan law colleges. He was a member of the House of Lords for more than thirty years, a juror in two of the most important treason trials of the period, and was involved in legal matters and court suits throughout his life.</p>
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Shakespeare used more than two hundred legal terms and legal concepts in numerous ways, with an aptness and accuracy that can no longer be questioned.<br />
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<p>Shakespeare’s intimate knowledge of military affairs was noticed in the mid-nineteenth century, and has more recently been fully documented. According to the compiler of a dictionary of his military language, Shakespeare possessed ‘an extraordinarily detailed knowledge of warfare, both ancient and modern’ (Edelman 1). Nearly all the history plays, as well as <em>Othello</em>, <em>Antony and Cleopatra</em> and <em>Troilus and Cressida</em>, are set in a place and time of armed conflict, and numerous obscure military analogies and references can be found throughout the canon. Several of Shakespeare’s most enduring characters are soldiers or ex-soldiers, including the faux soldier Sir John Falstaff. One of Oxford’s most fervent wishes as a young man was to serve his Queen in the military against her enemies. After missing a chance because of illness, he rode with an English army in the Scottish campaign in 1570 before he was 20, and later faced the Spanish in the Netherlands as Commander of the Horse in 1585 (Anderson 41&#8211;3, 204&#8211;206).</p>
<p>Shakespeare’s knowledge of the sea and ships is just as striking and comprehensive. According to naval officer A. F. Falconer, there is a ‘surprisingly extensive and exact use of the technical terms belonging to sailing, anchor work, sounding, ship construction, navigation, gunnery and swimming’ in the Shakespeare canon. He adds that ‘Shakespeare does not invent sea terms and never misuses them’ (vii). Again, Oxford had ample opportunity to become familiar with ships and the sea. The trip from the de Vere home in Essex to London was routinely made by ship from the seaside town of Wivenhoe at the mouth of the Colne River, where the de Veres had had an estate for over a century. Oxford made at least two Channel crossings during his 20s and traveled extensively by water in and around Italy during his visit in 1575&#8211;6. There is also evidence that he was aboard ship in the preliminary maneuvers against the Spanish Armada in the summer of 1588 (Anderson 223&#8211;25). </p>
<p>Thus, three distinctive characteristics that the author of the Shakespeare canon displayed—an authoritative knowledge of the law, the military, and ships and the sea, are readily explained by the record of Oxford’s activities. No other candidate for the authorship, including Shakespeare of Stratford, had these kinds of personal experiences. </p>
<p><img alt="" src="http://shakespeare-oxford.com/wp-content/uploads/italy_map.jpg" class="alignleft" width="301" height="350" /></p>
<h4>France and Italy Prominent in the Canon </h4>
<p>The concordance between Shakespeare’s detailed knowledge of the language, culture, and geography of Italy and France and the travels of Edward de Vere in those countries is one of the strongest indicators that they were one and the same person. It is well-known that Elizabethan imaginative literature, especially its drama, was heavily indebted to Italian sources and models, and made use of such devices from Italian drama as the chorus, the dumb show, and the play-within-the play (Grillo 65). To no other writer did this apply more than to Shakespeare. Fully a third of the plays in the canon take place in Italy, including ancient Italy, and another half dozen in France. In addition, more than a dozen are wholly or partially derived from Italian plays or novels.</p>
<p>Scholars have repeatedly documented Shakespeare’s unexplained familiarity with the geography, social life, and local details of many places in Italy, especially northern Italy.<a href="#ref6" id="fn6">[6]</a> ‘When we consider that in the north of Italy he reveals a… profound knowledge of Milan, Bergamo, Verona, Mantua, Padua and Venice, the very limitation of the poet&#8217;s notion of geography proves that he derived his information from an actual journey through Italy and not from books’ (Grillo 146). Italian scholar Noemi Magri has identified the locales and documented the accuracy of numerous details in <em>Two Gentlemen of Verona</em> and <em>The Merchant of Venice</em> .<a href="#ref7" id="fn7">[7]</a> </p>
<p>Nor is Shakespeare’s knowledge of Italy limited to details of geography and local custom. It is clear that he directly observed and was profoundly affected by Italian painting and sculpture, and used several specific works—murals, sculptures, and paintings—as the bases for incidents, characters, and imagery in his plays and poems. For instance, the language and imagery in <em>The Winter’s Tale</em>, <em>Love’s Labour’s Lost</em>, <em>Venus and Adonis</em>, and <em>Lucrece</em> have been traced to the sculpture and murals of Giulio Romano in Mantua’s Ducal Palace and Palazzo Te, and elsewhere in the same city (Hamill, Ghosts 86&#8211;92). The original Italian paintings that inspired three of the ‘wanton pictures’ described in <em>The Taming of the Shrew</em> (Ind. 2.49&#8211;60) have been located and identified with a high degree of certainty.<a href="#ref8" id="fn8">[8]</a> During the 1570s they could be seen at three places on Oxford’s itinerary—Fontainebleau, Mantua, and Florence (Magri 4&#8211;12). </p>
<p>Among the most striking examples of Shakespeare’s knowledge of Italy are the acute observations he makes about Italian attitudes and behavior. As de Vere biographer Mark Anderson points out (xxx), the dramatist ‘knew that Florence’s citizens were recognized for their arithmetic and bookkeeping’ (Othello 1.1.19&#8211;31); ‘he knew that Padua was the “nursery of arts,” and that Lombardy was ‘the pleasant garden of great Italy’ (The Taming of the Shrew I.i.1&#8211;4); and he knew that ‘a dish of baked doves was a time-honored northern Italian gift’ (<em>The Merchant of Venice</em> II.ii.135&#8211;6). Moreover, these observations are made in a natural and unobtrusive way and are entirely appropriate in their context. Critics have observed that in plays by some other dramatists, such as Jonson and Webster, such details are intrusive and unsubtle, as if they were taken from books (Furness 72&#8211;3; Elze 270&#8211;7).</p>
<p>After waiting several years for permission from the Queen to leave England, Oxford was allowed to travel to Paris and then to Italy via Strasbourg in February 1575. After leasing quarters in Venice, he toured Italy for more than a year, visiting nearly all the locations in Shakespeare&#8217;s Italian plays, including Milan, Padua, Verona, Florence, Mantua, and Palermo (Anderson 74&#8211;107). Significantly, the Italian cities and city-states that Oxford did not visit, such as Bergamo, Naples, Ravenna, etc., are not mentioned in the Shakespeare canon. Shakespeare’s Italy, it turns out, is the Italy that Oxford visited. </p>
<h4>Why the Anonymity? </h4>
<p>One of the central questions about the case for Oxford that has not been definitively answered is why he concealed his authorship of the canon and used a pseudonym. Of the several possible reasons for this, the most obvious is the so-called ‘stigma of print,’ the idea that the creative work of self-respecting aristocrats, including most courtiers, was merely a pastime, a leisure activity. Allowing it to appear in print over their own names suggested a crass seeking of publicity or even monetary compensation.<a href="#ref9" id="fn9">[9]</a> The stigma applied especially to playwriting. Even late into Elizabeth’s reign ‘the condemnation of public plays and the people concerned with them was fairly general’ (Bentley 43). </p>
<p>Another reason for anonymity was simple custom. Most of the plays performed during Elizabeth’s reign were never published, and most of those printed appeared without an author’s name (Maxwell 5&#8211;6). Plays now attributed to Lyly, Peele, Greene, Kyd, Marlowe, Heywood, Drayton, Shakespeare, and dozens of others were first printed anonymously. As Alfred Hart wrote about Elizabethan printed plays, ‘It is correct to state that anonymity was the rule rather than the exception’ (6). There is no evidence that the author of the Shakespeare canon had any interest or role in the publication of his plays or poems. Nor is there any record that he objected or intervened when corrupt or allegedly ‘pirated’ editions were published (Price ‘Unorthodox,’ 129&#8211;30, 170). But it is possible that he had a hand in the publication of his two narrative poems, <em>Venus and Adonis</em> (1593) and <em>Lucrece</em> (1594), both of which appear to have been carefully edited. </p>
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Oxford may have imposed anonymity upon himself, or had it imposed by higher authorities, because of some aspect of his personal behavior.<br />
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<p>A third reason for anonymity, one that appears to apply directly to the Earl of Oxford, has to do with his position as hereditary Lord Great Chamberlain of England who had a close association with Queen Elizabeth. Many prominent figures in the court and in the highest levels of government were the targets of satire in the Shakespeare plays, some of it extremely disparaging. Knowledge that the author was a genuine insider who had a personal acquaintance with the subjects of his satire would make them easier to identify and would lend credence to his mocking portraits. In this case, it might have been William Cecil, or even the Queen, who required that Oxford remain anonymous. </p>
<p>Finally, Oxford may have imposed anonymity upon himself, or had it imposed by higher authorities, because of some aspect of his personal behavior. Late in 1580, he confessed to the Queen that he and some others had been reconciled to the Catholic Church. This led to the arrest of two of his acquaintances, Henry Howard and Charles Arundel, who then unleashed a lengthy screed of invective against him that accused him of everything from treason to pederasty (Anderson 165&#8211;9). </p>
<p>In March of the next year, Anne Vavasour, a 19-year-old lady-in-waiting to the Queen, gave birth to Oxford’s son, the pregnancy being actually her second by him. The three of them were sent to the Tower, where Oxford remained until released by the Queen in June, but he was banned from the court for another two years (Anderson 172&#8211;3). At the time, Oxford had been living apart from his wife for five years because of his suspicion that she had betrayed him with another man. Although he reunited with her in 1582, these scrapes and scandals, and certain other indignities, may have led him to consider himself in disrepute and disgrace, which, along with regret and awareness of imminent death, are the themes of a dozen or more of his sonnets (Cossolotto 8&#8211;12). </p>
<p>It appears that Oxford assented to the publication of <em>Venus and Adonis</em> and <em>Lucrece</em>, and wrote the very personal dedications to Henry Wriothesley, 3rd Earl of Southampton, who is widely believed to be the Fair Youth of the <em>Sonnets</em>. It may have been that he was anxious that his relationship with him, whatever it was, not be known to the public, and for this reason caused the dedications to be signed with the pseudonym ‘William Shakespeare.’ The name recalls the Greek goddess Athena, who was said to have sprung from the brow of Zeus brandishing a spear. She was the protector of Athens, the birthplace of classical drama, and was widely perceived as both a patron goddess of poets and fearless warrior in battle.<a href="#ref10" id="fn10">[10]</a> As such, she was most likely the inspiration behind a common English name that concealed a nobleman and a dramatist who had martial aspirations.</p>
<p>How, when, and why the pseudonym came to be associated with the man from Stratford with the same name is unknown. What is clear is that it continued to be used after Oxford’s death in 1604. The perpetrators appear to have been his surviving relatives, who may have had the same motivation as he did. Their roles in the production of the First Folio are described below.</p>
<h4>Oxford’s Life and Circumstances in the Plays </h4>
<p>Every work in the Shakespeare canon contains allusions to circumstances, events, and people in Oxford&#8217;s life. Portraits of him, his family, and his contemporaries have been identified in most of them by both orthodox and Oxfordian scholars. These allusions and portraits are ‘too numerous, consistent, complex and intimate to be mere coincidences’ (Malim, Will). Of all the plays, <em>Hamlet</em> contains the most autobiographical material, including characters that appear to represent Oxford’s father-in-law William Cecil (Polonius), his wife Anne Cecil (Ophelia), Cecil’s son Robert (Laertes) and Oxford himself, whose circumstances, interests, and experiences are clearly depicted in the portrait of Prince Hamlet (Sobran 189&#8211;95). Oxford can also be identified as Bertram in <em>All’s Well That Ends Well</em> (Ogburn 489&#8211;91) and Timon in Timon of Athens (Anderson 323&#8211;4). His street quarrel with the Knyvet family is echoed in <em>Romeo and Juliet</em> (Anderson 180&#8211;1). </p>
<p><em>Twelfth Night</em> is perhaps the play that connects Oxford with the Shakespeare canon more strongly than any other, for two reasons. In the first place, the plot and the characters depict an episode in which Oxford had a strong interest—the courtship of Queen Elizabeth (Olivia) by the French Duc d’Alençon (Duke Orsino) in 1579. Also identifiable in the cast are Oxford’s sister Mary (Maria), his friend Peregrine Bertie (Sir Toby Belch), the poet Sir Philip Sidney (Sir Andrew Aguecheek), Sir Christopher Hatton (Malvolio), and Oxford himself, whom the dramatist portrayed in Feste, the professed fool in Olivia’s court (Clark 220&#8211;232).<a href="#ref11" id="fn11">[11]</a> </p>
<p>Secondly, in 1732 the antiquarian Francis Peck described a manuscript that he proposed to publish as ‘a pleasant conceit of Vere, earl of Oxford, discontented at the rising of a mean gentleman in the English court, circa 1580,’ a statement that particularly applies to <em>Twelfth Night</em>. Although this manuscript was never published and is probably lost, it was identified by Peck as belonging to the library of Abraham Fleming (c.1552&#8211;1607), a London translator, poet, historian, and clergyman who was a secretary to the Earl of Oxford, c.1580 (Anderson 486). </p>
<p>Oxford’s anger and despair at the infidelity of Anne, which he later came to doubt, is a recurring theme in at least four plays—<em>Measure for Measure</em>, <em>Othello</em>, Cymbeline, and <em>The Winter’s Tale</em>, in all of which a husband is deceived by slanders against his innocent wife (Ogburn 566&#8211;71). The hot-tempered and blunt talking Welshman Fluellen in Henry V has been identified by Oxfordian and orthodox scholars alike as Sir Roger Williams, a follower of the Earl of Oxford (Barrell 59&#8211;62). A prank ambush of two of Lord Burghley’s servants by three of Oxford’s men at Gad’s Hill near Rochester in 1573 is recapitulated in <em>1 Henry IV</em> (II.ii) by Falstaff and three of Prince Hal’s servants (Ogburn 529). <em>The Merchant of Venice</em>, <em>King Lear</em>, <em>Twelfth Night</em>, <em>The Taming of the Shrew</em>, <em>The Tempest</em>, and others contain names, incidents, and situations that can be found in the biography of Edward de Vere  (Anderson xxvii). </p>
<p>Shakespeare’s Sonnets are an especially rich source of associations with Oxford. They are filled with autobiographical details and references that are directly linked to what is known about his life: the author’s intention that his identity remain unknown—‘My name be buried where my body is’ (72); his lameness, his shame and his ‘outcast state’ (89, 129, 29); his preoccupation with the ravages of time, old age and his own imminent death (16, 62, 73). Several sonnets suggest that the writer is a nobleman (91, 125), and Sonnet 76 contains an unmistakable reference to ‘E. Vere’—‘That <em>every</em> word doth almost tell my name.’ Most scholars and editors agree that the <em>Sonnets</em> are in some way autobiographical, but beyond that opinions vary widely as to their actual meaning. </p>
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<h3>
<em><br />
Shakespeare’s </em>Sonnets <em>are an especially rich source<br /> of associations with Oxford. They aref filled with<br /> autobiographical details and references that are<br /> directly linked to what is known about his life.</em><br />
</h3>
</th>
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<p>Some scholars have found evidence of homosexual love of the Fair Youth by the <em>Sonnets</em> author, and evidence of the same predisposition in several of the plays (Sobran 98&#8211;100, 198&#8211;201; Hamill, Sexuality 49&#8211;53). Others detect a father-son relationship between them (Ogburn 342&#8211;6; Whittemore, ‘Chronicles’). There are several significant connections between Oxford and Henry Wriothesley, the presumed subject of the Fair Youth sonnets, but the role of the young man, whether patron, son, lover, or merely dear friend, is still a much-debated question. Regardless of these uncertainties, however, the basic facts about the Sonnets supply further evidence that they were written by Edward de Vere. </p>
<h4>Dating the Plays and Oxford’s Death in 1604 </h4>
<p>Orthodox scholars typically dismiss the Oxfordian argument with the claim that several of Shakespeare’s plays, as many as a dozen, were written after 1604, the year of Oxford’s death. But no definite post-1604 allusion or source has been shown to be essential to any Shakespeare play. In no play is there a reference to any natural phenomenon, scientific discovery, or topical event that occurred after 1604, nor is there a reference to anything published after 1604 (Whalen 75&#8211;6). </p>
<p>Despite intense research and analysis, scholars have been unable to establish an unambiguous date of composition for any Shakespeare play. Registration, publication, and performance dates have been obtained from various documents, but they can only indicate a terminus ante quem, a date before which the play must have been written. It is clear that several canonical plays were written many years before they were mentioned anywhere (Sobran 161). Eighteen plays that appeared in the First Folio in 1623 had never been printed before, and for three of them, <em>Coriolanus</em>, <em>Timon of Athens</em>, and <em>All’s Well That Ends Well</em>, there is no surviving record of any kind before that date. </p>
<p>There is evidence, however, that the playwright ceased writing in 1604. Critics have noted Shakespeare’s frequent references to contemporary astronomical events and scientific discoveries, such as the supernova of 1572, remarked upon by Bernardo in Hamlet (I.i.36&#8211;8), William Gilbert’s theory of geomagnetism, which he published in 1600, referred to twice in <em>Troilus and Cressida</em> (II.ii.179 and IV.ii.104&#8211;5), and the lines in 1 Henry VI that allude to the uncertainty of the orbit of Mars (I.ii.1&#8211;2).<a href="#ref12" id="fn12">[12]</a> But similar events and discoveries that occurred after 1604 are absent from the canon. The discovery of Jupiter&#8217;s moons (by Galileo in 1610), the explanation of sunspots (also by Galileo, in 1612), and the invention of the working telescope (1608), for instance, go unmentioned in the plays supposedly written after 1604. </p>
<p>Another indication that the author wrote nothing after 1604 is the fact that of 43 major sources of Shakespeare’s plays, all but one, the so-called ‘Strachey Letter’ (discussed below), were published before Edward de Vere died, in 1604 (Sobran 156&#8211;7). In fact, a few orthodox scholars have even concluded that Shakespeare stopped writing in 1604.<a href="#ref13" id="fn13">[13]</a> </p>
<p>The most persistent argument for a post-1604 Shakespeare play is that for <em>The Tempest</em>, which was mentioned for the first time in a record of its performance at court in 1611. Its earliest appearance in print was in the First Folio. For many decades, orthodox critics have routinely claimed that the travel narratives of Sylvester Jourdain (1610) and William Strachey were the sources for the storm and shipwreck material in The Tempest. But recent research has demonstrated convincingly that the ‘Strachey Letter’ (which was not actually published until 1625) could not have been written and taken to London in time to be used as a source for the play. The precise details and language of the storm and shipwreck scenes appear to have as their sources the play <em>Naufragium</em> by Erasmus, published in 1518, and a collection of travel narratives, <em>The Decades of the New Worlde</em>, translated from the Latin by Richard Eden.<a href="#ref14" id="fn14">[14]</a> Significantly, Eden was a friend and former student of Sir Thomas Smith, with whom Oxford was living in 1555, the year that Decades was published (Hughes 9). </p>
<p><img alt="" src="http://shakespeare-oxford.com/wp-content/uploads/first_folio.jpg" class="alignleft" width="275" height="360" /></p>
<h4>Oxford and The First Folio </h4>
<p>The evidence that the author of the canon was actually the Earl of Oxford continued to accumulate after his death in 1604. The mysterious dedication to <em>Shake-speare’s Sonnets</em>, published in 1609, with its enigmatic phrase&#8212;’our ever-living poet,’ suggested that the author was dead (Price ‘Unorthodox,’ 145&#8211;6). An even more pointed message appeared in the cryptic epistle titled ‘A never writer, to an ever reader. News’ that was added to the second version of the <em>Troilus and Cressida</em> quarto published in the same year. The phrase is easily read as ‘an E. Vere writer to an E. Vere reader.’ Moreover, the epistle refers to the ‘scape’ of the manuscript from certain ‘grand possessors,’ suggesting that, Oxford being dead, someone other than the author was in control of his plays.</p>
<p>The collection of Shakespeare’s plays published in 1623, the First Folio, gives every appearance of being the fruit of twenty years of association among Ben Jonson, the three de Vere daughters, Elizabeth, Bridget, and Susan, and the Herbert brothers, William, 3rd Earl of Pembroke and Philip, 1st Earl of Montgomery. Both Oxford’s son, Henry Vere (b. 1593), and his friend and close ally Henry Wriothesley (b. 1573), 3rd Earl of Southampton and dedicatee of <em>Venus and Adonis</em> and Lucrece, were also closely associated with the Herbert brothers. </p>
<p>In 1590, Elizabeth Vere, Oxford&#8217;s oldest daughter, was proposed by her grandfather William Cecil as the wife of Henry Wriothesley, who had entered Cecil’s household as a nine-year-old ward in 1582 (Akrigg 20&#8211;22). Wriothesley is generally regarded as the addressee of the first seventeen of Shakespeare’s sonnets—the marriage sonnets. </p>
<p>If this belief is correct, they failed to convince him, and he avoided the marriage. The parents of William Herbert, and Edward de Vere himself, favored the marriage of William to de Vere’s second daughter Bridget, but in 1598 she married someone else (Anderson 313&#8211;14). In 1604 the younger Herbert, Philip, married Oxford’s youngest daughter Susan. During the next few years, Susan, as well as other ladies of the court, performed in several of Jonson’s masques, and she was the subject of one of the epigrams that appeared in his Works (1616). The association of Jonson and William Herbert began about 1605, and a decade later Jonson dedicated to him the Epigrams section of his Folio (Riggs 179, 226). In 1615, after a determined campaign for the position, Herbert obtained the office of Lord Chamberlain of the Household, and gained control the Revels Office, as well as the playbooks of the King’s Men, who had performed many of the Shakespeare plays. </p>
<p>The orchestration and financing of the First Folio by the Herbert brothers, and editorial work by Ben Jonson are additional strong indications that Oxford was the author of the plays. </p>
<p>The names of two former King’s Men actors, John Heminges and Henry Condell, appear under the dedication of the First Folio to the two Herbert Earls, who may have financed its publication. Although Heminges and Condell claim to have collected the plays, it is far more likely that this was done by the Folio’s publishers. And there is strong evidence that  it was Ben Jonson who not only edited the plays but also wrote both the dedication and the subsequent epistle that also bore the two actors’ names (Price ‘Unorthodox’ 170&#8211;4). </p>
<p>The orchestration and financing of the First Folio by the Herbert brothers, and editorial work by Ben Jonson, who had a long-standing association with them and with Oxford’s daughter Susan, are additional strong indications that Oxford was the author of the plays. Furthermore, an extensive analysis of the prefatory material in the First Folio concludes that it is ‘littered with hints that the poet was a man of rank . . .’ (Price ‘Unorthodox’ 176). The deliberate concealment of the actual author and the allusions to Shakespeare of Stratford in the First Folio accord with the efforts made by Oxford during his lifetime to remain anonymous and, after 1593, to allow his work to be credited to a man whose name happened to be identical with his pseudonym. </p>
<p>It is only in, and not until, the First Folio of 1623 that the few ambiguous phrases appear that purport to connect the Shakespeare plays with the William Shakespeare of Stratford who died in 1616. There is substantial evidence that the only other connection—the putative monument to the author in Stratford’s Holy Trinity Church—was originally a bust of John Shakespeare that was altered to represent his son (Kennedy). It is upon this scanty evidence that the entire case rests for the Stratford businessman’s authorship of the world’s most illustrious dramatic canon. </p>
<h4>The Future of Oxford </h4>
<p>Cases of mistaken or concealed identity of authors and the people they write about are relatively common in literature. But it is rare that a literary deception has had an impact as important and as widespread as the Shakespeare hoax. Emerson was one of the earliest to recognize its importance when he asserted, in 1854, that the Stratfordian narrative was improbable, and that the identity of the writer posed ‘the first of all literary problems’ (Deese 114). The accumulation of evidence for Oxford, here much condensed and summarized, is the most comprehensive and detailed solution to the ‘problem.’ It is hard to believe that it will not eventually result in the acceptance of Edward de Vere as the genuine Shakespeare. </p>
<p>When this occurs, all the biographies of the Stratford man, and at least one of Oxford, will become comical literary curiosities. Every Stratfordian analysis of every play and poem will have to be rewritten, and dozens of speculations about sources, meanings, characters, and allusions will prove to be incorrect. The canon will be expanded, and its beginning and ending dates corrected to coincide more closely with the reign of Elizabeth. </p>
<p>More than that, the history of Elizabethan drama and poetry will be drastically revised by the revelation that Sidney, Lyly, Watson, Daniel, Greene, Kyd, Lodge, and Marlowe, all younger and less talented than de Vere, did not influence, and were not precursors of, Shakespeare, but the reverse.<a href="#ref15" id="fn15">[15]</a> Most of the plays and poems will be redated at least fifteen years earlier, changing antecedents into derivations and lenders into borrowers. The map of Elizabethan creative literature will be turned upside-down or, more properly, right-side-up, and this extraordinary man will finally be accorded his rightful place in the history of drama, of poetry, and of the language itself. </p>
<p><h4>Endnotes</h4>
</p>
<ol>
<div id="footnote">
<li id="ref1"><em>Shakespeare’ Identified as Edward de Vere, the 17th Earl of Oxford</em>. 1920.<a href="#fn1">&#8657;</a></li>
<li id="ref2">These facts are documented in Jiménez, ‘Eyewitnesses.’<a href="#fn2">&#8657;</a></li>
<li id="ref3">Although Boas claims that Shakespeare was more familiar with Oxford than anywhere else in England, except Stratford and London, he is able to cite only two references to it in the canon, both general in nature, in <em>Henry VIII</em> and <em>The Taming of the Shrew</em> (46&#8211;7). Furthermore, the Welsh-hating Dr. Caius, who is a significant character in <em>The Merry Wives of Windsor</em>, was obviously based on Dr. John Caius, a scholar and physician who had a long association with Gonville College, Cambridge (ODNB). See also Gilvary, ‘Queens’ College Cambridge.<a href="#fn3">&#8657;</a></li>
<li id="ref4"><em>The Practice of New and Old Physic</em> by George Baker (1599), <em>Plainsong Diverse &#038; sundry</em> (1591) and <em>English Madrigals</em> (1599) by John Farmer, and Defense of the Military&#8230; (1579) by Geffrey Gates. See Chiljan, Dedications, pp. 41, 94, 98. John Harrison, the publisher of the Gates volume, also published <em>Venus and Adonis</em> and <em>Lucrece</em>.<a href="#fn4">&#8657;</a></li>
<li id="ref5">The most comprehensive treatment of the subject is Fowler, 1986.<a href="#fn5">&#8657;</a></li>
<li id="ref6">Among the earliest to write on the subject was Karl Elze in 1874.<a href="#fn6">&#8657;</a></li>
<li id="ref7">Magri’s articles can be found in <em>Great Oxford</em>, Richard Malim ed., pp. 66&#8211;78 and pp. 91&#8211;106.<a href="#fn7">&#8657;</a></li>
<li id="ref8">Quotations from Shakespeare are from <em>The Riverside Shakespeare</em>, 2nd ed. G. Blakemore Evans, ed.S<a href="#fn8">&#8657;</a></li>
<li id="ref9">The concept is explained more fully in Price, ‘Stigma.’ See also Sheavyn at 162&#8211;3, 168.<a href="#fn9">&#8657;</a></li>
<li id="ref10">The Elizabethan association of Athena with spear-shaking and dramatic poetry is best explained in Paul, ‘Pallas-Minerva = Spear-Shaker.’<a href="#fn10">&#8657;</a></li>
<li id="ref11">See also Farina at 82&#8211;7.<a href="#fn11">&#8657;</a></li>
<li id="ref12">These are explained more fully in Altschuler, ‘Searching.’ <a href="#fn12">&#8657;</a></li>
<li id="ref13">Anderson cites several at 397&#8211;8 and 572.<a href="#fn13">&#8657;</a></li>
<li id="ref14">See Stritmatter and Kositsky, ‘Voyagers.’<a href="#fn14">&#8657;</a></li>
<li id="ref15">Among the revelations of Michael Egan’s <em>The Tragedy of Richard II, Part One</em> (2006) is that Marlowe’s <em>Edward II</em> follows rather than precedes Shakespeare’s treatment of the Richard II story.<a href="#fn15">&#8657;</a></li>
</ol>
</div>
<h4>Bibliography </h4>
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<p>Hamilton, 1968. </p>
<p style="margin-left:.5in;text-indent:-.5in"> Alexander, Mark A. ‘Shakespeare’s Knowledge of Law: A Journey through the History of the Argument <em>The Oxfordian</em> 4 (2001) 51&#8211;113.</p>
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<p style="margin-left:.5in;text-indent:-.5in"> Gilvary, Kevin. ‘Queens’ College Cambridge and the Henry VI Plays.’ the <em>De Vere Society Newsletter</em> 15:2 (June 2008) 5&#8211;6.</p>
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<p style="margin-left:.5in;text-indent:-.5in"> ——‘Shakespeare’s Sexuality and how it affects the Authorship Issue.’ <em>The Oxfordian</em> 8 (2005) 25&#8211;59. </p>
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<p style="margin-left:.5in;text-indent:-.5in"> Jiménez, Ramon. ‘Shakespeare in Stratford and London: Ten Eyewitnesses Who Saw Nothing.’ in ‘Report My Cause Aright’ <em>The Shakespeare Oxford Society Fiftieth Anniversary Anthology</em>. The Shakespeare Oxford Society, 2007, 74&#8211;85. </p>
<p style="margin-left:.5in;text-indent:-.5in"> Jolly, Eddi. ‘’Shakespeare’ and Burghley’s Library: Biblioteca Illustris: Sive Catalogus Variorum Librorum.’ <em>The Oxfordian</em> 3 (2000) 3&#8211;18.</p>
<p style="margin-left:.5in;text-indent:-.5in"> Kennedy, Richard. ‘The Woolpack Man: John Shakespeare’s Monument in Holy Trinity Church, Stratford-on-Avon.’ Online: <br /> <a href=" http://webpages.charter.net/stairway/WOOLPACKMAN.htm ">http://webpages.charter.net/stairway/WOOLPACKMAN.htm</a></p>
<p style="margin-left:.5in;text-indent:-.5in"> Lancashire, Ian. <em>Dramatic Texts and Records of Britain: A Chronological Topography to 1558</em>. Toronto: University of Toronto Press, 1984.</p>
<p style="margin-left:.5in;text-indent:-.5in"> Lee, Sidney. ‘Vere, Edward de, seventeenth Earl of Oxford.’ <em>Dictionary of National Biography</em>. v. 58. London: Smith, Elder, 1885&#8211;1906.</p>
<p style="margin-left:.5in;text-indent:-.5in"> Looney, John Thomas. <em>Shakespeare’ Identified as Edward de Vere, the 17th Earl of Oxford</em>. London: C. Palmer, 1920. </p>
<p style="margin-left:.5in;text-indent:-.5in"> Magri, Noemi: ‘Shakespeare and Italian Renaissance Painting, the three wanton pictures in <em>The Taming of the Shrew</em>.’ <em>The de Vere Society Newsletter</em>. (May 2005) 4&#8211;12.</p>
<p style="margin-left:.5in;text-indent:-.5in"> Malim, Richard. ‘They Haven&#8217;t The Necessary Will.’ Letter, The Spectator. 280 (9 January 1999) 24. </p>
<p style="margin-left:.5in;text-indent:-.5in"> ——(ed.) <em>Great Oxford, Essays on the Life and Works of Edward de Vere</em>. Tunbridge Wells: Parapress Ltd., 2004. </p>
<p style="margin-left:.5in;text-indent:-.5in"> Maxwell, Baldwin. <em>Studies in the Shakespeare Apocrypha</em>. New York: Greenwood Press, 1956 </p>
<p style="margin-left:.5in;text-indent:-.5in"> May, Stephen W. <em>The Elizabethan Courtier Poets, the Poems and their Contexts</em>. Columbia: Missouri University Press, 1991. </p>
<p style="margin-left:.5in;text-indent:-.5in"> Montaigne, Michel de. <em>The Essayes of Montaigne</em>. John Florio tr. New York: The Modern Library, 1933. </p>
<p style="margin-left:.5in;text-indent:-.5in"> Ogburn, Charlton. <em>The Mysterious William Shakespeare, The Myth and The Reality</em>. 2nd ed. McLean, VA: EPM Publications, 1992. </p>
<p style="margin-left:.5in;text-indent:-.5in"> Paul, Christopher. ‘Pallas-Minerva = Spear-Shaker.’ Online: <br /> <a href=" http://www.shakespearefellowship.org/ubbthreads/showthreaded.php?Cat=0&#038;Number=8549&#038;page=&#038;vc=1 "> www.shakespearefellowship.org/ubbthreads/showthreaded.php?Cat=0&#038;Number=8549&#038;page=&#038;vc=1</a></p>
<p style="margin-left:.5in;text-indent:-.5in"> Price, Diana. <em>Shakespeare&#8217;s Unorthodox Biography: New Evidence of an Authorship Problem</em>. Westport, CT: Greenwood Press, 2000. </p>
<p style="margin-left:.5in;text-indent:-.5in"> ——‘The Mythical ‘Myth’ Of The Stigma Of Print.’ Online: <a href=" http://www.shakespeare-authorship.com/resources/stigma.asp "> www.shakespeare-authorship.com/resources/stigma.asp</a></p>
<p style="margin-left:.5in;text-indent:-.5in"> Quintilian. The Institutio Oratoria of Quintilian. 4 v. H. E. Butler tr. New York: William Heinemann, 1922. </p>
<p style="margin-left:.5in;text-indent:-.5in"> Riggs, David.<em> Ben Jonson, A Life</em>. Cambridge: Harvard University Press, 1989. </p>
<p style="margin-left:.5in;text-indent:-.5in"> Sheavyn, Phoebe A.B. <em>The Literary Profession in the Elizabethan Age</em>. Manchester: Manchester University Press, 1909. </p>
<p style="margin-left:.5in;text-indent:-.5in"> Smith, G. Gregory, ed. <em>Elizabethan Critical Essays</em>. 2 v. Oxford: Oxford University Press, 1904.</p>
<p style="margin-left:.5in;text-indent:-.5in"> Sobran, Joseph. <em>Alias Shakespeare, Solving the Greatest Literary Mystery of All Time</em>. New York: Free Press, 1997. </p>
<p style="margin-left:.5in;text-indent:-.5in"> Spurgeon, Caroline F. E. <em>Shakespeare&#8217;s Imagery and What It Tells Us</em>. 1935. Boston: Beacon Press, 1958.</p>
<p style="margin-left:.5in;text-indent:-.5in"> Squire, W. Barclay. ‘Music’ in Shakespeare’s England. v. 2 Walter A. Raleigh, Sidney Lee, and C. T. Onions, eds. Oxford: Clarendeon Press, 1916. 15&#8211;49. </p>
<p style="margin-left:.5in;text-indent:-.5in"> Stritmatter, Roger. ‘The not-too-hidden key to Minerva Britanna.’ <em>The Shakespeare Oxford Newsletter</em> v.36:2 (Summer 2000) 1, 9&#8211;15, 17. </p>
<p style="margin-left:.5in;text-indent:-.5in"> ——‘’Tilting Under Frieries’: Narcissus (1595) and the Affair at Blackfriars.’ <em>Cahiers Élisabéthains</em> No. 70 (Autumn, 2006) 39&#8211;42; also <em>Shakespeare Matters</em> 6:2 (Winter 2007) 1, 18&#8211;20.</p>
<p style="margin-left:.5in;text-indent:-.5in"> ——and Lynne Kositsky. ‘Shakespeare and the Voyagers Revisited.’ <em>Review of English Studies</em> 58 (2007) 447&#8211;72. </p>
<p style="margin-left:.5in;text-indent:-.5in"> Theobald, William. <em>The Classic Element in the Shakespeare Plays</em>. London: Robert Banks, 1909. </p>
<p style="margin-left:.5in;text-indent:-.5in"> Trevor-Roper, Hugh. <em>‘What’s in a name?’ Réalités</em>. No. 144 (Nov. 1962) 41&#8211;3.</p>
<p style="margin-left:.5in;text-indent:-.5in"> Ward, B. M. <em>The Seventeenth Earl of Oxford</em> (1550&#8211;1604) from Contemporary Documents. London: John Murray, 1928. </p>
<p style="margin-left:.5in;text-indent:-.5in"> Whalen, Richard F. ‘A Dozen Shakespeare Plays Written after Oxford Died? Not Proven!’ <em>The Oxfordian</em> 10 (2007) 75&#8211;84. </p>
<p style="margin-left:.5in;text-indent:-.5in"> Whitman, Walt. <em>The Complete Poetry and Prose of Walt Whitman</em>. 2 v. New York: Pellegrini &#038; Cudahy, 1948. </p>
<p style="margin-left:.5in;text-indent:-.5in"> Whittemore, Hank. ‘Abstract and Brief Chronicles.’ <em>The Shakespeare Oxford Newsletter</em> v.35:2 (Summer 1999) 1, 10&#8211;14, 22.</p>
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		<title>Who Was Spencer&#8217;s EK: Was He the Seventeenth Earl of Oxford?</title>
		<link>http://www.shakespeare-oxford.com/?p=942</link>
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		<pubDate>Sun, 03 Jul 2011 17:50:34 +0000</pubDate>
		<dc:creator>Smiley</dc:creator>
				<category><![CDATA[The Oxfordian]]></category>

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		<description><![CDATA[Nina Green Scholars have never satisfactorily identified the mysterious individual known only as E.K. who collaborated with Spenser on The Shepheardes Calender of 1579 and was the author of a lost commentary on Spenser&#8217;s Dreames. The suggestion that E.K. was Edward Kirke (1553-1613), a Cambridge contemporary of Spenser&#8217;s, seems to go nowhere through lack of [...]]]></description>
			<content:encoded><![CDATA[<p>
Nina Green </p>
<hr />
</p>
<p>Scholars have never satisfactorily identified the mysterious individual known only as E.K. who collaborated with Spenser on <em>The Shepheardes Calender</em> of 1579 and was the author of a lost commentary on Spenser&#8217;s <em>Dreames</em>. The suggestion that E.K. was Edward Kirke (1553-1613), a Cambridge contemporary of Spenser&#8217;s, seems to go nowhere through lack of information (Oram 6). An alternative suggestion, that E.K. was Spenser&#8217;s friend, Gabriel Harvey, is incompatible with Harvey&#8217;s style, which is more ponderous and a good deal less effective than any of E.K.&#8217;s arguments or notes. A third theory, that E.K. is a Spenser persona, is ingeniously supported by the suggestion that the initials E.K. stand for &#8220;Edmundus Kedemon,&#8221; a translation of Spenser&#8217;s name into Greek (Oram 6). However, E.K.&#8217;s emphases suggest a textual presence distinct from Spenser&#8217;s (Hamilton 2805).</p>
<p>The question of E.K. &#8216;s identity is often discussed as though no evidence exists apart from the initials themselves and the information about E.K.&#8217;s academic and poetic pursuits revealed in the pages of <em>The Shepheardes Calender</em>. However, this assumption ignores Spenser&#8217;s own references to E.K. in two letters to Gabriel Harvey. The first of these letters was written on October 15th and 16th, 1579. Portions of four successive paragraphs are quoted below, illustrating the context in which Spenser&#8217;s reference to E.K. appears:
</p>
<blockquote><p>
<em>Your desire to heare of my late beeing with hir Majestie, muste dye in itselfe. As for the twoo worthy Gentlemen, Master Sidney and Master Dyer, they have me, I thanke them, in some use of familiarity: of whom, and to whome, what speache passeth for youre credite and estimation, I leave yourselfe to conceive. . . . Maister E.K. hartily desireth to be commended unto your Worshippe: of whome what accompte he maketh, your selfe shall hereafter perceive, by hys paynefull and dutifull verses of your selfe. Thus much was written at Westminster yesternight: but comming this morning, beeying the sixteenth of October, to Mystresse Kerkes, to have it delivered to the Carrier, I receyved youre letter, sente me the laste weeke: whereby I perceive you otherwhiles continue your old exercise of Versifying in English: whych glorie I had now thought shoulde have bene onely ours heere at London and the Court .. . I will impart yours [Harvey's verses} to Maister Sidney and Maister Dyer at my nexte going to the Courte.</em>[italics indicate 16th-century quote] (Grosart 79)
</p></blockquote>
<p>The clues afforded by this letter are admittedly slender; however, they give rise to important inferences. The first two paragraphs, written at Westminster yesternight (ie., on October 15th), group together items of news from Court. Spenser mentions his audience with the Queen, his growing intimacy with Sidney and Dyer (who are residing at Court) and E.K.&#8217;s greetings to Gabriel Harvey. The third and fourth paragraphs, written on October 16th, after Spenser&#8217;s visit to Mystresse Kerke&#8217;s, show that Spenser expects to be at Court again in the near future, at which time he promises to show Harvey&#8217;s verses to Sidney and Dyer. </p>
<p>Two important inferences arise from these comments. In the first place, the fact that Spenser conveys commendations from E.K. to Harvey disposes unequivocally of the theories that E. K. was either Spenser himself or Gabriel Harvey. Secondly, it can be inferred from Spenser&#8217;s remarks that it was at Court that he met with E.K. Six months later, in a postscript to a letter written to Harvey from Westminster in April, 1580, Spenser again mentions E.K.: </p>
<blockquote><p>
<em>I take best my Dreames shoulde come forth alone, being growen by meanes of the Glosse (running continually in maner of a Paraphrase) full as great as my Calendar. Therin be some things excellently, and many things wittily discoursed of E.K., and the pictures so singularly set forth, and purtrayed, as if Michael Angelo were there, he could (I think) nor amende the beste, nor reprehende the worst.</em> (Grosart 38, Hamilton 737)
</p></blockquote>
<p>Again, the clues to E.K.&#8217;s identity are slender. However, it can safely be inferred from the context of the letter that E.K. exercises considerable influence over the publication of Spenser&#8217;s works. Spenser tells us that E.K. has prepared a lengthy gloss for the printed edition of the <em>Dreames</em>; in addition, it is seemingly E.K. who has arranged for the pictures, the beauty of which seems to have come as a complete surprise to Spenser. These two letters of Spenser&#8217;s leave the reader with the impression that E.K. is a very singular individual. He is someone connected with the Court. He is also someone with the knowledge, the leisure, and the financial means to provide glosses and appropriate illustrations for Spenser&#8217;s published works. He is someone to whose critical judgment Spenser is prepared to yield in certain respects. Finally, and most curiously, he is someone who can only be mentioned&#8212;even in personal letters from Spenser to Gabriel Harvey&#8212;under the mask of the cryptic initials E.K. This singular individual, we believe, was Edward de Vere, 17th Earl of Oxford. </p>
<p>Before examining further evidence that supports the identification of Oxford as E.K., however, it is necessary to glance at the role played by E.K. in <em>The Shepheardes Calender</em>. In this regard, Johnson makes the interesting analogy that E.K.&#8217;s role is like that of the sly pilgrim Geoffrey in Chaucer&#8217;s <em>Canterbury Tales</em>. Johnson also suggests that E.K.&#8217;s role included the important task of shielding Spenser from the consequences of his use of topical satire: </p>
<blockquote><p>
Spenser&#8217;s possible reasons for prefacing a serious poem with a comic prologue must remain as mysterious as E. K.&#8217;s actual identity, but we can guess at several reasons for the decision. First, E.K.&#8217;s jocular tone, pedantry, and carefree handling of Immerito&#8217;s own metaphors are disarming. It may well be that Spenser felt certain that the eclogues glanced too sharply at the persons and issues of the late 1570&#8242;s; if so, E.K.&#8212;half clown, half capable exegete&#8212;served to screen the author from political reprisals. (Johnson 26, 30; Hamilton 231)
</p></blockquote>
<p>Johnson&#8217;s comment seems particularly apposite with respect to the February and May eclogues. In the argument to the February eclogue, E.K. cautions that this eclogue is &#8220;rather morall and generall, then bent to any secrete or particular purpose,&#8221; thus forestalling the temptation to interpret the fable of the Oak and Briar in terms of current religious or political events (Oram 39). Similarly, in the argument to the May eclogue, E.K. states cavalierly that &#8220;under the persons of two shepheards, Piers and Palinode, be represented two formes of pastoures or Ministers, or the protestant and the Catholique,&#8221; whereas, in fact, the eclogue deals, not with the opposition of Protestant and Catholic views, but with the much more dangerous debate between reforming and conservative factions of the Anglican church (Oram 87; Cullen 41-49, 131). Thus, E.K.&#8217;s disingenuous interpretation throws dust in the eyes of those of his contemporaries who might be inclined to accuse Spenser of criticizing the church of which his sovereign was the head. </p>
<p>But E.K.&#8217;s role in <em>The Shepheardes Calender</em> is not limited to the task of protecting Spenser from the consequences of comment on dangerous political or religious issues. As Oram points out, only about half of <em>The Shepheardes Calender</em> is poems. In other words, fully half of the materials that make up the <em>Calender</em>-the dedicatory epistle and general argument, the brief argument that prefaces each eclogue, and the extensive gloss that follows it are the work of E. K., who skillfully directs this disparate material toward a much more comprehensive objective, that of launching a new poet. In the dedicatory epistle, for example, E.K. tries to deflect the adverse criticism that he foresees will result from Spenser&#8217;s experimental style. He devotes three pages to a defense of Spenser&#8217;s use of archaic language, granting these ancient words to be &#8220;something hard,&#8221; but justifying their use as an attempt to garnish and beautify the English language. He concludes by likening those who would criticize this linguistic experiment to dogs in the manger whose &#8220;currish kind, though [they] cannot be kept from barking, yet I conne them thanke that they refrain from biting&#8221; (14,7). E.K.&#8217;s fear that Spenser&#8217;s use of archaic language would be objected to was well,founded: even Philip Sidney, to whom Spenser dedicated the work, criticized this feature in his <em>Defence of Poesy</em>: &#8220;That same framing of his style to an old rustic language I dare not allow, since neither Theocritus in Greek, Virgil in Latin, nor Sannazaro in Italian did affect it&#8221; (Shepherd 133). </p>
<p>To further assist in rendering Spenser intelligible to the reader, E.K. also thought well to take the pains upon himself of preparing a gloss to each of the eclogues. According to E.K., these glosses serve both for the exposition of old words and harder phrases and as a means of drawing attention to Spenser&#8217;s stylistic techniques (&#8220;forsomuch as I knew many excellent and proper devises both in words and matter would passe in the speedy course of reading, either as unknowen, or as not marked&#8221;) (Oram 19). In a further effort to smooth a path for the new poet, E.K. emphasizes that <em>The Shepheardes Calender</em> is Spenser&#8217;s first work, &#8220;the maydenhead of his Poetrie.&#8221; In an attractive simile, he points out that poets have traditionally written eclogues &#8220;at the first to trye their habilities: and as young birdes, that be newly crept out of the nest, by little first to prove theyr tender wyngs, before they make a greater flyght&#8221; (18). Thus, suggests E.K., allowances for Spenser&#8217;s poetic inexperience are to be made.</p>
<table border="0" cellspacing="0" cellpadding="7" frame="box" width="340" align="left" hspace="30">
<tr>
<th>
<p style="text-align: left;">
<p>&nbsp;&nbsp;&nbsp;&nbsp;<em>To the right Honourable the Earle of<br />
&nbsp;&nbsp;Oxenford, Lord high Chamberlayne <br />
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;of England, &#038;c</em></p>
<p><em><br />
&nbsp;Receive most Noble Lord in gentle gree,<br />
&nbsp;The unripe fruit of an unready wit:<br />
&nbsp;Which by thy countenaunce doth crave to bee<br />
&nbsp;Defended from foule Envies poisnous bit.<br />
&nbsp;Which so to doe may thee right well befit,<br />
&nbsp;Sith th&#8217; antique glory of thine auncestry<br />
&nbsp;Under a shady vele is therein writ,<br />
&nbsp;And eke thine owne long living memory<br />
&nbsp;Succeeding them in true nobility:<br />
&nbsp;And also for the love, which thou doest beare<br />
&nbsp;To th&#8217; Heliconian ymps and they to thee,<br />
&nbsp;They unto thee, and thou to them most deare:<br />
&nbsp;Deare as thou art unto thy selfe, so love<br />
&nbsp;That loves and honours thee, as doth behove.<br />
</em>
</p>
</th>
</tr>
</table>
<p>E.K. also undertakes to explain to the reader the underlying structure of <em>The Shepheardes Calender</em>, stating that the twelve eclogues, &#8220;everywhere answering to the seasons of the twelve months, can be divided into three formes or ranckes, plaintive, recreative and moral&#8221; (223). As Cullen, Johnson and others have shown, E.K.&#8217;s deceptively simple statement affords a key to the unity and design of the entire work (120147j 37-44). Finally, in a disarming display of erudition,  E.K. clears away one remaining obstacle to the Elizabethan readers&#8217; appreciation of <em>The Shepheardes  Calender</em>: Spenser has made January the starting-point of the calendar year (which, for most, began on March 25th), and E.K. provides arguments justifying Spenser&#8217;s unorthodox choice (Oram 235). From the foregoing, it is clear that E.K. was some&#8217;  one who understood exactly what Spenser was attempting to do, and who facilitated the introduction of Spenser&#8217;s fledgling work by serving as an interpreter  between the poet and his readers. This is a task that very few of Spenser&#8217;s contemporaries were equipped to undertake, and a task that Spenser himself would have entrusted only to someone whose judgment he trusted implicitly. The question then becomes whether that person&#8212;the individual known as E.K.&#8212;was Edward de Vere, Seventeenth Earl of Oxford. </p>
<p>Internal evidence in <em>The Shepheardes Calender</em> makes it clear that Spenser and his collaborator, E.K., enjoyed a friendship based on shared literary Interestingly, evidence of a friendship of precisely this sort is found in Spenser&#8217;s dedicatory sonnet to Oxford in the 1590 edition of <em>The Faerie Queen</em> (see below left: Greenlaw V3 191): If E.K. is Edward de Vere,  17th Earl of Oxford, any surviving evidence of a friendship between Spenser and Oxford should contain the suggestion that it, too, was based on  shared  literary  interests.  </p>
<p>Spenser&#8217;s sonnet to Oxford is one of the original series of ten sonnets&#8212;dedicated to Hatton, Essex, Oxford, Northumberland, Ormond, Howard, Grey, Raleigh, Lady Carew, and the Ladies of the Court&#8212;that appeared in the first edition of <em>The Faerie Queen</em>. (Subsequently, the sonnets to Lady Carew and the Ladies of the Court were dropped, and seven new sonnets added, to make a total of fifteen. (Hamilton 259&#8211;292, 3) </p>
<p>Several of these dedicatory sonnets, including those dedicated to Essex, to Lady Carew, and to &#8220;the gratious and beautifull Ladies in the Court,&#8221; are merely exercises in graceful compliment. In others, however, Spenser singles out for praise specific achievements or qualities of the dedicatees. Thus, he draws attention to Lord Howard&#8217;s victory over the Spanish Armada, and to Sir Christopher Hatton&#8217;s counsel and policy. Similarly, the sonnets dedicated to the Earl of Ormond and to Arthur, Lord Grey of Wilton, acknowledge their patronage of literature (Greenlaw 190, 193&#8211;4). In only two of the original ten sonnets, however, does Spenser refer to the recipients as persons of literary accomplishment in their own right: Sir Walter Raleigh is &#8220;the sommers nightingale,&#8221; and the Earl of Oxford &#8220;bears love to the Heliconian ymps and is most de are to them&#8221; (Greenlaw 196). </p>
<p>According to Spenser, Raleigh is better qualified to write in praise of Queen Elizabeth than he; nonetheless, he begs his indulgence for his &#8220;rusticke Madrigale in faire Cinthias praise.&#8221; In his sonnet to Oxford, however, Spenser eschews comparisons and makes three points that establish a direct connection between Oxford and<em> The Faerie Queen</em>: </p>
<p>1. Spenser begins with the statement that he is relying on the Earl&#8217;s protection for his new work: &#8220;Which by thy countenaunce doth crave to bee/Defended from foule Envies poisnous bit.&#8221;</p>
<p>2. Spenser then points out two reasons why it right well befits Oxford to countenance and protect <em>The Faerie Queen</em>: first, the poem memorializes the de Veres and, more particularly, Oxford himself: </p>
<blockquote><p>
<em>Which so to doe may thee right well befit,<br />
Sith th&#8217; antique glory of thine auncestry<br />
Under a shady vele is therein writ,<br />
And eke thine owne long living memory<br />
Succeeding them in true nobility.</em>
</p></blockquote>
<p>Second, it is fitting that Oxford should champion <em>The Faerie Queen</em> because of his love for the Muses, and theirs for him: &#8220;And also for the love, which thou doest beare/To th&#8217; Heliconian ymps and they to thee.&#8221; </p>
<p>3. In the closing couplet, Spenser states that, as it behoves him to do, he loves and honours Oxford as dearly as Oxford loves himself. (The wording is admittedly elliptic and ambiguous, and &#8216;love&#8217; perhaps refers to the Muses, rather than to Spenser; if so, then Spenser states that it &#8220;doth behove&#8221; the Muses to love Oxford as dearly as he loves himself.)&#8221; Deare as thou art unto thy selfe, so [he] love[s] That loves and honours thee, as doth behove.&#8221; Thus, the theme of this extraordinary sonnet is Spenser&#8217;s reliance on Oxford&#8217;s protection for <em>The Faerie Queen</em> because of its memorialization of the de Veres and because of Oxford&#8217;s love of literature. </p>
<p>Given the manner in which Spenser has personalized the relationship between Oxford and The Faerie Queen in this sonnet, it is not unreasonable to expect that Oxford would have reciprocated by writing a poem in praise of Spenser&#8217;s brilliant new work. If a poem of this sort has survived, it would seem logical to search for it among the commendatory verses printed in the first edition of <em>The Faerie Queen</em>. </p>
<p>Unfortunately, all seven commendatory poems in the first edition are signed with initials or pseudonyms, making identification of the authors problematic. However, one poem among the seven is signed with a pseudonym (Ignoto) first claimed for Oxford over 70 years ago. (see below left: Johnson 26, 30; Hamilton 231)
</p>
<p>Ignoto&#8217;s verses in praise of Spenser and <em>The Faerie Queen</em> are remarkable for their graceful elegance and simplicity, and also for the rather marked absence of the extravagant praise of Queen Elizabeth that we see in a number of the other commendatory verses.</p>
<p>If the Ignoto poem was indeed written by Oxford, then Spenser&#8217;s dedicatory sonnet and Ignoto&#8217;s commendatory verses represent an exchange of sincere compliment of a very high order. Spenser claims that he has written of the antique glory of the de Veres and of Oxford himself in <em>The Faerie Queen</em>, and he praises Oxford as one beloved of the Muses. Oxford, in turn reciprocates with verses that pay Spenser and <em>The Faerie Queen</em> the ultimate compliment: </p>
<blockquote><p><em>&#8220;I here pronounce this workmanship is such,<br />
As that no pen can set it forth too much.&#8221;, </em></p></blockquote>
<table border="0" cellspacing="0" cellpadding="7" frame="box" width="360" align="right" hspace="30">
<tr>
<th>
<p style="text-align: left;">
<em><br />
&nbsp;&nbsp;To looke upon a worke of rare devise<br />
&nbsp;&nbsp;The which a workman setteth out to view,<br />
&nbsp;&nbsp;And not to yield it the deserved prise<br />
&nbsp;&nbsp;That unto such a worksmanship is dew,<br />
&nbsp;&nbsp;Doth either prove the judgement to be naught,<br />
&nbsp;&nbsp;Or els doth shew a mind with envy fraught.<br />
&nbsp;&nbsp;To labour to commend a peece of work<br />
&nbsp;&nbsp;Which no man goes about to discommend,<br />
&nbsp;&nbsp;Would raise a jealous doubt that there did lurke,<br />
&nbsp;&nbsp;Some secret doubt, whereto the prayse did tend.<br />
&nbsp;&nbsp;For when men know the goodnes of the wyne,<br />
&nbsp;&nbsp;&#8217;Tis needlesse for the hoast to have a sygne.<br />
&nbsp;&nbsp;Thus then to shew my judgement to be such<br />
&nbsp;&nbsp;As can discerne of colours blacke, and white,<br />
&nbsp;&nbsp;As alls to free my minde from envies tuch,<br />
&nbsp;&nbsp;That never gives to any man his right,<br />
&nbsp;&nbsp;I here pronounce this workmanship is such,<br />
&nbsp;&nbsp;As that no pen can set it forth too much.<br />
&nbsp;&nbsp;And thus I hang a garland at the dare,<br />
&nbsp;&nbsp;Not for to shew the goodnes of the ware:<br />
&nbsp;&nbsp;But such hath beene the custome heretofore,<br />
&nbsp;&nbsp;And customes very hardly broken are<br />
&nbsp;&nbsp;And when your tast shall tell you this is trew,<br />
&nbsp;&nbsp;Then looke you give your hoast his utmost dew.</em></p>
<p>&nbsp;&nbsp;<em>Ignoto.</em> (Oram 39)<br />
</em>
</p>
</th>
</tr>
</table>
<p>Spenser&#8217;s dedicatory sonnet to Oxford in the 1590 edition of <em>The Faerie Queen</em> provides evidence of a literary connection between the two men, and support for the hypothesis that Oxford, as &#8220;E.K.,&#8221; was the author of the critical apparatus for Spenser&#8217;s <em>Shepheardes Calender</em>. However, the <em>Calender</em> was published a decade earlier than <em>The Faerie Queen</em>, and it is therefore necessary to show that Oxford and Spenser could have been acquainted as early as 1579. Although the actual circumstances under which the two men first met will probably never be known, a likely point of contact between them in the 1570&#8242;s was their mutual relationship with the Spencers of Althorpe. </p>
<p>According to a pedigree given in the Visitation of Warwickshire, Sir John Spencer of Althorpe (d. 1586) came from an ancient family that could trace its lineage to the time of William the Conqueror. Sir John&#8217;s branch of the family was said to be descended from a younger brother of Hugh le Despenser, Chief Justice of England, grandfather of another Hugh le Despenser (d. 1326), the ill-fated favorite of King Edward II (Harleian 282&#8211;5). The authenticity of this pedigree has been disputed in modern times, however, by claims that, in the earliest years of the sixteenth century, the Spencers were simple sheep farmers (Fogle 5). </p>
<p>Whatever may be said of the authenticity of the pedigree, there is no dispute about the fact that Sir John Spencer of Althorpe was a very wealthy man. He left great estates to his sons, and the prestige of the family was considerably enhanced by the marriages of his daughters. This was particularly true of Elizabeth, Anne, and Alice, who married into families that numbered themselves among the kindred of Queen Elizabeth: the Careys, the Stanleys and the Sackvilles. Elizabeth Spencer (1557&#8211;1618) married, in 1574, George Carey (1556?&#8211;1603), eldest son of Queen Elizabeth&#8217;s cousin Henry Carey, 1st Lord Hunsdon (1526&#8211;1596) (GEC V6 630). Anne Spencer&#8217;s first and third marriages connected her with the Stanleys and the Sackvilles: in 1575, Anne married William Stanley, 3rd Lord Monteagle (1529?&#8211;1581), and in 1592 she took, as her third husband, Robert Sackville, later 1st Earl of Dorset (1561&#8211;1609) (GEC V9 116, V4 423). Perhaps the best match of all was made by Sir John Spencer&#8217;s youngest daughter, Alice (1556?&#8211;1637), who in 1579 married Ferdinando Stanley, later 5th Earl of Derby (1559?&#8211;1594) (GEC V4 212).</p>
<p>These alliances with families related to the Queen introduced the Spencer sisters into an intimate court circle that included among its members Edward de Vere, 17th Earl of Oxford, himself a cousin of the Queen and a courtier from his earliest youth. Years later, Oxford and the Spencers of Althorpe were brought into an even closer connection when Oxford&#8217;s eldest daughter Elizabeth became the sister-in-law of Alice Spencer through her marriage in 1595 to William Stanley, 6th Earl of Derby (1561&#8211;1642). But for the purposes of establishing the identity of Oxford as E.K., it may be sufficient to show that by 1579, when <em>The Shepheards Calender</em> was published, the three Spencer sisters had gained entree into the uppermost ranks of the Elizabethan nobility and would perforce have been well-known to Oxford, and he to them. </p>
<p>The significance of Oxford&#8217;s acquaintance with the Spencer sisters lies in the fact that the Spencers of Althorpe were related to the poet Edmund Spenser. The specific relationship between the two branches of the family has not been traced; however, Spenser himself seized a number of opportunities to make it abundantly clear in print that the relationship existed (Fogle 16&#8211;18; Collier VI xii&#8211;xiv). In his <em>Complaints</em>, published in 1591, he dedicated a separate long poem to each of the Spencer sisters: <em>Muiopotmos, or the Fate of the Butterfly</em> to Elizabeth Spencer; <em>Prosopopoia, or Mother Hubberd&#8217;s Tale</em> to Anne; and <em>The Tears of the Muses</em> to Alice (Oram 412, 334, 268). Spenser also dedicated one of the ten original dedicatory sonnets in <em>The Faerie Queen</em> to Elizabeth Spencer, Lady Carey (Hamilton 293). In addition, he sang the praises of all three sisters (as Phyllis, Charillis and sweet Amaryllis) in <em>Colin Clout&#8217;s Come Home Again</em>, published in 1595. In this poem, Spenser makes explicit reference to his relationship to the &#8220;sisters three&#8221; who are the &#8220;honor&#8221; of the &#8220;noble familie&#8221; of Spencer of Althorpe. He speaks of himself as the &#8220;meanest&#8221; of that family, and considers it an honor that &#8220;unto them I am so nie&#8221;: </p>
<blockquote><p>
<em>No lesse praisworthie are the sisters three,<br />
The honor of the noble familie:<br />
Of which I meanest boast my selfe to be,<br />
And most that unto them I am so nie.</em>
</p></blockquote>
<table border="0" cellspacing="0" cellpadding="7" frame="box" width="380" align="left" hspace="30">
<tr>
<th>
<p style="text-align: left;">
<em><br />
&nbsp;Phyllis, Charillis, and sweet Amaryllis,<br />
&nbsp;Phyllis the faire, is eldest of the three:<br />
&nbsp;The next to her, is bountifull Charillis.<br />
&nbsp;But th&#8217; youngest is the highest in degree.<br />
&nbsp;Phyllis the floure of rare perfection<br />
&nbsp;Faire spreading forth her leaves with fresh delight,<br />
&nbsp;That with their beauties amorous reflexion,<br />
&nbsp;Bereave of sense each rash beholders sight.<br />
&nbsp;But sweet Charillis is the Paragone<br />
&nbsp;Of peerlesse price, and ornament of praise,<br />
&nbsp;Admyrd of all, yet envied of none,<br />
&nbsp;Through the myld temperance of her goodly raies.<br />
&nbsp;Thrise happie do I hold thee noble swaine,<br />
&nbsp;The which art of so rich a spoile possest,<br />
&nbsp;And it embracing deare without disdaine,<br />
&nbsp;Hast sole possession in so chaste a brest;<br />
&nbsp;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;..<br />
&nbsp;But Amaryllis, whether fortunate<br />
&nbsp;Or else unfortunate may I aread,<br />
&nbsp;That freed is from Cupids yoke by fate,<br />
&nbsp;Since which she doth new bands adventure dread.<br />
&nbsp;Shepheard what ever thou has heard to be<br />
&nbsp;In this or that praysd diversly apart,<br />
&nbsp;In her thou maist them all assembled see,<br />
&nbsp;And seald up in the threasure of her hart.</p>
<p>&nbsp;(Oram 546&#8211;7)<br />
</em>
</p>
</th>
</tr>
</table>
<p>Spencer then continues with a description of each of the three sisters (see below left) in which he refers to Anne Spencer&#8217;s marriage to Robert Sackville, and to the recent death of Alice&#8217;s husband, Ferdinando Stanley, Earl of Derby. </p>
<p>Thus, the Spencer sisters, as intimate members of the Court circle, formed a link between Oxford and Edmund Spenser. And, although it may not have been this link which original ly drew Oxford and Spenser together, the fact of its existence lends plausibility to the hypoth esis that it was Oxford, writing under the pseudonym &#8220;E.K. &#8221; who gave Spenser a helping hand in launching <em>The Shepheardes Calender</em> in 1579.</p>
<p>E.K.&#8217;s friendship with Gabriel Harvey is a prominent feature of <em>The Shepheardes Calender</em>. If Oxford was E.K., he, too, must have been on friendly terms with Gabriel Harvey. It is thus necessary to examine in some detail the historical evidence of the relationship between the two men. The Cambridge scholar Gabriel Harvey (1550?&#8211;1631) and Edward de Vere, 17th Earl of Oxford, were both born in Essex in 1550. Although their situations in life were vastly different, they had in common a fascination with books and learning and a mutual friendship with Sir Thomas Smith (1513&#8211;1577). Sir Thomas Smith and Gabriel Harvey&#8217;s father, John, were neighbors in Saffron Walden: &#8220;The town centre is marked by a broad Common . . .. At the western side of the Common on what is known as &#8216;Common Hill&#8217; stood the nearly adjacent mansions of Sir Thomas Smyth (later to become Principal Secretary to Queen Elizabeth) and of Mr. John Harvey, father of Gabriel&#8221; (Stern 3). </p>
<p>Besides being neighbours, the Harvey and Smith families were also kin. The exact nature of the familial relationship has not been established; however, in <em>Foure Letters</em>, published in 1592, Harvey states that he is a cousin of Sir Thomas Smith&#8217;s illegitimate (and only) son. Gabriel Harvey and Master Thomas Smith were friends as youths, and there is a record of their mutual reading of Harvey&#8217;s copy of Livy shortly after Harvey&#8217;s sixteenth birthday. Harvey was also a close friend of Sir Thomas Smith&#8217;s favorite nephew, John Wood (14). But Gabriel Harvey&#8217;s friendship with the Smiths was not confined to the younger members of the family. A close friendship also existed between Harvey and Sir Thomas Smith himself. Since Sir Thomas was largely absent from England after 1571, Stern deduces that this relationship ripened during the years 1566&#8211;1571, when Smith was living in Essex: </p>
<blockquote><p>
Harvey would have had the opportunity to become intimate with Smith between April 1566 and March 1571, when he was living almost continuously in Essex. Before and after this and during a very brief trip to France in 1567, Smith was out of England on government service; but for most of the five years after Sir Philip Hoby succeeded him as ambassador, Smith was living either at his country estate at Theydon Mount or at his town residence in the central square of Walden close to the Harveys&#8217; home. (13, 26)
</p></blockquote>
<p>Gabriel Harvey&#8217;s father, John, was a stern and demanding parent, and it was perhaps because of a lack of sympathy between father and son that an almost paternal relationship developed during these years between Sir Thomas and his brilliant protege: </p>
<blockquote><p>
By 1573, the elder statesman had certainly become intellectual father to the gifted young scholar. Harvey&#8217;s letters to Sir Thomas refer to the advice he has given him, his guidance in studies, and his orienting Harvey toward a life of service to the state. He visited him at his country home at Theydon Mount, studied with him, sought his counsel, and corresponded regularly. In a 1573 letter Harvey writes of the special &#8220;frendship that I alwais hetherto sins mi first cumming to Cambridg have found at your hands as suerly I do, and must neds remember it often, having continually had so ful trial thereof.&#8221; He refers to Smith&#8217;s having aided him in attaining his fellowship at Pembroke &#8220;not past thre yers ago,&#8221; and he discusses whether or not he should take up the study of civil law: &#8220;I know wel both your wisdum to be sutch, that you can easly discern what is best for me, and I assure mi self your gud affection to be sutch, that you wil gladly counsel me for the best.&#8221; (13, 26)
</p></blockquote>
<p>After Smith&#8217;s death in August, 1577 following &#8220;a long and painful illness,&#8221; Harvey was chief mourner at the funeral, as Thomas Nashe noted with satirical malice two decades later in <em>Have With You To Saffron Walden</em>: </p>
<blockquote><p>
<em>Onely hee</em> [Harvey] <em>tells a foolish twittle twattle boasting tale (amidst his impudent brazen fac&#8217;d defamation of Doctor Perne,) of the Funerall of his kinsman, Sir Thomas Smith, (which word kinsman I wonderd he causd not to be set in great capitall letters,) and how in those Obsequies he was a chiefe Mourner.</em> (McKerrow 58)
</p></blockquote>
<p>As Nashe parenthetically remarks, the funeral was the occasion of an unpleasant incident between Harvey and Doctor Andrew Perne. To Doctor Perne&#8217;s chagrin, Lady Smith bestowed on Harvey some &#8220;rare manuscript books&#8221; belonging to Sir Thomas. Perne desired these manuscripts for himself and, according to Harvey&#8217;s account in <em>Pierces Supererogation</em>, expressed his annoyance by calling Harvey a &#8220;Foxe&#8221;: </p>
<blockquote><p>
<em>[Perne] once in a scoldes pollicie called me Foxe between jest, and earnest: (it was at the funerall of the honorable Sir Thomas Smith, where he preached, and where it pleased my Lady Smith, and the coexecutours to bestow certaine rare manuscript bookes upon me, which he desired).</em> (Stern 38)
</p></blockquote>
<p>Lady Smith&#8217;s bestowal of her husband&#8217;s rare manuscripts on Gabriel Harvey is proof of the regard in which Harvey was held by Sir Thomas Smith and his family. And Harvey&#8217;s respect and affection for Sir Thomas are evidenced by the fact that he began, immediately after the funeral, to write the Latin elegies in memory of his former friend, counsellor, and benefactor that were published in January, 15 78, as <em>Smithus: Vel Musarum Lachrymae</em> (39).</p>
<p>Given the extraordinarily close relationship between Sir Thomas Smith and Gabriel Harvey, it is significant that it was none other than Sir Thomas Smith who served as the catalyst for a friendship between Harvey and Edward de Vere, 17th Earl of Oxford. Smith had been one of Oxford&#8217;s childhood tutors (probably during the years 1556&#8211;1558) (Ward 10&#8211;11). Thus, it was likely in deference to Sir Thomas that Oxford went out of his way to offer financial help to Harvey during the latter&#8217;s undergraduate years at Cambridge. In <em>Foure Letters</em>, Harvey specifically identifies his kinship with the Smith family as the motive for Oxford&#8217;s generosity toward him: </p>
<blockquote><p>
<em>In the prime of his [Oxford's] gallantest youth, hee bestowed Angels upon mee in Christes Colledge in Cambridge, and otherwise voutsafed me many gratious favours at the affectionate commendation of my Cosen, M. Thomas Smith, the sonne of Sir Thomas.</em> (65&#8211;6)
</p></blockquote>
<p>The reference to Christ&#8217;s College dates Oxford&#8217;s benefactions to the years 1566&#8211;1570, when Harvey was an undergraduate, and these Cambridge years provide evidence of yet another link between Oxford and Gabriel Harvey. Harvey&#8217;s tutor at the university was William Lewin (d. 1598), who had formerly served as tutor to Anne Cecil, Oxford&#8217;s wife, and the daughter of Lord Burghley, his guardian. Harvey&#8217;s friendship with Lewin continued for many years (he dedicated <em>Ciceronianus</em> to him in 1577), and a friendship must also have developed between Lewin and Oxford, since the former tutor, now a student of the civil law, accompanied Oxford on the first stage of his continental tour in 1575; as a companion, Lewin was said to be &#8220;a Raphael &#8230; both discreet and of good years, and one that my Lord [Oxford] doth respect&#8221; (10&#8211;11; DNB VII 1048&#8211;9). Thus, the few historical records that have survived from this period bear witness to a developing friendship between Oxford and Harvey during the latter&#8217;s student years, based on mutual friendships with Sir Thomas Smith and William Lewin, and on Oxford&#8217;s generosity toward Harvey. </p>
<p>The records for the next eight years are a blank, so far as the relationship between Oxford Tand Harvey is concerned. In July of 1578, however, the two men are momentarily highlighted against the colorful backdrop of Queen Elizabeth&#8217;s summer progress. On July 26th and 27th, the royal party was at Audley End, three miles from Saffron Walden, where Cambridge dignitaries and scholars presented gifts and entertained Elizabeth and her courtiers with speeches and disputations. Harvey himself participated in a three-hour disputation and offered as a gift of his own, four manuscripts of Latin verse written on large folio-sized sheets in his ornamental Italian hand. The four manuscripts were later printed, with additions, as <em>Gabrielis Harveii Gratulationum Valdinensium Libri Quatuor</em> and presented by Harvey to the Queen on September 15th at Hadham Hall, the Hertfordshire estate of Harvey&#8217;s friend, Arthur Capel (Stern 65). The printed volume was &#8220;comprised of four books of Latin verse: Book I addressed to Elizabeth, Book II to Leicester, Book III to Burghley, and Book IV to Oxford, Hatton, and Sidney&#8221; (39&#8211;41; Nichols V2 109&#8211;14, 222). Harvey&#8217;s Latin verses to Oxford in Book IV praise the Earl as a poet and&#8212;in extravagant terms&#8212;as a potential military leader. Translated into English prose, Harvey&#8217;s encomium to Oxford reads, in part, as follows: </p>
<blockquote><p>
<em>O great-hearted one, strong in thy mind and thy fiery will, thou wilt conquer thyself, thou wilt conquer others; thy glory will spread out in all directions beyond the Arctic Ocean; and England will put thee to the test and prove thee to be a native .. bom Achilles. Do thou but go forward boldly and without hesitation. Mars will obey thee, Hermes will be thy messenger, Pallas striking her shield with her spear shaft will attend thee. For a long time past Phoebus Apollo has cultivated thy mind in the arts. English poetical measures have been sung by thee long enough. Let that Courtly Epistle &#8211; more polished than the writings of Castiglione himself &#8211; witness how greatly thou dost excel in letters. I have seen many Latin verses of thine, yea, even more English verses are extant; thou hast drunk deep draughts not only of the muses of France and Italy, but hast learned the manners of many men, and the arts of foreign countries. It was not for nothing that Sturmius himself was visited by thee; neither in France, Italy, nor Germany are any such cultivated and polished men. 0 thou hero worthy of renown, throw away the insignificant pen, throw away bloodless books, and writings that serve no useful purpose; now must the sword be brought into play, now is the time for thee to sharpen the spear and to handle great engines of war &#8230;. In thy breast is noble blood, Courage animates thy brow, Mars lives in thy tongue, Minerva strengthens thy right hand, Bellona reigns in thy body, within thee bums the fire of Mars. Thine eyes flash fire, thy countenance shakes spears; who would not swear that Achilles had come to life again?</em> (Ogburn 596&#8211;7)
</p></blockquote>
<p>The entertainment at Audley End, and the favour shown to him by the Earl of Leicester for a brief time thereafter, marked the high point of Harvey&#8217;s career. At some time during this period, he seems to have served as Leicester&#8217;s secretary and was &#8220;bending every effort toward securing a niche for himself at Court&#8221; (Stern 46, 50, 68). However, after a brief trial, according to Nashe&#8217;s admittedly biased account, Leicester told Harvey he was &#8220;fitter for the Universitie than for the Court&#8221;: </p>
<blockquote><p>
<em>He that most patronizd him, prying more searchingly into him, and finding that he was more meete to make sport with than anie way deeply to be employd, with faire words shooke him of, &#038; told him he was fitter for the Universitie than for the Court or his tume, and so bad God prosper his studies, &#038; sent for another Secretarie to Oxford.</em> (Stern 46; McKerrow 79)
</p></blockquote>
<p>Any further hope of preferment that Harvey might have entertained was dashed in the summer of 1580 with the anonymous and unauthorized publication of a part of his correspondence with his friend Edmund Spenser in <em>Three Proper and Wittie Familiar Letters</em>. This volume, entered in the Stationers&#8217; Register on June 30th, 1580, included a letter from Harvey to Spenser containing Latin hexameter verses that Harvey himself characterized as a &#8220;bolde Satyriall libell.&#8221; In the letter, Harvey indicated that these verses, entitled <em>Speculum Tuscanismi</em>, had been &#8220;lately devised&#8221; at the instigation of a gentleman in Hertfordshire (perhaps Harvey&#8217;s friend, Arthur Capel) (Stem 40, 65, 251, 254): </p>
<blockquote><p>
<em>But seeing I must needes bewray my store, and set open my shoppe wyndowes, nowe I pray thee, and coniure thee by all thy amorous Regardes, and exorcismes of Love, call a Parliament of thy Sensible, &#038; Intelligible powers together, &#038; tell me, in Tom Trothes earnest, what II secondo, &#038; famoso Poeta, Master Immerito, sayth to this bolde Satyriall Libell lately devised at the instaunce of a certayne worshipfull Hartefordshyre Gentleman, of myne olde acquayntaunce: in Gratiam quorundam Illustrium Angofrancitalorum, hic &#038; ubique apud nos voli, tantium. Agedum vero, nosti homines, tanquam tuam ipsius cutem.</em><br />
<br />
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;<em>Speculum Tuscanismi.</em><br />
<em><br />
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Since Galateo came in, and Tuscanisme gan usurpe,<br />
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Vanitie above all: Villanie next her, Statelynes Empress.<br />
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;No man, but Minion, Stowte, Lowte, Plaine, Swayne, quoth a Lording:<br />
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;No wordes but valorous, no workes but woomanish onely.<br />
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;For life Magnificoes, not a beck but glorious in shew,<br />
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;In deede most frivolous, not a looke but Tuscanish alwayes.<br />
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;His cringing side necke, Eyes glauncing, Fisnamie smirking,<br />
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;With forefinger kisse, and brave embrace to the footewarde.<br />
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Largebellied Kodpeasd Dublet, unkodpeased halfe hose,<br />
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Strait to the dock, like a shirte, and close to the britch, like a diveling.<br />
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;A little Apish Flatte, cowched fast to the pate, like an Oyster,<br />
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;French Camarick Ruffes, deepe with a witnesse, starched to the purpose. </em><br />
<em><br />
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Every one A per se A, his termes, and braveries in Print,<br />
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Delicate in speach, queynte in araye: conceited in all poyntes:<br />
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;In Courtly guyles, a passing singular odde man<br />
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;For Gallantes a brave Myrrour, a Primerose of Honour,<br />
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;A Diamond for nonce, a fellowe perelesse in England.<br />
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Not the like Discourser for Tongue, and head to be found out:<br />
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Not the like resolute Man, for great and serious affayres, <br />
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Not the like Lynx, to spie out secretes, and privities of States.</em> <br />
<em><br />
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Eyed, like to Argus, Earde, like to Midas, Nosd, like to Naso,<br />
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Wingd, like to Mercury, fittst of a Thousand for to be employde,<br />
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;This, nay more than this doth practise of Italy in one yeare.<br />
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;None doe I name, but some doe I know, that a peece of a twelvemontth<br />
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Hath so perfitted outly, and inly, both body, both soule,<br />
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;That none for sense, and senses, halfe matchable with them.<br />
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;A Vulturs smelling, Apes tasting, sight of an Eagle,<br />
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;A Spiders touching, Hartes hearing, might of a Lyon.<br />
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Compoundes of wisedome, witte, prowes, bountie, behaviour,<br />
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;All gallant Vertues, all qualities of body and soule:<br />
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;o thrice tenne hundreth thousand times blessed and happy,<br />
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Blessed and happy Travaile, travailer most blessed and happy.<br />
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Penatibus Hetruscis laribusque nostris Inquilinis. </em></p>
<p><em>Tell me in good sooth, doth it not too evidently appeare, that this English Poet wanted but a good patteme before his eyes, as it might be some delicate, and choyce elegant Poesie of good M. Sidneys, or M. Dyers (ouer very Castor &#038; Pollux for such and many greater matters) when this trimme geere was in hatching.</em> (Grosart VI 83&#8211;6) </p></blockquote>
<p>Harvey&#8217;s reference to Sidney and Dyer hints discreetly that they might be a receptive audience for <em>Speculum Tuscanismi</em>, and in the closing paragraph of the letter, Harvey authorizes Spenser to &#8220;communicate&#8221; his letter to them: </p>
<blockquote><p>
<em>You knowe my ordinarie Postscripte: you may communicate as much, or as little, as you list, of these Patcheries, and fragments, with the two Gentlemen [i.e., Sidney and Dyer]: but there a straw, and you love me: not with any else, friend or foe, one, or other: unlesse haply you have a special desire to imparte some parte hereof, to my good friend M. Daniel Rogers: whose curtesies are also registred in my Marble booke. You knowe my meaning.</em> (Grosart 107)
</p></blockquote>
<p>Although Harvey&#8217;s letter containing the <em>Speculum Tuscanismi</em> verses is undated, its approximate date of composition can be fixed by the circumstances of its publication in <em>Three Proper and Wittie Familiar Letters</em>. The first of Harvey&#8217;s letters in this volume deals with the earthquake of April 6th, 1580 (Stem 54&#8211;5). His second letter, which contains Speculum Tuscanismi, dates from about the same time and cannot have been written later than the introductory epistle to <em>Three Letters</em>, that is dated June 19th, 1580 (Stem 54). Thus, Harvey must have written the poem <em>Speculum Tuscanismi</em> sometime between early April and mid-June, 1580. </p>
<p>Unfortunately for Harvey (and, probably, for Spenser), the publication of <em>Three Letters</em> caused a furor, and the matter came before the Privy Council (principally, it would seem, because of a remark of Harvey&#8217;s which was misinterpreted as an attack on Sir James Croft, Controller of the Household). Harvey himself admitted that &#8220;the sharpest part of those unlucky Letters was over-read at the Council Table&#8221; (Ogburn 631). And John Lyly, in<em> Pap With A Hatchet</em>, gleefully recalled in 1589 the punishment for libel which might have befallen Harvey: </p>
<blockquote><p>
<em>And one will we conjure up, that writing a familiar Epistle about the naturall causes of an Earthquake, fell into the bowells of libelling, which made his eares quake for feare of clipping.</em> (McKerrow V3 74)
</p></blockquote>
<p>The whole matter came back to haunt Harvey a decade and a half later in his famous quarrel with Nashe, whose ruthless exposition of the incident in <em>Have With You To Saffron Walden</em> clarifies much that would otherwise be obscure about the composition of <em>Speculum Tuscanismi</em>. In the first place, Nashe unambiguously imputes the composition of the poem to Harvey&#8217;s ambition (&#8220;his ambicious stratagem to aspire&#8221;) and his desire to ingratiate himself with the Earl of Leicester (&#8220;that Nobleman &#8230; for whome with his pen hee thus bladed&#8221;): </p>
<blockquote><p>
<em>I had forgot to observe unto you, out of his first foure familiar Epistles, his ambicious stratagem to aspire, that whereas two great Pieres beeing at jarre, and their quarrell continued to bloudshed, he would needs, uncald and when it lay not in his way, steppe in on the one side, which indeede was the safer side (as the foole is crafty inough to sleepe in a whole skin) and hewe and slash with his Hexameters; but hewd and slasht he had beene as small as chippings, if he had not playd ducke Fryer and hid himselfe eight weeks in that N oblemans house for whome with his pen hee thus bladed. Yet neverthelesse Syr James a Croft, the olde Controwler, ferrited him out, and had him under hold in the Fleete a great while, taking that to be aimde &#038; leveld against him, because he cald him his olde Controwler, which he had most venomously belched against Doctor Perne. Uppon his humble submission, and ample exposition of the ambiguous Text, and that his forementioned Mecenas mediation, matters were dispenst with and quallified, &#038; some light countenance, like sunshine after a storme, it pleased him after this to let fall uppon him, and so dispatcht him to spurre Cut backe againe to Cambridge.</em> (McKerrow V3 78)
</p></blockquote>
<p>Nashe&#8217;s account makes it clear that the composition of <em>Speculum Tuscanismi</em> was part of a larger quarrel (&#8220;two great Pieres beeing at jarre&#8221;), into which Harvey stepped, unasked, on the safer side (&#8220;uncald and when it lay not in his way, steppe in on the one side, which indeede was the safer side&#8221;). The &#8220;quarrel&#8221; to which Nashe alludes can be equated with the long-drawn-out conflict in 1579&#8211;80 over Queen Elizabeth&#8217;s proposed marriage to Francois, Duke of Alencon. The two peers who were &#8220;at jarre&#8221; were Leicester and Sussex; with Leicester, along with the Earl of Pembroke, Sir Christopher Hatton and Sir Francis Walsingham, opposing the marriage, while Oxford and Burghley sided with Sussex, who favored it. In late August, 1579, animosity between the two sides flared up in the celebrated tennis court quarrel in which Oxford called Philip Sidney, Leicester&#8217;s nephew and heir apparent, a &#8220;puppy.&#8221; Sidney fiercely resented the insult (Duncan-Jones 164) . His friends&#8212;Harvey among them&#8212;doubtless did likewise, and it may have been partly to avenge this insult to the Leicester party that Harvey, in the early months of 1580, &#8220;bladed his pen&#8221; against Oxford (Stern 65). </p>
<p>In his exculpatory account in <em>Foure Letters</em>, written many years after the event, Harvey ascribed the writing of <em>Speculum Tuscanismi</em> to a combination of youthful indiscretion and the urging of friends who did not scruple to use him for their own purposes. At the time, he says, he was &#8220;yong in yeares, fresh in courage, greene in experience, and as the manner is, somewhat overweeninge in conceit.&#8221; He had been reading invectives and satires and had been exasperated by some &#8220;sharpe undeserved discourtesies&#8221; (Oxford&#8217;s insult to Sidney is perhaps referred to in line 3 of <em>Speculum Tuscanismi</em>). Moreover, </p>
<blockquote><p>
<em>&#8230; some familiar friendes pricked me forward: and I neither fearing daunger, nor suspecting ill measure, (poore credulitie sone beguiled) was not unwilling to content them, to delight a few other, and to avenge, or satisfie my selfe, after the manner of shrewes, that cannot otherwise ease their curst hearts, but by their owne tongues, &#038; their neighbours eares.</em> (59)
</p></blockquote>
<p>He had not intended to publish the &#8220;infortunate Letters, which had fallen into the left handes of malicious enemies, or undiscreete friends: who adventured to imprint in earnest, that was scribbled in jest, for the moody fit was soone over.&#8221; </p>
<p>Understandably, Harvey also stoutly disputed the accusation that <em>Speculum Tuscanismi</em> was directed at Oxford: </p>
<blockquote><p>
[Lyly] <em>would needs forsooth verye courtly perswade the Earle of Oxforde, that some thing in those Letters, and namely the Mirrour of Tuscanismo, was palpalby intended against him: whose noble Lordeship I protest, I never meante to dishonour with the least prejudicial word of my Tongue, or pen: but ever kept a mindefull reckoning of many bounden duties toward The-same: since in the prime of his gallantest youth, hee bestowed Angels upon mee in Christes Colledge in Cambridge, and otherwise voutsafed me many gratious favours at the affectionate commendation of my Cosen, M. Thomas Smith, the sonne of Sir Thomas, shortly after Colonel of the Ardes in Ireland. But the noble Earle, not disposed to trouble his Joviall mind with such Saturnine paltery, stil continued, like his magnificent selfe.</em> (65&#8211;6)
</p></blockquote>
<p>Harvey&#8217;s assertion that he &#8220;never meante to dishonour&#8221; the Earl of Oxford with the &#8220;least prejudicial word of his tongue or pen&#8221; cannot be totally discounted; Speculum Tuscanismi takes some liberties with the Earl&#8217;s Italianate dress and mannerisms, but otherwise attributes many &#8220;remarkable gifts&#8221; to Oxford (Ogburn 630). However, Harvey&#8217;s own characterization of the verses as a &#8220;bolde Satyriall Libell,&#8221; taken in conjunction with some notes in his Letter-book, suggests that his intentions were &#8220;not altogether innocent&#8221;: </p>
<blockquote><p>
On folios 51 v and 52 v of Sloane MS.93 there is the draft of a discourse entitled a &#8220;dialogue in Cambridge between Master GH and his cumpanye at a midsumer Comencement, togither with certayne delicate sonnets and epigrammes in Inglish verse of his makinge.&#8221; One of the gentlemen in the company quotes the first twenty-three lines of the satirical poem which in 1580 was published as Speculum Tuscanismi. The discourse continues: &#8220;Nowe tell me &#8230; if this be not a noble verse and politique lesson &#8230; in effecte conteyning the argumente of his [Master GH's] curragious and warly[k]e apostrophe to my lorde of Oxenforde in his fourth booke of Gratulationum Valdinensium.(Stern 66)
</p></blockquote>
<p>Harvey&#8217;s account in <em>Foure Letters</em> conveys the impression that he regretted writing <em>Speculum Tuscanismi</em>. However, his evidence does not point to a permanent breach between himself and Oxford. In the first place, he states confidently that the Earl shrugged the matter off as beneath his notice (&#8220;the noble Earle, not disposed to trouble his Joviall mind with such Saturnine paltery, stil continued, like his magnificent selfe&#8221;). Secondly, he recalls, for the benefit of his readers, Oxford&#8217;s openhanded generosity towards him in his youth. Both these statements are incompatible with any long-lasting animosity between the two men. Moreover, when considering Oxford&#8217;s relationship with Harvey during the years 1579­80, it is necessary to keep the chronology of events clearly in focus. On April 10th, 1579, when E.K. signed and dated the dedicatory epistle to Harvey in <em>The Shepheardes Calender</em>, <em>Speculum Tuscanismi</em> was still a year in the future. There is, thus, every reason to believe that relations between Oxford and Harvey on April 10, 1579, were on the friendly basis that had obtained during the lifetime of their mutual friend, Sir Thomas Smith, and that E.K&#8217;s attitude toward Harvey in <em>The Shepheardes Calender</em> is entirely consistent with Oxford&#8217;s relationship with Harvey at that time.</p>
<p>At this point, it is necessary to consider the nature of E.K.&#8217;s friendship with Gabriel Harvey, as revealed in the dedicatory epistle and glosses in the Calender. In the first place, E.K. &#8216;s dedicatory epistle to Harvey is notably warm and courteous, and generous in its praise of Harvey&#8217;s abilities: </p>
<blockquote><p>
<em>To the most excellent and learned both Orator and Poete, Mayster Gabriell Harvey, his Verie special and singular good frend E.K. commendeth the good lyking of this his labour, and the patronage of the new Poete.</em> (Oram 13 )
</p></blockquote>
<p>The opening paragraph of the epistle is also remarkable for the informal manner in which E.K. draws Harvey, as it were, into a friendly discussion with the Reader: </p>
<blockquote><p>
<em>Uncouthe unkiste, Sayde the olde famous Poete Chaucer. . . . Which proverbe, myne owne good friend Ma. Harvey, as in that good old Poete it served well Pandares purpose, for the bolstering of his baudy brocage, so very well taketh place in this our new Poete, who for that he is uncouthe as said Chaucer, is unkist, and unknown to most men, is regarded but of few.</em> (13)
</p></blockquote>
<p>E.K. concludes the epistle by gracefully submitting his efforts to Harvey&#8217;s judgment and soliciting his protection for the work of the &#8220;new Poete.&#8221; </p>
<blockquote><p>
<em>These my present paynes, if to any they be pleasurable or profitable, be you judge, mine own good Maister Harvey, to whom I have both in respect of your worthinesse generally, and otherwyse upon some particular and special considerations vowed this my labour, and the maydenhead of this our commen frends Poetrie, himselfe having already in the beginning dedicated it to the Noble and worthy Gentleman, the right worshipfull Ma. Phi. Sidney, a special favourer and maintainer of all kind of learning, Whose cause I pray you Sir, yf Envie shall stur up any wrongful accusasion, defend with your mighty Rhetorick and other your rare gifts of learning, as you can, and shield with your good wil, as you ought, against the malice and outrage of so many enemies, as I know wilbe set on fire with the sparks of his kindled glory. And thus recommending the Author unto you, as unto his most special good frend, and my selfe unto you both, as one making singuler account of two so very good and so choise frends, I bid you both most hartely farwel, and commit you and your most comendable studies to the tuicion of the greatest.</em>(</p>
<p><em>Your owne assuredly to be commaunded E.K .</em> (20) </p></blockquote>
<p>This closing salutation is followed by a lengthy postscript urging Harvey to publish his own unpublished manuscripts (whether this postscript was written tongue,in,cheek by someone who had listened to Harvey&#8217;s extravagant praise of him at Audley End must be left to the judgment of the individual reader): </p>
<blockquote><p>
<em>Now I trust M. Harvey, that upon sight of your speciall frends and fellow Poets doings, or els for envie of so many unworthy Quidams, which catch at the garlond, which to you alone is dewe, you will be perswaded to pluck out of the hateful darknesse, those so many excellent English poemes of yours, which lye hid, and bring them forth to eternall light. Trust me you doe both them great wrong, in depriving them of the desired sonne, and also your selfe, in smoothering your deserved prayses, and all men generally, in withholding from them so divine pleasures, which they might conceive of your gallant English verses, as they have already doen of your Latine Poemes, which in my opinion both for invention and Elocution are very deli .. cate, and superexcellent. And thus againe, I take my leave of my good Mayster Harvey from my lodging at London thys 10 of Aprill. 1579.</em> (20&#8211;1)
</p></blockquote>
<p>The introductory epistle to <em>The Shepheardes Calender</em> thus suggests a friendship between E.K. and Gabriel Harvey that is generally consistent with what is known of the friendship between Harvey and Oxford in 1579. And E.K.&#8217;s glosses to the <em>Calender</em> take the identification between E.K. and Oxford a step further by linking E. K. with people and events which had mutual significance for both Oxford and Harvey. </p>
<p>In his gloss to the word &#8220;couthe&#8221; in the January eclogue, for example, E.K. mentions the very circumstance that gave rise to the friendship between Harvey and Oxford, namely Harvey&#8217;s kinship with Oxford&#8217;s old tutor, Sir Thomas Smith: </p>
<blockquote><p>
<em>&#8230; couthe commeth of the verb Conne, that is, to know or to have skill. As well interpreteth the same the worthy Sir Tho. Smith in his booke of goverment: wherof I have a perfect copie in wryting, lent me by his kinseman, and my verye singular good freend, M. Gabriel Harvey: as also of some other his most grave and excellent wrytings.</em> (33)
</p></blockquote>
<p>His gloss makes it clear that Sir Thomas Smith is a focal point of E.K.&#8217;s relationship with Gabriel Harvey. Moreover, E.K. has read not only Smith&#8217;s manuscript treatise on government, but also &#8220;other his most grave and excellent wrytings,&#8221; and his study of them has been so thorough as to enable him to recall Smith&#8217;s usage of a particular word: &#8220;couthe.&#8221; There may have been a number of reasons for E.K.&#8217;s interest in Smith&#8217;s works. If E.K. was Oxford, however, there is no mystery about the matter, and his interest in Smith&#8217;s published and unpublished works is readily accounted for by the fact that they came from the pen of his former tutor. Similarly, in a gloss to the September eclogue, E.K. mentions with approval Harvey&#8217;s elegiac verses on Sir Thomas Smith, Vel Musarum Lachrymae.</p>
<p>Even more significantly, E.K. refers in this gloss to the 1578 entertainment at Audley End in which Harvey and Oxford had played prominent parts. And E.K.&#8217;s reference to the entertainment is noteworthy for its completeness: not only does he mention the dedication of <em>Gratulationum Valdinensium</em> to the Queen at Audley End, but also Harvey&#8217;s subsequent presentation of a printed copy at &#8220;the worshipfull Maister Capells in Hertfordshire&#8221;: </p>
<blockquote><p>
<em>Colin cloute: Nowe I thinke no man doubteth but by Colin is ever meante the Authour selfe, whose especiall good freend Hobbinoll sayth he is, or more rightly Mayster Gabriel Harvey: of whose speciall commendation, as well in Poetrye as Rhetorike and other choyce learning, we have lately had a sufficient tryall in diverse his workes, but specially in his Musarum Lachrymae, and his late Gratulationum Valdinensium which boke in the progresse at Audley in Essex, he dedicated in writing to her Majestie, afterward presenting the same in print unto her Highnesse at the worshipfull Maister Capells in Hertfordshire. Beside other his sundrye most rare and very notable writings, partly under unknown Tytles, and partly under counterfayt names, as his Tyrannomastix, his Ode Natalitia, his Rameidos, and esspecially that parte of Philomusus, his divine Anticosmopolita, and divers other of lyke importance.</em> (163&#8211;4)
</p></blockquote>
<p>E.K.&#8217;s mention of Harvey&#8217;s presentation to Elizabeth of a printed copy of <em>Gratulationum Valdinensium</em> at Hadham Hall appears to be the sole historical reference to this event (Churchyard&#8217;s account of the 1578 progress merely records the royal party&#8217;s stop at &#8220;Mayster Kapel&#8217;s, where was excellent good cheere and entertaynement&#8221;) (Nichols V2 222). Moreover, Harvey&#8217;s presentation of his book to the Queen is likely to have been remarked upon only by an eyewitness to his minor triumph; in other words, someone within a small circle of courtiers, Cambridge officials, and personal friends of Gabriel Harvey. By his references to <em>Gratulationum Valdinensium</em>, E.K. necessarily includes himself in this limited group, suggesting once again that he and Oxford were one and the same individual. In summary, then, Oxford meets one of the most important tests for identification with E.K.: he was a friend of Gabriel Harvey in April, 1579. The friendship may have been weakened a year later by the publication of <em>Three Letters</em>, but at the time it was entirely consistent with the warm and generous attitude displayed toward Harvey by E.K. in <em>The Shepheardes Calender</em>.  </p>
<h4>Works Cited </h4>
<p>Bond, R. Warwick, ed. <em>The Complete Works of John Lyly</em>. Oxford: Clarendon, 1973. </p>
<p>Collier, John Payne, ed. <em>The Works of Edmund Spenser</em>. London: Bell &#038; Daldy, 1862. </p>
<p>Cullen, Patrick. <em>Spenser, Marvell, and Renaissance Pastoral</em>. Harvard UP, 1970. </p>
<p>Duncan-Jones, Katherine. <em>Sir Philip Sidney: Courtier Poet</em>. New Haven: Yale UP, 1991. </p>
<p>Fogle, French R. <em>Such a Rural Queen: The Countess Dowager of Derby as Patron in Patronage in Late Renaissance England</em>. Los Angeles: UC Press, 1983. </p>
<p>GEC. <em>The Complete Peerage</em>. London: St. Catherine Press, 1926. </p>
<p>Greenlaw, Edwin, ed. <em>The Works of Edmund Spenser</em>. Baltimore: Johns Hopkins, 1934. </p>
<p>Grosart, Alexander, ed. <em>The Works of Gabriel Harvey</em>. London: Hazell, 1884.</p>
<p>Hamilton, A.C., ed. <em>The Spenser Encyclopedia</em>. Toronto: Toronto UP, 1990. </p>
<p>Harleian Society. <em>Visitation of Warwickshire</em>. </p>
<p>Johnson, Lynn Staley. <em>The Shepheardes Calender: An Introduction</em>. Pennsylvania UP, 1990. </p>
<p>McKerrow, R.B. <em>The Works of Thomas Nashe</em>. New York: Barnes &#038; Noble, 1966. </p>
<p>McLane, Paul. <em>Spenser&#8217;s Shepheardes Calender: A Study in Elizabethan Allegory</em>. U of Notre Dame, 1961. </p>
<p>Miller, Ruth Loyd, ed. <em>&#8220;Shakespeare&#8221; Identified in Edward De Vere, Seventeenth Earl of Oxford</em>. 3rd ed. Port Washington: Kennikat Press, 1975. </p>
<p>Nichols, John. The Progresses and Public Processions of Queen Elizabeth. New York: Franklin, 1823. </p>
<p>Ogburn, Charlton. <em>The Mysterious William Shakespeare: The Myth and The Reality</em>. New York: Dodd, 1984. </p>
<p>Oram, William, ed.<em> The Yale Edition of the Shorter Poems of Edmund Spenser</em>. New Haven: Yale UP, 1989. </p>
<p>Shepherd, Geoffrey, ed. <em>An Apology for Poetry, or The Defense of Poesy</em>. London: Nelson, 1965. </p>
<p>Stern, Virginia F. <em>Gabriel Harvey: His Life, Marginalia and Library</em>. Oxford: Clarendon, 1979. </p>
<p>Waldman, Louis. Spenser&#8217;s Pseudonym E.K. and Humanist Self-Naming, in Cullen, Patrick and Thomas P. Roche, eds. <em>Spenser Studies: A Renaissance Poetry Annual</em>. New York: AMS, 1991. </p>
<p>Stephen, Leslie, ed. <em>The Dictionary of National Biography</em>. London: Oxford UP, 1917&#8211;1968. </p>
<p>Ward, B.M. <em>The Seventeenth Earl of Oxford (1550&#8211;1604)</em>. London: John Murray, 1928. </p>
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		<title>Hotwiring the Bard into Cyberspace: Insights into automated Forms of Stylistic Analysis Which Attempt to Address Elizabethan Authorship Questions</title>
		<link>http://www.shakespeare-oxford.com/?p=929</link>
		<comments>http://www.shakespeare-oxford.com/?p=929#comments</comments>
		<pubDate>Sun, 26 Jun 2011 01:41:05 +0000</pubDate>
		<dc:creator>Smiley</dc:creator>
				<category><![CDATA[The Oxfordian]]></category>

		<guid isPermaLink="false">http://www.shakespeare-oxford.com/?p=929</guid>
		<description><![CDATA[W. Ron Hess There has long been controversy about who wrote what during the Elizabethan era because there was an extraordinary proclivity among Elizabethan authors to write anonymously or under pseudonyms, to collaborate, and to borrow (or to quote without attribution, what today we would call &#8220;to plagiarize&#8221;). Therefore, it is not surprising that this [...]]]></description>
			<content:encoded><![CDATA[<h4>W. Ron Hess</h4>
<hr />
<p>There has long been controversy about who wrote what during the Elizabethan era because there was an extraordinary proclivity among Elizabethan authors to write anonymously or under pseudonyms, to collaborate, and to borrow (or to quote without attribution, what today we would call &#8220;to plagiarize&#8221;). Therefore, it is not surprising that this controversy has significantly touched on the works of that most beloved of all Elizabethans, William Shakespeare. As such, this topic is integral to our modern&#8217; day approach to the Shakespeare authorship question. Given this labyrinth of possible multiple hands in works of disputed attribution throughout Elizabethan literature, how can we pick out, with reasonable assurance, who wrote what, and maybe even when? For most of the intervening centuries, stylistic discrimination had to depend exclusively on the arbitrary personal judgment of &#8220;experts.&#8221; The experts were often self-appointed scholars whose intensive studies of Shakespeare&#8217;s works somehow conferred upon them the ability to detect Shakespeare&#8217;s style and nuances, at least in their own minds. One example was Earnest A. Gerrard&#8217;s 1928 work (<em>Elizabethan Drama and Dramatists 1583-1603</em>) which unsatisfactorily claimed to be able to tell which parts of Shakespeare&#8217;s works were written by the various professional playwrights of the Elizabethan era. Another example more familiar to non-orthodox scholars was William Plumer Fowler&#8217;s massive 1986 book (<em>Shakespeare Revealed in Oxford&#8217;s Letters</em>) that stylistically compared most of the 17th Earl of Oxford&#8217;s letters, plus five letters of his son-in-law, the 6th Earl of Derby, to Shakespeare&#8217;s works. Fowler concluded that both had a hand in writing the works. Though we may respect Fowler&#8217;s conclusions and methods more than Gerrard&#8217;s, whether either &#8220;expert&#8221; was right remains personal opinion, no matter how many &#8220;credentials&#8221; each may have held.</p>
<p>Going one step better than merely resorting to authority have been those stalwarts who for centuries have viewed Shakespeare&#8217;s works from a statistical or enumerative standpoint. Typically, they would attach to a concordance, or put in an Appendix, a list of the occurrences of some word, phrase, or anomaly, piecework often astounding in their demonstrations of thoroughness and dedication during an era before automated tools could assist in such laborious efforts. When we run across one of these brave efforts, we should ask whether the underlying theory itself was valid; whether the word, phrase, or anomaly really had verifiable meaning with regard to the authorship question at hand. </p>
<p>An instructive case in point was the statistical system touted in 1901 by Dr. Thomas Mendenhall, who claimed that &#8220;frequency of word lengths&#8221; was a meaningful discriminator, and that Christopher Marlowe&#8217;s works match Shakespeare&#8217;s in this one criterion, but Bacon&#8217;s do not (Michell 228&#8211;231). However, over the many decades since this claim was first made, no convincing support for this particular statistical approach has emerged. And, except for panning Bacon, no really good extensions of the system to other authorship comparisons seem to have been made. Criticism of Mendenhall&#8217;s methods by H. N. Gibson is additionally instructive: </p>
<blockquote><p>As a mere scientist, Mendenhall did not understand the conditions of Elizabethan literature; how old copyists and modern editors have tinkered with the lengths and spellings of words; how authors collaborated to such an extent that it is impossible to be sure of selecting pure samples of anyone&#8217;s work; how often revisions were made by other hands. Mendenhall&#8217;s samples were not large enough to be significant, nor did he test enough authors to be sure that the Marlowe-Shakespeare correspondence was really unique. It is unfair to compare Bacon&#8217;s prose with Shakespeare&#8217;s verse. Finally, Mendenhall did not double-check his results, so he and his tired assistants probably made mistakes in their counting. This [however] ignores the virtue of Mendenhall&#8217;s method: that a writer&#8217;s word-length pattern is unconscious and does not significantly vary, whatever the subject or style adopted. Yet no system is perfect. When Mendenhall analyzed &#8220;A Christmas Carol&#8221; he found that the number of seven-letter words in it was unusually high for a Dickens sample. That was because of the repetition of the name, Scrooge.&#8221; (229&#8211;30) </p></blockquote>
<p>Many of the criticisms of Mendenhall above might also be applied to more modern dabblers in automated stylistic analysis, as we shall see. We must attempt to overcome these weaknesses in any system that we may wish to construct ourselves. But, seeing no great support for this methodology except among supporters of Marlowe as the author of Shakespeare, one must conclude that Mendenhall&#8217;s system does no better than to set the opinions of a few &#8220;experts&#8221; against those of the rest of the world. </p>
<p>This has been a common problem for all non-automated approaches to date: the need to achieve to the greatest extent possible objectivity, perfection, unassailability, and to weed out the human element prone to error and bias. This, then, has been the &#8220;Holy Grail&#8221; of all who wish to automate stylistic discrimination. It remains to be seen whether such a dependable system will remain forever romantically elusive, or whether it is, in fact, a real possibility. </p>
<p>With the emergence of modern statistical methods and primitive electronic computing, the best that could initially be done was to try to formalize the experts&#8217; rules sufficiently to allow them to be put into partially-automated statistical systems. Such was Prof. Warren Austin&#8217;s 1969 effort, which claimed to have identified significant similarities between the style of Henry Chettle and the style used in the 1592 pamphlet published by Chettle, called <em>Greene&#8217;s Groatsworth of Wit, Bought with a Million of Repentance</em>, which pretends to be Robert Greene&#8217;s deathbed work. Austin&#8217;s conclusion was that Greene made little if any contribution to the pamphlet, and more than likely it was a forgery by Chettle. It is a testament to how unpersuasive Austin&#8217;s methodology was (notwithstanding his use of statistics and computers) that a deep division continues in all circles of scholarship, especially over the Internet, as to whether Greene, Chettle, Nashe, or someone else wrote that pamphlet. Austin&#8217;s conclusion has been dismissed by many orthodox scholars for many reasons, not the least of which was that if Greene did not write Groatsworth, they may have to forfeit one of their few snippets of putative Shakespearean &#8220;biography&#8221; (see discussion of this in Hess 1996). Austin&#8217;s plight can be summed up in his own words from 1992, when he reported that: </p>
<blockquote><p>I have recently had produced a much more comprehensive concordance to Greene&#8217;s prose, including over 300,000 words of Greene&#8217;s text from all periods of his publishing career. This provides a data base that should make it possible to establish vis-a-vis the whole Chettle corpus, previously concorded, the particular verbal, syntactical, and other usages which so consistently differentiate the Greene and Chettle styles, and thus to determine decisively the true author of <em>Greene&#8217;s Groatsworth of Wit</em>. </p></blockquote>
<p>Thus, after several decades, poor Prof. Austin still had not &#8220;decisively&#8221; reached a conclusion about a relatively simple issue such as Greene vs. Chettle, let alone Shakespeare vs. anyone else. It is safe to say that Austin&#8217;s system was not &#8220;perfect&#8221; or &#8220;unassailable.&#8221;</p>
<p>Another instructive case was the statistical system enhanced by computers which was developed by political science Prof. Ward Elliott and his &#8220;clinic&#8221; of undergraduate students. This system was reviewed by Peter Moore in <em>The Shakespeare Oxford Newsletter</em> (Summer 1990), was defended by Elliott in an unpublished article (October 1990), and finally explained in Elliott&#8217;s published article in <em>Notes &#038; Queries</em> (December 1991), giving some insights into his methodology, findings, and conclusions, some of which will be discussed in the second part of this article [to be published in the 1999 <em>Oxfordian</em>]. Elliott&#8217;s system attempted to evaluate Shakespeare&#8217;s &#8220;linguistic tendencies&#8221; and characteristics in a way that he hoped would uniformly generate results to be run against other authors of the same era. </p>
<p>However, Moore&#8217;s 1990 review asserted that many of the criteria used by Elliott&#8217;s system turned out to be purely editorial-based or punctuation-based, not really related to authorship, while Elliott&#8217;s choices of texts to evaluate often had serious flaws which should have been avoided. (Does this sound similar to criticisms of Mendenhall by Gibson?) We should recognize that the English language, spelling, punctuation, printing technology, editorial habits, and many other aspects were in great flux during the time of the publication of Shakespeare&#8217;s works and the King James Bible, both of which did much to set the standards for our language thereafter (McCrum 90106, 11015). The 1623 Shakespeare First Folio was punctuated quite differently from the modern Riverside Shakespeare chosen by Elliott, and 16th-century punctuation was relatively slight compared to that of later eras. For example, Elliott&#8217;s system used occurrences of exclamation marks, when in fact the exclamation mark was not adopted into the English language until the 1590s, some time after the publication of many of the works Elliott compared against, such as the 1570s poems of the Earl of Oxford (Moore 9). Not surprisingly, Oxford&#8217;s punctuation and exclamation-deficient poems were rated by Elliott&#8217;s system as poorly matching Shakespeare&#8217;s 1609 and 1623 works with their 20th-century editing and punctuation. Elliott acknowledged in his unpublished 1990 article that &#8220;exclamation marks may [be] a weak test&#8221; (5); something of an understatement. </p>
<p>Such foibles make it clear that Elliott&#8217;s system is no more &#8220;perfect&#8221; or &#8220;unassailable&#8221; than Austin&#8217;s; that it is open to improvement and could be better accepted by his colleagues. Elliott has explained his methodology in more comprehensive articles in 1996 and 1997, even though his Shakespeare Clinic &#8220;closed down&#8221; in 1994. He now claims Shakespeare was probably not the author of <em>Titus Andronicus</em>, <em>Henry VI, Pt. 3</em>, or <em>A Lover&#8217;s Complaint</em>. </p>
<p>Elliott, however, remains active in criticizing his successor as king of the automated hill, Prof. Donald Foster. Foster&#8217;s hypotheses and preliminary conclusions were originally stated in his 1989 book identifying Shakespeare as the author of a 1612 poem known as &#8220;Elegy by W.S.&#8221; Foster hypothesized that William Shakepeare wrote this elegy to mourn the brutal murder of one William Peter (variously spelled <em>Peeter</em> and <em>Petre</em>) of Whipton near Exeter and then somehow managed to get it published only days afterwards in London, though Foster did acknowledge that the verse was far from Shakespeare&#8217;s best. Oxfordian author Joe Sobran jumped on these improbabilities in his entertaining 1996 article, where he argued that Oxford wrote &#8220;Elegy&#8221; as a youthful effort, which was set aside in shame, only to emerge when it was stolen from his widow&#8217;s estate by a pirate publisher in 1609 and then saved until the 1612 murder provided a pretext for publishing the poem (because of the poem&#8217;s featuring of the name &#8220;Peter&#8221; in certain lines). </p>
<p>Foster&#8217;s system, dubbed <em>Shaxicon</em> in his 1995 article, works from similarities, such as the use of the words &#8220;who&#8221; and &#8220;whom&#8221; in reference to inanimate objects, to maintain that Shakespeare was the author of &#8220;Elegy.&#8221; However, in a 1997 article, his fellow orthodox scholar Prof. Elliott questioned whether Foster&#8217;s use of &#8220;rare words and quirks&#8221; constituted sufficient proof. Further, Elliott prefers to emphasize elements that exclude Shakespeare&#8217;s authorship, rather than Foster&#8217;s elements, which are inclusive of it. Clearly Foster&#8217;s system is not &#8220;unassailable.&#8221; </p>
<p>The debate over whether Austin&#8217;s, Elliott&#8217;s, or Foster&#8217;s systems are acceptable rages on, with many scholars, orthodox or not, left scratching their heads, while publicity and egos have frequently skewed the debate. Foster used Shaxicon in 1996 to evaluate the style in the book Primary Colors by Anonymous, identifiing Joe Klein as the real author at least six months before Klein&#8217;s public confession (a feat which others could have duplicated simply by examining what sorts of things Anonymous appeared to know about the internal workings of the Clinton &#8217;92 campaign). </p>
<p>This raises a general concern for us: If a system&#8217;s creator knows something specific, even subliminally, about the subject being searched for, in many cases the creator can &#8220;tweak&#8221; the system to specifically look for that something. For instance, Joe Klein may have been known to use unusual word contractions or endings also used by Anonymous, which Shaxicon then could conceivably have been tweaked to search out, not necessarily as a normal exercise. This might make the creator look brilliant when the system magically finds the something, but, if presented as a scientific methodology, it may have no more validity than the horse trainer who caused his horse to count to 20 without realizing that the horse was following the unintentional nods of the trainer&#8217;s head with each hoofbeat, so that when the trainer stopped nodding, the horse stopping counting. </p>
<p>Might <em>Shaxicon</em> have been tweaked with regard to its Shakespeare vs. &#8220;Elegy&#8221; evaluation? It is hard to say without detailed examination of the inner workings of Foster&#8217;s system; but one should be skeptical, if only because we know that Foster initially published a proposal of his &#8220;Elegy&#8221; theory in a book, then later created &#8220;Shaxicon,&#8221; which then validated his theory. More than just accurate, a system must be demonstrably objective in order to be &#8220;perfect&#8221; or &#8220;unassailable.&#8221; </p>
<p>Since Foster is the authority <em>du jour</em>, it is worthwhile looking into reasonable non-computer oriented alternatives to his theory about the &#8220;Elegy by W.S.&#8221; We might prefer either of two Oxfordian solutions. The first is the suggestion by Richard Desper in an article in <em>The Elizabethan Review</em> that &#8220;Elegy&#8221; was a youthful product by the Earl of Oxford, written in 1581 as a memorial to the brilliant Jesuit martyr, Edmund Campion. Desper notes that Oxford has often been taken for a closet Catholic, and suggests that the use of the name &#8220;Peter&#8221; is actually a reference to the Catholic Church as the heir to St. Peter. </p>
<p>Desper makes a strong case, one which readers should judge for themselves. Among other things, his theory has the virtue of explaining things that Foster could not, such as the fact that William Peter had not been married for nine years, as is stated in the poem, whereas Campion had been &#8220;married&#8221; to the Church for exactly that number of years when he was executed in 1581. On the other hand, he fails to establish a strong historical relationship between Oxford and Campion (though not surprising if Oxford felt forced to hide his Catholic sympathies). Most problematic is the quality of &#8220;Elegy,&#8221; which many feel is not even up to the Earl of Oxford&#8217;s early standards of poetry, let alone Shakespeare&#8217;s. </p>
<p>A second theory has been posited by Richard Kennedy on the Oxfordian Internet group, Phaeton. Kennedy believes &#8220;Elegy&#8221; was written in 1612 by the leading elegist of that time, John Ford, a known friend of the Peter family. Notably, Kennedy has support from the principal expert on John Ford&#8217;s works, Prof. Leo Stock, also a Shakespeare scholar. Stock has stated in a letter to Kennedy that he would &#8220;unhesitatingly&#8221; ascribe the &#8220;Elegy&#8221; to Ford, and not to Shakespeare, who is not known to have been an elegist at all.</p>
<p>There might be some middle ground between the Desper and Kennedy positions if it can be established that Ford adapted his elegy about William Peter from an earlier lost or anonymous elegy about Campion.<a href="#ref1" id="fn1">[1]</a> A clue to this might be certain key passages that Desper highlights as relating to Campion; if those prove to be poor matches to Ford&#8217;s style, while the rest of the elegy otherwise is shown to be a good match to Ford&#8217;s style, the case for a missing precursor will be supported. Foster&#8217;s failure to use Shaxicon to compare the elegy against Ford&#8217;s style and that of other early 17th-century elegists, and his failure to adequately seek peer review from subject authorities such as Prof. Stock, might be viewed as an unfortunate lack of objectivity and dubious professionalism. A.K. Dewdney&#8217;s 1996 book amusingly chronicles slightly similar vainglorious excesses by proponents of &#8220;Cold Fusion&#8221; and other absurd departures from the scientific method. </p>
<p>At the moment, Foster&#8217;s Shaxicon has edged to the front in the overall challenge to unlock the secrets of authorship, but for him to claim the prize, he will have to deal with the questions and suggestions of other scholars that haven&#8217;t been dealt with, including those of Oxfordians such as Desper and Kennedy.</p>
<p>Perhaps the Holy Grail of systems will never be achieved, one that is &#8220;objective,&#8221; &#8220;perfect,&#8221; or &#8220;unassailable,&#8221; but there are ways to make these computer systems more objective, less biased by their creators&#8217; prejudices and less subject to being tweaked to get results satisfying their creators&#8217; pet theories. One approach might be to more rigorously adopt an Expert System approach, and it would not be giving away too much to point out that Austin&#8217;s, Elliott&#8217;s, and Foster&#8217;s systems can be characterized as nothing more than primitive, marginally successful examples of expert systems, though certainly they are brave pioneers! </p>
<p>Decision-paths and knowledge are required for a human expert to do something that we would normally associate with human intelligence. Included in these are applications requiring &#8220;interpretation, prediction, diagnosis, design, planning, monitoring, debugging, repair, instruction, or control&#8221; (Turban 92-93). Moreover, an expert system &#8220;employs human knowledge captured in a computer to solve problems that ordinarily require human expertise&#8221; and will &#8220;imitate the reasoning processes experts use to solve specific problems&#8221; (74). </p>
<p>Most chess programs are expert systems, with large databases of rules, strategies, stored positions, computational routines, all of which rely on raw computing power to &#8220;look&#8221; ahead many moves into the game in order to select the best moves. Notably, chess programs rarely have a &#8220;learning&#8221; capability, which means that if one defeats the program today by use of a particular strategic line, one will likely be able to do so indefinitely with the same line. The basic reason why World Chess Champion Gary Kasparov appeared to explode in an unsportsman-like way after his famous loss to &#8220;Deep Blue&#8221; in 1997, was that he felt that somehow the IBM team had tweaked Blue into the ability to exploit Kasparov&#8217;s personal weaknesses; that they had managed to cover up specific program flaws, but that overall the program was still weaker than was claimed. The refusal of the IBM team to consent to a rematch or to allow wider examination of their system, and the close consultancy with that team by Chess Grandmaster Joel Benjamin, have led some to wonder if Kasparov might have been right to be upset. But the machine-beats-man syndrome captured the public attention; again perhaps more than it should have.<a href="#ref2" id="fn2">[2]</a></p>
<p>So, if it is reasonable to expect human expertise to be able to pick out so-called &#8220;weak endings&#8221; {sometimes referred to as &#8220;feminine endings&#8221;} from Shakespeare&#8217;s plays and to tally those, certainly we can set up an expert system to do just that, and more besides. That is because an expert system can do boring, error-prone operations far faster and more consistently than a human can, assuming it is programmed properly. But what if weak endings really aren&#8217;t normal expertise; what if they are counter-intuitive? What if they are contrived criteria amounting to no more than a tweaking of the system to find something its creator already has biases and preconceived conclusions about? What if our expert system is merely a reflection of its creator&#8217;s mind? We&#8217;d be using our expert system to do things faster and come to more conclusions in a given time frame, but would they be better conclusions or, once again, just &#8220;garbage-in-garbage-out&#8221;? </p>
<p>Clearly, one disadvantage of expert systems is that they will always reflect the lapses, biases, preferences, and mistakes of the &#8220;experts&#8221; who constructed them. And given the heated debates surrounding all aspects of the Shakespeare authorship question, there are biases aplenty. The best hope for expert systems is that their creators will be adaptive and reasonable in use of outside criteria to objectively evaluate their results, employ wide peer review of their methods, and make appropriate modifications to iteratively and progressively render their systems more &#8220;objective,&#8221; &#8220;perfect&#8221; and &#8220;unassailable.&#8221; </p>
<p>Neural networks may be a significant improvement over expert systems in years to come. Neural networks are pattern-recognition programs that can be &#8220;taught&#8221; by trial and error to pick out correct patterns. With each wrong answer the program gets adjusted in a systematic way that can lead eventually to nearly flawless performance. Note that &#8220;systematic adjustments&#8221; are different from what I&#8217;ve been calling &#8220;tweaking,&#8221; because the former has been built into the system as part of the rules, whereas tweaking, or adjusting for a particular task based on what&#8217;s known about it, is really no better than cheating. </p>
<p>This &#8220;teaching&#8221; process found in neural networks deliberately mimics the biological function of the human brain in learning (Turban 621, 624), such as when a child is trained by a reward and deprivation strategy to pick out various patterns in learning the alphabet. The child&#8217;s brain is full of neurons and neural pathways that enable it to use trial and error to eventually distinguish the pattern. </p>
<p>Current applications for neural network include stock market-trading predicting for Mutual Funds, diagnosing diseases, identifying types of cars and airplanes, classifying galaxies by shape, spotting fake antique furniture, and deciding which customers will be good credit risks, among a number of others (Ripley 1,2). The newest fad in database management systems is &#8220;Data Mining,&#8221; which has at its core one or more neural network applications, the purpose of which is to assist a company in discovering hidden uses for its stored data. If Deep Blue was all that has been claimed for it, then it is very likely that it had a neural network component to help it learn from its experiences.<a href="#ref3" id="fn3">[3]</a> </p>
<p>Typically, a neural network is taught by running it through 90% of a data sample and doing thousands of &#8220;corrections&#8221; to multiple layers of decision paths designed into the program. Then the neural network is &#8220;self-validated&#8221; by running it against the remaining 10% of the sample. One key distinction between a neural network and an expert system (and a human &#8220;expert&#8221; for that matter): the former can be self-validated in such a way that any objective observer would be able to accept that its remarkable results are unbiased, accurate, and reflective of reality, not some human&#8217;s prejudicial tweaking, whereas the latter is always subject to errors and biases. </p>
<p>Indeed, neural networks are already being used for &#8220;stylometrics&#8221; purposes, albeit with mixed results. Strides are being made by Bradley Kjell, through use of neural networks to nail down identifications in such well-established literary material as the &#8220;Federalist Papers.&#8221; Another pioneer is Thomas V. N. Merriam, who has authored and co-authored a number of articles listed in our &#8216;Bibliography&#8217; section, dealing with use of neural networks for evaluating Shakespeare vs. Fletcher or Shakespeare vs. Marlowe, but notably no attempt has been yet made to have a more complex comparison, such as Shakespeare, Fletcher, and Marlowe vs. each other. Merriam claimed to have identified works that were collaborations between Shakespeare and others, or to which Shakespeare had contributed. </p>
<p>As always with neural networks, the crux of the exercise lies first in how to teach the program and second in how to interpret the results. For instance, Merriam seems to have used one set of criteria for evaluating Fletcher and another for Marlowe (might this be akin to tweaking?). Then there is the underlying matter of dating the works, and with that the feasibility of the alleged collaborations being assumed (this factor will be discussed in more detail in Part II, where it will be shown that use of stylometrics to assign dates to works, followed by using the relative timing of works to evaluate stylometrics is &#8220;circular reasoning&#8221; fraught with error!). For instance, if the current trend continues in orthodox circles to accept earlier dating of Shakespeare&#8217;s works than had been established by such pillars as E.K. Chambers, then it is no longer likely that Shakespeare and Fletcher were creative contemporaries, an assumption which underlies much of Merriam&#8217;s reasoning (Matthews, New Science 27). </p>
<p>We may also be of the opinion that Merriam&#8217;s long-term approach is flawed, since he seems bent on piecemeal analysis of peripheral issues (such as whether Shakespeare had a hand in <em>Edward III</em>) when he should be first consolidating the full potential of the self-verification capability of neural networks for the whole of 16th and early 17th century literature in noncontroversial identifications before proceeding to the fringe areas where identifications are hotly debated. In short, Merriam risks discrediting neural networks over these peripheral issues before their wider potential has been fundamentally established. For instance, as critic M.W.A. Smith is paraphrased as having said in the 1995 British Humanities Index item 5546, with regard to Merriam&#8217;s peripheral investigations: &#8220;For more than a decade Merriam has been trying to impress on sceptical scholars that his stylometry has revealed that the conventional ascription of &#8216;Sir Thomas More&#8217; to Munday is wrong, and that most of the play is by Shakespeare. [Smith's] critical review &#8220;&#8230; indicates that much needs to be corrected and reworked before a serious literary reassessment would be warranted.&#8221; </p>
<p>The most important task, in this author&#8217;s view, is to evaluate the styles of a much wider mix of 16th, 17th century authors using neural network comparisons; beyond only Shakespeare vs. one-at-a-time, we should evaluate him against a much broader mix of his era. Once we have this broader base of comparison (Jonson vs. Nashe, Watson vs. Munday, Greene vs. Chettle, de Vere vs. Sidney, Raleigh vs. Spenser, Lyly vs. Shakespeare, and each in this list with each other) to add to the basic non-controversial Shakespeare comparisons, only then can we begin to press the envelope into the peripheral areas where the Shakespeare authorship question dwells.</p>
<p>Results of certain neural network applications may conceivably be made admissible in legal matters someday. One such application might be DNA analysis, in which case one can imagine exhaustive, lawyerly probes into how well &#8220;educated&#8221; the application was, and about interpretation of the results, which, again, revolves around the human element in the process and its varying degrees of reliability. But in court the results from the Neural Network process itself will probably remain &#8220;unassailable.&#8221; </p>
<p>Another key distinction is this: Just because a neural network solves a problem doesn&#8217;t mean that we can define with precision how it arrived at the solution. This is similar to human pattern recognition, too. As Ripley says: One characteristic of human pattern recognition is that it is mainly learnt. We cannot describe the rules we use to recognize a particular face, and will probably be unable to describe it well enough for anyone else to use the description for recognition. On the other hand, botanists can give the rules they use to identify flowering plants. </p>
<p>Similarly, when you are shown a paper with dots apparently randomly scattered on it, statisticians might try to fit a &#8220;regression analysis&#8221; linear function to the dots to attempt to come as close as possible to describing the distribution mathematically, but the straight line of a regression analysis is only an approximation of the real-life distribution of the dots, which may be much closer to a squiggly line. Astoundingly, after enough trials and errors the neural network can actually arrive &#8220;by accident&#8221; at a high-level function describing a complex curve that matches the distribution of the dots far more accurately than statistical regression analysis can. Yet the function of the curve will only be simulated, not defined in a precise mathematical way.</p>
<p>The most valuable aspect of neural networks may be the frequently unexpected nature of their results. A well-established neural network can actually work within the rules to yield results that its human &#8220;teachers&#8221; did not foresee; it may &#8220;think outside of the paradigm&#8221; in ways that might almost be seen as creative. In effect, it may teach the teachers, in the way that data mining can be used to show novel ways for a company to reconnect its data pathways and interpersonal communications. So, from a neural network we may expect to learn things we didn&#8217;t expect to know about Shakespeare&#8217;s stylistic patterns. </p>
<p>While neural networks may show more long-term promise, expert systems still have one useful characteristic, as mentioned above: They can perform repetitive, boring tasks rapidly with few human-style errors. Because of this, this article proposes that an expert system be used to assist in selecting a random but educated sample of lines and phrases from Shakespeare and other Elizabethan and early 17th century authors, and to build a database with which to teach an appropriately designed neural network (let&#8217;s call it Cyber-Bard). This process is not trivial and could be expensive. Moreover, even among orthodox scholars there remains great debate over exactly which plays and parts of plays Shakespeare wrote, and which were written by others with whom he may have collaborated or from whom he may have &#8220;stolen.&#8221; Still, in spite of the limitations of expert systems, if objectivity can be scrupulously maintained, they can be very useful in speeding up those things that can be automated, and they may also help to impose a discipline and deeper thinking onto the process than that would normally be required for alternative human-hands-only processes. </p>
<p>After Cyber-Bard has been taught with a high success rate to distinguish Shakespeare&#8217;s lines from other authors&#8217; lines, and has been self-validated, then it can be used for purposes related to the Shakespeare authorship question. The first task would be to run Cyber-Bard against representative samples of authors whose works span from the 1570s to 1630s to determine which of the authors get the highest match-rate scores against the pattern(s) recognized for Shakespeare. In fact  we might wish also to consider checking out even earlier authors in order not to overlook early Elizabethan poets and playwrights such as Sackville, Norton, or the Earl of Surrey, from whom Shakespeare conceivably could have borrowed. Then Cyber-Bard can be run against Shakespeare&#8217;s own works to determine which sections might better correspond to other authors&#8217; match-rate scores. These might support any theories that those Shakespeare sections reflect the styles of other authors and give us clues to further research and applications. </p>
<p>Ultimately, Cyber-Bard could be run against the vast body of anonymous and pen-named literature that has come down to us from that era. In this way, works now entirely unattributed to any known author may be identified as probably by a given author who chose to remain anonymous, and good matches might be added to the Shakespeare canon as probable additional works by him.<br />
Touching on this, did Shakespeare suddenly appear from rural Warwickshire in about 1590, with a distinctive Warwickshire dialect (see Miller, Vol. II, 285)? More than just an accent, a dialect involves altogether different sets of nouns, verbs, idioms, and syntax to an extent where often the speaker cannot be easily understood by someone from a neighboring district. And then, only three years later, did he start writing polished poetry in an upper-class London dialect that we identify as Shakespearean? Or is it more likely that there is a body of earlier works by Shakespeare, which we might term &#8220;immature Shakespeare,&#8221; works which are seen as anonymous or incorrectly attributed to a variety of other, lesser writers? Cyber-Bard may be able to help us answer exciting questions like these! </p>
<p>In criticizing neural networks, A.K. Dewdney, in his very entertaining and educational 1997 book, felt that there was too much hype surrounding them back in the 1970-80s and that their promise has come up short. Still, the memory-management and other architectural advancements needed to improve upon the original approaches to neural networks are actually advancing all the time, with decreasing costs as well, and are likely to improve for the foreseeable future. The probability is that the problems cited by Dewdney will simply evaporate in the light of micro-miniaturization, parallel architectures, and other developing concepts. </p>
<p>In fact, neural networks appear to be literally the wave of the future. Bauer&#8217;s 1998 article states that &#8220;neural networks are making a comeback,&#8221; and lists the following applications where we might find them in the near future, if not already here: medicine, banking, astronomy, enhanced Internet search engines, &#8220;fuzzy logic,&#8221; genetic algorithms, developing legal strategies, analyzing real estate markets, modeling power outages, developing models that predict the size of the catch for Atlantic fisheries, finance, insurance, target marketing, voice recognition, optical character recognition, digital control systems for factory automation, customer relationship management, and monitoring events on a transaction basis. He even mentioned &#8220;Jeff Zeanah, a consultant whose Atlanta, GA, based company, Z. Solutions LLC, offers a neural network boot camp.&#8221; So, can we all hope to send our teenagers off to camp to return as neural network gurus? Maybe yes, since Bauer concludes: </p>
<blockquote><p>Montgomery [an earlier-quoted expert] points out that with today&#8217;s sophisticated neural network tools, &#8220;The user doesn&#8217;t have to have any knowledge of neural networks. Anybody that wants to can do advanced modeling.&#8221; Experts agree that this factor alone will contribute significantly to market growth for neural networks. What&#8217;s more, Montgomery believes that most technical professionals could pick up neural networking without much difficulty. &#8220;Give me a good software programmer or engineer, and I can teach them the modeling,&#8221; he said. However, he adds that to be successful, they also need functional knowledge of the business where the software is used, as well as some &#8220;statistical common sense.&#8221; </p></blockquote>
<p>Let us venture to predict that within the next decade we will see the hardware and software required for something approximating Cyber-Bard and so may actually begin to see some solutions to the complex Shakespeare authorship question. Of course, that still says nothing about the accuracy of the assumptions with which the material is chosen for educating and validating the program; nor the validity of the interpretation of any results. Nevertheless, the hope remains strong that such problems can be worked through to the satisfaction of most reasonable scholars, with the hoped-for result that almost anyone will be able to rerun the program and verify the results without having to resort to &#8220;expert opinion.&#8221; </p>
<p>It&#8217;s exciting to think of what can be accomplished in stylistic discrimination by objective application of expert systems and neural networks. But shall we allow these emerging tools of the Shakespeare authorship question to be left exclusively in the hands of those whose careers, academic tenure, self-esteem, and funding depend upon linkage to orthodox precepts and results? Or shall we forthrightly establish our own paradigm and do it the way it should be done? Are there open-minded scholars or an organization willing to back such scholars with the means, the faith, and the motivation necessary to fund such a project? This will be the Oxfordian challenge for the new millennium!<a href="#ref4" id="fn4">[4]</a> </p>
<p><h4>[Author's Updates: July 2011]</h4>
</p>
<ol>
<div id="footnote">
<li id="ref1">In 2002, Foster succumbed to his critics by agreeing that “Elegy” had not been written by Shakespeare and that he had erred in not considering Ford to have been its author.  He said simply that he didn’t know why his Shaxicon system had identified it as a work of the Bard.  But this 1998 article had predicted that he had not likely managed to divorce his preconceived notions from objective criterion for his system.<a href="#fn1">&#8657;</a></li>
<li id="ref2">Since the publication of this article in 1998, great advances have been made in “Expert System” Chess programs for personal computers.  Grand Master level programs can be purchased for under $200, such as the “Fritz” product.  Such products are routinely used for preparation and analysis by top players, and professional commentary on games are now often supplemented by notes like, “Fritz suggests &#8230;,” as if Fritz were another Grand Master of consummate skill.  Of course the software has improved, but the greatest improvement has been in the hardware and memory improvements, allowing the computer to compute dozens of “plies” (or half-moves) deep in a matter of seconds, and do a much more accurate evaluation of who is winning in each possible position.  Some players lament that “the Game of Kings” is essentially “dead” because computers have increasingly removed genius, intuition, and mystery.  For most other players Chess is, after all, still “just a game!”<a href="#fn2">&#8657;</a></li>
<li id="ref3">Readers will have heard of the 2011 competition between IBM’s “Watson” system and 3 of the highest earning “Jeopardy” champions on TV.  The “Watson” system is a neural networks application which learns from its errors and from a database of opponents’ right answers, plus a database of “facts” and web-searches relevant to the task of playing the game.  It was most remarkable in its ability to understand spoken questions and to give human-like oral answers.  As with Chess programs, this is a specialty application which has limited utility beyond its intended purpose&#8212except that it illustrates very solidly what the power and potential of neural networks will be in the near future.<a href="#fn3">&#8657;</a></li>
<li id="ref4">In 2001 I was preparing an article on this subject in collaboration with Professor Lew Gilstrap, a pioneer in neural networks for military applications, who was a fellow adjunct professor with me at Johns Hopkins University Graduate School.  In a proposal to set up the Cyber-Bard system described here, we applied for a $25,000 grant from Ambassador Nitze’s foundation, but got no reply, and the ambassador died a few years later. Unfortunately, I’ve now lost contact with Lew, believing him to be deceased.<a href="#fn4">&#8657;</a></li>
</ol>
</div>
<h4>Bibliography</h4>
<p>Austin, Warren B. &#8220;A Computer-aided Technique for Stylistic Discrimination: The Authorship of &#8216;Greene&#8217;s Groatsworth of Wit&#8217;.&#8221; U.S. Dept. of HEW. Washington, DC: 1969.<br />
&#8212;&#8212;&#8212;&#8221;Groatsworth and Shake-scene.&#8221; <em>The Shakespeare Newsletter</em> Spring (1992).<br />
Bentley, Gerald E. <em>Shakespeare: A Biographical Handbook</em>. New Haven: Yale UP. 1961. Bauer, Claud J. &#8220;Neural Networks Are Making a Comeback.&#8221; <em>The Washington Post High Tech Careers Advertising Supplement</em>. 12 July 1998. Clark, Eva Turner. <em>Hidden Al lusions in Shakespeare&#8217;s Plays: A Study of the Early Court Revels and Personalities of the &#8216;Times</em>. 1930. Ed. Ruth Loyd Miller. New York: Kennikat Press: 1974.<br />
Crain, Caleb. &#8220;The Bard&#8217;s Fingerprints.&#8221; <em>Lingua Franca</em> . July/August (1998): 29&#8211;39.<br />
Desper, Richard. &#8220;An Alternate Solution to the Funeral Elegy.&#8221; <em>The Elizabethan Review</em>. 5.2(1997): 79&#8211;82.<br />
Dewdney, A. K. <em>Yes, We Have No Neutrons</em>. New York: John Wiley. 1996. 79&#8211;97.<br />
Elliott, Ward and Robert Valenza. &#8220;Computers and the Oxford Candidacy: A Response to Peter Moore&#8217;s Critique of The Shakespeare Clinic.&#8221; Unpublished distribution. October 1990.<br />
&#8212;&#8212;&#8212;&#8221;Was the Earl of Oxford the True Shakespeare? A Computer-Aided Analysis.&#8221; <em>Notes and Queries</em> 38.4 (1991): 501&#8211;6.<br />
&#8212;&#8212;&#8212;&#8221;And Then There Were None: Winnowing the Shakespeare Claimants.&#8221; <em>Computers and the Humanities</em>. 6 (1996): 191(&#8211;245.<br />
&#8212;&#8212;&#8212;&#8221;Glass Slippers and Seven-League Boots Prompted Doubts About Ascribing &#8216;A Funeral Elegy&#8217; and &#8216;A Lover&#8217;s Complaint&#8217; to Shakespeare.&#8221; <em>Shakespeare Quarterly</em>. 48.2 (1997): 177&#8211;206.<br />
Foster, Donald. &#8220;Elegy&#8221; by W.S.: A Study in Attribution. Cranbury, NJ: AUP, 1989.<br />
&#8212;&#8212;&#8212;&#8221;Shaxicon 1995.&#8221; <em>The Shakespeare Oxford Newsletter</em>. 45 (1995), p. 2.<br />
Fowler, William Plumer. <em>Shakespeare Revealed in Oxford&#8217;s Letters</em>. Portsmouth, NH: Peter E. Randall, 1986.<br />
Frazer, Winifred. <em>Notes &#038; Queries</em>. 38 (old 236).1 (1991): 34&#8211;35.<br />
Gerrard, Ernest A. <em>Elizabethan Drama and Dramatists</em> 1583&#8211;1603. Oxford: Oxford Up, 1928.<br />
Hess, W. Ron. &#8220;Robert Greene&#8217;s Wit Re-evaluated.&#8221; <em>The Elizabethan Review</em>. 4.2 (1992): 41&#8211;48. Kjell, Bradley. &#8220;Authorship Determination Using Letter Pair Frequency Features with Neural Network<br />
Classifiers.&#8221; <em>Literary &#038; Linguistic Computing</em>. 9.2 (1994): 119&#8211;124.<br />
Ledger, Gerard and Thomas Merriam. &#8220;Shakespeare, Fletcher, and the Two Noble Kinsmen. <em>Literary &#038; Linguistic Computing</em>. 9.3 (1994): 235&#8211;248.<br />
Matthews, Robert and Thomas Merriam. &#8220;A Bard by Any Other Name.&#8221; <em>New Scientist</em>. 141.1909 (1994): 23&#8211;27.<br />
&#8212;&#8212;&#8212;&#8221;Neural Computation in Stylometry I: An Application to the Works of Shakespeare and Fletcher.&#8221; <em>Literary &#038; Linguistic Computing</em>. 8,4 (1993): 203&#8211;209.<br />
&#8212;&#8212;&#8212;&#8221;Neural Computation in Stylometry II: An Application to the Works of Shakespeare and Marlowe.&#8221; <em>Literary &#038; Linguistic Computing</em>. 9.1 (1994): 16.<br />
McCrum, Robert, William Cran, and Robin McNeil. <em>The Story of English</em>. New York: Viking, 1986. Merriam, T.V.N. &#8220;Marlowe&#8217;s Hand in Edward II.&#8221; <em>Literary &#038; Linguistic Computing</em>. 8.2 (1993): 59&#8211;72.<br />
Michell, John. <em>Who Wrote Shakespeare?</em> New York: Thames and Hudson, 1996.<br />
Miller, Ruth, and J. Thomas Looney. Shakespeare Identified in Edward de Vere, the Seventeenth Earl of Oxford. 3rd Edition. 1920. Jennings, LA: Minos, 1975.<br />
Moore, Peter R. &#8220;Claremont McKenna College&#8217;s Shakespeare Clinic.&#8221; <em>The Shakespeare Oxford Newsletter</em>. 26A.3 (1990): 7&#8211;10.<br />
Ripley, B.D. <em>Pattern Recognition and Neural Networks</em>. Cambridge: Cambridge UP, 1996.<br />
Rushton, William L. <em>Shakespeare&#8217;s Euphuism</em>. 1871. London: Folcroft Library, 1973.<br />
Sobran, Joseph. &#8220;The Problem of the Funeral Elegy.&#8221; <em>The Shakespeare Oxford Newsletter</em>. 1996, 32.1, (1996): 1, 8&#8211;10.<br />
Turban, Efraim and Louis E. Frenzell Jr . <em>Expert Systems and Applied Artificial Intelligence</em>. New York: MacMillan, 1992. </p>
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		<title>William Byrd&#8217;s &#8220;Battle&#8221; and the Earl of Oxford</title>
		<link>http://www.shakespeare-oxford.com/?p=908</link>
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		<pubDate>Sun, 12 Jun 2011 17:12:01 +0000</pubDate>
		<dc:creator>Smiley</dc:creator>
				<category><![CDATA[The Oxfordian]]></category>

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		<description><![CDATA[by Sally Mosher Among close to three hundred pieces contained in the most famous keyboard manuscript of the English Renaissance, now known as The Fitzwilliam Virginal Book, is William Byrd&apos;s &#8220;The Earl of Oxford March&#8221; (Fitzwilliam II 402). The Oxford March has become well known to present day early music enthusiasts, and apparently was well [...]]]></description>
			<content:encoded><![CDATA[<h4>by Sally Mosher</h4>
<hr />
<p>Among close to three hundred pieces contained in the most famous keyboard manuscript of the English Renaissance, now known as <em>The Fitzwilliam Virginal Book</em>, is William Byrd&apos;s &#8220;The Earl of Oxford March&#8221; (<em>Fitzwilliam</em> II 402). The Oxford March has become well known to present day early music enthusiasts, and apparently was well known at the beginning of its life as well (Musica Britannica II 207). The most beautiful and best-preserved surviving manuscript of keyboard music from the period, <em>My Lady Nevell&apos;s Book of 1591</em>, includes it under the title &#8220;The March Before the Battle,&#8221; where it precedes and sets the mood for a group of nine individual sections called &#8220;The Battle&#8221; (Nevell 15). In Thomas Morley&apos;s <em>The First Book of Consort Lessons of 1599</em>, an unsigned, truncated version of the march, arranged for a mixed group of instruments, appears as &#8220;My Lord of Oxenfords Maske&#8221; (Morley 134). Anthony Munday&apos;s 1588 <em>A banquet of daintie Conceits</em>, a collection of his lyrics for various well-known tunes, contains verses to be sung to a melody he describes as &#8220;a gallant note&#8221; called the &#8220;Earle of Oxenford&apos;s March&#8221; (Munday 227).</p>
<p>Circumstances surrounding the Oxford March and the battle pieces suggest an association of at least ten years between the Seventeenth Earl of Oxford and William Byrd.</p>
<p>William Byrd (c. 1540&ensp;1623) is considered the greatest composer of the English Renaissance, and perhaps of the entire Renaissance. A fine singer and keyboard performer as well, Byrd was eager to rise in the world, and in this he was aided by influential patrons, including Queen Elizabeth and the Earl of Oxford. He was a devout Catholic, and was officially named as a &#8220;recusant&#8221; a number of times, but nonetheless he continually escaped any serious consequences for openly professing his religion.</p>
<p>Byrd was born in London sometime between October 1539 and the end of September 1540, one of the seven children of Thomas and Margery Byrd (Harley, <em>Byrd</em> 4). By 1572, he was employed full time as a Gentleman of the Chapel Royal, the group of about twenty-four male singers and organists charged with providing church music for the royal household, who remained with the Queen as part of her entourage as she travelled from palace to palace. Byrd was a protégé of the noted composer Thomas Tallis, with whom he shared royal patronage, beginning in 1575 with an exclusive 21-year patent for printing music, and continuing with shared authorship of a book of sacred songs dedicated to the Queen. Throughout his active life, Byrd composed more than 500 works for diverse instruments and voices, ranging from short simple pieces to large works of great complexity.</p>
<p>Byrd was successful right from the beginning. His ambitions to own a country estate were realized by the early 90&apos;s when he moved to a manor at Stonden Massey in Essex, near some of his most important patrons, the Petre family of Thorndon and Ingatestone Halls (Bennett 129). This desire to acquire property involved him in at least six property-based lawsuits throughout his life, one lasting about twelve years. Nor was he unwilling to complain openly or become involved in disputes outside the courtroom. For example, when the music patent he shared with Thomas Tallis was not bringing in enough money for them, Byrd complained to the Queen, who then granted him a lease on a lucrative manor in Gloucestershire (Kerman 539).</p>
<p>Byrd was brave enough to write letters defending fellow Catholics and openly to publish Catholic sacred music as well as the Protestant music required by his job (Kerman 543). His lifelong patron Queen Elizabeth described him as &#8220;a stiff Papist and a good subject,&#8221; and he never suffered more than a moderate fine for the profession of his faith (Byrd, Nevell iii). Interestingly, it appears that the rest of Byrd&apos;s family was Protestant, which, as can be determined through written records, did not prevent him from remaining on good terms with them (Harley, <em>Byrd</em> 67).</p>
<p>Edward de Vere (1550&#8211;1604), acknowledged by students of the period as an accomplished courtier poet, gifted musician, and generous patron of writers and musicians, also got off to a notably successful start. In the early 1570&apos;s, for a brief while he appeared to be Queen Elizabeth&apos;s chief favorite at Court. The son of the Earl and Countess of Shrewsbury (the redoubtable Bess of Hardwick) observed in a letter to his father: &#8220;the Queen&apos;s Majesty delighteth more in his personage and his dancing and valiantness than any other&#8221; (Hibbert 126).</p>
<p>It is from this early period that we see the first indication of Oxford&apos;s patronage of Byrd, the grant in 1573 of a lease for 31 years (either through gift, or sale on favorable terms) of an Essex manor property variously called Battyshall, Battylshall, Battelshall or Batayles, to take effect at the death of Oxford&apos;s uncle Aubrey de Vere (Harley, Byrd 54). When Aubrey died in 1580, Byrd was sued by a man who claimed that Byrd had granted the lease to him, while Byrd claimed he had guaranteed it to his brother, John Byrd (Fellowes 4). Byrd lost in court and could have faced financial ruin if Oxford had not intervened by selling the manor to his brother (Harley, Byrd 84). This suggests that Byrd and Oxford remained on good terms throughout the 1570&apos;s and early 80&apos;s.</p>
<p>Was this the time that the march and battle pieces were composed? Although there are many musical indications that the pieces were not originally intended to be grouped together, they might nonetheless have been written separately around the same time. That their first known appearance is in the 1591 <em>My Lady Nevell&apos;s Book</em> virginal manuscript is certainly no reason to assume a composition date in the late 80&apos;s for either work, since both internal and external evidence indicate that the forty-two pieces included in Nevell cover a span of as much as twenty-five years (Neighbour 259). Further, they may well have appeared in a number of earlier manuscripts, now lost.</p>
<p>Byrd may have composed the march in honor of Oxford, either in response to a specific request or in gratitude for his patronage. It is dashing and military in character, and many of the passages sound like trumpet calls or drum beats. It is, indeed, almost onomatopoetic in its recreation of trumpet and drum sounds.</p>
<p>Like most of his fellow peers, Oxford was trained for commanding troops in the front lines, and it may have been through his jousting skills that he first rose to favor, by excelling in the tournaments that were considered a training ground for real battle by the Court community. Machiavelli&apos;s 1521 treatise <em>The Art of War</em>, written for his patron Lorenzo de&apos; Medici, discusses the use of trumpet calls and drum beats for communication among the troops during battle, as well as to rouse their spirits and to frighten the enemy. Music has been used in battle since well before the time of Alexander the Great; it is mentioned in Homer. Alexander&apos;s favorite musical mode, the Phrygian, supposedly so arroused him that he would reach for his weapons whenever he heard it (Machiavelli 647).</p>
<p>The custom at all Renaissance Courts was to announce the entrance of high-ranking persons by playing a brief flourish on the trumpet and drums, known as a &#8220;tucket&#8221; (Randel 882). Such musical identifications were part of a system that identified persons of rank by the style and colors of their livery, the &#8220;badge&#8221; worn on the sleeve of the livery, as well as their crest, impressa and various mottos. The Shakespeare plays are full of tuckets (see <em>King Lear</em>, <em>Henry V</em>, <em>Henry VIII</em>, et aI). In <em>Othello</em>, when Iago hears &#8220;Othello&apos;s trumpets,&#8221; it means that he recognizes Othello by his &#8220;tucket.&#8221; The brief and open-ended tune that introduces Oxford&apos;s march has all the earmarks of this kind of semi-military identification.</p>
<table border="0" cellspacing="0" cellpadding="7" width="300" align="left">
<caption>
<p style="text-align: left;">
<h4><em>The Battle Suite</em> by William Byrd: </p>
</caption>
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<th>
<p style="text-align: left;">
1) <em>The March before the Battle</p>
<p>2) The Battle</p>
<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;The soldiers summons<br />
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;The march of the footmen<br />
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;The march of horsemen<br />
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;The trumpets<br />
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;The Irish march<br />
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;The bagpipe and the drone<br />
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;The flute and the drum<br />
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;The march to the fight<br />
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;The retreat</em></p>
<p>Three other sections of doubtful<br /> attribution are included in the cited<br /> edition because they appear in another<br /> ms. of the period as part of <em>The Battle</em>:</p>
<p><em>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;The burying of the dead<br />
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;The morris [dance]<br />
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;The soldiers dance</p>
<p>3) The Galliard for the Victory</em>
</p>
</th>
</tr>
</table>
<p>In dedicating his <em>The First Set of English Madrigals</em> to Oxford in 1999, the composer John Farmer states that &#8220;using this science as a recreation, your Lordship has over-gone most of them that make it a profession&#8221; (Chiljan 95). Thus, Oxford himself could well have written his own tucket, with Byrd later devising an elaborate march around it.</p>
<p>The nine sections of &#8220;The Battle&#8221; are highly descriptive, rhythmically compelling and even more military than the march. The Englishman Francis Markham in 1622 published a treatise describing English military practices for the preceding century, this being the first written record with names and descriptions of various musical signals. The army used drums for the infantry and trumpets for the cavalry (Markham 36). There is, unfortunately, no musical notation for military melodies or rhythms in the treatise. I suggest that many of the passages in the &#8220;Oxford March&#8221; and &#8220;The Battle&#8221; that sound like drum beats or trumpet calls may be in fact real military calls.</p>
<p>In the &#8220;March to the Fight,&#8221; the words &#8220;tantara tan&apos; tara&#8221; are written in the manuscript above one passage that certainly sounds like a trumpet call, and later the words &#8220;The battles be joined&#8221; appear over a passage that sounds like the insistent drum beat played when the infantry finally begins its charge (Byrd, Nevell 35, 36). Oxford, a veteran of real military action by the time he and Byrd met, would have known the military calls in use and could have supplied them to Byrd. Others among Byrd&apos;s noble patrons could also have supplied them; or Byrd might have heard them himself at tournament practices.</p>
<p><em>Nevell</em> is the only surviving manuscript that presents the entire battle suite, concluding with &#8220;The Galliard for the Victory.&#8221; The galliard may have been written expressly for the manuscript to complete the suite, for it is much more complex and sophisticated than either the march or the nine battle sections. Further, there are no &#8220;calls&#8221; or military themes. Like the march, it is in G major (while &#8220;The Battle&#8221; is in C) and thus taken together with the march gives the suite as a whole a kind of symmetry.</p>
<p>By the 17th century, battle pieces had become a popular genre, so Byrd can be said to have launched a new keyboard genre in addition to composing the first English keyboard suite. All in C major, sections of &#8220;The Battle&#8221; are harmonically very simple; for the most part they alternate between the tonic and the dominant, using no more than a handful of chords. Like the march, they often suggest trumpets and drums, but they also quite successfully suggest the sounds of soldiers marching, of horses walking or running, of flutes, drones and bagpipes. Their presence in a number of later manuscripts indicates their popularity well into the 17th century (Byrd, <em>Musica Britannica</em>, II 207). Like the music used for silent films, they certainly seem intended as accompaniment for some sort of theatrical piece portraying military action. </p>
<p>All of these versions of the Earl of Oxford March that have come down to us, however, are arranged for the virginal (except for the short piece in the Morley collection), and in Elizabethan England the virginal was not used for accompaniment, either in the theater or for singers. The virginal was a solo instrument, one that was frequently found in noble households. Queen Elizabeth herself played an Italian virginal, adorned with the Boleyn arms; there are a number of descriptions of her as an excellent player (Williams 66; Somerset 371). If, as Farmer declared, Oxford was close to professional in his musical skill, that skill would imply instrumental proficiency, probably on both lute and keyboard. The likelihood is strong that both Oxford and the Queen would have played these pieces by the composer whom both had patronized.</p>
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<th>
<p style="text-align: left;">Today the word virginal is used only to describe a small harpsichord with one set of strings and a single keyboard (although there are &#8220;double&#8221; virginals, and virginals with two sets of strings), usually enclosed in a rectangular box (Harley, Harpsichord 162). In England, however, well into the 17th century, the word virginal was used to describe all plucked keyboard instruments, including the kidney-shaped instrument that we now call a harpsichord (Ripin 411). Further, despite the association of virginals with Elizabethan England, there wasn&#8217;t a specifically English-designed virginal until 1641, and the last one was built in 1679 (Kottick 46). Thus, all the virginals in England during the reigns of Elizabeth I and James I were made either on the continent or in England using continental designs.</p>
</th>
</tr>
<td>
<img src="http://shakespeare-oxford.com/wp-content/uploads/virginal.jpg" class="alignright" />
</td>
</table>
<p>Singers usually accompanied themselves on the lute, while music for dancing, some vocal accompaniment, and dinner music (there was always music as a back ground for the Queen&apos;s public meals) were provided by groups of instruments known as &#8220;consorts.&#8221; There were two types of consorts. In those called simply &#8220;a consort,&#8221; all the instruments were from the same family: viols, lutes, recorders, etc. In the other, known as &#8220;a broken consort,&#8221; instruments belonging to different families were combined (Ripin 199). When Shakespeare speaks of &#8220;broken music,&#8221; he means a broken consort. &#8220;My Lord of Oxenford&apos;s Maske&#8221; is an arrangement of the Oxford march for a broken consort of lutes, viols and flute (Morley 134).</p>
<p> In the smaller towns, on the other hand, music was provided by groups called &#8220;waits,&#8221; which were made up of wind instruments plus singers and dancers, and sometimes strings as well. The name &#8220;waits&#8221; had its origin in the Middle Ages with horn players who were paid to wait on the town parapets, watching the roads, ready to play as soon as they saw someone coming (Randel 930). Most of this music is lively, robust stuff, an amalgam perhaps of Court and countryside.</p>
<p>Music played by both consorts and waits would have been notated with a minimum of effort in a kind of shorthand. While the melodies would have come from well-known songs or dances, drum parts probably depended on the players&apos; own rhythmic sense rather than on any sort of detailed notation, much like the &#8220;lead sheets&#8221; and improvisations of twentieth century jazz. Later, a skilled composer like Byrd might write a keyboard version of some of the more popular pieces, notating it exactly as it was to be played, a common practice at the time by many composers, including Giles Famaby and John Bull, as well as William Byrd.</p>
<p>Trumpets in the 16th century could only play the natural notes of the overtones, that ascending series of higher pitches that sound after a string is plucked or a pipe is blown. In practice, trumpeters focused on just one section of the overtones, the military players doing the larger, lower intervals&#8212;octaves, fifths, fourths, and major thirds, for the most part&#8212;while the smaller, higher-pitched intervals, which were considerably harder to blow, were reserved for the more highly skilled Court players. Queen Elizabeth had a group of sixteen trumpeters in her service under the command of a Sergeant Trumpeter (Borren 342). Like certain fabrics, colors and styles of clothing, high-pitched trumpet playing was considered to be the purview of the aristocracy.</p>
<p>A nobleman when travelling had a trumpeter called a harbinger among his retinue, whose job it was to precede the noble&apos;s train into town, playing flourishes on the trumpet so that the townsfolk could arrange a proper welcome for the Lord, a practice mentioned in <em>The Taming of the Shrew</em>. We know from a note in Burghley&apos;s hand that a harbinger was among the retinue that accompanied the Earl of Oxford in January of 1575 when he set forth on his tour of the Continent (Ward 101). On occasions like this, or on his entry into the lists of the various royal tournaments in which he competed, both in England and on the continent, audiences would become familiar with his tucket and would know who was coming.</p>
<p>The manuscript containing the entire battle suite, opening with the piece we call &#8220;The Earl of Oxford March,&#8221; is known as<em> My Lady Nevell&apos;s Book</em> and was most likely commissioned by one of Byrd&apos;s patrons. The 42 pieces that make up this manuscript were drawn from the previous twenty-five years of his oeuvre; the copyist was John Baldwin, Byrd&apos;s colleague from the Gentlemen of the Chapel Royal, noted for his beautiful music penmanship.</p>
<p>To date, no one knows for sure which &#8220;Lady Nevell&#8221; was the intended recipient, but the present owner of the manuscript, John Henry Guy Nevill, 5th Marquess of Abergavenny, may be her descendent. A member of his family, Edward Nevill, Fifth Baron Abergavenny (probably pronounced A-ber-gen&apos;ny), known as &#8220;the Deaf,&#8221; was supposed to have presented it to Queen Elizabeth I, after which it moved among some private owners until its return in 1668 to the Nevill family. At some later point it again left the Nevill family, appearing in the library of the famed 18th-century music historian Charles Burney and returning to the Abergavenny family by the 1830&apos;s, where it has remained since (Fellowes 197).</p>
<p>Some mystery arises here. Edward Nevill, the deaf Baron Abergavenny, died in 1589, two years before the existing manuscript was copied, so it cannot be he who presented it to Elizabeth. Was it his son, also Edward? His widow, Grisold (Turbet 296)? Or was there another, earlier copy of the manuscript? Did anyone ever present it to Elizabeth?</p>
<p>We know that the Abergavenny Nevill family was Protestant at this time, while most of Byrd&apos;s patrons were Catholics. Could this particular Lady Nevill have been a member of one of the Catholic Nevill families? Byrd is known to have been friendly with a Catholic Nevill family from Cowley in Middlesex county, near where he lived until the early 1590&apos;s (Turbet 296). Further, one of the pieces in <em>Nevell</em> quotes from a well-known Catholic plainsong (&#8220;Salve Regina&#8221;) in honor of the Virgin Mary, making it even less likely that it was compiled for a Protestant patron (Harley, Byrd 259).</p>
<p>&#8220;The March Before the Battle&#8221; in <em>My Lady Nevell&apos;s Book</em> is essentially identical to &#8220;The Earl of Oxford March&#8221; in the <em>Fitzwilliam Virginal Book</em>. While its position introducing &#8220;The Battle&#8221; is the most probable reason for renaming the Oxford March in Nevell, it is worth noting that there had been enmity between the Abergavenny Nevills and the Earl of Oxford&apos;s family. Henry Nevill, Fourth Baron Abergavenny, was seriously reprimanded and &#8220;committed to ward&#8221; (imprisoned) for striking the 16th Earl of Oxford in the Chamber of Presence (Debrett 7). As an Earl, and one with an honorary office (Lord Great Chamberlain), Oxford outranked Baron Abergavenny by two degrees. Although Nevill was pardoned about a month after the incident, the Oxford name might not have been welcome on a manuscript dedicated to any Nevill family member. In addition, Oxford&apos;s loss of votes by the Garter Assembly, beginning in 1590, reveals him to have been in such disfavor with important members of the Court community that even Byrd, who had worked with him and benefitted by his patronage, may have been hesitant to use his name in 1591 (Moore 8,11).</p>
<p>To summarize: William Byrd and the Seventeenth Earl of Oxford were both at the Court of Elizabeth I from about 1572 on, both were involved in activities that provided music for the Court, and during this period Oxford saved Byrd from possible bankruptcy by selling a certain property to Byrd&apos;s brother.</p>
<p>A piece usually known as &#8220;The Earl of Oxford&apos;s March&#8221; has been preserved in at least four versions; thus, it was clearly well-known during the period. Since a number of William Byrd&apos;s keyboard works (including some in <em>My Lady Nevell&apos;s Book</em>) are, like this one, arrangements of well-known tunes, their originality lies in the quality of the keyboard writing.</p>
<p>Oxford was known for his musicianship. He was also a ranking Earl who would have had his own &#8220;tucket,&#8221; or musical signature, to signal his arrival at tournaments and while travel ling. The tune that lies at the heart of &#8220;The Earl of Oxford&apos;s March&#8221; has all the earmarks of such a tucket. In deference to his dreams of martial glory perhaps, or else to provide an entertainment at Court, at some point during their close association William Byrd worked Oxford&apos;s tucket into a musical setting that called up visions of battle. Because of its popularity, Byrd later decided to include it in <em>My Lady Nevell&apos;s Book</em> of 1591.</p>
<p>Nor was this the only piece composed by Byrd and based on something by Oxford, for his musical setting of a poem usually attributed to Oxford, &#8220;If Women Could Be Fair,&#8221; was included in a collection of Byrd&apos;s vocal works published in 1588 (Mosher 35). Since a great many manuscript collections remain unexamined, there may very well be more evidence of their collaboration to discover.</p>
<p>Note: Those who would like to hear &#8220;The Earl of Oxford March&#8221; and &#8220;The Battle&#8221; for themselves can obtain a CD recording through the website: <a href=" http://www.newmixmusic.com/byrd.html"> www.New<b>Mix</b>Music.com</a>. These musical pieces are included on a CD titled <em>William Byrd: Songs.Dances.Battles.Games</em>.</p>
<h4>Bibliography</h4>
<p>Bennett, John. &#8220;Byrd and Jacobean consort music: a look at Richard Mico.&#8221; <em>Byrd Studies</em>. Ed. Alan Brown and Richard Turbet. Cambridge: Cambridge UP, 1992.<br />
Borren, Charles van den. <em>The Sources of Keyboard Music in England</em>. Trans. James E. Matthew. London: William Reeves, 1913.<br />
Byrd, William. <em>The Collected Vocal Works</em>. Vol XII. Ed. Edmund H. Fellowes. London: Steiner &#038; Bell, 1972.<br />
Byrd, William. <em>William Byrd: Keyboard Music</em>. Vols I &#038; II. Musica Britannica. London: Steiner &#038; Bell, 1976.<br />
Byrd, William. <em>My Ladye Nevells Booke of Virginal Music</em>, 1591. Ed. Hilda Andrews. New Introduction Blanche Winnogron. New York: Dover, 1969.<br />
Chiljan, Katherine V., ed. <em>Dedication Letters to the Earl of Oxford</em>. 1994.<br />
Kidd, Charles &#038; David Williamson, eds. Debrett&apos;s Peerage and Baronetage. London: <em>Debretts Peerage Ltd</em>., 1985.<br />
<em>The Fitzwilliam Virginal Book</em>. Vols. I &#038; II. Compiled by Francis Tregian, c. 1609,1619. Ed. Blanche Winogren. New York: Dover, 1979.<br />
Fellowes, Edmund H. <em>William Byrd</em>. Second Edition. London: Oxford UP, 1948.<br />
Harley, John. <em>British Harpsichord Music</em>. Volume 2 History. Aldershot, UK: Scholar, 1994. Harley, John. <em>William Byrd, Gentleman of the Chapel Royal</em>. Aldershot, UK: Scholar, 1997.<br />
Hibbert, Christopher. <em>The Virgin Queen: Elizabeth I, Genius of the Golden Age</em>. NY: Addison Wesley, 1991.<br />
Kerman, Joseph. &#8220;William Byrd.&#8221; <em>The New Grove Dictionary of Music and Musicians</em>, Vol III. London: Macmillan, 1980.<br />
Kottick, Edward L. <em>The Harpsichord Owner&apos;s Guide</em>. Chapel Hill &#038; London: UNC Press, 1987.<br />
Machiavelli, Niccolo. &#8220;The Art of War.&#8221; <em>Machiavelli: The Chief Works and Others</em>, Vol. II. Trans. Allan Gilbert. Durham, NC: Duke UP, 1965.<br />
Markham, Francis. <em>Five decades of Epistles of Warre</em>. London: Augustine Matthews, 1622.<br />
Moore, Peter. &#8220;Oxford, The Order of the Garter, and Shame.&#8221; <em>The Shakespeare Oxford Newsletter</em>, Vol. 32, 1996.<br />
Morley, Thomas (compiler). <em>The First Book of Consort Lessons</em>. Ed. Sydney Beck. New York: C.P. Peters, 1959. (First printed 1599; reissued 1611.)<br />
Mosher, Sally E. &#8220;Was William Byrd&apos;s &apos;The Battell&apos; Composed for the Theater?&#8221; <em>The Elizabethan Review</em>, Vol. 3, No. 1, 1995.<br />
Munday, Anthony. <em>A Banquet of daintie Conceits</em>. (Quarto) London: J. C. for Edward White, 1588. (British Museum copy.)<br />
Neighbour, Oliver. <em>The Consort and Keyboard Music of William Byrd</em>. Berkeley: UC Press, 1978.<br />
Randel, Don Michael, ed. <em>The New Harvard Dictionary of Music</em>. Cambridge: Belknap Press of Harvard UP, 1986. Ripin, Edward M. &#8220;Virginal.&#8221; <em>The New Grove Dictionary of Music and Musicians</em>, Vol XX. London: Macmillan, 1980. Somerset, Anne. <em>Elizabeth I</em>. New York: Alfred A. Knopf, 1991. Turbet, Richard. <em>William Byrd: A Guide to Research</em>. New York: Garland, 1987. Ward, B. M. The Seventeenth Earl of Oxford, 1550,1604; London: Murray, 1928. Williams, Neville. <em>The Life and Times of Elizabeth 1</em>. Cross River, New York: 1992. </p>
<div class="centered">
SONNET <em>CXXVIII</em><br />
<em>How oft, when thou, my music, music play&apos;st,<br />
Upon that blessed wood whose motion sounds<br />
With thy sweet fingers, when thou gently sway&apos;st<br />
The wiry concord that mine ear confounds,<br />
Do I envy those jacks, that nimble leap<br />
To kiss the tender inward of thy hand,<br />
Whilst my poor lips, which should that harvest reap,<br />
At the wood&apos;s boldness by thee blushing stand!<br />
To be so tickled they would change their state<br />
And situation with those dancing chips,<br />
0&apos;er whom thy fingers walk with gentle gait,<br />
Making dead wood more bless&apos; d than living lips.<br />
Since saucy jacks so happy are in this,<br />
Give them thy fingers, me thy lips to kiss.</em>
</div>
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		<title>Greene&#8217;s Groats-worth of Witte: Shakespeare&#8217;s Biography?</title>
		<link>http://www.shakespeare-oxford.com/?p=888</link>
		<comments>http://www.shakespeare-oxford.com/?p=888#comments</comments>
		<pubDate>Sun, 15 May 2011 22:45:24 +0000</pubDate>
		<dc:creator>Smiley</dc:creator>
				<category><![CDATA[The Oxfordian]]></category>

		<guid isPermaLink="false">http://www.shakespeare-oxford.com/?p=888</guid>
		<description><![CDATA[Frank Davis Few tracts from Shakespeare&apos;s time have generated more study, comment and controversy than Greenes Groats-worth of Witte, Bought with a Million of Repentance, Describing the follie of youth, the falshoode of makeshift flatterers, the miserie of the negligent, and mischiefes of deceiuing Courtezans. This curious but important work, posthumously published by Henry Chettle [...]]]></description>
			<content:encoded><![CDATA[<p>Frank Davis </p>
<hr />
<p>Few tracts from Shakespeare&apos;s time have generated more study, comment and controversy than <em>Greenes Groats-worth of Witte, Bought with a Million of Repentance, Describing the follie of youth, the falshoode of makeshift flatterers, the miserie of the negligent, and mischiefes of deceiuing Courtezans</em>. This curious but important work, posthumously published by Henry Chettle in 1592, is generally hailed by Stratfordians as proof that Shakespeare (meaning <img alt="" src="http://shakespeare-oxford.com/wp-content/uploads/groat.jpg" class="alignright" />Shakspere of Stratford) was a recognized, highly regarded actor and writer in the London theater world by the early 1590s. </p>
<p>The importance of <em>Groatsworth</em> to the authorship question thus cannot be denied. Several documents record Shakspere&apos;s legal and business activities, yet almost none refer to his literary career. Could <em>Groatsworth</em> be that text? </p>
<h4>Robert Greene </h4>
<p>Greene&apos;s own biography is uncertain and challenged by some Oxfordians, as we&apos;ll see. According to traditional sources (Kunitz 235-6; Ward 551-4; Collins 143; <em>Oxford Dictionary of National Biography</em>; Arata Ide 432-436), he was born in Norwich around 1560. His parentage is uncertain but he managed to matriculate at St John&apos;s College, Cambridge as a sizar<a href="#ref1" id="fn1">[1]</a> in 1575, taking his B.A. in 1579, and his M.A. from Clare Hall in 1583. In 1588 he received a Master of Arts at Oxford University. It is reported that he traveled extensively between 1578-1583, visiting France, Germany, Poland and Denmark, Italy and Spain. </p>
<p>Greene married 1585/6 and settled briefly in Norfolk but soon deserted his wife and child, moving to London. He began his career writing mostly love-pamphlets and plays in 1580, although the majority of his work was published in the last five years of his life. Most of his plays are lost. The major known works attributed to him include <em>Alphonsus; The Looking Glasse; Orlando Furioso; Friar Bacon and Friar Bungay; Pandosto;</em> and <em>James IV</em>. </p>
<p>According to Greene, himself, he lived a life of debauchery leading to his poverty and early death on September 3, 1592. Greene&apos;s own recognition of his errant ways led to his repentance that gives us this most important document, published posthumously by Henry Chettle. </p>
<p><img alt="" src="http://shakespeare-oxford.com/wp-content/uploads/greene_chettle.jpg" class="alignleft" /></p>
<p>Most students of Shakespeare are aware of <em>Groatsworth</em> and well acquainted with its &#34;upstart crow,&#34; &#34;Shake-scene&#34; and &#34;tyger&apos;s hart&#34; references. Many don&apos;t go much beyond, however, though this context comprises less than 0.5% of the whole of <em>Groatsworth</em>. </p>
<p>As we have noted, Stratfordians point out that the &#34;upstart crow&#34; passage is the first reference to Shakespeare in London, indicating that he was by then already an established playwright as well as actor. They consider the letter&apos;s warning to be proof that he was successful and that Greene was jealous and bitter. This seems plausible, though as the Stratfordian scholar William Allan Neilson observes, </p>
<blockquote><p>Greene was much given to the mingling of autobiography with his fiction, and this has resulted in a much larger body of possibly true biographical details than we possess concerning most of his contemporaries. (869)</p></blockquote>
<p>In addition to this, it is remarkable to see how often orthodoxy has ignored the first and third parts of <em>Groatsworth</em>, or has failed to give the entire pamphlet a clear interpretation. It is also interesting to observe the difficulties caused by trying to reconcile Greene&apos;s second part with Chettle&apos;s &#34;Apology&#34; in his &#34;To the Gentlemen Readers&#34; published three months later as a preface to <em>Kind-Hart&apos;s Dreame</em>. </p>
<h4>A Three-Part Statement </h4>
<p>The complete tract of <em>Groatsworth</em> is divided into three parts, each summarized below. The first is the story of &#34;Roberto,&#34; an autobiographical parody of Greene himself. Second is his celebrated letter warning of the &#34;upstart crow,&#34; and the third is a parable derived from Aesop&apos;s fable of the grasshopper and the ant. This too is a thinly disguised autobiographical exercise. At the end of <em>Groatsworth</em> Chettle attaches Greene&apos;s final apologetic letter to his estranged wife. </p>
<p>
<h3>Part 1</h3>
<p> Roberto is an academic scholar (Robert Greene even uses his own Latinized name) whose father Gorinius and brother Lucanio are money lenders (usurers). At his death, Gorinius bequeaths Lucanio all his wealth, leaving Roberto only &#34;a groat&#34; to &#34;buy a groats-worth of wit.&#34;<br />
The two brothers set out to find wives and came upon Lamilia, a courtesan with whom Lucanio falls in love. As the three of them are talking, Lamilia tells a &#34;fable&#34; of a fox, a badger and the disgracing of a ewe. Roberto follows with his own story of a Squire&apos;s daughter and farmer&apos;s son who were in love and scheduled to be married. The bridegroom was deceived by a jealous rival using the &#34;bed-trick,&#34; resulting in the rival winning his bride and the bridegroom having to marry another woman.</p>
<p>After the tales, Roberto, Lucanio and Lamilia gamble with dice and Lamilia wins all Lucanio&apos;s money. While Lucanio goes for more &#34;crowns,&#34; Roberto tries to get Lamilia to give him part of her winnings. When Lucanio returns, Lamilia tells him of Roberto&apos;s deceit and Lucanio &#34;disowns&#34; his brother. </p>
<p>Roberto departs. Later, lying on the ground next to a hedge lamenting his bad luck and &#34;sorrow,&#34; he is overheard by &#34;a gentleman&#34; who offers to help: &#34;I suppose you are a scholler, and pittie it is men of learning should live in lacke.&#34; When Roberto asks, &#34;What is your profession?&#34; the gentleman answers, &#34;Truly, sir, I am a player.&#34; Roberto is somewhat taken aback: &#34;I tooke you rather for a Gentleman of great living.&#34;<br />
Certainly he is a man of substance now, the gentleman replies, but it was not always so, especially when he was &#34;faine to carry my playing Fardle a footebacke.&#34; Now his &#34;very share in playing apparel will not be sold for two hundred pounds.&#34; </p>
<p><img alt="" src="http://shakespeare-oxford.com/wp-content/uploads/greene.jpg" class="alignright" /></p>
<p>Roberto is surprised that the gentleman has prospered &#34;in that vayne practice,&#34; and that &#34;it seems to mee your voice is nothing gratious.&#34; The gentleman&apos;s answer is important for our analysis: </p>
<blockquote><p>I mislike your judgement: why, I am as famous for Delphrigus and The King of Fairies, as ever was any of my time. The Twelve labors of Hercules have I terribly thundered on the Stage, and plaid three Scenes Of the Devill in the Highway to heaven. Have ye so? (saide Roberto) then I pray you pardon me. Nay more (quoth the Player) I can serve to make a pretie speech, for I was a countrey Author, passing at a Morall, twas I that pende the Morall of mans witte, the Dialogue of Dives, and for seven years space was absolute Interpreter to the puppets. But now my Almanacke is out of date: <em>The people make no estimation / Of Morals teaching education</em>. Was not this prettie for a plaine rime extempore? If ye will ye shall have More. Nay, its enough, said Roberto, but how meane you to use mee? Why, sir, in making Playes, said the other, for which you shall be well paid, if you will take the paines .<a href="#ref2" id="fn2">[2]</a></p></blockquote>
<p>Roberto goes with the Player who provides lodging for him &#34;in a house of retayle.&#34; There he falls into one vice after another. </p>
<p>Meanwhile, all Lucanio&apos;s wealth has been consumed by Lamilia. When Roberto hears of this misfortune, he seeks his brother out and provides some meager assistance. This is perceived as demeaning by Lucanio, but by now Roberto is &#34;famozed for an Arch-plaimaking-poet.&#34; His wealth fluctuates &#34;like the sea&#34; and he confesses that he is &#34;contrarie to the world,&#34; and that if paid in advance, would &#34;breake my promise.&#34; Roberto learns the craft of thieves and &#34;high Lawyers.&#34; </p>
<p>His wife, a &#34;Gentlewoman,&#34; tries to &#34;recall him&#34; but to no avail. Roberto&apos;s debauchery continues until he finds himself, &#34;lying in poverty&#34; with &#34;but one groat.&#34; He cries: &#34;O now it is too late, too late to buy witte with thee: and therefore will I see if I can sell to carelesse youth what I negligently forgot to buy.&#34; The author adds, clearly reinforcing the autobiographical nature of the tale: </p>
<blockquote><p>
Heereafter suppose me the saide Roberto Greene will send you now his groats-worth of wit, that never showed a mites-worth in his life: &#038; though no man now bee by to doe me good: yet ere I die I will by my repentaunce indevour to doo all men good. (Greene 17)
</p></blockquote>
<p>The author continues with a poem describing his plight and regrets. He then proceeds to list ten rules for gentlemen to &#34;be regarded in your lives&#34; (Greene 1819). </p>
<p>
<h4>Part 2</h4>
<p> This section contains Greene&apos;s famous letter &#34;To those Gentlemen his Quondam acquaintance, that spend their wits in making Plaies, R.G.wisheth a better exercise, and wisedome to prevent his extremities warning. Greene calls the first writer &#34;thou famous gracer of Tragedians&#34; who said, with Greene, &#34;There is no God.&#34; He chastises the author for not recognizing that his &#34;excellent wit&#34; is a gift of God, admonishing him further for his &#34;Machivilian policy&#34; (19-20). This author is widely accepted to be Christopher Marlowe. In view of Greene&apos;s description, there should be little doubt. </p>
<p>The second writer is &#34;yong juvenall, that byting Satyrist, that lastlie with mee together writ a Comedie.&#34; Greene also calls him a &#34;Sweet boy,&#34; warning him not to get too &#34;many enemies from bitter words&#34; (20). The consensus is that this is Thomas Nashe, although there is no record of his having collaborated with Greene on a comedy. Thomas Lodge has also been suggested for the &#34;yong juvenall,&#34; but it turns out he was absent from England, having sailed on August 26, 1591, and could not have returned much before June, 1593 (Simpson vol.2 382). Furthermore, Lodge was two years older than Greene and so is unlikely to be addressed as a &#34;yong juvenall.&#34; Nashe on the other hand was Greene&apos;s junior by seven years. </p>
<p>To the third and final writer, Greene writes: </p>
<blockquote><p>And thou no lesse deserving than the other two, in some things rarer, in nothing inferior; driven (as my selfe) to extreme shifts, a little have I to say to thee: and were it not an idolatrous oth, I would sweare by sweet S. George, thou art unworthy better hap, sith thou dependest on so meane a stay (Greene 20). </p></blockquote>
<p>Here there has been less uncertainty of identification. George Peele seems the likeliest candidate. Greene&apos;s famous warning about the upstart crow follows. It&apos;s clear from his references to &#34;puppets&#34 that speak from our mouths&#34; and &#34;Anticks&#34; garnished &#34;in our colours&#34; that he is referring to actors. This becomes important when we analyze the rest of his statement. </p>
<p>Greene&apos;s advice is that the writers use their &#34;rare wits&#34; in &#34;more profitable courses, &#038; let those <em>Apes</em> imitate your past excellence, and never more acquaint them with your admired inventions&#34; (21). Again, his use of &#34;apes&#34; reinforces the reference to actors. Greene makes a plea for them to seek &#34;better Maisters&#34; and not be &#34;subject to the pleasure of such rude groomes,&#34; because their best &#34;husbands&#34; [agents] will never &#34;prove a Usurer&#34; [lend them money] and that the &#34;kindest of them all&#34; would never find them &#34;a kind nurse&#34; [to attend them in sickness] (21). </p>
<p>The next paragraph has received little attention. Greene says he could &#34;insert [address] two more&#34; [writers] that both have &#34;writ against these buckram Gentlemen&#34; but he will &#34;leave them to the mercie of these painted monsters&#34; (21). Again, &#34;buckram&#34; and &#34;painted monsters&#34; reference actors.
</p>
<p>In the final paragraph of the letter Greene says, &#34;But now returne I to you three,&#34; advising them not to make the same mistakes as himself, adding that he is &#34;now at the last snuffe&#34; and that &#34;there is no substance left for life to feede on.&#34; </p>
<p>He ends with this salutation: </p>
<div align="center"><em>Desirous that you should live,</em></div>
<div align="center"><em>though himselfe be dying,</em></div>
<div align="center"><em>Robert Greene</em> (21).</div>
<p>
<h4>Part 3</h4>
<p> Greene&apos;s farewell follows: &#34;farewell in like sort, with this conceited Fable of that olde Comedian Aesope.&#34; This is Greene&apos;s rendition of the story of the ant and the grasshopper. The grasshopper calls the ant a &#34;greedie miser&#34; and the ant replies, &#34;The thriftie husband spares what unthrift spends.&#34; The two separate, and while the grasshopper pursues his pleasures, the ant labors. When winter comes the ant is prepared but the grasshopper starves. He goes to the ant for help, but &#34;Pack hense, thou idle lazie worme&#34; is the retort.<br />
&#34;Foodlesse, helplesse, and strengthles,&#34; writes Greene, the grasshopper digs himself a pit in the sand and engraves his epitaph which describes his (and Greene&apos;s) life:</p>
<div align="center"><em>For all worlds trust, is ruine without ruth [compassion] </em></div>
<div align="center"><em>Then blest are they that like the toyling Ant, </em></div>
<div align="center"><em>Provide in time gainst winters wofull want.</em></div>
<p>The grasshopper dies &#34;comfortles without remedy. Like him my selfe: like me, shall al that trust to friends or times inconstancie. Now faint of my last infirmity, beseeching them that shal burie my bodie, to publish this last farewell written with my wretched hand&#34; (23). </p>
<p><em>Groatsworth</em> concludes with a letter which Chettle found &#34;with/ This booke after his [Greene&apos;s] death.&#34; It&apos;s a <em>mea culpa</em> addressed to the writer&apos;s abandoned wife and child. Greene again describes his sorry state, complaining that he suffers hunger for his gluttony, thirst for his drunkenness, and ulcerous sores [syphilis?] from his adultery. He commits his soul to his &#34;Saviour,&#34; and signs off, &#34;Thy repentant husband for his dis / Loyaltie, Robert Greene.&#34; </p>
<p>Before analyzing <em>Groatsworth</em>, we should consider two other important documents. First, Nashe&apos;s quick show of displeasure and denunciation when in September, 1592, he wrote in an epistle prefixed to <em>Pierce Pennilesse: </em></p>
<blockquote><p>Other news I am advised of, that a scald, trivial, lying pamphlet, called Greene&apos;s <em>Groatsworth</em> of Wit, is given out to be my doing. God never have care of my soul, but utterly renounce me, if the least word or syllable in it proceeded from my pen, or if I were in any way privy to the writing or the printing of it (Looney/Miller vol.ii 342-3).</p>
</blockquote>
<p>The second important document is Chettle&apos;s apologetic response in his <em>Kind-Harts Dream</em> printed some three months after <em>Groatsworth</em>. In his introduction, &#34;To the Gentlemen Readers,&#34; Chettle claims that <em>Groatsworth</em> was the work of Greene and not himself. He denies responsibility, but does offer this all-important apology that has led to erroneous interpretations by many Stratfordians: </p>
<blockquote><p>About three moneths since died M. Robert Greene, leaving many papers in sundry Booke sellers hands, among others his Groats-worth of wit, in which a letter written to divers play-makers, is offensively by one or two of them taken, and because on the dead they cannot be avenged, they willfully forge in their conceites a living Author: and tossing it two and fro, no remedy, but it must light on me (Ibid., 343).
</p></blockquote>
<p>Chettle&apos;s statement makes it clear that Greene&apos;s letter in <em>Groatsworth</em> was a warning written <em>to</em> &#34;divers play-makers,&#34; specifically to the <em>three</em> metaphorically identified writers. The warning was specifically <em>about</em> another individual, the &#34;upstart crow&#34; or &#34;Shake-scene.&#34;<br />
Chettle goes on to address the &#34;one or two&#34; offended playwrights:
</p>
<blockquote><p>
With neither of them that take offence was I acquainted, and with one of them I care not if I never be: the other, whome at that time I did not so much spare, as since I wish I had, for that as I have moderated the heate of living writers, and might have used my owne discretion (especially in such a case) the Author being dead, that I did not, I am as sory, as if the originall fault had been my fault, because my selfe have seene his demeanor no lesse civill than he, exelent in the qualitie he professes: Besides, divers of worship have reported, his uprightness of dealing, which argues his honesty, and his facetious grace in writting, that ap-rooves his Art. For the first, whose learning I reverence, and at the perusing of Greenes Booke, stroke our what then in conscience I thought he in some displeasure writ: or had it beene true, yet to publish it, was intolerable: him I would wish to use me no worse than I deserve (Ibid., 343).
</p></blockquote>
<p>The first sentence quoted above indicates that there were two offended play-makers, one, believed to be Marlowe, he doesn&apos;t know (or care to know), the other, believed to be Nashe, he is sorry he didn&apos;t (using his own discretion) spare [remove him] from Greene&apos;s work. Chettle goes on to praise this second play-maker who had complained with his statements of &#34;uprightness of dealing,&#34; &#34;honesty&#34; and &#34;grace in writing.&#34; </p>
<h4>Stratfordian Positions</h4>
<p>It is curious how Stratfordians have interpreted Chettle&apos;s apology and praise to be for the &#34;upstart crow,&#34; i.e., the very person Greene was warning against! But this is exactly what occurred over the years, beginning with Malone, and carried on by Chambers. Chambers believes the apology had to be to Shakespeare as the second writer (Marlowe being the first) because Peele and Nashe had no reason to be offended by what Greene had said (Chambers vol. 1, 58-9). This ignores Nashe&apos;s prompt and dramatic denial of having anything to do with the &#34;scald trivial lying pamphlet.&#34; Nashe obviously &#34;took offense.&#34; The myth of Chettle&apos;s apology being directed to Shakespeare has been propagated more by biographers&#34;,Schoenbaum 150-6, Greenblatt 212-15, Ackroyd 176-8, and Honan 158-162&#34; than other Shakespearean scholars. In 1886 F.G. Fleay declared, &#34;Shakespeare was not one of those who took offense; they are expressly stated to have been two of the three authors addressed by Greene&#34; (111). </p>
<p>In his 1994 edition of <em>Groatsworth</em>, D. Allen Carroll presents a thorough evaluation, concluding with John Payne Collier and Warren Austin&apos;s computer-based work that <em>Groatsworth</em> was largely a forgery by Henry Chettle (Chettle 6,7,2427,105-6). Carroll comments: &#34;Greene may have had something to do with the writing of <em>Groatsworth</em>, Chettle <em>certainly</em> did. If the book is indeed Chettle&apos;s, or largely his, as few have believed and as the evidence seems to suggest, then it ranks as one of the most successful hoaxes in our culture&#34; (ix). Carroll later adds: </p>
<blockquote><p>
Though in the main a forgery, in my judgment, the book may contain some matter by Greene and/or someone else and thus be, in a minor way, a collaboration (30).
</p></blockquote>
<p>Carroll&apos;s discussion of the &#34;Player-Patron&#34; in Part One reports &#34;that the portrait is a composite, suggesting a pattern of the highly successful actor,&#34; but concludes that &#34;Shakespeare was too young, as was Richard Burbage and Edward Allyen&#34; (115-6).</p>
<p>But why too young? Carroll doesn&apos;t explain, though he says that the ant in the third section of <em>Groatsworth</em> is accepted by Honigmann as likely to represent Shakespeare (147). Carroll says the equation of the ant with Shakespeare can only be a &#34;good possibility,&#34; but he does not comment on Shakespeare being too young for this representation of the ant. Carroll notes that Dover Wilson believed Chettle&apos;s apology in <em>Kind-Hearts Dream</em> was directed toward Shakespeare, but he ends cautiously with: </p>
<blockquote><p>
In any case, it has been argued, Chettle&apos;s apology, as put, does not require an inference that he was confronted directly for the defense by Shakespeare or anyone (138).
</p></blockquote>
<p>A more recent important orthodox review of this &#34;apology to Shakespeare&#34; issue is found in a 1998 article by Professor Lukas Erne of the University of Geneva, who dispels the notion of Chettle&apos;s apology being written to Shakespeare. Erne concludes: </p>
<blockquote><p>
The cumulative effect of the evidence against Shakespeare [being the recipient of<br />
the Chettle apology] is such that it partakes of mythology, rather than biography, to keep drawing inferences about Shakespeare&apos;s early years in London from Chettle&apos;s<br />
apology (440). [Emphasis mine]
</p></blockquote>
<p>It is unfortunate that Stratfordian biographers still ignore or are unaware of Erne&apos;s 1998 work, basing their writings on what is prevalent in previous or even recent biographies. </p>
<h4>Oxfordian Positions </h4>
<p>Oxfordians also differ in their interpretations of <em>Groatsworth</em>. Ogburn goes to great lengths to discount both it and Greene&apos;s authorship, citing Nashe&apos;s statement that <em>Groatsworth</em> was &#34;a scald, trivial, lying pamphlet&#34; and Austin&apos;s 1969 computer analysis &#34;proving&#34; that <em>Groatsworth</em> is a forgery (55-67). However, a number of credible refutations to Austin&apos;s work can be found, including the more recent work of Westley (363-378).<a href="#ref3" id="fn3">[3]</a> Ogburn accepted Austin&apos;s conclusion that <em>Groatsworth</em> was written by Chettle alone. Ogburn also makes an interesting report on Professors G.B. Evans and Harry Levin, who rebutted his article on <em>Groatsworth</em> in the <em>Harvard Magazine</em>. &#34;Mr. Ogburn seems baffled by the earliest allusion to him [Shakespeare] in Robert Greene&apos;s <em>Groatsworth of Wit</em>, which is clearly a protest against a mere actor who has presumed to become a dramatist&#34; (63). Ogburn&apos;s final words on this subject are worth noting: </p>
<blockquote><p>
As to Henry Chettle, it occurs to me that the Stratfordians have unwittingly been right all along and that in warning the three unnamed playwrights against an actor who was in his own conceit the only Shake-scene in a country, a know-it-all with a tiger&apos;s heart, the forger of <em>Groatsworth</em> was putting the playwright we know as Shakespeare on guard, with his fellows, against the unnamed actor we also know as Shakespeare. If Chettle did not know it to begin with that the two were the same, he must soon have discovered it. How else are we to explain that later he found reason to express his regret and in doing so is apologetic not to the actor Shake-sceneÃ¢â‚¬â€who as a nobleman in disguise could not vent his ire without giving himself awayÃ¢â‚¬â€but to the playwright who Chettle said took offense, though nothing had been said against him and whom Chettle now finds to be of uprightness of dealing and of honesty, with a grace in writing that attests his art (67)?
</p></blockquote>
<p>Ogburn&apos;s belief is that the apology is to Shakespeare (i.e. Oxford), the true author. However, this theory requires unprovable assumptions about Chettle&apos;s state of mind. Ogburn seems to want to eliminate any possibility of Shakspere being an actor; he took this hard-line position because he held Shakspere was illiterate, so he could not be a writer, while being an actor would also suggest literacy.</p>
<p>On the other hand, &#34;partial literacy&#34; would likely suffice for being an actor&#8212;although certainly not for any writer of significance. There are quite a few documents that do support the contention of Shakspere being an actor (Davis). Also, if we are to believe that all three parts of <em>Groatsworth</em> are biographical, we have to consider that &#34;Shake-scene&#34; may indeed have attempted some writing. Note that the &#34;gentleman&#34; who assisted Roberto claimed to have written some &#34;moral&#34; plays (&#34;twas I that pende The Morall of mans witte&#34;). This comic parody no doubt accounts, in part at least, for why Stratfordians do not wish to correlate him with Shakespeare as they do in &#34;part two&#34; with &#34;Shake-scene&#34; and the warning letter.</p>
<p>Ruth Lloyd Miller also accepts that Chettle was the forger of <em>Groatsworth</em>; she sees the story of &#34;Roberto&#34; as a satire on the Cecils, Burghley and his two sons, Thomas and Robert (Looney/Miller 350-55). If true, this would be a monumental political risk. It is unlikely that ether Greene, Chettle, Shakspere or even Oxford would be willing to take such a chance. </p>
<p>Oxfordian Richard Whalen cautiously reports the usual Stratfordian positions as given above, and notes the substantial questions raised by Oxfordians and a few Stratfordians. Although not elaborating on of his own belief, Whalen does say: &#34;Nothing says Shake-scene came from Stratford. Far from being a fairly clear identification, it [<em>Groatsworth</em>] is deliberately evasive and obscure&#34; (44). </p>
<p>Sobran also says that <em>Groatsworth</em> is &#34;probably&#34; a forgery, presenting no definitive conclusions except that in regard to Chettle&apos;s apology, &#34;Shakespeare might be either the playwright [one offended] or the crow [subject of the insult], but not both. In all probability, he was neither&#34; (36). He approvingly cites Jay Hoster&apos;s <em>Tiger&apos;s Heart</em>, which &#34;argues that the real &#34;upstart&#34;Â was the actor-manager Edward Alleyn, the greatest star of the Elizabethan stage (at least before Burbage), whom the real Greene had earlier attacked for underpaying playwrights&#34; (34). This was first noticed in 1952 by Kunitz and Haycraft:</p>
<blockquote><p>
But an examination of the famous passage the &#34;upstart crow beautified with our feathers&#34; who is &#34;in his own conceit the only Shake-scene in a country&#34 makes it probable that the person alluded to is some unnamed actor, and not any of Greene&apos;s fellow-dramatists (236).
</p></blockquote>
<p>Hoster&apos;s position is also shared by Hughes (4). Both boost their arguments by reporting that Alleyn was a large man: one story says he broke boards on a stage with his heavy stomping (and hence &#34;Shake-scene&apos;). They also theorize that Alleyn may have played a part in<em> 3 Henry VI</em>, from which the &#34;tiger&apos;s heart&#34; parody is derived. Although there is no evidence of the latter, the Alleyn proposal is not entirely implausible. With less support, Will Kemp (Frazer) and even Ben Jonson (Green) have also been proposed as candidates for &#34;Shake-scene.&#34; </p>
<p>On the other hand, Oxfordian Dick Lester, an experienced systems analyst and independent researcher, reached another conclusion when he presented his paper at the Second Edward de Vere Studies Conference in 1998. The &#34;upstart crow,&#34; he proposed, was indeed likely to be William Shakspere of Stratford. Lester also refuted Austin&apos;s computer analysis that <em>Groatsworth</em> was a forgery by Chettle, concluding that <em>Groatsworth</em> was written at the very least by a combination of Greene and Chettle. Lester excludes Alleyn, one reason among several being that there is no evidence he ever wrote or pretended to be a writer (6). </p>
<p>A. D. Wraight disagrees, however, claiming that Alleyn was a indeed`writer (35), a position discredited previously by J. Payne Collier.<a href="#ref4" id="fn4">[4]</a> More recently, Mark Anderson, in his 2005 best-seller <em>Shakespeare By Another Name</em>, agrees with Lester that &#34;Shake-scene&#34; refers to Shakspere (256-8). </p>
<p>Also in 2005 Jonathan Dixon wrote an informative paper on this subject in <em>Shakespeare Matters</em> (12). He analyzes the Elizabethan recognition of the relationship of Aesop&apos;s &#34;crow&#34; and Batillus, the Roman &#34;pretender.&#34; Dixon carefully and convincingly develops this line of thought, maintaining that <em>Groatsworth</em> supports the anti-Stratfordian position of Shakspere being a front man and a &#34;money-lending entrepreneur.&#34; The theory that Shakspere was a &#34;pretender&#34; was reinforced by Dixon in the Spring, 2000 <em>Shakespeare Oxford Newsletter</em> (7), where he argues that &#34;supposes&#34; was used in Elizabethan times to mean &#34;pretends.&#34; </p>
<h4>Vertues Common-wealth</h4>
</p>
<p>Also important to our discussion of <em>Groatsworth</em> is Diana Price&apos;s review of Henry Crosse&apos;s 1603 <em>Vertues Common-wealth</em> (or <em>High-way to honour</em>) in a section she titles &#34;An Elizabethan Interpretation of <em>Groatsworth</em>.&#34; Price (54-6) records from Crosse: </p>
<blockquote><p>
[T]hese copper-laced gentlemen [who] grow rich, purchase lands by adulterous plays, and not [a] few of them usurers and extortioners which they exhaust out of the purses of their haunters so they are puffed up in such pride as self-love as they envy their equals and scorn their inferiors (Crosse, 117). it were further to be wished, that those admired wits of this age, Tragedians, and Comedians, that garnish Theaters with their inventions, would spend their wits in more profitable studies, and leave off to maintain those Antics, and Puppets, that speak out of their mouths: for it is a pity such noble gifts, should be so basely employed, as to prostitute their ingenious labors to enrich such buckram gentlemen (Crosse, 122). <br />
He that can but bombast out a blank verse, and make both the ends jump together in a rhyme, is forthwith a poet laureate, challenging the garland of bays, and in one slavering discourse or other, hang out the badge of his folly. Oh how weak and shallow much of their poetry is, for having no sooner laid the subject and ground of their matter, and in the Exordium moved attention, but over a verse or two run upon rocks and shelves, carrying their readers into a maze, now up, then down, one verse shorter than another by a foot, like an unskillful Pilot, never comes night the intended harbor: in so much that oftentimes they stick so fast in mud, they lose their wits ere they can get out, either like Chirillus, writing verse not worth the reading, or Battillus, arrogating to themselves, the well deserving labors of other ingenious spirits. Far from the decorum of Chaucer, Gower, Lydgate, etc., or our honorable modern Poets, who are no whit to be touched with this, but reverent esteemed, and liberally rewarded (Crosse, 109).<a href="#ref5" id="fn5">[5]</a>
</p></blockquote>
<p>Price notes that &#34;Henry Crosse&#34; has never been identified, so the possibility of a pseudonym exists (54). What is evident is that <em>Vertues</em> is referring to <em>Groats-worth</em> by both the intent (e.g. warning; advising &#34;more profitable studies&apos;) and wordage (e.g. puppets, usurers, buckram, bombast out a blank verse, etc). Note also Crosse&apos;s use of &#34;Batillus&#34; in view of Dixon&apos;s article relating this to Aesop&apos;s crow. </p>
<p>It should be pointed out, however, that <em>Vertues</em> addresses &#34;gentlemen&#34; and maintains a plural view of the offenders. This suggests that the &#34;Batillus practice&#34; may have been more widespread than the warning against just one &#34;upstart crow.&#34; The concept of widespread Batillus practice is supported by Henslowe&apos;s <em>Diary</em> where several of his actors, including Alleyn, were paid for &#34;boockes&#34; [plays]. This seems, as Collier stated, to be for work done revising old plays for new presentations.<a href="#ref6" id="fn6">[6]</a> </p>
<p>&#34;Shake-scene&#34; as representing Shakspere is supported by <em>Groatsworths&apos;</em> reference to &#34;tiger&apos;s heart,&apos;<a href="#ref7" id="fn7">[7]</a> likely parodying the anonymous <em>The True Tragedy of Richard, Duke of York</em> (1595) that subsequently became Shakespeare&apos;s <em>Henry VI, Part 3</em>. Sobran is not alone in maintaining that the &#34;tyger&apos;s hart&#34; reference would not have been recognized as significant to Shakespeare in 1592 because <em>True Tragedy</em> was not published until 1595 and even then anonymously (34). Shakespeare was not identified with this play until <em>Henry VI, Part 3</em> in the First Folio of 1623. However, <em>True Tragedy</em> was already being performed by 1592, indicated by Philip Henslowe&apos;s notation about the playing of <em>Henry VI</em> and <em>Harry of Cornwall</em> (? <em>Famous Victories</em>), and likely had been staged even earlier. Significantly, Greene did not write his letter to the &#34;public&#34; even though some might have understood his references. Instead he directed it to fellow writers who could be expected to recognize the relationship.</p>
<p>Nina Green and Stephanie Hopkins Hughes both suggest that between 15801592 Oxford wrote under the pen-name, Robert Greene. Their theory is based on the fact that there were several &#34;Robert Greenes&#34; in England at the time, and no evidence has been found to definitely connect them with the authorship of the works attributed to Robert Greene.<a href="#ref8" id="fn8">[8]</a> Nina Green affirms that &#34;considerable stylistic and other evidence in Greene&apos;s works strongly suggests that Greene was, in fact, one of Oxford&apos;s pen-names&#34; (Green). Hughes even goes on to say in her <em>Hypothesis in a Nutshell:</em> </p>
<blockquote><p>
Robert Greene&apos;s rich biography could not be substantiated by the most diligent research because it was 100% fiction. <br />Robert Greene wrote like an aristocrat and not like a proletarian because he was an aristocrat (and not a proletarian).<br /> Robert Greene sounds like early Shakespeare because he was early Shakespeare. <br />
Robert Greene wasn&apos;t mentioned as a playwright until after his death because his true identity could not be revealed, and because plays, unlike pamphlets, did not require an author&apos;s name; that is not until such time as they had to be published, which in some cases did not occur for many years. <br />The peculiar charge which he hurled in <em>Groatsworth</em> at the actors and their manager of ingratitude rather than for some violation of business practice makes sense when seen as the viewpoint of one who saw his involvement in the newly created commercial theater as one of good fellowship based either on the common understandings of social intercourse, or the traditional service due a lord by his retainers; transactions which Alleyn and his fellow actors saw in the cold light of commercial necessity and perhaps also with an exhilarating (and reckless) awareness of a new-found freedom of enterprise (26-7).
</p></blockquote>
<p>Some of Hughes&#34; hypotheses seem to be in opposition to statements made by Nashe, Harvey, Meres and Chettle regarding Greene&apos;s life and death.9 One also wonders whether the &#34;love pamphlets&#34; for which Greene was so famous would necessarily be classified as &#34;aristocratic.&#34; In fact, Richardson remarked that Greene &#34;wrote a number of racy low-life pamphlets&#34; (178). But, in fairness, detailed analysis of Hughes&#34; efforts should await their final publication.
</p>
<h4>Conclusions</h4>
<p>Is it possible that <em>Groatsworth</em> is a literary biography of William Shakspere of Stratford? The first hurdle is obvious. It has to be decided whether the &#34;upstart crow&#34; is intended to characterize Shakspere, Alleyn, or someone else. The idea of an actor (other than Shakspere) has been around for quite some time, but it is difficult to ignore the &#34;tyger&apos;s hart&#34; reference in conjunction with &#34;Shake-scene.&#34; If the &#34;crow&#34; was an actor other than Shakspere, then we have no authorship issue involved with <em>Groatsworth</em>. But it would still have significant ramifications for the Stratfordians in light of their continued claim that <em>Groatsworth</em> demonstrates Shakspere&apos;s importance as an actor and writer in 1592. </p>
<p>However, if it is assumed that the &#34;upstart crow&#34; is Shakspere of Stratford, then the implications are profound for Stratfordians and anti-Stratfordians. It is important to note that the references to the three playmakers in the part-two warning were metaphors for purposes of specific identification, so it is logical that &#34;Shake-scene&#34; and &#34;tyger&apos;s heart&#34; are also metaphorical identifiers. One can argue that these two identifiers could represent another actor that shook the stage and acted in <em>3 Henry VI</em>, but their association with Shakespere has to be considered a more direct metaphorical possibility. </p>
<p>Additionally, there would seem to be little doubt that Greene intended the &#34;gentleman&#34; in the first part, and probably the ant in the third part, to be characterizations of the &#34;upstart crow.&#34; Otherwise, why would these three apparent autobiographical stories be grouped together? The first and third parts echo the sentiment ascribed to the &#34;crow,&#34; the &#34;Iohannes factotum.&#34; The problem here for orthodoxy is that the portrait painted by Greene is that of a miserly, plagiarizing pretender. </p>
<p>What is implicitly stated in Chettle&apos;s apology is a real problem for Stratfordians because of their continued claim that it is directed to Shakespeare, the author-actor. But it has been conclusively recognized by a number of orthodox scholars, some mentioned here, that this is not the case. The biographers of Shakespeare who have stated, and continue to state otherwise, should be challenged at every instance by citing Erne&apos;s important work, for example. The continuation of biographers to use Chettle&apos;s apology to boost the reputation of Shakespeare is simply foolish deception. </p>
<p>But Dixon, Lester, Anderson and Price just may be right: <em>Groatsworth</em> is about Shakspere, and it marks him as a plagiarist, usurer, entrepreneur and likely front man play-broker. 10 As it turns out, however, it really doesn&apos;t make any difference whether <em>Groatsworth</em> was written by Greene, Chettle or more likely a combination of the twoÃ¢â‚¬â€or anyone else for that matter, even Oxford. The work stands by itself and the meaning is of no less importance regardless of authorship. Here, for a rare instance, Oxfordians can agree with Stratfordians: The &#34;upstart crow&#34; and &#34;Shake-scene&#34; references do signify Shakspere; therefore <em>Groatsworth</em> may be the only literary biography we have of William Shakspere of Stratford upon Avon, written during his lifetime. </p>
<p><h4>Endnotes</h4>
</p>
<ol>
<div id="footnote">
<li id="ref1">A student who receives some form of assistance such as meals, lower fees or lodging during his or her period of study, in some cases in return for doing a defined job.*<a href="#fn1">&#8657;</a></li>
<li id="ref2">D. Allen Carroll has given a thorough examination of the different plays that the &#34;gentleman stranger&#34; speaks about: the &#34;morral&#34; dramas he has &#34;pende&#34; and others he was involved with. Carroll speculates about several of the plays mentioned in <em>Groatsworth</em>, identifying the <em>Twelve labors of Hercules</em> with the greatest certainty (noted also by Collier in <em>Henslowe&apos;s Diary</em>). Carroll wished to identify these different works, &#34;not to reflect the experience of any specific individual but rather dramatic activity in general of the seventies and early eighties.&#34; He covers all the bases when he states: &#34;The Player-Patron thus seems to be fictionalÃ¢â‚¬Â¦But it just may be that the portrait contains traces of someone specific, or several individuals, whom we cannot now identify.&#34; Carroll adds:<br />
<blockquote><p>The case for Shakespeare, which involves the idea of him as a factotum or business manager for his company, has been offered a number of times, with varying degrees of enthusiasm and little success: by an anonymous author in The New Monthly Magazine (in 1840), by Richard Simpson, Alden Brooks, M.C. Bradbrook, and A.L.Rowse. But Shakespeare cannot have had anything like the long association with acting suggested in the profile (3,4).</p></blockquote>
<p>We are asked to believe that without significant preliminary development, Shakspere ascended London&apos;s acting-playwriting scene, meteoric-fashion, producing the mature and fashionable <em>Venus and Adonis</em> the next year, and Lucrece the year afterwards along with <em>The Comedy of Errors</em>, <em>1-3 Henry VI</em>, <em>Titus Andronicus</em>, and <em>Richard III</em>.<a href="#fn2">&#8657;</a></li>
<li id="ref3">A statement by Peter Moore, reported by Malim, that Greene&apos;s <em>Groatsworth</em> is a forgery by Chettle was founded in part on the misinformation given in Greene&apos;s letter to his wife and child. Moore states that Greene&apos;s child was, in fact, &#34;Fortunatus&apos;, an illegitimate child by his mistress, not his wife. This is based on Gabriel Harvey&apos;s comment in his 1592 <em>Four Letters and Certain Sonnets</em><br />
<blockquote><p>Ã¢â‚¬Â¦his keeping of the foresaid Ball&#8217;s sister, a sorry ragged quean, of whom he had his base son Infortunatus Greene, his forsaking of his own wife, too honest for such a husbandÃ¢â‚¬Â¦ </p></blockquote>
<p>Plus John Payne Collier&apos;s 1846 discovery of a burial record in Shoreditch of one &#34;Fortunatus Greene&apos;, August 12, 1593 as reported by Crupi (9, 149).<br />
This scenario is also thoroughly discussed in Carroll&apos;s 1994 book (Chettle, 10-11). Even assuming this is all true, it certainly does not rule out Greene having had another previous son by his lawful wife. As a matter of fact, some biographies of Greene say he deserted his wife and newborn child when he went to London, although this is not documented. What this &#34;Fortunatus discovery&#34; does, however, is give further support to Harvey&apos;s comments on Greene&apos;s life and death.<a href="#fn3">&#8657;</a></li>
<li id="ref4">&#34;We have evidence in the theatrical Diary kept by Alleyn&apos;s father-in-law, Philip Henslowe, preserved among the Alleyn&apos;s papers, of a copious playwriting activity among the actors of the Lord Admiral&apos;s Men, who seem to have been a crew of scribbling actors, foremost of whom was Edward Alleyn himself.&#34; Wraight goes on to say: &#34;Since the play <em>Tambercam</em> is certainly by Alleyn, and is so acknowledged by the <em>Dictionary of National Biography</em>, there is no reason to doubt that the [plays] he sold were all his own works&#34; (35). Henslowe (227) records: (Henslowe, xxvi).<br />
<blockquote><p>Pd unto my sonne, E. Alleyn, at the apoyntment of the company, for his boocke of Tambercam, the 2 of octobr 1602, the some of Ã¢â‚¬Â¦..XXXXs </p></blockquote>
<p>But Collier thought that Alleyn was paid for revising older plays to make them more useful, not for writing new plays: </p>
<blockquote><p>The sum generally paid for putting an old play on the stage, on its revival, with such changes as seemed necessary, was 2 Ã‚Â£ [40 s], and this sum Edward Alleyn obtained for <em>Tambercam</em> (of which he was not the author, as some have supposed) Ã¢â‚¬Â¦(xxvi)</p></blockquote>
<p> <a href="#fn4">&#8657;</a></li>
<li id="ref5">Some further explanation of <em>Vertues Common-wealth</em> is needed. Although Henry Crosse has not been identified, what can be certain is that he had Puritanical ideals. The original quarto consisted of 155 pages. The first 49 were about &#34;Vertue&apos;, the remaining 106 dealt with &#34;Vice&#34; where every occupation or activity from lawyers to wearing makeup is chastised. Poets were treated more leniently but players and playwrights harshly so. Twelve pages (111-123) were devoted to plays and players, from whence these previous quotations were taken. Whereas Crosse obviously took phrases and intent of meaning from <em>Groatsworth</em>, his goal was to chastise actors and playwrights and warn the public about the evils of players, not just to warn playwrights against actor-playwrights. He related all the &#34;vices&#34; to the harm they cause the &#34;Common-wealth&apos;. To understand the author&apos;s intentions requires studying the <em>entire</em> book, not just looking at a few selected sentences.<a href="#fn5">&#8657;</a></li>
<li id="ref6">Collier thought that Alleyn was only paid for revising older plays to make them more useful, not for writing new plays as noted in endnote 4 above.<a href="#fn6">&#8657;</a></li>
<li id="ref7">I have heard it said by some Oxfordians that &#34;tiger&#34; was a name given to child actors during Elizabethan times; but I have not seen the documentation and the closest definition the <em>OED</em> gives is:<br />
<blockquote><p>A smartly-liveried boy acting as groom or footman; formerly often provided with standing-room on a small platform behind the carriage, and a strap to hold on by; less strictly, an outdoor boy-servant. And the earliest date listed is 1817. </p></blockquote>
<p><a href="#fn7">&#8657;</a></li>
<li id="ref8">Much effort has been put into investigating the life and parentage of Greene, especially by the work of Brenda Richardson (160-180). Tracing back records in Norwich (where in <em>Groatsworth</em> Greene infers he was born) Richardson found two Robert Greenes, suitable for the period of time required. One was a saddler who did have two sons, and the other an innkeeper who only mentions one son in his will-perhaps agreeing with <em>Groatsworth</em> in the disinheritance of our writer. Carroll, however, reports that the life of Greene, as interpreted from <em>Groatsworth</em>, more consistently conforms to the life of Thomas Lodge (Chettle, 9).9 Nashe refers to Greene in his angry rebuttal of his authorship of <em>Groatsworth</em> (reported above) as well as in his 1593 <em>Four Letters Confuted</em>. Harvey&apos;s pertinent comments are also listed above in end note 2 from his <em>Four Letters and Certain Sonnets</em>. Meres also reported on Greene&apos;s death in his Palladis Tamia of 1598 where he stated Greene died of a surfeit of pickled herring and rheinish wine, repeating what Harvey had said in his <em>Four Letters and Certain Sonnets</em>. Also, it should be mentioned that Greene&apos;s book, <em>Planetomachia</em>, was dedicated to Leicester and there is a record of Leicester&apos;s payment to Greene for &#34;a book.&#34; 10 The history of the issue of &#34;plagiarism&#34; associated with <em>Groatsworth</em> is most interesting and has been thoroughly reviewed by the eminent Oxfordian, Gwynneth Bowen (1-8). She notes that the &#34;tyger&apos;s hart&#34; allusion to <em>True Tragedy</em> was first noted by Thomas Tyrwhitt in 1766 and that other borrowing took place on a &#34;colossal&#34; scale; but it was thought at that time the two &#34;Contention&#34; plays (<em>The First Part of the Contention betwixt the two famous Houses of Yorke and Lancaster</em> and <em>The True Tragedy of Richard Duke of Yorke</em>) were both written by Shakespeare (as noted earlier by Dr. Samuel Johnson) and were just poor copies of the Henry VI trilogy. In 1790, Edmund Malone disagreed saying that <em>2</em> and <em>3 Henry VI</em> were not &#34;originals&#34; by Shakespeare but were his revisions of the two anonymous Contention plays. He apparently was the first to claim that Greene was accusing Shakespeare of plagiarism with the &#34;upstart crow&#34; passage. Malone&apos;s theory apparently lasted 140 years until, as pointed out by Bowen, a 1929 book by Peter Alexander (<em>Shakespeare&apos;s Henry VI and Richard III</em>) changed opinions, reverting back to essentially what Johnson had said, the exception being that the &#34;upstart crow&#34; was the result of Greene&apos;s jealousy and &#34;beautified with our feathers&#34; referred to all the players. One can&apos;t help but wonder if the publication of Looney&apos;s work in 1920 might have influenced this change of orthodox opinion.<a href="#fn8">&#8657;</a></li>
</ol>
</div>
<h4>Bibliography </h4>
<p>Ackroyd, Peter. <em>Shakespeare: The Biography</em>. London: Chatto &#038; Windus, 2005. Anderson, Mark. <em>Shakespeare By Another Name</em>. New York: Penguin Books, 2005. Bowen, Gwynneth. <em>Purloined Plume</em>. Shakespeare Authorship Review. No. 26, Summer 1972.<br />
Carroll, D.Allen. &#34;The player-patron in Greene&apos;s <em>Groatsworth of Wit</em> (1592),&#34; Studies In Philology. Chapel Hill: Summer 1994. Vol.91, Iss. 3; p..301.<br />
Chambers, E.K. <em>William Shakespeare</em>. 2 Volumes. Oxford: Clarendon Press, 1930.<br />
Chettle, Henry and Greene, Robert. (D. Allen Carroll, editor). <em>Greene&apos;s Groatsworth of Wit</em>. Binghamton, New York: Medieval &#038; Renaissance Texts &#038; Studies, 1994.<br />
Collins, J. Churton. <em>The Plays and Poems of Robert Greene</em>. Oxford: Clarendon Press, 1905.<br />
Crosse, Henry. <em>Vertues Common-wealth</em>. (1603) Edited by A.B. Grosart, Manchester: Charles Sims, 1878.<br />
Crupi, Charles W. <em>Robert Greene</em>. Boston: Twayne, 1986<br />
Davis, F.M. William Shakspere, Oxford, <em>Elizabethan Actors and Playhouses</em> (Part One)The <em>Shakespeare Oxford Newsletter</em>, Vol.42:No.1. Winter 2006.<br />
Dixon, Jonathan. &#34;While counterfeit supposes bleared thine enes&#34; Intertextual Evidence for Shakspere as an authorship front man. <em>Shakespeare Matters</em>, Vol.4: No.2, Winter 2005.<br />
<em>&#34;The upstart Crow supposes&#34;</em>. <em>The Shakespeare Oxford Newsletter</em>, Spring, 2000. Encyclopedia Britannica, 11th edition, Vol XII. <em>The Life of Robert Greene</em> (c.15601592). Cambridge: Cambridge University Press, 1910.<br />
Erne, Lukas. Biography and Mythography: Rereading Chettle&apos;s Alleged Apology to Shakespeare. English Studies, No. 5, pp. 430-440, 1998.<br />
Fleay, F.G. <em>A Chronical History of the Life and Work of William Shakespeare</em>. London, 1886.<br />
Frazer, Winifred. <em>William Kempe as &#34;Upstart Crow&#34;</em>. The Upstart Crow a Shakespeare Journal, Clemson:Vol. XV, 1995.<br />
Green, Nina. <em>Edward De Vere Newsletter</em>, No.3. Kelowna, B.C: De Vere Press, May 1989.<br />
Greene, Robert. <em>Greene&apos;s Groatsworth of Witte</em> (Transcribed by R.S. Bear), Renascence Editions: University of Oregon, 2000.<br />
Greenblatt, Stephen. <em>Will In The World</em>. New York: W.W. Norton &#038; Co, 2004.<br />
Henslowe, Phillip and Collier, John P (editor). <em>The Diary of Philip Henslowe From 1591 To 1609</em>. London: Shoberl, 1845. Reprinted by Kessinger Publishing.<br />
Honan, Park. <em>Shakespeare A Life</em>. New York: Oxford University Press, 1998.<br />
Hughes, Stephanie Hopkins. <em>King of the Paper Stage</em>. As yet unpublished material, by personal communication, 2007.<br />
Ide, Arata. &#34;Robert Greene Nordovicensis, The Sadler&apos;s Son.&#34; <em>Notes and Queries</em>. Oxford: OUP, December 2006.<br />
Kunitz, Stanley and Haycraft, Howard. <em>British Authors Before 1800</em>. New York: H.W. Wilson Company, 1952.<br />
Lester, Dick. <em>Who Was the Upstart Crow?</em> Personal communication of his presentation at The Second Annual Edward de Vere Studies Conference. Portland, OR., 1998. .<br />
Looney, J. Thomas. <em>&#34;Shakespeare&#34; Identified in Edward De Vere and Oxfordian Vistas</em>.<br />
Ruth Lloyd Miller, editor. New York-London: Kinnikat Press, 3rd edition, 1975.<br />
Malim, Richard.<em> On Greene&apos;s <em>Groatsworth</em> of Wit</em>. http://www.sourcetext.com/sourcebook/essays/greene/malim.html.<br />
Neilson, William. <em>The Chief Elizabethan Dramatists</em>. Cambridge: Riverside Press, 1911.<br />
Ogburn, Charlton, Jr. <em>The Mysterious William Shakespeare</em>. McLean, VA.: EPM Publications, Second edition, 1992.<br />
Oxford Dictionary of National Biography.<em> Greene, Robert</em>, L.H. Newcomb. OUP, 2004.<br />
Price, Diana. <em>Shakespeare&apos;s Unorthodox Biography</em>. Westport Con.-London: Greenwood Press, 2001.<br />
Richardson, Brenda. &#34;Robert Greene&apos;s Yorkshire Connexions: A New Hypothesis.&#34;<em>The Yearbook of English Studies</em> 10, Leeds: Maney Pub., 1980.<br />
Schoenbaum, Samuel. William Shakespeare A Compact Documentary Life. New New York: American Library, 1986.<br />
Simpson, Richard. <em>The School of Shakespeare</em>. Two Volumes, Chatto and Windus, London, 1878. Republished, New York: AMS Press, 1973.<br />
Sobran, Joseph. <em>Alias Shakespeare</em>. New York: The Free Press, 1997.<br />
Ward, A.W. <em>Robert Greene</em>. English Prose, H. Craik, ed. New York: Macmillan and Co., 1893. Pg. 551-554 <br /> www.sourcetext.com/sourcebook/essays/greene/greene1.htm).<br />
Westley, Richard. <em>Computing Error: Reassessing Austin&apos;s Study of <em>Groatsworth</em> of Wit</em>. Literary and Linguistic Computing, Volume 21, No. 3, OUP, 2006. </p>
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		<title>Shakespeare, Oxford, and &#8220;A Pedlar&#8221;</title>
		<link>http://www.shakespeare-oxford.com/?p=866</link>
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		<pubDate>Sun, 08 May 2011 15:39:28 +0000</pubDate>
		<dc:creator>Smiley</dc:creator>
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		<description><![CDATA[James Fitzgerald You can always get a little more literature if you are willing to go a little closer into what has been left unsaid as unspeakable, just as you can always get a little more melon by going a little closer to the rind. Robert Frost The Oxford Book of English Verse, as one [...]]]></description>
			<content:encoded><![CDATA[<p>James Fitzgerald </p>
<hr />
<blockquote><p>
You can always get a little more literature<br />
if you are willing to go a little closer into<br />
what has been left unsaid as unspeakable,<br />
just as you can always get a little more<br />
melon by going a little closer to the rind. </p>
<p>Robert Frost
</p></blockquote>
<p><em>The Oxford Book of English Verse</em>, as one among several anthologies (<em>The Oxford Book of Sixteenth Century Verse, The Oxford Anthology of English Literature, The Viking Book of Poetry of the English Speaking World, The Norton Anthology of Poetry</em>), contains an anonymous poem that ought to be of great interest to those fascinated by the mystery of the true identity of William Shakespeare, and to all who love the works of Shakespeare. The poem has been suitably titled &#8220;A Pedlar&#8221; in <em>The Oxford Book of English Verse</em>, and so we shall refer to it. (But the corporeal seller of wares, him we shall refer to as a &#8220;peddler.&#8221;) </p>
<p>&#8220;A Pedlar&#8221; was first published in 1600, in John Dowland&#8217;s <em>Second Book of Songs or Airs</em>, where it was set to music. Dowland (l563.. 1626), was an English lutenist and composer, and immensely popular during his lifetime. </p>
<p>As we shall see, &#8220;A Pedlar&#8221; shows compelling links both to Shakespeare and to Edward de Vere, 17th Earl of Oxford. The text below is faithful to the punctuation, spelling and capitalization of the poem as it appears in the publication of 1600 (Pollard). The line numbers have been added to facilitate subsequent examination and discussion. </p>
<blockquote><p>
1 Fine knacks for ladies, cheap choice, brave and new!<br />
2 Good penniworths! But mony can..not move,<br />
3 I keepe a faier but for the faier to view,<br />
4 a begger may be liberall of love,<br />
5 Though all my wares bee trash the hart is true,<br />
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;the hart is true,<br />
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;the hart is true. </p>
<p>6 Great gifts are guiles and looke for gifts againe,<br />
7 My trifles come as treasures from my minde,<br />
8 It is a precious Jewell to bee plaine,<br />
9 Sometimes in shell th &#8216; orienst pearles we finde,<br />
10 Of others take a sheafe, of mee a graine,<br />
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Of mee a graine,<br />
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Of mee a graine. </p>
<p>11 Within this packe pinnes points laces &#038; gloves,<br />
12 And divers toies fitting a country faier,<br />
13 But [in] my hart, where duety serves and loves,<br />
14 Turtels &#038; twins, courts brood, a heavenly paier,<br />
15 Happy the hart that thincks of no removes,<br />
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Of no removes,<br />
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Of no removes.
</p></blockquote>
<p>The poem begins with the hawking shout of a peddler; but in line 2 we read that &#8220;mony can.. not move&#8221; his &#8220;fine knacks.&#8221; If his physical inventory cannot be purchased, even though it possesses value&#8212;the (figurative) &#8220;good penniworths&#8221;&#8212;it must be metaphorical, and the song, by implication, laden with a hidden meaning. Straight away we are tipped off that things are not to be as they first appear. </p>
<p>In line 3 the peddler turns into-the keeper of a fair, keeping it only for the &#8220;faier to view.&#8221; The second &#8220;faier&#8221; should alert the experienced reader of Shakespeare. The Fair Youth of the Sonnets comes quickly to mind. But beyond that, there is the great potency and widespread use of &#8220;fair&#8221; throughout the works of Shakespeare. Line 4 presents a third occupation, if beggary be regarded as such. Then line 5, with its reference to &#8220;wares,&#8221; makes of the stanza a small ring composition, by looking back to the peddler&#8217;s &#8220;fine knacks&#8221; in line 1. </p>
<p>An atmosphere of bitter irony and resignation sours the fair of the first stanza. The author, reacting to some misfortune, casts about for images that will convey a profound disappointment he has experienced, in effect soliloquizing: &#8220;What am I, a peddler?&#8221; &#8220;What am I, a fair keeper?&#8221; &#8220;What am I, a beggar?&#8221; (Although the word &#8220;peddle&#8221;r itself does not appear in the poem, it is so strongly implied that we may treat it as substantially present.) As they are metaphors, the author does not engage in these occupations, except in a symbolic and self, condemning way. Line 4 informs us that he perceives himself as impoverished, although obviously no genuine street beggar is speaking to us here. The acerbity behind the &#8220;liberality of love&#8221; hints at the need of the financially pinched to be accommodating, at the cost of pride. Such chafing at penury conforms to Oxford&#8217;s nearly lifelong financial difficulties. </p>
<p>Let us look by way of comparison at Sonnet 66 of Shakespeare, which begins with the following three lines: </p>
<blockquote><p>
Tired with all these, for restful death I cry,<br />
As, to behold desert a beggar born,<br />
And needy nothing trimmed in jollity.
</p></blockquote>
<p>Then nine lines more ensue, conceived in grief and rage, commencing each time with the famously anaphoric &#8220;And,&#8221; until the ending couplet brings a merciful conclusion to this register of injury and offense. </p>
<p>But what heads the list after the cry for death? An image of destitution. The living realities provoking the verses in each poem are lack of funds, for which &#8220;beggar&#8221; in both, &#8220;needy nothing&#8221; in Sonnet 66; misvaluation of the author&#8217;s works, for which &#8220;desert a beggar born&#8221; stands in the Sonnet, and &#8220;though all my wares bee trash&#8221; in &#8220;A Pedlar&#8221;; and lastly, the enforced pretense of a cheerful mien, for which &#8220;needy nothing trimmed in jollity&#8221; in the Sonnet, and in &#8220;A Pedlar&#8221; the very notion of the &#8220;faier&#8221; in line 3, with its attendant associations of merriment and good times. </p>
<p><em>The Harvard Concordance to Shakespeare </em>cites ten uses of &#8220;peddler&#8221; as a noun. Fully six of these occur in <em>The Winter&#8217;s Tale</em>. The verb &#8220;peddle&#8221; is not used by Shakespeare. By comparison, the Concordance cites an astonishing 274 instances of &#8220;beg(gar)&#8221; as a singleton or in combinatory form. What does this huge disparity in the frequency of use between &#8220;peddler&#8221; in Shakespeare signify to us, if &#8220;A Pedlar&#8221; is from the hand of Shakespeare?&#8212;that the figure of the peddler is a deliberate creation, whereas the numerous images of beggary spring into the writer&#8217;s consciousness reflexively? The sudden appearance of the beggar in line 4 in &#8220;A Pedlar&#8221; looks very like that sort of unconscious irruption, as it is completely unconnected to the preceding line. &#8220;A Pedlar&#8221; is sonnet, like in its length of 15 lines, exceeding the sonnet by one, and in its unsonglike meter, iambic pentameter. I am unaware of any song in the Shakespeare canon written in iambic pentameter, which leads me to suppose that &#8220;A Pedlar&#8221;  was first written as a poem, psychologically almost a kind of sonnet, in light of its confessional nature. It might then have passed into the hands of John Dowland, who could have set it to music. Oxford as a composer in his own right could also have composed the music. This is an issue for musicians to settle, if sufficient of de Vere&#8217;s music remains to warrant comparison against &#8220;A Pedlar&#8221; and the body of Dowland&#8217;s acknowledged compositions. </p>
<p>Line 4, &#8220;a beggar may be liberall of love,&#8221; appears almost verbatim in <em>Henry VIII</em>, &#8220;Where you are liberal of your loves and counsels&#8221; (2.1.126. Note: all emphases in quoted passages below have been added by the author). In line 5 the poet catches himself in the midst of his angry ruminations and deftly closes off the stanza with an elegant return to the implied opening figure of the song, the peddler. But what a change! The &#8220;fine knacks&#8221; in the peddler&#8217;s pack in line 1 have turned to trash in line 5. Yet may not those ironical knacks have been trash from the beginning, and all of line 1 a pose? </p>
<p>Let us assay an illumination of the first stanza of &#8220;A Pedlar,&#8221; supposing Oxford as Shakespeare as its author. The &#8220;ladies&#8221; of line 1 may be interpreted as an allusion to Elizabeth and the noble women at court. The &#8220;fine knacks&#8221; become the presentations and performances there of Oxford&#8217;s dramatic works. In this vein, the &#8220;faier to view&#8221; of line 3 would be consistent with a staged spectacle. The symbols fit. The peddler is openly ambivalent about the worth of his goods. Likewise, from the Sonnets we know that such was Shakespeare &#8216;s troubled state of mind with regard to his own creations. Set side by side, for example, &#8220;For I am shamed by that which I bring forth&#8221; (72.13) and &#8220;Not marble, nor the gilded monuments / Of princes, shall outlive this powerful rhyme&#8221; (55.12). </p>
<p>&#8220;Though all my wares bee trash, the hart is true.&#8221; The language in line 5 is familiar. A favored term of Shakespeare for &#8220;trashing&#8221; something is &#8220;trash&#8221;: &#8220;Who steals my purse steals trash,&#8221; <em>Othello</em> (3.3.157); &#8220;What trash is Rome,&#8221; <em>Julius Caesar</em> (1.3.108). The like is also true for &#8220;true&#8221; in two striking passages from <em>Troilus and Cressida</em>: &#8220;And what truth can speak truest not truer than Troilus?&#8221; (3.2.100); &#8220;But alas, / I am as true as truth&#8217;s simplicity&#8221; (3.2.170). </p>
<p>A year before his death, in a letter written in 1603 to Robert Cecil (Fowler 771), Oxford restates in a moving passage this constant concern for and devotion to truth: &#8220;but I hope truth is subject to no prescription, for truth is truth though never so old, and time cannot make that false which once was true.&#8221; Shakespeare shows exact parallels. In <em>Measure for Measure</em>: &#8220;for truth is truth to the end of knowing&#8221; (5.1.45). In King John: &#8220;but truth is truth&#8221; (1.1.105). In <em>Henry IV, Part I</em>: &#8220;is not the truth the truth?&#8221; (2.4.230). </p>
<p>While &#8220;trash&#8221; and &#8220;true&#8221; are antithetical in meaning and thought, they are at the same time knit together, like &#8220;trick or treat,&#8221; in the number of syllables they contain, and, more conspicuously, in their initial &#8220;tr&#8221; sounds. We can leap ahead here and cite the identical technique in line 6 with &#8220;gifts&#8221; and &#8220;guiles,&#8221; and in line 7 with &#8220;trifles&#8221; and &#8220;treasures.&#8221; One can, with a stretch, also include in this category the &#8220;faier&#8221; and &#8220;faier&#8221; of line 3. Such word play bespeaks a mind fascinated with the fusion of paired ironies and antitheses within an alliterative, hence unifying, vocabulary. The paradoxical nature of these pairs is the source of much of the poem&#8217;s power. The reader&#8217;s mind can never come entirely to rest in them; like atoms, they vibrate endlessly. They seem the natural expressions of a rueful, poetic, compendious, and reflective intellect. </p>
<p>In line 6 of the second stanza an allusion appears to the practiced insincerities of power politics. &#8220;Great gifts,&#8221; to wit: expensive objects or substantial bribes employed as tools of policy-&#8221;guiles,&#8221; in other words-can only have been available at the highest levels of society, Oxford&#8217;s milieu. Line 7 extends this conceit. The &#8220;Great gifts&#8221; of others are pointedly contrasted to the author&#8217;s trifles, as &#8220;Great gifts&#8221; heads up line 6, and &#8220;My trifles&#8221; line 7. They give great gifts. I can afford only trifles. But these trifles are treasures. Extending the Oxfordian conjecture, &#8220;trifles&#8221; consorts naturally with &#8220;knacks&#8221; and &#8220;wares&#8221; as standing for Oxford&#8217;s dramatic works; and observe once more the same ambivalence that attended &#8220;fine knacks&#8221; and &#8220;wares [of] trash.&#8221; </p>
<p>Line 7, my &#8220;trifles come as treasures from my mind,&#8221; is closely related by a kind of conceptual inversion to line 3 in Sonnet 110, which is given here with lines 1 and 2: </p>
<blockquote><p>
Alas &#8217;tis true I have gone here and there<br />
And made myself a motley to the view,<br />
Gored my own thoughts, sold cheap what is most dear.
</p></blockquote>
<p>&#8220;Thoughts&#8221; come from the &#8220;mind,&#8221; &#8220;cheap&#8221; is the value of &#8220;trifles&#8221;; &#8220;dear&#8221; is the appraisal of &#8220;treasures.&#8221; Line 3 of Sonnet 110 may be read as the debasement that a grubbing peddler would inflict upon line 7 of &#8220;A Pedlar.&#8221; Selling cheap what is most dear puts us in mind as well of the wares of line 5 in &#8220;A Pedlar,&#8221; which may be only trash. Making a spectacle of one&#8217; self, &#8220;a motley to the view,&#8221; if you will, recalls to us line 3 of &#8220;A Pedlar,&#8221; with its fair to divert the eye, and its sardonic fairkeeper. </p>
<p>In <em>Venus and Adonis</em> Shakespeare also shows us a collocation of &#8220;treasure&#8221; and &#8220;trifle&#8221;: </p>
<blockquote><p>
Fie, fie fond love, thou art as full of fear<br />
As one with treasure laden, hemmed with thieves;<br />
Trifles unwitnessed with eye or ear,<br />
Thy coward heart with false bethinking grieves (11.1021,24).
</p></blockquote>
<p>As &#8220;A Pedlar&#8221; is a song of fifteen lines, line 8 marks the midpoint. Lines 1 through 7 describe a crescendo of tension and elevation of subject, commencing at the lowly station of peddler and rising up into the Court in line 6, and from there into the author&#8217;s own consciousness in line 7. At last the strain of paradox, which has built from line 1, is released, the pressure dissipates, and line 8 springs forth from the author&#8217;s mind as half .. remedy, half .. yearning: &#8220;It is a precious Jewell to bee plaine.&#8221; </p>
<p>The locution &#8220;precious jewel&#8221; can be found four times in Shakespeare. Once in Sonnet 131: &#8220;Thou art the fairest and most precious jewel.&#8221; Once in <em>The Merchant of Venice</em>: &#8220;in that, and other precious, precious jewels&#8221; (3.1.87). Once in <em>Venus and Adonis</em>: &#8220;as one that unaware / Hath dropped a precious jewel in the flood&#8221; (824). But most memorably in the words of Duke Senior in <em>As You Like It</em>: </p>
<blockquote><p>
Sweet are the uses of adversity,<br />
Which, like the toad, ugly and venomous,<br />
Wears yet a precious jewel in his head. (2.1.12.-14)
</p></blockquote>
<p>Before passing on, observe that Sonnet 48 brings together &#8220;jewel&#8221; and &#8220;trifle&#8221;: &#8220;But thou to whom my jewels trifles are.&#8221; </p>
<p>Line 9 is enigmatic; it seems to advise us that the rough or common exterior of a thing may conceal a pearl, in both the literal and figurative senses. &#8220;Th&#8217;orienst pearls&#8221; is odd. I read it as a clever superlative formed for the nonce and the meter, and meaning &#8220;the pearls from furthest east&#8221;; therefore, the most exotic pearls, the most valuable pearls, the rarest pearls. </p>
<p>It should be noted that none of the editors of the cited anthologies could stand the success of &#8220;th&#8217;orienst pearls.&#8221; They either modified the expression to the contextually less meaningful &#8220;the orient pearls&#8221;; or dismayed, one must suppose, at the novel accent on the neologistic &#8220;th&#8217; orienst,&#8221; supplied instead the conventionally accented but unpronounceable &#8220;the orient&#8217;st.&#8221; In any case, the almost identical phrase &#8220;orient pearl(s)&#8221; was at home in Shakespeare, turning up four times. In <em>A Midsummer Night &#8216;s Dream</em>: &#8220;Was wont to swell like round and orient pearls&#8221; (4.1.54). In <em>Richard III</em>: &#8220;Shall come again, transformed to orient pearl&#8221; (4.4.322). In <em>Antony and Cleopatra</em>: &#8220;the last of many doubled kisses .. / This orient pearl&#8221; (1.5.41). In<em> The Passionate Pilgrim</em>: &#8220;Bright orient pearl alack too timely shaded&#8221; (10.3). Let us compare line 9 and lines 981 .. 82 from <em>Venus and Adonis</em>: </p>
<blockquote><p>
Sometimes in shell th &#8216;orienst pearls we finde.<br />
Being prisoned in her eye, like pearls in glass;<br />
Yet sometimes falls an orient drop beside.
</p></blockquote>
<p>The one poem has pearls in glass; the other, pearls in shell. In each case the pearls are &#8220;orient.&#8221; Lines 9 and 982 seem more than accidentally connected. &#8220;Sometimes&#8221; and &#8220;orient&#8221; are present in both lines. The final two syllables of each line, &#8220;we finde&#8221; / &#8220;beside,&#8221; show consecutive, parallel long .. e and long .. i sounds. </p>
<p>In line 10, why does the author suggest to us that we take less of him than of others? This line, too, is difficult to plumb. Lines 8, 9, and 10 each contains something that is small and valuable; respectively a jewel, a pearl, a grain. A sense of concealment is also present among the three. The first two stanzas of &#8220;A Pedlar&#8221; are foreshadowed, both in theme and language, by a passage in Oxford&#8217;s eloquent prefatory letter of 1573 to Thomas Bedingfield&#8217;s translation from the Latin, which Oxford had commissioned, of <em>Cardanus Comfort</em>. Oxford was then 23 years old. In the letter (Fowler 119), Oxford has dilated upon the admonition that talents not be kept hidden, and upon the primacy of &#8220;virtue&#8221; among the public attributes of a gentleman. &#8220;And in mine opinion,&#8221; he further declares, &#8220;as it beautifieth a fair woman to be decked with pearls and precious stones, so much the more it ornifieth a gentleman to be furnished in mind with glittering virtues.&#8221; </p>
<p>The Bedingfield letter and &#8220;A Pedlar&#8221; both treat of the ornamentation of women. In &#8220;A Pedlar&#8221; the theme is laced with irony, whereas in the letter it introduces the first part of a straightforward comparison with the accoutrements of a gentleman, which may imply an earlier date of composition for the latter. The second half of the Bedingfield sentence, &#8220;so much the more it ornifieth a gentleman to be furnished in mind with glittering virtues,&#8221; amounts to line 7 in &#8220;A Pedlar&#8221; wrought in prose. The &#8220;glittering&#8221; in &#8220;glittering virtues&#8221; implies the metaphor of virtues as adornments of precious stones or metals. They resemble the ambiguous &#8220;trifles&#8221; of line 7 of &#8220;A Pedlar,&#8221; which we may interpret as standing for Oxford&#8217;s literary works and which &#8220;come as treasures from [the] mind.&#8221; </p>
<p>From the aspect of structure and syntax, the unique personal tone of &#8220;A Pedlar&#8221; derives from its pronounced parataxis; that is, &#8220;the placing of related clauses &#8230; in a series without the use of connecting words&#8221; (Webster&#8217;s). Parataxis is the mode of internal thought and of unstudied speech and conversation, wherein mental constructions are simply added one to the next without great attention being paid to the relationships between the constituent elements. Much of the extraordinary immediacy of the song results from this seeming artless, non sequitur laden, everyday quality. The Sonnets achieve the same, or an even greater, depth of intimacy, but because of their more formal, rhetorical structure, cause us to keep a more respectful distance. </p>
<p>In the third stanza, lines 11 and 12 comprise one unit of thought and constitute the second and larger of the two ring compositions present in the song. &#8220;Packe,&#8221; in line 11, strikingly alliterative with &#8220;pinnes&#8221; and &#8220;points,&#8221; implies the return of the peddler while echoing the sound of &#8220;knacks&#8221; from line 1. But of course we understand that the peddler is not real, and the list of his goods a beguiling whimsy. There is no country fair, except in the figurative image of it. </p>
<p>Line 13 presents a sudden change of subject. (Note: in line 13 I fall in with the anthologies, supplying the bracketed [in] at &#8220;But [in] my heart.&#8221; Metrically, it appears that a word has fallen out, and the insertion of &#8220;in&#8221; mends both the meter and the sense.} The author begins to speak of himself personally, and of what is in his heart &#8220;where duty serves and loves&#8221;: namely, &#8220;turtles and twins.&#8221; Some connection is maintained with lines 11 and 12, as the heart is being compared to the pack on the common basis that both have contents. The pack, which is a fiction, holds items of potential reality. The heart, on the other hand, which is real and beating, contains only symbols. Lines 13 and 14 demonstrate unmistakable affinities with <em>The Phoenix and the Turtle</em> of Shakespeare. The &#8220;turtle&#8221; (dove) appears in both poems. &#8220;Twins&#8221; appears in &#8220;A Pedlar,&#8221; while <em>The Phoenix and the Turtle</em> itself stands a hymn to twinning and the concept of two in one, as we read in stanza 7: </p>
<blockquote><p>
So they loved as love in twain<br />
Had the essence but in one,<br />
Two distincts, Division none,<br />
Number there in love was slain.
</p></blockquote>
<p>The <em>Oxford Anthology of English Literature </em>provides a useful explication of line 14 in &#8220;A Pedlar&#8221;: &#8220;turtle-doves and the &#8216;heavenly pair&#8217; of twins Castor and Pollux of the constellation Gemini were emblems of true love and constancy; the latter were the &#8216;brood&#8217; of Jove as the swan, and Leda&#8221; (Kermode 615, fn). Shakespeare, to whom the tales of classical mythology were second nature, would have heard these resonances as he com, posed the line. The commentator in the Oxford Anthology is very likely right, as far as he goes. He has, however, discreetly passed over &#8220;courts&#8221; in the expression &#8220;courts brood.&#8221; This omission is serious from the Oxfordian standpoint. &#8220;Courts&#8221; anchors the line in Tudor England with an imagery paralleling the classical antecedents of Castor and Pollux. Would Oxford, as&#8217; Shakespeare have written so? Goethe implicitly says yes when he declares that &#8220;the very finest symbols are those which allow a multiple interpretation, while the visible object portrayed always remains the same&#8221; (Goethe cited by Karl Victor in Ogburn <em>Star</em> 236, fn). </p>
<p> The final line and tender suspiration of &#8220;A Pedlar,&#8221; &#8220;Happy the heart that thinks of no removes,&#8221; can be heard in the thought and language in stanza 8, line 1, of <em>Phoenix and Turtle</em>: &#8220;Hearts remote, yet not asunder.&#8221; It finds an echo in Sonnet 25: &#8220;Then happy I, that love and am beloved / Where I may not remove or be removed&#8221;; and also in Sonnet 116, which declares that love (the activity of the heart) does not &#8220;bend with the remover to remove.&#8221; </p>
<p>Let us now move to the final stanza of the threnody of <em>Phoenix and Turtle</em>: </p>
<blockquote><p>
To this urn let those repair,<br />
That are either true or fair<br />
for these dead Birds, sigh a prayer.
</p></blockquote>
<p>The author of &#8220;A Pedlar&#8221; has also used those hallmark Shakespearean words &#8220;true&#8221; and &#8220;fair&#8221; with Shakespeare&#8217;s characteristic proximity and profound import: </p>
<blockquote><p>
I keep a faier but for the faier to view &#8230;<br />
Though all my wares be trash, the hart is true.
</p></blockquote>
<p>And, lastly, to cite as well lines 9 and 10 from Sonnet 105:  </p>
<blockquote><p>
Fair, kind, and true is all my argument,<br />
Fair, kind, and true, varying to other words.
</p></blockquote>
<p>I submit for consideration the likelihood that one man is the author of all three passages. </p>
<p>Someone has remarked that in Shakespeare all dogs are curs. The peddler fares not much better in the Poet&#8217;s esteem, as we shall see in the following scenes. </p>
<p>In <em>Richard III</em>, when Earl Rivers swears to Richard as yet Duke of Gloucester that he would follow Richard faithfully if he were king, Richard responds, &#8220;If I should be? I had rather be a peddler&#8221; (1.3.148). In the Induction (2.19..21) to <em>The Taming of the Shrew</em>, Christopher Sly, seen among Oxfordians as a burlesque of William Shakspere of Stratford, is taxed as to his identity by a lord (Ogburn <em>Shakespeare</em> 102..08). Sly answers, &#8220;What, would you make me mad? Am I not Christopher Sly, old Sly&#8217;s son of Burton-heath, by birth a peddler, by education a cardmaker, etc.?&#8221; </p>
<p>In <em>Love&#8217;s Labor&#8217;s Lost</em>, Biron scoffs at the departing Boyet:</p>
<blockquote><p>
This fellow pecks up wit, as pigeons peas,<br />
And utters it again when God doth please.<br />
He is wit&#8217;s peddler, and retails his wares,<br />
At wakes and wassails, meetings, markets, fairs. (5.2.315,18)
</p></blockquote>
<p>Biron gives us &#8220;peddler,&#8221; &#8220;wares,&#8221; and &#8220;fairs,&#8221; and possibly a prefigurement of &#8220;A Pedlar.&#8221; In the Oxfordian attribution, <em>Love&#8217;s Labor&#8217;s Lost </em>was an exuberant product of Oxford&#8217;s young manhood (Clark 223..38). During reveries of self-inculpation and regret, Oxford in his later years may have flayed his performance in life as that of a Boyet, and, sucking on aching tooth, turned the theme against himself in the first stanza of &#8220;A Pedlar.&#8221; </p>
<p>The commentator in <em>The Oxford Anthology of English Literature</em>, in his remarks on &#8220;A Pedlar,&#8221; describes it as &#8220;a magnificent poem, exemplifying a common genre,&#8221; and directs us by way of exemplification to Autolycus&#8217;s songs in The Winter&#8217;s Tale. He also observes that in &#8220;A Pedlar,&#8221; &#8220;an uncharacteristic elevation of the plain over the fancy arises&#8221; {Kermode 615, fn}. The fifth ode in Horace&#8217;s First Book of Odes is a famous advocacy of this esthetic philosophy. Ben Jonson takes from the Horatian ode a half-line, simplex munditiis, that is, &#8220;simple, or plain, in [thine] elegance,&#8221; to entitle a poem of his own on the same theme. But, as we shall explore below, the Oxfordian school of authorship produces a parallel and deeper meaning, which was the touchstone to Goethe of great art. </p>
<p>Let us examine more closely the editor&#8217;s comment that &#8220;A Pedlar&#8221; is noteworthy for &#8220;an uncharacteristic elevation of the plain over the fancy.&#8221; Logic compels &#8220;precious Jewell&#8221; to be metaphor, as a physical object cannot also be a non, material condition. A precious jewel may be a bauble, a trinket, a gem; but it cannot, for reason of its materiality, partake directly in a non-material condition, &#8220;plainness.&#8221; The logical order of thought must run, &#8220;to be plain is a precious jewel,&#8221; with the inversion explained in the author&#8217;s desire to begin the line with the drama of the jewel image and to complete it with the surprising equivalence of &#8220;plainness.&#8221; </p>
<p> What is he telling us, then, about the nature of plainness if we grant that some quality in the condition of plainness has governed the author&#8217;s decision to equate it at the level of metaphor to a precious jewel? If the author is merely ringing a change on the ancient and Horatian theme that an unembellished Jane can exceed in comeliness a dolled-up Joan, line 8 comes across as hyperbolic and trite, in making &#8220;a precious Jewell&#8221; of a transient condition and disputable esthetic of beauty, in its &#8220;uncharacteristic elevation&#8221; of Jane over Joan. The choice of simplicity of toilette as the meaning to attach to &#8220;plaine in line 8 appears at best incomplete. </p>
<p>However, there is another common meaning to plain, the sense of being plain of speech, which is the expression of the unfeigning heart. In line 8 of &#8220;A Pedlar,&#8221; a case can be made for the proposition that the author had in mind &#8220;plain&#8221; in the sense &#8220;to speak plainly,&#8221; with its implication of also being able to speak freely; for to be muzzled and thus unable to speak plainly, and freely, is surely to be deprived of &#8220;a precious Jewell.&#8221; Or as Jaques puts it to Duke Senior, &#8220;Give me leave to speak my mind.&#8221; It behooves us now to look back at the lines from As You Like It cited above: </p>
<blockquote><p>
Sweet are the uses of adversity,<br />
Which like the toad, ugly and venomous,<br />
Wears yet a precious jewel in his head.
</p></blockquote>
<p>Let us now see how the notion of &#8220;precious jewel&#8221; in the lines from<em> As You Like It</em> bears a similarity to the application of that image in line 8 of &#8220;A Pedlar&#8221;: &#8220;It is a precious Jewell to be plaine.&#8221; </p>
<p>Duke Senior declares in effect: &#8220;the use of adversity is a precious jewel&#8221;; in <em>As You Like It</em>, a mis- or un-prized non-material condition, adversity, is being likened to a precious jewel. The plainness in &#8220;A Pedlar&#8221; is an unvalued plainness to the degree that the observer fails to grasp its concealed reference to plain, free, and unimpeded speech, which in a just evaluation must be accounted &#8220;a precious jewel.&#8221; The symbolic &#8220;sweet&#8221; value of the uses of adversity, like plainness of speech sure to be overlooked by the uninsightful, is &#8220;a precious jewel&#8221; within its &#8220;ugly&#8221; setting of bleak adversity, the metaphoric image of the carbuncled toad. </p>
<p>Lines 4.4.101,08 from <em>Troilus and Cressida</em> may shed further light upon the concept of plainness in &#8220;A Pedlar&#8221; and why its author should account it &#8220;a precious Jewell.&#8221; To test it for suitability in Troilus, line 8 from &#8220;A Pedlar&#8221; has been inserted between lines 106 and 107. </p>
<blockquote><p>
Cressida: My lord, will you be true?  </p>
<p>Troilus: Who? I? Alas it is my vice, my fault.<br />
Whiles others fish with craft for great opinion,<br />
I with great truth catch mere simplicity;<br />
Whilst some with cunning gild their copper crowns,<br />
With truth and plainness I do wear mine bare.<br />
[It is a precious Jewell to be plaine.]<br />
Fear not my truth; the moral of my wit<br />
Is &#8220;plain and true&#8221;-there&#8217;s all the reach of it.
</p></blockquote>
<p>Cressida asks Troilus if he will be &#8220;true,&#8221; which in the context can only mean, &#8220;will you be loyal? will you be faithful?&#8221; In Troilus&#8217;s response, &#8220;true&#8221; or &#8220;truth&#8221; occurs four times, but with ambiguity or duality of meaning. In Shakespeare, the noun form &#8220;truth&#8221; with the sense of &#8220;fidelity&#8221; can be still be found, although it was probably becoming obsolete (as in Cymbeline, 5.5.127: &#8220;Briefly die their joys / that place them on the truth of girls and boys&#8221;). &#8220;Truth&#8221; with the exclusive meaning of &#8220;veracity&#8221; lies in the future. </p>
<p>In these same seven lines we also come upon &#8220;plainness&#8221; and &#8220;plain.&#8221; In the speech of Troilus, &#8220;plain&#8221; comes yoked with &#8220;true,&#8221; and &#8220;plainness&#8221; with &#8220;truth.&#8221; With &#8220;plain&#8221; and &#8220;plainness&#8221; so closely joined to the forms of &#8220;true,&#8221; what else can they be but the &#8220;plain&#8221; of direct, true-speaking language, the hidden essence of &#8220;plaine&#8221; in line 8 of &#8220;A Pedlar.&#8221; If any&#8217; thing, the word &#8220;plain&#8221; in this context of Troilus is even less likely to be an allusion to physical appearance than it was in &#8220;A Pedlar.&#8221; Troilus can only mean that he is plain speaking; not only is he loyal, he also tells the truth. </p>
<p>Line 8 from &#8220;A Pedlar&#8221; disappears into the speech of Troilus without a ripple. Both make common use of the image of costly ornament, whether real or &#8220;gilded,&#8221; as metaphor. Both attach the significance of &#8220;plain-speaking&#8221; to &#8220;plain.&#8221; Not only do Shakespeare and the author of &#8220;A Pedlar&#8221; attach an identical denotation to &#8220;plain,&#8221; they both offer an uncommon veneration of this humble and homely virtue. Troilus tells us that &#8220;the moral of my wit is &#8216;plain and true.&#8217;&#8221; Plainness is raised up with truth as the joint guides of conscience and intellect. No less a votary, the author of &#8220;A Pedlar&#8221; makes of plainness &#8220;a precious Jewell.&#8221; </p>
<p>In <em>King Lear</em>, aggrieved that Cordelia will not vociferate her devotion to him beyond the acknowledgement of her filial bond, Lear complains, &#8220;So young and yet so un tender ?&#8221; ( 1.1.108). Cordelia responds: </p>
<blockquote><p>
So young, my lord, and true. (1.1.109)
</p></blockquote>
<p>Lear, enraged now, divides Cordelia&#8217;s third of the kingdom between Goneril and Regan, while declaring of Cordelia: </p>
<blockquote><p>
Let pride, which she calls plainness, marry her. (1.1.131)
</p></blockquote>
<p>For the second time, &#8220;truth&#8221; and &#8220;plainness&#8221; are conjoined in a character: Cordelia. To her.. self Cordelia imputes &#8220;trueness.&#8221; But it is Lear, foolish Lear, who, in mistaking honesty for pridefulness and flattery for devotion, attributes &#8220;plainness&#8221; to Cordelia. &#8220;Plainness&#8221; is never heard on Cordelia&#8217;s lips; rather, it is an imputation on the part of Lear. And the nature of the play can only make of Cordelia&#8217;s &#8220;plainness&#8221; a spiritual property of the highest order. Too late will Lear discover the wisdom of the author of &#8220;A Pedlar&#8221;: &#8220;It is a precious Jewell to be plaine.&#8221; </p>
<p>In the fool of King Lear, as also in Cordelia, we may discover the perfection of Troilus, although that insight would hardly please the proud Trojan prince. For the fool, in his high office of Fool, fuses both senses of &#8220;truth&#8221; together, when, like Cordelia, in speaking true, he is true. Verum dicere, verus esse. </p>
<p>In the correspondences between the speech of Troilus and &#8220;A Pedlar,&#8221; the use both authors make&#8212;if two authors there be&#8212;of the idea of the counterfeit is worth examination. In &#8220;A Pedlar&#8221; we read in line 6 that &#8220;great gifts are guiles and look for gifts againe,&#8221; which is to say they are fraudulent, counterfeit, as a genuine gift seeks no recompense. In 4.4.105 of Troilus, Shakespeare, punning on the dual meaning of crowns as coins and regal headgear, creates a literal image of counterfeiting: &#8220;Whilst some with cunning gild their copper crowns.&#8221; </p>
<p>Let us now direct our attention to three couplets: </p>
<blockquote><p>
&#8220;A Pedlar&#8221; (2.6.. 7):</p>
<p>Great gifts are guiles and looke for gifts againe,<br />
My trifles come as treasure from my mind.
</p></blockquote>
<blockquote><p>
Troilus (4.4.103..04): </p>
<p>Whiles others fish with craft for great opinion,<br />
I with great truth catch mere simplicity.
</p></blockquote>
<blockquote><p>
Troilus (4.4.105..06):  </p>
<p>Whilst some with cunning gild their copper crowns,<br />
With truth and plainness I do wear mine bare.
</p></blockquote>
<p>Note how in the first line of each couplet the authors cite in one way or another the conscious deceptions or stratagems of others. In line 6 of &#8220;A Pedlar&#8221; and line 103 of Troilus, enormity, in its precise denotation of enlarged wickedness, is injected, in the expressions &#8220;great gifts&#8221; and &#8220;great opinion.&#8221; In the second lines of the three couplets the authors contrast themselves or their works to the unidentified schemers or machiavels of the first lines in terms of their own relatively lesser size, but greater honesty or true worth, or both. </p>
<p>From the accumulated, foregoing evidence, I submit it for a likelihood that one man is the author of the three passages discussed above. </p>
<p>We close with a look at that confidence man and songster, Autolycus of <em>The Winter&#8217;s Tale</em>. </p>
<p>Autolycus is as deficient in verisimilitude as the peddler in &#8220;A Pedlar.&#8221; His inventory of goods in Act IV Scene 4 is absurdly extensive and costly. His peddlership is an imposture; the fellow is a thief, and by his own admission, his &#8220;revenue the silly cheat&#8221;; that is, the gullible victim. The Elizabethans were incorrigibly given to word play, to an extent unpracticed and unconceived today. If one reads the works of Shakespeare as written by Oxford, while keeping in mind the obsession of the age for <em>jeux de mots</em>, there are pregnant moments when &#8220;ever&#8221; seems a pun on &#8220;E. Ver[e], &#8220;Edward (de) Vere. &#8220;Ever&#8221; also anagrammatizes &#8220;Vere.&#8221; </p>
<p>Autolycus, pretending to be at death&#8217;s door, the better to snare a victim, cries out, &#8220;0, that ever I was born!&#8221; (4.3.51). A study of Autolycus&#8217;s lament produces equal parts amusement and logic. If we let &#8220;ever&#8221; stand for Edward de Vere, and the exclamation, &#8220;0&#8243; for the man&#8217;s title, (Earl of) Oxford, we have his primary appellations and the order in which he acquired them: born de Vere, he took the title Oxford only on the death of his father. Might it not be that the raffish Autolycus is Oxford&#8217;s portrayal of the merryandrew side of his own personality? Granted, as an argument this is not the entree; still, it seems harmless enough to set it on the groaning board of dialectic as evidence, with a role commensurate to that of chutney at the feast. </p>
<p>In his early twenties Oxford may have been involved in a prankish highway robbery at Gad&#8217;s Hill. Oxfordians advance the proposition that this real incident was the source for the robbery scene at Gad&#8217;s Hill involving Prince Hal and Falstaff in <em>Henry IV, Part I </em>(Ogburn<em> Star </em>77). If Oxford was anything like Hal and accustomed to running with the hounds and run, ning with the hare, a reasonable conjecture in light of his life,long association with the demi, monde of the theater, the perception of Autolycus as an aspect of Oxford&#8217;s psyche gains force. </p>
<p>The evidence of linkage between the Shakespeare character Autolycus and &#8220;A Pedlar&#8221; is recognized. The inference that &#8220;A Pedlar&#8221; may be from the hand of Shakespeare is supported by numerous and persuasive textual similarities. Written by an anonymous author, &#8220;A Pedlar&#8221; remains a mysterious beauty. However, if we attribute it to Shakespeare, and then place the mantle of Shakespeare&#8217;s identity upon the shoulders of Edward de Vere, 17th Earl of Oxford, the enigmas of &#8220;A Pedlar&#8221; are resolved. The poem achieves an integration and coherence which it previously lacked, having been a kind of lovely but half-assembled puzzle. With Oxford construed as its author, &#8220;A Pedlar&#8221; soars above its prior altitude to where now, wheeling in solitude, it holds its place among the great short poems of the English language. It is also among the most important. </p>
<p>Note: Not until after I had completed &#8220;A Pedlar&#8221; was I made aware of &#8220;An &#8216;Unconsidered Trifle&#8217; Snapped Up,&#8221; an essay by Margaret K. Manwell, an essay that appeared in the December 1969 SOS Newsletter. In her brief, insightful examination of the poem, she made virtually identical Oxfordian connections that are broached in the essay above. Pleased am I, then, to hand over the laurels for first into print in exchange for the support of the graceful and informed observations of Margaret K. Manwell! </p>
<p>Works Cited </p>
<p>Clark, Eva Turner. <em>Hidden Allusions in Shakespeare&#8217;s Plays</em>. Third revised edition. Ruth Lloyd Miller, editor. Port Washington: Kennikat Press 1974. </p>
<p>Fowler, William Plumer. <em>Shakespeare Revealed in Oxford&#8217;s Letters</em>. Portsmouth, NH: Peter E. Randall, 1974. </p>
<p>Kermode, Hollander, Bloom, et aI, eds. <em>The Oxford Anthology of English Liter</em>ature (Vol. 1). New York: Oxford UP, 1973. </p>
<p>Ogburn, Dorothy, and Charlton Sr. <em>This Star of England</em>. New York: Coward-McCann, 1952. </p>
<p>Ogburn, Dorothy, and Charlton Jr. <em>Shake-speare: The Man Behind the Name</em>. New York: William Morrow, 1962. </p>
<p>Pollard, A. W., and O. R. Redgrave, eds.<em> Short TItle Catalogue of Books printed in England, 1475,1640</em>. Ed. W. A. Jackson, F. S. Ferguson, and Katherine F. Pantzer. Oxford: Oxford UP, 1986. 70 95. <em>Early English Books</em>. University Microfilms, Ann Arbor, MI. Reel 33 7. </p>
<p><img alt="" src="http://shakespeare-oxford.com/wp-content/uploads/byrd.jpg" class="aligncenter" width="294" height="379" /></p>
<p>William Byrd&#8217;s &#8220;Battle&#8221; and the Earl of Oxford </p>
<p>A facsimile page from My Lady Nevell&#8217;s Book </p>
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		<title>Mathematical Models of Stratfordian Persistence</title>
		<link>http://www.shakespeare-oxford.com/?p=798</link>
		<comments>http://www.shakespeare-oxford.com/?p=798#comments</comments>
		<pubDate>Wed, 09 Mar 2011 00:31:36 +0000</pubDate>
		<dc:creator>Smiley</dc:creator>
				<category><![CDATA[The Oxfordian]]></category>

		<guid isPermaLink="false">http://www.shakespeare-oxford.com/?p=798</guid>
		<description><![CDATA[Dr. Charles Berney The year 1593 saw the publication of the first work attributed to &#8220;William Shake-speare, &#8221; the narrative poem Venus and Adonis. Subsequent years saw other publications with this attribution: another poem, a number of plays, a collection of sonnets, and finally, in 1623, a large volume entitled Mr. William Shakespeares Comedies, Histories, [...]]]></description>
			<content:encoded><![CDATA[<p></p>
<div class="centered"><strong>Dr. Charles Berney</strong></div>
<hr />
<p> The year 1593 saw the publication of the first work attributed to &#8220;William Shake-speare, &#8221; the narrative poem <i>Venus and Adonis</i>. Subsequent years saw other publications with this attribution: another poem, a number of plays, a collection of sonnets, and finally, in 1623, a large volume entitled <i>Mr. William Shakespeares Comedies, Histories, &#038; Tragedies</i> appeared, containing thirty-six plays. This collection, usually referred to as the First Folio, contained introductory material eulogizing the deceased author, but provided remarkably little biographical information. Ben Jonson addresses the author as &#8220;Sweet Swan of Avon!&#8221; and Leonard Digges refers to &#8220;thy Stratford Moniment.&#8221; These references have been interpreted to mean that the author was William Shaksper, a native of the village of Stratford-on-Avon. This interpretation, bolstered by further events, such as the appearance of Nicholas Rowe&#8217;s biography (1709) and David Garrick&#8217;s Stratford Festival (1769), became the orthodox belief. </p>
<p>The first major public challenge to belief in the Stratfordian Shakespeare occurred in 1856 with the publication of Delia Bacon&#8217;s book, <i>The Philosophy of the Plays of Shakespeare Unfolded</i>. Bacon argued that the plays had been written by a group of Elizabethan courtiers including Francis Bacon (no relation), Walter Raleigh, and Edmund Spenser, an assertion that in public debate soon took on the simpler form, &#8220;Bacon wrote Shakespeare.&#8221; This debate stirred up interest in the authorship question, and several other candidates were proposed, e.g. Christopher Marlowe, the Earl of Derby, and the Earl of Rutland. The paucity of evidence for the Stratfordian attribution was authoritatively summarized in George Greenwood&#8217;s book <i>The Shakespeare Problem Restated</i> (1908), a work which inspired Mark Twain&#8217;s essay &#8220;Is Shakespeare Dead?&#8221; (1911). Both Greenwood and Twain are careful to point out that they are not claiming that Bacon was the author; rather that it was impossible that it could be the Stratford man. </p>
<p>The modern phase of the authorship question began in 1920 with the publication of a book by John Thomas Looney, <i>&#8220;Shakespeare&#8221; Identified</i>. Looney was an English schoolmaster who had taught Shakespeare&#8217;s plays for many years and had grown skeptical of the traditional attribution. He embarked on a systematic search for the identity of the true author, armed with a set of characteristics (e.g., &#8220;A member of the higher aristocracy &#8230; Loose and improvident in money matters &#8230; &#8220;) gleaned from Looney&#8217;s study of the plays. </p>
<p>Looney&#8217;s special insight was that an author writing Shakespeare&#8217;s works pseudonymously would not have had time for a second career; thus he looked for someone who was relatively unknown, rather than a famous figure like Bacon or Raleigh. He started out by scanning an anthology of Elizabethan poetry, looking for contributors who wrote in the meter used in Venus and Adonis. He found a candidate in Edward de Vere, Seventeenth Earl of Oxford, and further research showed that the set of required characteristics Looney had derived fit Oxford like a glove. He summarized his research in his book, which is still a thrilling account of a major discovery, beautifully written, cogently argued, and utterly compelling. </p>
<p>The subject I will examine here is the response to this book of the academic community, loosely defined as the ensemble of all professors teaching English literature in four-year degree-granting colleges, or in associated graduate studies. In accordance with current usage, those who are firmly committed to the view that Shaksper of Stratford was the author of Shakespeare&#8217;s works will be termed Stratfordians, while those convinced by Looney&#8217;s arguments will be designated Oxfordians. A further category comprises those who believe that Oxford wrote the works, but find it politically disadvantageous to admit it, the cryptoOxfordians. (As the term implies, the identities of crypto-Oxfordians are hidden, but I have my own favorite candidates, including Helen Vendler, author of The Art of Shakespeare&#8217;s Sonnets, whose insistence that Shakespeare writes with the voice of a &#8220;fictive speaker&#8221; forestalls discussion of any possible autobiographical elements, and Louis Marder, who is surely aware that printed etchings reverse the original image.) To simplify the discussion, we will assume that all academics belong to one of these categories, so </p>
<div class="centered"><strong>P = P<sub>St</sub> + P<sub>Ox</sub> + P<sub>COx</sub></strong></div>
<p>where P is the population of academics, and the subscripted quantities correspond to the categories defined above. For further simplification, the variable we will be dealing with is </p>
<div class="centered"><strong>p = P<sub>St</sub>/P</strong></div>
<p>the fraction of the population composed of committed Stratfordians. Specifically, we will examine possible models of the time evolution of the Stratfordian population, p(t). </p>
<p>Figure 1 illustrates a possible model for academic behavior: we assume that prior to the appearance of Looney&#8217;s book, the population is entirely Stratfordian (p = 1). Then in 1920, professors start reading about the Oxfordian hypothesis, and realize that it solves many nagging questions raised by the Stratfordian attribution, and that in addition, it makes possible a depth and coherence of understanding of the works that was previously unattainable. <img alt="" src="http://shakespeare-oxford.com/wp-content/uploads/models_f1.jpg" class="alignleft" width="340" height="360" />The Stratfordian population then drops rapidly, so that after about a year, has declined to about 0.20. This model obviously does not account for the observed facts, so it must be termed the Naive Model of academic behavior. A more realistic model (the Actuarial Model) might be devised from the following scenario: we assume that the senior faculty (say 50 years old in 1920) guard the gates of orthodoxy while 20-year-old grad students read Looney on the sly. In about 30 years (-1950) the former grad students are the senior faculty, and the Oxfordian attribution has become orthodox. Again, this model fails to account for the fact that English departments are still (apparently) overwhelmingly Stratfordian. </p>
<p>A much more successful scheme is the <i>Professional Advancement &Uuml;ber Alles Model</i>, which assumes that the promotion of a young Shakespeare scholar depends on his or her writing a book that is well received by the Old Guard. Since the Old Guard is Stratfordian, the successful book will be written from a Stratfordian viewpoint, even if the authorship question is not explicitly discussed. Over time, as the successful young author him/herself becomes a member of the Old Guard, it will of course be impossible to disown the earlier work, so the Stratfordian orthodoxy is stable and self-perpetuating for all time, as indicated by the horizontal line p(t) = 1.0 at the top of Fig. 1. </p>
<p>While the above model is, sadly, the most accurate one considered so far, there are indications that it is unduly pessimistic: at the time of writing I am aware of at least two English departments (Concordia University in Portland, Oregon, and the US Air Force Academy in Colorado Springs) headed by Oxfordian scholars, and the de Vere Studies Conference, organized at Concordia University by Dr. Daniel Wright, is about to have its fourth annual meeting. So p(t) must be diminishing, at however glacial a pace. We therefore propose a <i>Modified Professional Advancement Model</i>. Again, we assume that the academic population consists of Stratfordians, Oxfordians, and crypto-Oxfordians, that p(t) is the fraction of committed Stratfordians, and that the time variable t is the number of years after 1920. We assume that p(O) = 1.0 (that is, in 1920, all academics were Stratfordians). We then assume there is a gradual decay in p(t) (that is, some academics become Oxfordians or crypto-Oxfordians) until p(t) = 0.5. That represents the point at which Oxfordians and crypto-Oxfordians are as numerous as Stratfordians, and there is thus little reason for hiding one&#8217;s Oxfordian proclivities. It is therefore a critical point initiating a change of phase in the system (analogous to a warming ice crystal when temperature T(t) reaches 0° Centigrade). </p>
<p>The <i>Modified Professional Advancement Model</i> is capable of yielding quantitative results if a suitable function is chosen to describe the decay of p(t). The function that comes immediately to mind is the exponential function, </p>
<div class="centered"><strong>p(t) = exp(-rt)</strong></div>
<p>where the notation &#8220;exp&#8221; indicates that the constant e (2.718 &#8230; ) is to be raised to the power represented by the quantity in parenthesis (this function is widely used to represent a number of physical processes, including radioactive decay). As noted above, t is the time in years since 1920; r<br />
<table border="0" cellspacing="3" width="300" align="left">
<caption>
<p>
<h4><font face="Arial">Time Evolution of Stratfordian Population</font></h4>
</p>
<p>
<h4><font face="Arial">p(t) = exp(-rt) model</font></h4>
</p>
</caption>
<tr>
<th>p (1999)</th>
<th>r</th>
<th>t½</th>
<th>Y½</th>
<th>&#916;Y</th>
</tr>
<tr>
<td>
<div class="centered">0.9</div>
</td>
<td>0.00135</td>
<td>513</td>
<td>2433</td>
<td>434</td>
</tr>
<tr>
<td>
<div class="centered">0.8</div>
</td>
<td>0.00286</td>
<td>242</td>
<td>2162</td>
<td>163</td>
</tr>
<tr>
<td>
<div class="centered">0.7</div>
</td>
<td>0.00479</td>
<td>152</td>
<td>2072</td>
<td> 73</td>
</tr>
<tr>
<td>
<div class="centered">0.6</div>
</td>
<td>0.00665</td>
<td>106</td>
<td>2026</td>
<td> 27</td>
</tr>
<tr>
<td>
<div class="centered">0.55</div>
</td>
<td> 0.00767</td>
<td> 90</td>
<td> 2010</td>
<td> 11</td>
</tr>
<tr>
<td>
<div class="centered">0.5</div>
</td>
<td> 0.00889</td>
<td>79</td>
<td>1999</td>
<td>0</td>
</tr>
<tr>
<td align="center" colspan="5">
<h3><font face="Arial">Table 1</font></h3>
</td>
</tr>
</table>
<p>is a rate constant which we will call the &#8220;academic rationality index,&#8221; a quantity which can range from 1 to 0. If r = 1 we get complete conversion to the Oxfordian attribution within a few months, thus reproducing the <i>Naive Model</i> illustrated in Fig. 1. If r = 0 the rate of Stratfordian decay is zero, reproducing the simple <i>Professional Advancement Model</i> (dashed horizontal line in Fig. 1). Since the former model is too optimistic and the latter is too pessimistic, we know that the value of r which best fits the actual situation is less than 1 and greater than 0. If we knew the value of p(t) for any given time, we could solve for r and use that value to predict the year in which p(t) would reach the critical value of 0.5. Unfortunately, estimating p(t) requires knowing the population of crypto-Oxfordians, P<sub>cOx</sub> and no experimental method for determining this number has yet been devised (by the definition of a crypto-Oxfordian, questions about authorial orientation will not be answered candidly). The best we can do is assume a series of values of p for the year 1999, solve for r, then calculate the critical year in which p(t) 0.5. The results for a series of these calculations are shown in Table 1 and plotted in Figure 2. Table 1, for example, shows that if p(t) in 1999 were 0.7, it would reach 0.5 by the year 2072, 73 years from 1999, a discouraging prediction, since the author does not expect to be around in 2072.<br />
<img alt="" src="http://shakespeare-oxford.com/wp-content/uploads/models_f2c.jpg" class="alignright" width="385" height="300" /><br />
As mentioned above, the exponential function is used for modeling the process of radioactive decay. One of the physical features of this process is that the radioactive nuclei do not interact with each other; the probability that any given nucleus will decay in any given period of time is entirely independent of what the other nuclei are doing, and from this standpoint, a sample of radioactive material can be regarded as a collection of noninteracting particles. It may be that the simple exponential function is inadequate to describe English departments, where there is at least the possibility that members might interact. </p>
<p>This possibility could be accounted for mathematically by increasing the time  dependence of the describe the decay. function used to This can be done most simply by raising t in the exponent to a higher power: </p>
<div class="centered"><strong>p(t) = exp(-rt<sup>2</sup>)</strong></dev> </p>
<p>The results of using this function to solve for a series of values of r using assumed values for p are<br />
<table border="0" cellspacing="3" width="300" align="left">
<caption>
<p>
<h4><font face="Arial">Time Evolution of Stratfordian Population</font></h4>
</p>
<p>
<h4><font face="Arial">p(t) = exp(-rt) model</font></h4>
</p>
</caption>
<tr>
<th>p (1999)</th>
<th>r</th>
<th>t½</th>
<th>Y½</th>
<th>&#916;Y</th>
</tr>
<tr>
<td>
<div class="centered">1</div>
</td>
<td>0</td>
<td>&#8734;</td>
<td>&#8734;</td>
<td>&#8734;</td>
</tr>
<tr>
<td>
<div class="centered">0.9</div>
</td>
<td>0.000173</td>
<td>200</td>
<td>2120</td>
<td>58</td>
</tr>
<tr>
<td>
<div class="centered">0.8</div>
</td>
<td>0.000367</td>
<td>137</td>
<td>2057</td>
<td> 58</td>
</tr>
<tr>
<td>
<div class="centered">0.7</div>
</td>
<td>0.000586</td>
<td>109</td>
<td>2029</td>
<td> 30</td>
</tr>
<tr>
<td>
<div class="centered">0.6</div>
</td>
<td> 0.000840</td>
<td> 91</td>
<td> 2011</td>
<td> 12</td>
</tr>
<tr>
<td>
<div class="centered">0.5</div>
</td>
<td> 0.00111</td>
<td>79</td>
<td>1999</td>
<td>0</td>
</tr>
<tr>
<td align="center" colspan="5">
<h3><font face="Arial">Table 2</font></h3>
</td>
</tr>
</table>
<p> shown in Table 2 and plotted in Figure 3. Examination of Fig. 3 shows us what we should have recognized immediately, that exp(-re) is a Gaussian function, widely used in population studies. Table 2 shows us that the Gaussian function is more optimistic than the simple exponential: if p(t) is 0.7 in 1999, it is predicted to reach the critical value of 0.5 in 2029, when some of us may still be around. </p>
<p>Switching from exp(-rt) to exp(-re) changes the dimension of the academic rationality index r from (years)-1 to (years)-2. Note the extraordinarily small values of r in Table 2: if 0586 (equivalent to 58.6 microberneys, where a berney is taken as the standard unit of rationality).  </p>
<p>In one sense this has been an empty exercise: we don&#8217;t know the current value of p, we&#8217;re not sure that the dynamics are Gaussian, we&#8217;re not even sure that 0.5 is the critical value of p (perhaps the power of senior faculty is such that p must fall to 0.4 or O.3 before a paradigm shift occurs). However, for some people, it is satisfying to have constructed a mathematical model, even if it is a fuzzy one; the parameters have been defined, even if their exact values are not known. Certainly efforts could be made to get a firmer estimate of p; perhaps a crypto-Oxfordian hotline could be established to gather anecdotal evidence. It may be that one value of this study is to clarify the<br />
<img alt="" src="http://shakespeare-oxford.com/wp-content/uploads/models_f3b.jpg" class="alignright" width="385" height="300" />time perspective. I first read Charlton Ogburn&#8217;s great book, <i>The Mysterious William Shakespeare</i>, in 1986, and it seemed to me that the case he made for Oxford&#8217;s authorship was obvious and irrefutable. If I had been told then that thirteen years later the orthodox view would still be firmly established, I would have been astonished. The Gaussian model tells us that even if the current academic population is 30 percent Oxfordian and crypto-Oxfordian it will be another 30 years before that view prevails. We should be prepared for a long haul.</p>
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		<title>Newsletter Archive</title>
		<link>http://www.shakespeare-oxford.com/?p=17</link>
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		<pubDate>Wed, 19 Jan 2011 06:00:34 +0000</pubDate>
		<dc:creator>Smiley</dc:creator>
				<category><![CDATA[Uncategorized]]></category>

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		<description><![CDATA[Back Issues of The Shakespeare-Oxford Society Newsletter 1965-1966 1967-1969 1970 1971 1972 1973 1974 1975 1976 1977 1978 1979 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. [...]]]></description>
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<b>Back Issues of The Shakespeare-Oxford Society Newsletter</b><br />
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<td><a href="http://shakespeare-oxford.com/wp-content/uploads/1981.pdf">1981</a></td>
<td><a href="http://shakespeare-oxford.com/wp-content/uploads/1982.pdf">1982</a></td>
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<td><a href="http://shakespeare-oxford.com/wp-content/uploads/1986.pdf">1986</a></td>
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<td><a href="http://shakespeare-oxford.com/wp-content/uploads/1988.pdf">1988</a></td>
<td><a href="http://shakespeare-oxford.com/wp-content/uploads/1989.pdf">1989</a></td>
<td><a href="http://shakespeare-oxford.com/wp-content/uploads/1990.pdf">1990</a></td>
<td><a href="http://shakespeare-oxford.com/wp-content/uploads/1991.pdf">1991</a></td>
<td><a href="http://shakespeare-oxford.com/wp-content/uploads/1992.pdf">1992</a></td>
<td><a href="http://shakespeare-oxford.com/wp-content/uploads/1993.pdf">1993</a></td>
<td><a href="http://shakespeare-oxford.com/wp-content/uploads/1994.pdf">1994</a></td>
<td><a href="http://shakespeare-oxford.com/wp-content/uploads/1995.pdf">1995</a></td>
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<p>
It should be kept in mind that these articles are dated and recent discoveries and/or scholarship may call into question conclusions drawn therein.</p>
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		<title>SHAKESPEARE’S KNOWLEDGE OF LAW </title>
		<link>http://www.shakespeare-oxford.com/?p=720</link>
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		<pubDate>Sat, 08 Jan 2011 13:48:11 +0000</pubDate>
		<dc:creator>Smiley</dc:creator>
				<category><![CDATA[The Oxfordian]]></category>

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		<description><![CDATA[A journey through the history of the argument Mark Andre Alexander Why may not that be the skull of a lawyer? Where be his quiddities now, his quillets, his cases, his tenures, and his tricks? why does he suffer this rude knave, now, to knock him about the sconce with a dirty shovel, and will [...]]]></description>
			<content:encoded><![CDATA[<p></p>
<div class="center">
<h3>A journey through the history of the argument </h3>
</div>
<div align="center">
<h3>Mark Andre Alexander</h3>
</div>
<hr />
<blockquote><p>
Why may not that be the skull of a lawyer? Where be his quiddities now, his quillets, his cases, his tenures, and his tricks? why does he suffer this rude knave, now, to knock him about the sconce with a dirty shovel, and will not tell him of his action of battery? Humph!</p>
<p><i>Hamlet</i>: Act V Scene 2
</p></blockquote>
<p>In 1996 I acquired a copy of Sir George Greenwood&#8217;s 1908 book, <i>The Shakespeare Problem Restated</i>. <a href="#ref1" id="fn1">[1]</a> I was surprised at the clarity and force of his arguments. The chapter on “Shakespeare as a Lawyer” struck me as particularly well argued, even though much of the argument was based on authority. A noted barrister and Member of Parliament, Greenwood claimed that Shakespeare’s plays and poems “supply ample evidence that their author . . . had a very extensive and accurate knowledge of law” (371). He then cites several noted lawyers and judges, many of whom do not concern themselves with the authorship debate. He quotes Lord Campbell: “While novelists and dramatists are constantly making mistakes as to the laws of marriage, of wills and inheritance, to Shakespeare’s law, lavishly as he expounds it, there can neither be demurrer, nor bill of exceptions, nor writ of error” (371). Edmond Malone: “His knowledge of legal terms is not merely such as might be acquired by casual observation of even his all-comprehending mind” (373). And Richard Grant White: “No dramatist of the time . . . used legal phrases with Shakespeare’s readiness and exactness . . . legal phrases flow from his pen as part of his vocabulary, and parcel of his thought” (373). I was impressed that this judge and these lawyers used penetrating qualitative statements rather than mere quantitative ones. </p>
<h4>Searching for Refutations </h4>
<p>Greenwood goes on to argue compellingly against those who claim that Shakespeare made mistakes in his use of legal terms. Finding his arguments persuasive, I was curious about how Greenwood may have been refuted. I knew that Mark Twain had been so taken with Greenwood’s book and the argument that Shakespeare had to have had formal legal training, that he had written in <i>Is Shakespeare Dead?</i>, “If I had under my superintendence a controversy appointed to decide whether Shakespeare wrote Shakespeare or not, I believe I would place before the debaters only the one question, <i>Was Shakespeare ever a practicing lawyer?</i> and leave everything else out” (66). I assumed that there would be a rich history of thoughtful refutations, especially since someone with the stature of Twain had advanced the proposition with such resolve. So I went in search of counter arguments. </p>
<p>I first turned to Samuel Schoenbaum’s <i>Shakespeare’s Lives</i>. I recalled that he had explored many of the lives of people behind the authorship debate and had singled out Twain for ridicule. But to my dismay, Schoenbaum dwells on personality (not surprising given the title of the book) and avoids substantive arguments. He never mentions Twain’s remarks on Shakespeare’s law, though he does mention that Twain read Greenwood’s book, “in which the talented attorney showed the plays to be the work of a talented attorney” (410). When Schoenbaum mentions Shakespeare’s legal knowledge, it is only to ridicule Lord Campbell (260&#8211;1, 332&#8211;3), not to supply arguments and evidence. Apparently, Schoenbaum both respected Greenwood and chose not to grapple with his arguments directly. </p>
<p>I next turned to Ian Wilson’s Shakespeare: <i>The Evidence</i>. Wilson’s treatment of Twain consists solely of: “Even Mark Twain and Sigmund Freud became sucked into such Baconian fervour” (15). In fact, much of the nineteenth century controversy over Shakespeare’s knowledge of law might never have arisen had not those opposed to the theory that Sir Francis Bacon was the author of the Shakespeare canon been forced to deal with Shakespeare’s knowledge of the law, Bacon having been one of the leading jurists of his time. </p>
<p>Wilson ignores Greenwood entirely, but he does mention that some believe Shakespeare may have been a lawyer, or at least employed as an attorney’s clerk. Then with startling logic Wilson states: </p>
<blockquote><p>But this sort of clue-searching from the plays has more than a few dangers. . . . Other authors have had Shakespeare conscripted into the civil guard when the Armada threatened in 1588. According to canoeing expert William Bliss he ran away from home in 1577 when he was just thirteen to sail around the world on Sir Francis Drake’s famous voyage on the <i>Golden Hind</i>. This is apparently proved by a reference in <i>As You Like It</i> to “remainder biscuit,” a variety purportedly carried only on very long voyages. On the grounds of Shakespeare’s plays’ extraordinary political insights, former government minister Enoch Powell has insisted that Shakespeare must either have been very close to politics or been a politician himself. Overall, civil servant Sir Edmund Chambers’s advice is safest: “it’s no use guessing.” (60&#8211;1) </p></blockquote>
<p>Wilson’s argument that argument is pointless, that we could only be reduced to “guessing” about Shakespeare’s legal knowledge, struck me as astonishing in its absurdity and telling in its avoidance of Greenwood. I began to suspect that such avoidance was not accidental. </p>
<p>I next turned to Irvin Leigh Matus’s <i>Shakespeare, IN FACT</i>, a book written primarily to refute Oxfordians. Strangely, Matus makes no mention of Twain, and mentions Greenwood only in the context of copyright. However, Matus does present “facts” intended to dispose of any notions that Shakespeare had a formal legal education or that he used legal terms accurately. The passage is worth quoting in full: </p>
<blockquote><p>What, then, of his use of legal terms? Shakespeare toys with these with the jaunty familiarity of an irreverent lawyer. The question of his legal knowledge has been most recently [sic] tackled by O. Hood Phillips, a jurist, legal scholar and educator, in <i>Shakespeare and the Lawyers</i>. In the chapter, “Did Shakespeare have a Legal Training?” he gathered and summarized the varying opinions that have been handed down. The most reliable assessment of the dramatist’s knowledge of law, in his opinion, is that of P.S. Clarkson and C.T. Warren, “whose reading of Elizabethan drama revealed that about half of Shakespeare’s fellows employed on the average more legalisms than he did, and some of them a great many more. Most of them also exceed Shakespeare in the detail and complexity of their legal problems and allusions, and with few exceptions display a degree of accuracy at least no lower than his.” </p>
<p>Clarkson and Warren’s verdict is that Shakespeare’s references “must be explained on some grounds other than that he was a lawyer, or an apprentice, or a student of the law.” What separates him from the others is his knack for making legal terms serve his drama, in the opinion of Justice Dunbar Plunket Barton. “Where Shakespeare’s legal allusions surpassed those of his contemporaries,” he said, “. . . was in their quality and their aptness rather than in their quantity or technicality.” (272)</p></blockquote>
<p>Though he advances an implied argument that Shakespeare is guilty of “bad law” by using legal terms inaccurately, Matus speaks <i>ex cathedra</i>, failing to give examples and merely relying on the authority of Mr. Phillips. Indeed, that authority is secondhand since Mr. Hood Phillips in his book does no more than present the authority of Messrs. Clarkson and Warren, while quoting none of their examples (159&#8211;161, 191). <a href="#ref2" id="fn2">[2]</a> </p>
<p><i>The Law of Property</i> seems to have impressed others as well. In <i>The Elizabethan Review</i>, the co-editor of the Internet’s “Shakespeare Authorship Page,” David Kathman, Ph.D., claimed that “Paul Clarkson and Clyde Warren, in an exhaustive study of legalisms in the work of seventeen Elizabethan dramatists (<i>The Law of Property in Shakespeare and Elizabethan Drama</i>), found that Shakespeare was average at best in the number and accuracy of his legal allusions” (22). The concept of “average accuracy” is found nowhere in the source text. <a href="#ref3" id="fn3">[3]</a>   On the Internet newsgroup <i>humanities.lit.authors.shakespeare</i>, I asked Dr. Kathman “What can [you] possibly mean by ‘average accuracy’? It’s rather an impenetrable concept, but it sure seems to imply less than perfect accuracy. And why introduce the term accuracy anyway, if there is no attempt to assert or imply less than 100% accuracy?” He responded: “What I meant was that these other dramatists were generally accurate in their use of legal terms, just as Shakespeare was. I’m not sure why this is such an ‘impenetrable concept.’” <a href="#ref4" id="fn4">[4]</a>   He was telling me that “average accuracy” means “generally accurate,” which, of course, simply begs the question. </p>
<p>I found this pattern of ignoring Greenwood&#8212;or mentioning him without revealing his legal arguments&#8212;rather fascinating. As I began acquiring Greenwood’s works, as well as the works of other writers on Shakespeare and the law, I found that not only was Greenwood one of only a handful of eloquent, discriminating, and razor-edged writers on Shakespeare’s law, he was also a devastating opponent in a debate. Much of his later writings are responses to his critics, and in almost all cases he effectively and methodically destroys their credibility. I began to see why Charlton Ogburn, Jr. would write, “One crossed swords with Sir George at one’s peril” (298). </p>
<p>Two things became readily apparent as I examined closely the history of this argument on Shakespeare’s knowledge of law: that 1) A whole segment of the debate has been ignored, that between Sir George Greenwood and his major critic, J.M. Robertson; one that spans almost twelve years (from 1905 to 1916) and comprises some the best arguments favoring Shakespeare’s formal education in law; and 2) Much of the argument against Shakespeare’s formal legal education rests upon William Devecmon’s 1899 monograph <i>IN RE Shakespeare’s “Legal Acquirements,”</i> J.M. Robertson’s 1913 book <i>The Baconian Heresy</i>, Arthur Underhill’s 1916 essay “Law” in <i>Shakespeare’s England</i>, Sir Dunbar Plunket Barton’s 1929 book <i>Links Between Shakespeare and the Law</i>, and Clarkson and Warren’s 1942 book <i>The Law of Property in Shakespeare</i>. This essay examines that lost debate, the claims made in these books, and the grounds for supposing a legal education for the writer Shakespeare. </p>
<h4>Methods of Argument</h4>
<p>Let me state clearly that I do not claim to prove that Shakespeare had a formal legal education. Instead, I claim that the argument favoring a formal legal education is significantly stronger than the argument against a formal legal education. This distinction is important, and the critical principle it embodies illuminates the differing methods of argument that lawyers and academics bring to bear on this debate. By “formal legal education” I mean a serious, long-term, and applied study of law, legal history, and legal philosophy while participating in associations and interactions with other students or masters of law, whether in one of the Inns of Court or in some other environment saturated with legal conversation. </p>
<p>For simplicity’s sake I note two classes of advocates: on the one hand, advocates of absolutism who take a position, claim that it stands by default, and then advise that only absolute and convincing proof of the contrary will dissuade them from their position; and on the other, advocates of relative merits who take no initial stand, weigh the relative strengths of competing arguments, and acknowledge when, in terms of reason and evidence, one argument or position is stronger than another, even when the stronger argument stands against the position they happen to favor. </p>
<p>In examining the history of this debate, I have found advocates on both sides deserving of each appellation. The advocates of absolutism, when standing by a weaker position, tend to ignore those arguments that expose their own weaknesses and whenever possible, shift the focus to minor points that are only marginally relevant to the argument itself. Such tactics include simply “forgetting” to mention the strongest of an opponent’s arguments, piling one red herring on another (overemphasizing lists of trivial data, for example), discrediting circumstantial data (since each item can be isolated and dismissed as coincidence, without taking into account a mass of “coincidences” that tell a compelling story), and, when pressed too hard, a tactic I call the <i>Satan Maneuver</i>. </p>
<h4>The Satan Maneuver</h4>
<p>This ploy came to my attention some years ago while watching a televised interview of an evangelical minister. The minister claimed that the earth was created 6,000 years ago. The interviewer asked about the discoveries of fossils that were undoubtedly millions of years old; how could the minister account for those age-old fossils? The minister replied simply, “Satan put them there.” The interviewer was stumped, of course. The minister had played an ace from a different deck. It didn’t matter to him that to all extents and purposes the game, i.e. the interview––insofar as it was something to take seriously––was ended at that point. In fact, that may have been his intention. The Satan Maneuver is a more or less face-saving way of putting a stop to a discussion that is not going the way the maneuverer wants it to go. </p>
<p>Unfortunately the Satan Maneuver appears frequently in Shakespeare studies. When confronted with internal evidence that Shakespeare may have had a high-level education, whether in law or the classics, a scholar will produce a rabbit out of his or her hat by falling back on Shakespeare’s genius, which is, like Satan, a phenomenon of no known source or established dimension. For example, A.L. Rowse in his <i>Shakespeare The Man</i> explains Shakespeare’s comprehensive and wide-ranging experience with classical and contemporary literature and history thus: “He had a marvellous capacity from the outset for making a little go a long way; his real historical reading came later&#8212;he was very much a reading man, and he read quickly” (28). </p>
<p>How he has grasped Shakespeare’s “marvellous capacity” or knows his reading ability, Rowse does not say. But his meaning is clear; Shakespeare gleaned his incredible wealth of knowledge by having a capacious mind that magically (through the mystery of <i>genius</i>) grasped knowledge quickly and easily. British Shakespearean scholar Allardyce Nicoll makes a similar claim in his book <i>Shakespeare</i>: “In the wonder of his genius he was able to grasp in lightning speed what could be attained only after dull years of work by ordinary minds” (68). Thus can scholars magically explain away the need for education and leisure that ordinary common sense would argue was required for this writer’s immense erudition and the aristocratic nature of his themes and settings. By introducing such statements, scholars cut short arguments in favor of a university education or the kind of experience and leisure that only the nobility had access to in Shakespeare’s day. The forum of reason, argument, and evidence dissolves. Genius in the form of a superhuman mind and memory explains all, the magical ability to immediately and photographically apprehend everything, sans education, sans experience, merely from reading a few translations or conversing with travellers. </p>
<h4>Evidence and Reason </h4>
<p>All participants who intend to argue in a forum based on evidence and reason must avoid any form of Satan Maneuver and be called to account when they do. Any worthwhile discussion of Shakespeare’s “genius” must be conducted outside the magical specter of his superhuman aptitudes, or of any supposed education, work or travel experience unsupported by the kind of ordinary documentation we would expect to see from this period. Moving through this history of the arguments, we will take note of any such tactics of avoidance. </p>
<p>There is probably more published material on Shakespeare and the Law than on any other topic of Shakespeare studies. In summarizing it, should we stick to a strict chronology? Do we choose a particular argument and trace its history? Do we choose instead a pair of debaters and trace their back-and-forth arguments? We feel that a combination of these will best serve the argument. First we need to identify the early advocates of both sides of the argument: William Rushton, Lord Campbell, and their critics up through 1898. From 1899 through 1920, the arguments over Shakespeare’s supposed misuse of legal terms bring to the fore William Devecmon’s major critique of Lord Campbell, as well as works by Underhill, Robertson, and Clarkson and Warren. Next we will examine closely the debate between Sir George Greenwood and J.M. Robertson, which lasted from 1905 through 1920, before considering the “selective-amnesia decades,” 1929 to 1994, during which skeptics characteristically avoided dealing with the most important aspects of the argument. Hopefully by then we will have a fairly clear idea of the phases through which the argument has gone up to now. </p>
<h4>The Early Advocates </h4>
<p>Readers relying solely on Mr. Matus’s “facts” would remain unaware of the nearly 200-year history of arguments over Shakespeare’s legal knowledge in over thirty-five books and numerous articles. The nineteenth century saw a Golden Age of books supporting the proposition that Shakespeare possessed an extensive and unerring knowledge of the law. </p>
<p>Table One: The Golden Age of Shakespeare’s Law </p>
<p>1778 Edmond Malone “Essay on the Chronological Order of Shakespeare’s Plays”<br />
1780 Edmond Malone <i>Life of William Shakespeare </i><br />
1830 <i>Anonymous</i> “Shakspeare a Lawyer,” <i>The Legal Observer</i><br />
1858 William Rushton <i>Shakespeare a Lawyer</i><br />
1859 Lord Campbell <i>Shakespeare’s Legal Acquirements </i><br />
1859 William Rushton <i>Shakespeare’s Legal Maxims</i><br />
*1863 R.F. Fuller “Shakspere as a Lawyer,” <i>Upper Canada Law Journal </i><br />
1865 Richard G. White <i>William Shakespeare Attorney at Law </i><br />
1865 Richard G. White <i>Memoirs of the Life of Shakespeare </i><br />
1869 William Rushton <i>Shakespeare’s Testamentary Language </i><br />
1870 William Rushton <i>Shakespeare Illustrated by the Lex Scripta </i><br />
*1877 George Wilkes <i>Shakespeare from an American Point of View </i><br />
1883 Franklin Fiske Heard <i>Shakespeare as a Lawyer </i><br />
1883 Cushman K. Davis <i>The Law in Shakespeare </i><br />
1885 R.S. Guernsey <i>Ecclesiastical Law in Hamlet </i><br />
1897 Edward James Castle <i>Shakespeare, Bacon, Jonson &#038; Greene </i><br />
*1899 William Devecmon <i>IN RE Shakespeare’s ‘Legal Acquirements’ </i><br />
* <i>writers skeptical of Shakespeare’s knowledge of law. </i></p>
<p>The first mention appears to have been made by the lawyer and Shakespeare editor Edmond Malone in his 1778 “Essay on the Chronological Order of Shakespeare’s Plays,” in a footnote to <i>Hamlet</i>. Two years later in his “Prolegomena” to <i>The Life of William Shakespeare</i>, he states that Shakespeare’s “knowledge and application of legal terms, seems to me not merely such as might have been acquired by casual observation of his all-comprehending mind; it has the appearance of technical skill; and he is so fond of displaying it on all occasions, that there is, I think, some ground for supposing that he was early initiated in at least the forms of law” (2: 107&#8211;9). </p>
<p>It seems that by 1830 the idea had taken root, since in November of that year, a law journal published an anonymous article entitled “Shakspeare a Lawyer,” in which the writer makes reference to a number of authorities who support various notions of how Shakespeare came by his legal knowledge. Although the writer is critical of a number of theories, he himself finds the internal evidence persuasive: </p>
<blockquote><p>
The question of Shakespeare’s connexion with the law must, after all, be decided by the internal evidence afforded by his writings; and in them we find the author recurring continually to the language of the law. He uses it with minute propriety, and like a man accustomed to it. The passages which might be produced to prove this are almost innumerable, and those which have been brought forward are neither few nor inconclusive. (<i>Legal Observer</i> 1:28)
</p></blockquote>
<p>But it was not until 1858&#8211;1859 that the idea began to flourish, after the publication of two books, William L. Rushton’s <i>Shakespeare a Lawyer</i> and Lord Chief Justice John Campbell’s <i>Shakespeare’s Legal Acquirements Considered</i>. </p>
<h4>William Rushton</h4>
<p>Rushton opens his work with his main propositions and addresses potential objections, and with an implied awareness of the Satan Maneuver: </p>
<blockquote><p>The works of William Shakespeare contain a remarkable quantity of law terms, whose significances are naturally unknown to the generality of readers. Some of the admirers of our great dramatist may assert that the universality of his genius, the strength, vigour, and magnitude of his intellectual faculties and powers of investigation, enabled him to acquire a more profound knowledge of a greater variety of subjects than ever yet seems to have been possessed by the same individual, and that the legal knowledge he has displayed in the correct use of law terms is not more remarkable than his intimate acquaintance with human nature, and accurate observation of the habits and customs of mankind, or than the knowledge of seamanship, and the correct use of nautical terms he has displayed in <i>The Tempest</i>. To attempt to account for the frequent occurrence and correct use of law terms in Shakespeare’s works, by attributing to him knowledge of a great variety of subjects, is not satisfactory; for, Shakespeare’s knowledge, it is generally admitted, was more intuitive than acquired, consisting more in an extensive and profound intimacy with human nature, with the animal and inanimate world&#8212;which he has displayed with a truthfulness and inanimate power, and sublimity unapproached, if not unapproachable, rather than in a familiarity with the writings of authors and science in general&#8212;and if that master mind could possibly have possessed double the unequalled genius which exalted him far above the generality of his fellow creatures, he would not have been able to use and apply law terms of a purely technical character in the manner appearing in his compositions, without considerable knowledge of that abstruse and mighty science, the law of England. Nor will it be satisfactory to state that the legal knowledge he has displayed in the correct use of law terms affords no more evidence of his having been a lawyer than the correct use of nautical terms and the knowledge of seamanship are peculiar to <i>The Tempest</i>&#8212;those phrases are not of frequent occurrence, and that knowledge is not displayed in any other portion of his works. Moreover, if it can be proved, as there seems reason to believe, that the principles and practice of the law of real property were more generally understood by unprofessional people in Shakespeare’s time than at the present day, that circumstance will not satisfactorily account for all Shakespeare’s legal knowledge, because his works contain passages displaying not merely a knowledge of the principles and practice of the law of real property, but also of the common law, and of the criminal law, and a thorough intimacy with the exact letter of the Statute Law. (3&#8211;5) </p></blockquote>
<p>What follows then are forty-five pages of examples of legal terms found in the works, a discussion of their meanings, and an explanation of why they are significant. Afterwards, Rushton concludes: </p>
<blockquote><p>. . . whether William Shakespeare was or was not a member of the legal profession, sufficient has probably been stated to prove that he had acquired a general knowledge of the laws of England. (50) </p></blockquote>
<p>The alert reader, however, will immediately question both Rushton’s propositions and the means he uses to support them. In his introduction, Rushton advances two primary propositions: </p>
<p>1. Quantity: Shakespeare’s works contain a remarkable quantity of law terms.<br />
2. Accuracy: Shakespeare’s works display a correct use of law terms. </p>
<p>How does the <i>quantit</i>y of legal terms make a case for more than a general knowledge of law? Rushton makes no quantitative comparisons with Shakespeare’s fellow dramatists, so we are left to wonder if Shakespeare’s use of legal terms is unusual. Exactly what establishes a “remarkable quantity”? Rushton’s presentation is far from exhaustive, as later writers reveal. </p>
<p>Rushton’s second proposition seems to be on firmer ground. But if Rushton is not exhaustive in his study of Shakespeare’s legal terms, how do we know that Shakespeare’s use is unerring? Furthermore, Rushton attributes Shakespeare’s accuracy to a personal understanding of their technical meaning. But since Shakespeare used sources such as Holinshed’s Chronicles, how do we know that Shakespeare’s accuracy and correct usage is not merely that of his sources? Again, Rushton fails to make the necessary comparisons to support his propositions. Rushton also points out three possible objections that he attempts to refute: </p>
<p>1. Some may say his genius enabled him to acquire a more profound knowledge of law, but that cannot explain how he came “to use and apply law terms of a purely technical character.” </p>
<p>Rushton correctly points out the possible weakness of relying on Shakespeare’s “genius” (the Satan Maneuver), but he does nothing to convince us that Shakespeare’s technical usage is not merely copied from his sources. </p>
<p>2. Some may say that “the legal knowledge he has displayed in the correct use of law terms affords no more evidence of his having been a lawyer than the correct use of nautical terms and the knowledge of seamanship are peculiar to <i>The Tempest</i>.” But law terms appear far more frequently, and his knowledge of seamanship “is not displayed in any other portion of his works.” </p>
<p>Indeed, one may be able to support a case that Shakespeare’s use of law terms is unusually frequent, especially when compared to his use of other technical terminology, but Rushton still fails to compare Shakespeare’s usage to his fellow dramatists, a critical blunder when arguing unusual frequency. </p>
<p>3. Some may say that “the principles and practice of the law of real property were more generally understood by unprofessional people in Shakespeare’s time.” But his works contain passages “displaying not merely a knowledge of the principles and practice of the law of real property, but also of the common law, and of the criminal law, and a thorough intimacy with the exact letter of the Statute Law.” </p>
<p>Rushton is probably right to agree that real property had more general application and understanding among English gentlemen. And if a lesser case can be made that Shakespeare’s personal knowledge and correct application of unusual technical terms in other legal branches is indeed unusual, then that may go a long way towards supporting a larger case that Shakespeare had some formal legal training. But Rushton does not adequately support the lesser case. He does not properly catalog terms apart from real property, nor does he bring in the necessary comparative data. </p>
<p>Spotting Rushton’s weak arguments, reviewers were quick to jump on his small book. In a magazine edited by Charles Dickens, an anonymous reviewer, assuredly Dickens himself, parodies men of a particular profession who have a penchant to read into Shakespeare’s use of their technical terminology indications that Shakespeare was a master or serious student of their own professions: </p>
<blockquote><p>MY OWN private belief is that W. Shakespeare was a hydropathic doctor, as I mean to prove from his works, and display to the world in a work of considerable magnitude that has been lately sent to press. In the mean time I interest myself about the opinions of others, and have just been buying two new publications on the subject of our mutual friend. One is by a clergyman, M.M. of Corpus Christi College, Cambridge, and displays from Shakespeare’s works “the vastness of his Bible lore.” The other is by an able lawyer, who believes that Shakespeare was a man of his own cloth, and that, if not actually in practice as an attorney, he was a man who could have passed a stiff examination in the common, criminal, and statue law. I, myself, being a hydropathist, declare that if he were living now, and paid me a sufficient sum for the good will, I should feel more than confidence in entrusting to him my establishment and making it Shakespeare late Slush, in Brash House, Drenchmore. I need hardly observe that the very first play in our friend’s works, <i>The Tempest</i>, is the story of a great water-cure worked in an exceedingly bad case by one Prospero, and we all know how much in another play the very soul of the Duke of Clarence was benefited by the bare dreaming about a cold water bath. What a fine knowledge of the efficacy of a cold douche in the excitement of mania is expressed in Lear’s request, made instinctively to the descending flood of rain&#8212;as dogs when sick instinctively apply themselves to certain grasses&#8212;“Pour on, I will endure!” Undoubtedly the unfortunate gentleman who showed this knowledge of what was proper to his case, would be represented on the stage by any really subtle actor as placing his head carefully under the drip from the rood of the hovel, in order that he might the better secure a sustained stream upon the occiput.” (454) </p></blockquote>
<p>Dickens sustains his satire for another 2400 words. By the end, the reader is left in no doubt about his stand: writers like Rushton are simply projecting their own interests onto Shakespeare’s plays, and seeing in them the expertise that they themselves enjoy. </p>
<p>Since Dickens was not a lawyer, and he successfully supplied correct legal terms in legal contexts in his own works, including <i>Great Expectations</i>, <i>David Copperfield</i>, and <i>Bleak House</i>, we can easily appreciate his impulse to mock Rushton. <a href="#ref5" id="fn5">[5]</a>  Certainly, one is on very shaky ground arguing that an author must have had legal training, or shows an unusual knowledge of law and legal terms, merely because he or she is able to construct an accurate legal situation or a compelling courtroom scene with all legal terms properly used. Good writers, with study and the help of a few professional friends, can accomplish such feats without proving themselves legal experts or having legal training.<a href="#ref6" id="fn6">[6]</a>  </p>
<p>Rushton received good reviews as well. A decade later, a reviewer in a law journal approves of Rushton’s research. By that time Rushton had published three works on Shakespeare’s law, including the one reviewed, <i>Shakespeare’s Testamentary Language</i>: </p>
<blockquote><p>Mr. Rushton has proved himself an able legal commentator of the works of Shakespeare. In addition to the above little book of comparison he has contributed largely to illustrate by old authors the language used by the immortal bard in his plays and poems. In this way he has satisfactorily explained many obscure expressions of doubtful meaning, and has offered explanations and suggestions of his own for the consideration of his readers. His “Shakespeare a Lawyer,” and “Shakespeare’s Legal Maxims,” unmistakably show that if Shakespeare was not at one time connected with the law, as has been attempted to be shown by some of his biographers, yet by some unaccountable means he acquired extensive familiarity with technical legal phraseology. Shakespeare’s plays abound with instances of much more than ordinary knowledge of law terms for a civilian, and in order to use these in the way he did, his acquaintance with the written and unwritten law of his period, combined with a tolerable display of legal jargon, must have been remarkable. There is no doubt sufficient internal evidence in his plays to warrant the belief that Shakespeare must at least have served in an attorney’s office, and Lord Campbell and other commentators have laboured to support this inference. (<i>Law Magazine and Review</i> 27: 162) </p></blockquote>
<p>The reviewer refers to Chief Justice John Campbell’s book, <i>Shakespeare’s Legal Acquirements</i>, which came out soon after Ruston’s first book. </p>
<h4>Lord Campbell</h4>
<p><i>Shakespeare’s Legal Acquirements</i> covers much of the same territory as Shakespeare a Lawyer and follows Rushton’s method of citing a series of legal terms used in the plays. In fact, some reviewers&#8212;and Rushton himself&#8212;thought that Campbell plagiarized Rushton’s work. But some examples obviously lend themselves to similar interpretations, and Campbell does discuss examples not mentioned by Rushton. </p>
<p>Campbell groups his examples by plays. In his introductory letter of some thirty pages to John Payne Collier, Campbell outlines his theory that Shakespeare was likely an attorney’s clerk before going on with over eighty pages of examples of Shakespeare’s knowledge of law. Then Campbell spends several pages on Shakespeare’s will, positing that Shakespeare himself drafted it. Campbell ends with a “Retrospect” of a dozen pages where he presents his uncommitted conclusions: </p>
<blockquote><p>To conclude my summing up of the evidence under this head, I say, if Shakespeare is shown to have possessed a knowledge of law, which he might have acquired as clerk in an attorney’s office in Stratford, and which he could have acquired in no other way, we are justified in believing the fact that he was a clerk in an attorney’s office at Stratford, without any direct proof of the fact. Logicians and jurists allow us to infer a fact of which there is no direct proof, from facts expressly proved, if the fact to be inferred may have existed, if it be consistent with all other facts known to exist, and if facts known to exist can only be accounted for by inferring the fact to be inferred. </p></blockquote>
<p>But, my dear Mr. Payne Collier, you must not from all this suppose that I have really become an absolute convert to your side of the question. (136&#8211;7) </p>
<p>Lord Campbell’s book proved very influential, given his position as Chief Justice. Researchers spent years looking for legal documents that would necessarily have been signed by Shakspere of Stratford if he had indeed been a clerk in an attorney’s office. No such documents have yet been found, which, for most scholars, has laid to rest the notion that he could have held such a position. <a href="#ref7" id="fn7">[7]</a>   </p>
<p>But Campbell’s book was not a work of scholarship. He admits in his introductory letter that he had a little leisure time during his vacation, that he is limiting the frame of his research to terms that may have been used by a professional lawyer, and that he is setting out to do less than a thorough job: </p>
<p>In <i>Two Gentlemen of Verona</i>, <i>Twelfth Night</i>, <i>Julius Caesar</i>, <i>Cymbeline</i>, <i>Timon of Athens</i>, <i>The Tempest</i>,<i> King Richard II</i>, <i>King Henry V</i>, <i>King Henry VI Part I</i>, <i>King Henry VI Part III</i>, <i>King Richard III</i>, <i>King Henry VIII</i>, <i>Pericles of Tyre</i>, and <i>Titus Andronicus</i>&#8212;fourteen of the thirty-seven dramas generally attributed to Shakespeare&#8212;I find nothing that fairly bears upon this controversy. Of course I had only to look for expressions and allusions that must be supposed to come from one who has been a professional lawyer. Amidst the seducing beauties of sentiment and language through which I had to pick my way, I may have overlooked various specimens of the article of which I was in quest, which would have been accidentally valuable, although intrinsically worthless. (37&#8211;38) </p>
<p>Indeed, even in the works where he says he finds nothing that bears upon the controversy, he has, in fact, overlooked significant passages, particularly in the <i>Henry</i> plays. </p>
<p>Lord Campbell’s book suffers from many of the same faults as Rushton’s. He does not attempt to prove a thesis much more complicated than “Shakespeare used lots of legal terms correctly, a use which therefore goes to show, given his biographical background, that he was likely an attorney’s clerk in Stratford.” He does show how Shakespeare uses terms from many courts and categories of law; i.e., the Court of Exchequer (49), the Courts of Common Law (52), the Court Leet (63), the Court of Common Pleas (66), the Court of Wards (68), Real Property Law (39), Admiralty Law (114), and with “some of the most abstruse proceedings in English jurisprudence” (44&#8211;45). And he does present examples that appear to grant Shakespeare a certain depth in the law. His first example is from <i>The Merry Wives of Windsor</i>: </p>
<blockquote><p>Fal. Of what quality was your love, then?<br />
Ford. Like a fair house built upon another man’s ground; so that <i>I have lost my edifice by mistaking the place where I erected it</i>. </p></blockquote>
<p>Now this shows in Shakespeare a knowledge of law, not generally possessed. The unlearned would suppose that if, by mistake, a man builds a fine house on the land of another, when he discovers his error he will be permitted to remove all the materials of the structure, and particularly the marble pillars and carved chimney-pieces with which he has adorned it; but Shakespeare knew better. He was aware that, being fixed to the freehold, the absolute property in them belonged to the owner of the soil. . . . (39&#8211;40) </p>
<p>Despite examples such as this, Lord Campbell generated harsh criticism, much of it deserved. In fact, the best articulated critique of his work, and that of Rushton, came from a non-practicing lawyer. </p>
<h4>Richard Grant White</h4>
<p>In July 1859, the <i>Atlantic Monthly</i> printed a twenty-one-page article by Richard Grant White, “William Shakespeare – Attorney at Law and Solicitor in Chancery,” three-fourths of which he spends castigating Lord Campbell’s mistakes, stylistic errors, and generally lousy scholarship. He gives Rushton more credit for the modesty of his writing and the organization of his examples, but overall White finds both works lacking in the kinds of arguments needed to argue that Shakespeare was a practicing attorney or had some kind of legal education. Furthermore, Grant White seems to be the first writer to point out an uncomfortable truth for advocates of Shakespeare’s legal training: Shakespeare’s use of legal terms in his histories often mirrors their use in his source material, mainly Holinshed’s <i>Chronicles</i>. Any writer who embarks on making the case for Shakespeare’s legal training must avoid the error of crediting Shakespeare with legal knowledge based on passages rewritten from Holinshed. </p>
<p>After perusing many pages of Grant White’s article, the reader would think that he does not believe that support exists for Shakespeare’s legal training, but in the latter part of the article, he delivers a surprise: </p>
<blockquote><p>For we object not so much to the conclusion at which Lord Campbell arrives as to his mode of arriving at it. His method of investigation, which is no method at all, but the mere noting of passages in the order in which he found them in looking, through Shakespeare’s works, is the rudest and least intelligent that could have been adopted . . . . (99) </p></blockquote>
<p>Grant White then explores what he believes are “the very considerable grounds for the option that Shakespeare had more than a layman’s acquaintance with the technical language of the law” (99). He makes several significant points: </p>
<blockquote><p>First: Legal phrases frequently appear in the literature of that age and Shakespeare’s use of legal terminology is remarkably pervasive and accurate even when compared to other dramatists. White explicitly denies that the mere appearance of such terminology indicates early training (as Lord Campbell and Rushton would have it). Rather, many dramatists had such training, and for many, like George Wilkins, we do not have enough biographical material to determine whether they were trained in the law. Still, Shakespeare’s pervasive and accurate use of legal terminology strengthens the argument that he had such training. </p>
<p>Second: Direct contemporary testimony exists that at the time of Shakspere of Stratford’s arrival in England it was a common practice for lawyers to turn to writing plays. This testimony is from Nashe in the Preface to Greene’s <i>Menaphon</i>: “It is a common practice nowadays, amongst a sort of shifting companions that run through every art and thrive by none, to leave the trade of Noverint whereto they were born, and busy themselves with the endeavours of art, that could scarcely Latinize their neck-verse if they should have need” (Nashe 474). The “trade of Noverint” is that of an attorney’s clerk. Grant White claims that the case is further strengthened because “among all the dramatic writers of that period, whose works have survived, not one uses the phraseology of the law with the frequency, the freedom, and the correctness of Shakespeare” (102). </p>
<p>Third: Although the argument is made that lay people commonly attended the London courts, and that Shakespeare could have easily picked up his terminology during such proceedings, White points out that many of the law terms used by him are not normally heard at such proceedings, especially terms having to due with real property and the technical language of conveyancers. Shakspere of Stratford’s arrival in London coincides with early plays that already contain such language, “before he had had much opportunity to haunt the courts of law in London, even could he have made such legal acquirements in those schools”(103). Furthermore, with Shakspere’s arrival in London, there is no increase in the frequency of terms used in the plays, which may be expected if Shakspere were then to acquire a greater legal vocabulary. </p></blockquote>
<p>Finally: Grant White’s strongest argument is that while Shakespeare correctly uses the technical language of many professions&#8212;physicians, actors, soldiers&#8212;primarily on special occasions, he exhibits a pervasive reliance on legal terms throughout his works, demonstrating an accuracy and propriety that transcends his contemporaries. </p>
<blockquote><p>Must we believe, that the man, who, among all the lawyer-dramatists of his day, showed&#8212;not, be it noticed (as we are at present regarding his works) the profoundest knowledge of the great principles of law and equity, although he did that too&#8212;but the most complete mastery of the technical phrases, the jargon, of the law and of its most abstruse branch&#8212;that relating to real estate&#8212;and who used it very much the oftenest of them all, and with an air of as entire unconsciousness as if it were a part of the language of his daily life, making no mistakes that can be detected by a learned professional critic&#8212;must we believe that this man was distinguished among those play-writing lawyers, not only by his genius, but his lack of particular acquaintance with the law? (104) </p></blockquote>
<p>Grant White concedes that there is no biographical proof that Shakspere of Stratford worked as an attorney’s clerk or studied law formally. But he expresses no doubt about the writer Shakespeare: The poems and plays demonstrate some kind of formal legal training. </p>
<h4>Other Early Writers</h4>
<p>Following Rushton and Lord Campbell came several books exploring Shakespeare’s use of legal terms, and one that included a dissenting view&#8212;George Wilkes’ 1877 book <i>Shakespeare from an American Point of View</i>. He is also among the early writers responding against the claim that Francis Bacon wrote the Shakespeare plays. Believing firmly that Shakspere wrote Shakespeare, Wilkes reveals that he is not taken in by the Satan Maneuver: </p>
<blockquote><p>Some critics, whose brows were more rainbowed than the rest, suggested that any extent of scholastic accomplished might fairly be attributed to the vivid, lambent quick-breeding conception of such a miracle of genius as was the poet of our race; but this exceptional theory made but little headway with more sober reasoners, mainly for the want of precedents that any man was ever known to have learned his letters, or attained to the art of making boots or watches by mere intuition. The fact is, that the true difficulty with this portion of the inquiry has been, that too much erudition and legal comprehension has been attributed to Shakespeare for what his law phrases indicate; or, in plainer words, they have been paraded as a great deal more than they are really worth. (72) </p></blockquote>
<p>Thus does Wilkes lay down the central contention between the advocates: On one side, Rushton, Lord Campbell, and Grant White, who are impressed by Shakespeare’s technical range, accuracy, and application. On the other, Dickens, Wilkes, and many others to come, who do not see an unusual technical range, who claim inaccuracies, and who do not see any extraordinary application of the law. Wilkes clearly lays down the means by which Shakspere of Stratford could have acquired his legal knowledge: a) by reading elementary works of law, b) by attending the courts of record held semi-monthly in Stratford, and courts-leet and view of frankpledge held semi-annually in Stratford, c) through his experience as a property owner, d) through lawsuits. Furthermore, Wilkes claims that where Shakespeare deals with the philosophy of law&#8212;in <i>The Merchant of Venice</i>, <i>Comedy of Errors</i>, <i>Winter’s Tale</i>, <i>Two Gentlemen of Verona</i>, and <i>Measure for Measure</i>&#8212;he fails in ways that should be obvious to readers. Wilkes gives one example in support, criticizing the Duke in <i>Two Gents</i> for appointing to high government posts the gang who kidnapped his daughter. However ineffective such an example serves as support, Wilkes’s argument has merit, that Shakspere had the means to learn some of the technical terms of property law. </p>
<p>Later writers, such as Franklin Fiske Heard and Edward J. White, offer little more than catalogs of Shakespeare legal terms, with explications of their meanings. <a href="#ref8" id="fn8">[8]</a>   The best of the catalogers, Cushman K. Davis, in his 1883 book, <i>The Law in Shakespeare</i>, expands the claims for Shakespeare’s knowledge of law, based on the accumulated work of cataloging and explicating hundreds of terms in his book: </p>
<blockquote><p>We seem to have here something more than a sciolist’s temerity of indulgence in the terms of an unfamiliar art. No legal solecisms will be found. The abstrusest elements of the common law are impressed into a disciplined service with every evidence of the right and knowledge of commanding. Over and over again, where such knowledge is unexampled in writers unlearned in the law, Shakespeare appears in perfect possession of it. In the law of real property, its rules of tenure and descents, its entails, its fines and recoveries, and their vouchers and double vouchers; in the procedure of the courts, the methods of bringing suits and of arrests, the nature of actions, the rules of pleading, the law of escapes, and of contempt of court; in the principles of evidence, both technical and philosophical; in the distinction between the temporal and the spiritual tribunals; in the law of attainder and forfeiture; in the requisites of a valid marriage; in the presumption of legitimacy; in the learning of the law of prerogative; in the inalienable character of the crown,&#8212;this mastership appears with surprising authority. (4&#8211;5) </p></blockquote>
<p>Edward James Castle advances the cause of Bacon as Shakespeare in his 1897 <i>Shakespeare, Bacon, Jonson, and Greene</i>, which is poorly argued, especially in its approach to the question of Shakespeare’s legal knowledge. The only other worthwhile argument after Grant White and before 1899 is in R.S. Guernsey’s small book <i>Ecclesiastical Law in Hamlet</i>, which is best addressed later in considering Shakespeare’s legal mind. </p>
<p>The next phase of the argument, an increasing reaction against the rising tide of Baconian advocates, arrives with William C. Devecmon in 1899. </p>
<h4>Shakespeare’s Supposed Misuse of Legal Terms </h4>
<p>The first claim that Shakespeare erred in using legal terms appears to have been leveled in 1863 by R.F. Fuller writing in the <i>Upper Canada Law Journal</i>: </p>
<blockquote><p>“And summer’s lease hath all too short a date.”<br />
Here the word “date” is not accurately used; as it signifies commencement and not continuance. (95) </p></blockquote>
<p>This claim by Fuller is a bit baffling. During the sixteenth century, <i>date</i> was known to signify <i>continuance</i>. The OED gives the following definition and examples: </p>
<blockquote><p>4. The time during which something lasts; period, season; duration; term of life or existence. . . . 13. Chron. Eng. 972 in Ritson Met. Rom. II. 310 That the sone croune bere The fader hueld is date here. . . . c1386 Chaucer Can. Yeom. Prol. &#038; T. 858 Neuere to thryue were to long a date. . . . c1440 Lydg. Secrees 421 So to perseuere and lastyn a long date. (OED CDROM) </p></blockquote>
<p>Even O. Hood Phillips, in <i>Shakespeare and the Lawyers</i>, points to this claim by Fuller saying “Criticism of this kind may be carping” and “Such criticism also has often been misguided” (135). After giving several examples from other critics, Phillips states, “But these criticisms ignore the supposed place and time of the action, the persons by whom and to whom the words are spoken, and the dramatic effect involved” (135). </p>
<p>Phillips is exactly right. When evaluating Shakespeare’s work, we must keep in mind that his stance is primarily dramatic or literary. We must keep a vigilant eye out for the context in which a term is used. If the context is strictly a dramatization of a legal situation with characters supposed to be knowledgeable in law, then we may more strictly hold Shakespeare to the legal meaning rather than the conventional meaning of a word. If a legal term is misused by a comedic character, then we cannot say that the dramatist was guilty of misuse. Indeed, if it can be shown that comedic characters typically misused such terms, while the non-comedic characters, or those who should know better, correctly used such terms, that fact should strengthen the case favoring Shakespeare’s legal training.  </p>
<h4>Devecmon’s “Bad Law”</h4>
<p>In 1899, Devecmon attacked the reasoning of both Lord Campbell and Cushman Davis in his book <i>In Re Shakespeare’s “Legal Acquirements</i>.” <a href="#ref9" id="fn9">[9]</a>  His was the first extensive argument against Shakespeare having any special training in the law. J.M. Robertson later supported these attacks without providing any examples of supposed errors. Devecmon’s main argument focused on a list of fourteen “gross errors” in Shakespeare’s use of legal terms. He presents a compelling proposition that he feels safe in advancing: </p>
<blockquote><p>Though the frequent use of legal terms, with their proper technical meanings, has a cumulative effect, and tends strongly to prove a legal training; yet a very few errors in such use, if glaring and gross, would absolutely nullify that effect and proof. (33) </p></blockquote>
<p>Since the fact of Shakespeare’s complete accuracy is widely unknown, it is worth exploring all fourteen claims in detail, as well as the refutations put forward by Sir George Greenwood, in <i>The Shakespeare Problem Restated</i>, and by Homer B. Sprague, in his 1902 article “Shakespeare’s Alleged Blunders in Legal Terminology” published in the <i>Yale Law Journal</i>. This examination will also reveal how easily critics can slip into common errors and narrowmindedness. </p>
<blockquote><p>1. Demise: <i>Richard III</i>: Eliz. Tell me what state, what dignity, what honor Canst thou <i>demise</i> to any child of mine? (IV:4:247&#8211;8 <a href="#ref10" id="fn10">[10]</a></p></blockquote>
<p>Devecmon simply states that dignities and honors cannot be demised and cites <i>Comyn’s Digest</i> in support. Greenwood quotes <i>Comyn’s Digest</i>, which states that “a dignity or nobility cannot be aliened or transferred to another.” “Not a very unreasonable proposition”! says Greenwood. “If the king grants a title or ‘dignity’ to a subject, it is natural enough that the grantee should not have the power to assign it away to another (perhaps for a round sum down), or to put it up to auction. Therefore the Queen is right, <i>prima facie</i> at any rate, when she suggests to Richard that he has no power to ‘demise’ any dignity or honour to a child of hers” (<i>Problem</i> 399&#8211;400). Greenwood goes further, pointing out that, in fact, it was possible for Richard, as king, to demise such dignities or honours. <i>Comyn’s Digest</i> even states that a subject could make a grant of such things “with the king’s licence.” Sprague adds that even if it were a mistake, would it not be a natural one in the mouth of a queen unlearned in law? It is natural for a dramatist to “impart verisimilitude” by having ignorant characters err in their knowledge (304). </p>
<blockquote><p>2. Replication: <i>Hamlet</i>: Ham. Besides, to be demanded of a sponge! What <i>replication</i> should be made by the son of a king? (IV:2:11&#8211;2) </p></blockquote>
<p>Devecmon states that the plaintiff makes his demand on the defendant, the defendant replies by a plea, and then the plaintiff ’s reply is to this plea is a <i>replication</i>. His point is that Hamlet’s role is that of a defendant, whose reply is never a replication but always a plea. Greenwood agrees that in pleading, a replication answers a reply, and is put in by the plaintiff. He goes on to cite an example where the defendant puts in a replication to the plaintiff’s plea. Greenwood then says, “But the fact is that ‘replication’ was constantly used in ordinary parlance in the sense of ‘reply.’. . . Mr. Devecmon must really try again” (401&#8211;2). Sprague quotes Glower and Chaucer to demonstrate that they used <i>replication</i> in its simple sense of “reply,” demonstrating that such usage had long been practiced (305). </p>
<blockquote><p>3. Indenture: <i>Pericles</i>: Thal. For if a king bid a man be a villain, he is bound by the <i>indenture</i> of his oath to be one. (I:3:7&#8211;8) </p></blockquote>
<p>Here Devecmon says that the oath of allegiance is referred to, and that use of <i>indenture</i> is entirely out of place, since one has nothing to do with the other, and since <i>indenture</i> must be a written conveyance, bargain, or contract. Greenwood passes on this one, affirming his belief that <i>Pericles</i> was not authored by Shakespeare, but this example is also easily refuted. The OED, unavailable to the literal-minded Devecmon, illustrates that before Shakespeare’s time, <i>indenture</i> was already used figuratively for oral contracts and mutual agreements: “d. fig. Contract, mutual engagement. 1540 Morysine Vives’ <i>Introd. Wysd</i>. G vij, We haue by indenture of Jesu . . . that they shall lacke nothinge whiche seke . . . the kyngdome of God.” Oaths of allegiance are contracts in which, in exchange for the oath, the oath-taker receives the benefits generally conferred by the King to all his subjects. Furthermore, Sprague points out that Shakespeare uses indenture in its strict legal sense in <i>Hamlet</i> and <i>I Henry IV</i>, demonstrating that he was fully aware of its technical meaning (306). </p>
<blockquote><p>4. Moiety: <i>1 Henry IV</i>: Glend. Come, here’s the map; shall we divide our right? Mort. According to our threefold order ta’en? The archdeacon hath divided it Hot. Into three limites very equally. . . . Methinks my moiety, north from Burton here, In quantity equals not one of yours. (III:1:66&#8211;9, 91&#8211;2)</p></blockquote>
<p>Devecmon points out that a <i>moiety</i> is a<i> half</i>, not a <i>third</i>. He fails to point out that Shakespeare does use it correctly both legally and figuratively in <i>All’s Well That Ends Wel</i>l (III:2:66), <i>The Winter’s Tale</i> (III:2:39), Henry V (V:2:212),<i> Richard III</i> (I:2:254, II:2:60), <i>Henry VIII</i> (I:2:12), <i>Antony and Cleopatra</i> (V:1:19), and <i>Cymbeline</i> (I:5:105). In several other plays he uses the term figuratively to mean simply a <i>portion</i> rather than a <i>half</i>. But it may be objected that in the case of Hotspur, the strict legal usage is called for. A close reading reveals that, in fact, Hotspur uses the term correctly. Devecmon and others want to yoke Hotspur’s “moiety” reference to the tripartite division mentioned over twenty lines earlier. In fact Hotspur is speaking, not of his third, as compared to the other two men, but a <i>smaller</i> section of his third, which he is comparing to a smaller section belonging to Mortimer only. </p>
<p>If Hotspur were comparing his third to the two other men’s, he would be speaking of the whole compared to the whole of theirs, but he is not. His land borders Mortimer’s, and the argument centers around a portion “north from Burton.” Shakespeare uses the legal term correctly. Sprague points to one translation of Caesar’s <i>Commentaries</i>, “All Gaul is quartered into three halves”! to demonstrate that portions were once more flexibly used. He quotes an authority, Moberly: “The word ‘moiety,’ like ‘halb’ or ‘half,’ originally means only a part” (306). This passage reveals the danger of assuming too much regarding Shakespeare’s use of legal terms. The legal form is taken directly from Holinshed’s <i>Chronicles</i>. Shakespeare’s sources for his histories must always be checked for legal form and terminology. </p>
<blockquote><p>5. Challenge: <i>Henry VIII</i>: Cath. I do believe,<br />
Induced by potent circumstances, that<br />
You are my enemy, and make my <i>challenge</i>.<br />
You shall not be my judge. . . .<br />
I do refuse you for my judge. . . . (II:4:73&#8211;6) </p></blockquote>
<p>Devecmon points out that <i>challenge</i> is applicable only to jurors, and that a judge is not subject to challenge. Greenwood replies: </p>
<blockquote><p>Here the same curious idea is apparent, viz. that a dramatist cannot be a lawyer unless he makes his ladies and laymen speak in the language that a trained lawyer would employ. But, apart from this, it really seems to me no better than solemn trifling to argue from such an expression put into the Queen’s mouth that the writer had no accurate knowledge of law. “Challenge” was constantly used in the sense of “objection,” and even though the poet might have had the legal significance in his mind, it certainly does not argue the absence of legal training on his part that Catherine should a p p l y, by a very natural analogy, to one of the Cardinals who were to act as judges in the case, a term which, in strict legal usage, was applicable only to a juror. (400)</p></blockquote>
<p>Sprague also points out that Shakespeare uses <i>challenge</i> in the sense of to “claim as a right” eighteen times throughout the plays, and that it is used appropriately here in the same sense (306). </p>
<blockquote><p>6. Well ratified by: <i>Hamlet</i>: Hor. In which our valiant Hamlet&#8212; For so this side of our world esteemed him&#8212; Did slay this Fortinbras; who by a sealed compact, <i>Well ratified</i> by law and heraldry, Did forfeit his life. . . . (I:1:87&#8211;91) </p></blockquote>
<p>Devecmon states that <i>well ratified</i> by means <i>strictly in accordance with</i> and is out of place here as a legalism. Once again, he is being too absolute. Devecmon thinks the term can only be used in a strict legal meaning, but he is wrong. According to the OED, by Shakespeare’s time <i>ratified</i> had a long history of meaning <i>confirmed</i> or <i>approved</i> in a non-legal context. Sprague demonstrates that Skelton in <i>Colin Clout</i>, Levins in <i>Manipulus Vocabulorum</i>, and Bacon in <i>Political Fables</i>, all used the term in this non-technical sense (307). </p>
<blockquote><p>7. Jointress:<i> Hamlet</i>: Claud. Therefore our sometime sister, now our queen, The imperial <i>jointress</i> to this warlike State. (I:2:8&#8211;9) </p></blockquote>
<p>Devecmon cites Co. Litt. 46 to define <i>jointress</i> as “a woman who has an estate settled on her by her husband.” Referencing Blake’s <i>Commentaries</i> he states that a <i>jointure</i> was used for barring dower, and that “Gertrude could have neither a dower nor a jointure in Denmark.” But it takes little imagination to recognize that Shakespeare is using the term in a royal context that enlarges its meaning (a common Shakespearean practice, which is responsible for giving us our flexible language). The two have just married, and Shakespeare plays on the idea of that royal joining. The context also suggests irony, in that such a marriage should bar the King’s brother from the <i>dower</i> of the kingdom. Devecmon fails once again to look at the literary context, assuming that every use that appears to deviate from strict legal usage represents an error that no one trained in the law would commit. As we shall see, Clarkson and Warren criticize Devecmon for over-literalizing this speech. </p>
<blockquote><p>8. Common/Several: <i>Love’s Labour’s Lost</i>: Boyet. So you grant pasture for me. Kath. Not so, gentle beast; My lips no <i>common</i> are, though several they be. (II:1:221&#8211;223) </p></blockquote>
<p>This passage is commonly cited as an error. Devecmon admits that Shakespeare understood that one cannot both hold a thing in common and in severalty; he believes that Shakespeare sacrifices his knowledge for a mere play on words, something that one with legal training would not do. Greenwood responds: </p>
<blockquote><p>
Common of pasture is, of course, a right of common with which lawyers are very familiar. Boyet desires a grant of pasture on Maria’s lips, but she replies that there is “no common” there. This suggests the distinction between tenancy in common and “severally” or individual ownership, and Maria, bethinking her that her lips are “several,” or severed one from the other, adds “though several they be.” The same idea appears in <i>The Sonnets</i>: </p>
<p>Why should my heart think that a several plot,<br />
Which my heart knows the world’s wide common place? (Sonnet 137) </p>
<p>In the play there seems, at first sight, to be some little confusion involved by the use of the word “though,” for things which are “several” would naturally not be “common,” but I think the explanation is to be found in a note of William Hazlitt’s to <i>Sir John Oldcastle</i>, Part I, Act III, Sc. 1, where the Earl of Cambridge says: </p>
<p>Of late he broke into a several<br />
Which doth belong to me; </p>
<p>and the note explains “several” here as meaning “portions of common land assigned for a time to particular proprietors.” Thus “severals” could be part of common lands, and so Maria might say that her lips, <i>though</i> “several” are “no common,” though, even so, the conjunction seems rather forced. (417)
</p></blockquote>
<p>Sprague explains that this passage reflects a matter of taste, and that Shakespeare as a lawyer would certainly not perpetuate such puns. But for a dramatist, particularly this one, such terms <i>invite</i> punning in a scene like this. “No blunder here,” states Sprague (308). </p>
<blockquote><p>9. Entail: <i>3 Henry VI</i>: King H. I here <i>entail</i> The crown to thee, and to thine heirs forever; Conditionally that thou here take an oath To cease this civil war. . . . (I:1:200&#8211;3) </p></blockquote>
<p>Devecmon quotes Senator Davis: “The use of the word <i>entail</i> here seems to be inaccurate, for, though the use of the word heirs is necessary to create a fee, so the word <i>body</i> or some other words of procreation are necessary to make it a fee tail. A gift to a man and his heirs, male or female, is an estate <i>in fee simple</i> and not <i>in fee tail</i>.” Greenwood avoids this play also, believing that it was not Shakespeare’s. Once again, we have an instance where the literal-minded lawyer assumes that only the strict legal definition was in common usage. A quick check of the OED reveals that both Davis and Devecmon err. According to the OED, <i>entail</i> was used apart from its strict legal usage: “2. transf. and fig. To bestow or confer as if by entail; to cause to descend to a designated series of possessors; to bestow as an inalienable possession.” Thus, in 1513 Sir Thomas More in <i>Edward V</i>, 3 writes “The Crowne of the Realme [was] entayled to the Duke of Yorke and his Heires” (OED). Perhaps Shakespeare was following Sir Thomas in this usage of appointing an hereditary possessor, but Shakespeare uses entail in its stricter legal usage in <i>All’s Well That Ends Well</i> (IV:3:270), showing that he understood both definitions precisely. </p>
<blockquote><p>10. Statutes: <i>Love’s Labour’s Lost</i>: King. You three, Berowne, Dumain, and Longaville, Have sworn for three years’ term to live with me, My fellow-scholars, and to keep those <i>statutes</i> That are recorded in this schedule here: Your oaths are pass’d; and now subscribe your names. (I:1:15&#8211;19) </p></blockquote>
<p>Here is another supposed error commonly cited. Devecmon thinks <i>statutes</i> is misused here to mean merely <i>articles of agreement</i>, since there is no such meaning in law. According to Greenwood, Shakespeare uses statutes in the sense of <i>ordinances</i>, as is usual in a college (404). In this one case, Mr. Robertson, pausing in his constant assaults in <i>The Baconian Heresy</i>, explicitly agrees with Greenwood (175n). </p>
<blockquote><p>11. On the case: <i>The Comedy of Errors</i>: Adr. Why, man, what is the matter? Dro. S. I do not know the matter: he is ’rested <i>on the case</i>. (IV:2:41&#8211;2)</p></blockquote>
<p>Devecmon points out that there are two kinds of civil actions: those growing out of breach of contract and those for the recovery of wrongs independent of a contract. <i>On the case</i> applies to the former, but the statement here applies to the latter. However, Devecmon neglects to notice that this is a comedy with comedic characters who will, like Dogberry in <i>Much Ado About Nothing</i>, mix their legal terms. Dromio is simply mixing up the usage. To cite the misuse of terms by one of his clowns as an indication of Shakespeare’s ignorance is either to expose one’s ignorance of Shakespeare or one’s own sorry lack of humor. Sprague goes further, stating that the clown may simply be using <i>on the case</i> as in a suit or matter of law, rather than in an action of tort (309). This interpretation works well since the passage can then participate in the wordplay on suit in the next few lines. </p>
<blockquote><p>12. Testament: <i>Henry V</i>: Cant. For all the temporal lands, which men devout By <i>testament</i> have given to the church, Would they strip from us. (I:1:9&#8211;11) </p></blockquote>
<p>Devecmon claims that <i>testament</i> is used incorrectly since it must refer to bequeathing personal property. A <i>will</i> is used for devising real estate. Greenwood responds: </p>
<blockquote><p>“How absolute the knave is! We must speak by the card”! Must the Archbishop speak by the card too, or the writer be set down as no lawyer? But really this is but another example in support of the proposition that a little learning is a dangerous thing. “A <i>testamen</i>t is the true declaration of our last Will; of that wee would to be done after our death,” says the learned author of that famous old book <i>Termes de la Ley</i>. A “testament” includes a “will,” said the Court in <i>Fuller v. Hooper</i> (2 Vesey <i>Senior</i> 242). Nay, more, Littleton, the great and learned Littleton, uses “testament” as applicable to a devise of lands and tenements; and all Coke has to say about it is that “in law <i>most commonly</i> ‘ultima voluntas in scriptis’ is used where lands or tenements are devised, testamentum when it concerneth chattels.” But we know that “testator” is used of a man who has made a will, whether it be of lands or of personal property. So that again Mr. Devecmon’s attempt fails. (402)</p></blockquote>
<p>Sprague catches Devecmon shifting ground by showing that later in his book (page 47) Devecmon states: “Will or testament (which latter word is essentially identical in meaning with ‘will’) . . .” (310). </p>
<blockquote><p>13. To your heirs forever: <i>Julius Caesar</i>: Ant. Moreover he hath left you all his walks, His private arbors, and new-planted orchards On this side Tiber, he hath left them you And <i>to your heirs forever</i>. (III:ii:249&#8211;252)</p></blockquote>
<p>Again Devecmon quotes Cushman Davis, who remarks that Shakespeare did not use the appropriate legal term devise and instead used “to your heirs forever.” Devecmon wants to extend the remark and make it a criticism, saying, “Shakespeare nowhere uses the word in connection with a will. It was also unnecessary for Caesar’s will to have contained the expression ‘to your heirs forever’ in order to give the people a perpetual estate in the realty” (41). Although Shakespeare’s usage may be “remarked” upon, for that usage to be held out as more proof that Shakespeare did not know the legal meaning of the word <i>devise</i>, a word which he does not use, seems petty at the least. The poetry of Antony’s speech calls for Shakespeare’s usage, not strict legal usage. Devecmon has dipped here into an extreme silliness. </p>
<blockquote><p>14. Single bond: <i>Merchant of Venice</i>:<br />
Shy. Go with me to a notary; seal me there<br />
Your <i>single bond</i>, and in a merry sport<br />
If you replay me not on such a day,<br />
In such a place, such a sum as are<br />
Expressed in the condition, let the forfeit<br />
Be nominated for an equal pound<br />
Of your fair flesh. . . . (I:3:140&#8211;6)</p></blockquote>
<p>Devecmon says, “It is hardly conceivable that any lawyer, or anyone who had spent considerable time in a lawyer’s office, in Shakespeare’s age, could have been guilty of the egregious error of calling a bond with a collateral condition a ‘single bond.’” In <i>Shakespeare’s Law</i>, Greenwood quotes both the <i>Encyclopaedia of the Laws of England</i> and <i>Stephens Commentaries</i> to point out that single bonds include those where people are bound to pay at a certain time and place with a penalty attached in the event of failure to pay. Payment of a pound of flesh is the <i>penalty</i>, not a <i>condition</i> (24&#8211;26). In other words, Devecmon sees that Shakespeare has used the phrase “expressed in the condition” and immediately wants to translate that into a conditional bond in the legal sense. It is not. The bond is properly defined as a <i>single bond</i>. Once again, the error lies with Devecmon, not with Shakespeare. </p>
<p>Devecmon goes on to discuss a fifteenth error to which neither Greenwood nor Sprague respond. In his discussion of <i>The Merchant of Venice</i>, Devecmon mentions that the court awards all Shylock’s property: </p>
<blockquote><p>and all that he might afterward acquire, (for he was required to record in court a deed of gift of all he died possessed). . . . And, by the way, this deed of gift is another blunder of the law. It is a fixed principle of the common law that a man cannot convey a thing which he has not, though he afterward acquire it. Only things <i>in esse</i>, having an actual or potential existence, were subjects capable of gift or grant. (<i>Comyn’s</i> D) </p></blockquote>
<p>The response is actually given by Clarkson and Warren in their book: “It has been pointed out [by Devecmon] that such an instrument would be quite inoperative to transfer after-acquired property; only that which was <i>in esse</i> at the time the deed was delivered would pass. This observation, however, seems largely beside the point because this deed was not intended at the time of delivery to pass even the property which was <i>in esse</i>” (183). </p>
<blockquote><p>Thus has every supposed error raised by Devecmon been roundly refuted.<br />
But what of the claims by other writers? </p></blockquote>
<h4>Charles Allen’s Bad Law</h4>
<p>Charles Allen’s Notes on the <i>Bacon-Shakespeare Question</i> also has a chapter on Shakespeare’s bad law (VII). Allen’s examination of legal terms is simplistic and denies Shakespeare the possibility of figurative usage, as does Devecmon before him. Greenwood devotes much of his book <i>Shakespeare’s Law</i> to refuting Allen. Allen’s methods of argument are so poor that he is censured for his errors by later writers, such as Clarkson and Warren (219). Here is a passage that reveals Allen’s headache-inducing technique: </p>
<blockquote><p>In <i>King John</i> is found the line, “As seal to this indenture of my love.” “Indenture” seems to be used for assurance, or promise, or contract,&#8212;an untechnical use of the word. In <i>Winter’s Tale</i>, “land-damn” apparently refers to some mode of legal punishment; but the term is unknown in the law. It has been conjectured that this term is a corruption; but it appeared in all the Folios. “Rejoin” for “adjourn,” in <i>Coriolanus</i>, is believed to be unknown in legal use, though in Richardson’s Dictionary instances of its use are cited for Wotton, Burton, and North’s Plutarch. “Fee-grief,” in <i>Macbeth</i>, is a combination which is not found elsewhere. “Crazed title,” in <i>Midsummer’s Night’s Dream</i>, is not a legal epithet for a doubtful title. “Enfoeffed himself to popularity,” in <i>1 King Henry IV</i>, is a violent and untechnical straining of the sense of the legal term. (125&#8211;126)</p></blockquote>
<p>Enough! Suffice it to say that no later critic of Shakespeare’s law is comfortable citing Allen as support. </p>
<h4>Arthur Underhill’s “Bad Law&#8221;</h4>
<p>In <i>Shakespeare’s England: An Account of the Life &#038; Manners of his Age</i>, Arthur Underhill lets the reader know exactly where he stands by opening the section on “ Law” with the statement, “Despite Shakespeare’s frequent use of legal phrases and allusions his knowledge of law was neither profound nor accurate” (I.381).<a href="#ref11" id="fn11">[11]</a> In a paper presented at the 20th Annual Shakespeare Oxford Society Conference in 1996, entitled “Recent Developments in the Case for Oxford as Shakespeare,” Peter Moore deftly refutes the three instances where Underhill accuses Shakespeare of using legal terms incorrectly. <a href="#ref12" id="fn12">[12]</a>  </p>
<p>Underhill resurrects Devecmon’s claim that in <i>Love’s Labour’s Lost</i>, Shakespeare incorrectly uses <i>common</i> and <i>several</i> saying that the “allusion is not technically accurate, for it attributes them to the lips rather than to the right to kiss them, and uses the word <i>though</i> incorrectly, in place of <i>but</i>, which rather suggests that he considered “common” rights to be in some way <i>connected with</i>, instead of <i>opposed to</i>, “several” ones. Greenwood’s response to this “error” stands and again we note that Devecmon admitted that Shakespeare knew the difference. Moore points out that any annotated edition explains how Maria is playing on the two meanings. </p>
<p>Underhill cites Hamlet’s graveyard spiel on the ownership of land, wherein he dashes off close to a dozen legal terms, including <i>statutes and recognizances</i> (V:1:101&#8211;110). Underhill says: “What ‘statutes and recognizances’ had to do with the buying of land is not evident to a lawyer, and may suggest that Shakespeare’s knowledge of the law of property was neither accurate nor extensive” (1.406). Moore accurately points out that “any annotated, university-level edition of Hamlet, such as Arden, Oxford, or Cambridge, will explain exactly what <i>statutes and recognizances</i> had to do with buying land.” </p>
<p>Underhill finally turns to <i>All’s Well That Ends Well</i> where he performs what can only be described as an intentional misrepresentation in order to plant in the reader’s mind another “inaccuracy.” First, Underhill states that “the King of France insists upon his highborn ward Bertram marrying Helena, a poor physician’s daughter, who was of inferior rank to him.” He then quotes the passage where the King has Helena choose a husband (II:3:52&#8211;3). Underhill then informs us that “when Bertram, whom Helena chooses, protests, the King informs him peremptorily that </p>
<blockquote><p>It is in us to plant thine honour where<br />
We please to have it grow. Check thy contempt:<br />
 Obey our will, which travails in thy good.</p></blockquote>
<p>Underhill skips over 100 lines to quote this passage (II:3:156&#8211;8). He then quotes a passage from Jonson’s <i>Bartholomew Fair</i>, which he says alludes “to the condition that the spouse must be of equal rank with the ward, which Shakespeare has ignored.” Yet, between the two passages that Underhill quotes, is this: </p>
<blockquote><p>Ber. But follows it, my lord, to bring me down Must answer for your raising? I know her well: She had her breeding at my father’s charge&#8212; A poor physician’s daughter my wife! Disdain Rather corrupt me ever! </p>
<p>King. ’Tis only title thou disdain’st in her, the which I can build up. Strange it is that our bloods, Of colour, weight, and heat, pour’d all together, Would quite confound distinction, yet stands off In differences so mighty. (II:3:112&#8211;21) </p></blockquote>
<p>In Peter Moore’s words: “Shakespeare was perfectly well aware of the requirement. And Underhill knew that Shakespeare knew. One must wonder if Underhill has been intentionally deceptive” (Moore). </p>
<h4>Clarkson and Warren’s &#8220;Bad Law&#8221; </h4>
<p>Now we finally turn to Clarkson and Warren and <i>The Law of Property in Shakespeare and the Elizabethan Drama</i>. The authors labored long and hard to cross-catalog all of the legal references to property law used by seventeen Elizabethan dramatists. What did they actually say that persuaded O. Hood Phillips, who persuaded Irvin Leigh Matus, who persuaded Dr. David Kathman, that Shakespeare “was average at best” in the accuracy of his legal allusions? </p>
<blockquote><p>Not only do half of the dramatists employ legalisms more freely than Shakespeare, but most of them also exceed him in the detail and complexity of their legal problems and allusions, and with few exceptions display a degree of accuracy at least no lower than his. Proceeding from the general to the particular, about the same comparative average is maintained among the dramatists in their allusions to property law . . . .” (285) </p></blockquote>
<p>Perhaps Dr. Kathman did consult the source text, since that second sentence is not quoted by Matus or Phillips.<a href="#ref13" id="fn13">[13]</a> But he misconstrues and misapplies a quantitative average as a qualitative average. The point is that Clarkson and Warren fail to demonstrate even one real error in Shakespeare’s use of legal terms. </p>
<p>Using the index or the table of contents, a researcher would be hard-pressed to discover Shakespeare’s alleged inaccuracies. One who knows the history of the debate would eventually seek out Devecmon’s name in the index. Although there are only two listings, there are at least three actual mentions in the text, all criticizing Devecmon for erring in his criticism of Shakespeare. </p>
<p>The authors also criticize Charles Allen for erroneously pointing out errors in Shakespeare’s use of legal terms (219, 224, 246). Strangely, although the authors admit a liking for Allen’s book, they do not quote a single one of his “bad law” examples. Perhaps this is because they have read Greenwood’s <i>Shakespeare’s Law</i>, to which they make but a single reference, and that in a lowly footnote, to counter a claim of Allen’s (246). <a href="#ref14" id="fn14">[14]</a> </p>
<p><i>The Law of Property in Shakespeare and Elizabethan Drama</i> appears to contain only three examples of Shakespeare’s inaccurate use of legal terms. <a href="#ref15" id="fn15">[15]</a>  First, the authors repeat Devecmon’s discovery of a “technical error” in Shakespeare’s use of <i>entail</i> in <i>3 Henry VI</i> (59). They repeat Devecmon’s mistake in assuming that the term has only a technical usage. Second, they cite the Host in <i>The Merry Wives of Windsor</i> (II:1:206&#8211;7) for misusing <i>egress</i> and <i>regress</i> (70). Here again we see a significant failure, whether of common sense or a sense of humor, who can tell? </p>
<p>Clarkson and Warren’s third error is different. It actually promises to be a significant discovery. They begin their second chapter of Part III setting the stage for a discussion of the use of the term <i>heir</i>, particularly in <i>heir apparent</i> and <i>heir presumptive</i>, noting that there is an important distinction between the two (197&#8211;9). The heir apparent’s succession was contingent only upon his outliving his ancestor, such as an eldest son. This is the only circumstance that could deprive him of his inheritance. Thus, the heir apparent is in the direct line of succession. The heir presumptive, on the other hand, would be like a brother to a King, one whose succession could be displaced by the birth of a child to the King. Thus, Clarkson and Warren reveal Shakespeare’s error: </p>
<blockquote><p>
Shakespeare uses the phrase ‘heir apparent’ incorrectly when Cardinal Beaufort says of Humphrey, Duke of Gloucester, </p>
<p>Consider, lords, he is the next of blood<br />
And <i>heir apparent</i> to the English crown. (2 Henry VI I:1:150&#8211;1) </p>
<p>Gloucester was not Henry VI’s eldest son, of course, but his uncle, and therefore heir presumptive. Shakespeare did not adopt this language from Holinshed, and did not have here the excuse of metric requirements, since either word fits the iambic pentameter equally well. We have here just another example of Shakespeare’s being interested not so much in correctly stating a legal proposition, as in putting into the mouth of his character words which to the laymen-groundling sounded like good law, and at any rate conveyed the desired information. This is, of course, the essence of good theatre. (199)
</p></blockquote>
<p>If this is an error, it indeed qualifies as one that a man trained in law would not commit. Clarkson and Warren then proceed to give examples of contemporary dramatists who display a knowledge of the distinction&#8212;and these examples present a problem: They contain only the concept of the distinction, not the use of the phrase <i>heir presumptive</i>. Would this not set off an alarm of warning to the authors? </p>
<p>A quick check of a concordance reveals that Shakespeare never used <i>heir presumptive</i> or even <i>presumptive</i>. A check of the OED reveals that the first public use of <i>presumptive</i> occurs in 1609, and that <i>heir presumptive</i> is not used until 1628. Could this mean that the term was not in use during Shakespeare’s time? Yes! Under the third listing under <i>presumptive</i> the OED provides this example: </p>
<blockquote><p>1683 <i>Brit. Spec.</i> 272 Apparent (or according to the new-coyned Distinction, Presumptive) Heir of the Crown is His Royal Highness James etc. </p></blockquote>
<p>In other words, in the late seventeenth century, <i>heir apparent</i> was still commonly used for both distinctions while <i>heir presumptive</i> was regarded as a newly-coined term. Once again, it is the critics of Shakespeare’s law who are proven to be in error, not Shakespeare. In a passage referring to <i>Shakespeare’s Law</i>, Sir Plunkett Barton states: </p>
<blockquote><p>Some critics have gone to the opposite extreme, and have dwelt upon what they call “the bad law” in the plays of Shakespeare. He, like other dramatists, probably cared very little whether this law was strictly accurate, so long as it helped the plot or the dialogue. Sir George Greenwood, with whom this writer does not always agree, has disposed of this subject in a recent book. (149)</p></blockquote>
<p>As Lord Campbell stated over 140 years ago, as to Shakespeare’s use of legal terms “there can neither be demurrer nor bill of exceptions, nor writ of error.” </p>
<h4>Sir George Greenwood and the “Lost” Debate</h4>
<p>Table Two: The Robertson/Greenwood Debates <br />
* 1899 William Devecmon <i>IN RE Shakespeare’s “Legal Acquirements” </i><br />
* 1900 Charles Allen <i>Notes on the Bacon-Shakespeare Question</i><br />
1902 H.B. Sprague “Shakespeare’s Alleged Blunders,” <i>Yale Law Journal </i><br />
1902 Judge Webb <i>The Mystery of William Shakespeare </i><br />
1902 Lord Penzance <i>The Bacon-Shakespeare Controversy </i><br />
1904 J. Churton Collins Studies in Shakespeare<br />
* 1905 J.M. Robertson <i>Did Shakespeare Write “Titus Andronicus”?</i><br />
1908 George Greenwood <i>The Shakespeare Problem Restated</i><br />
1911 Edward J. White <i>The Law in Shakespeare</i><br />
* 1913 J.M. Robertson <i>The Baconian Heresy</i><br />
1916 George Greenwood <i>Is There a Shakespeare Problem?</i><br />
* 1916 J.M. Robertson Letters in <i>The Nation</i> and <i>Literary Guide</i><br />
1916 George Greenwood <i>Shakespeare’s Law and Latin</i><br />
* 1916 Arthur Underhill “Law,” <i>Shakespeare’s England</i><br />
1920 George Greenwood <i>Shakespeare’s Law</i> <br />
*<i>writers skeptical of Shakespeare’s knowledge of law </i></p>
<p>Despite the efforts of Devecmon and Allen, the tide of Baconian books continued to rise, including two by distinguished Judges. Judge Webb, in his <i>The Mystery of William Shakespeare</i>, is the first to make the explicit point that “In the Plays every one of the characters talk law” (167). He then proceeds to give a couple of pages of examples. He contributes little else to the argument other than this absolute generalization, which is defensible when applied to almost all major characters and a majority of minor characters. </p>
<p>That same year Lord Penzance’s book, <i>The Bacon-Shakespeare Controversy</i>, devoted over a dozen pages to the argument, mostly quoting Lord Campbell, Grant White, and Cushman Davis, and covering similar terrain. However, Lord Penzance adds his voice to the building chorus that Shakespeare’s usage indicates a solid legal mind, and is the first to clearly articulate a proposition that has yet to be acknowledged and countered: </p>
<blockquote><p>The mode in which this knowledge was pressed into the service on all occasions to express his meaning and illustrate his thought, was quite unexampled. He seems to have had a special pleasure in his complete and ready mastership of it in all its branches. As manifested in the plays this legal knowledge and learning had therefore a special character which places it on a wholly different footing from the rest of the multifarious knowledge which is exhibited in page after page of the plays. At every turn and point at which the author required a metaphor, simile, or illustration, his mind ever turned to the law. He seems almost to have thought in legal phrases&#8212;the commonest of legal expressions were ever at the end of his pen in description or illustration. That he should have descanted in lawyer language when he had a forensic subject in hand, such as Shylock’s bond, was to be expected. <i>But the knowledge of law in “Shakespeare” was exhibited in a far different manner: it protruded itself on all occasions, appropriate or inappropriate, and mingled itself with strains of thought widely divergent from forensic subjects.</i> (85&#8211;86, emphasis added) </p></blockquote>
<p>Lord Penzance makes a crucial distinction, later echoed by Greenwood, that fails to impress the literal-minded critics of Shakespeare’s legal knowledge: the fact that Shakespeare used legal terms accurately in those places requiring accurate forensic usage should not be the base on which to build an argument supporting Shakespeare’s legal training. Rather, that base would best be one of legal metaphors and similes and puns that arise in places where one does not expect forensic terminology. In other words, Shakespeare’s mind exhibits the kind of training in law that comes with deep, long-term study&#8212;a mind that naturally views the world in legal metaphors. This distinction is lost on many later writers. </p>
<p>In 1905, J.M. Robertson, a Member of Parliament but not a lawyer, published his book <i>Did Shakespeare Write “Titus Andronicus”?</i> In a brief four-page passage with the heading “Alleged Shakespearean Legal Allusions” (nobody had ever questioned that Shakespeare’s works contain legal allusions, only what may be inferred from them), Robertson criticizes a non-lawyer, Churton Collins, for merely listing in his 1904 book, <i>Studies in Shakespeare</i>, the legal terms in <i>Titus Andronicus</i>. Robertson counters that Shakespeare was not the only one who used legal terms. He then cites Devecmon’s statement that Webster’s <i>The Devil’s Law Case</i> displays “more legal expressions (some of them highly technical, and all correctly used) than are to be found in any single one of Shakespeare’s works” (Titus 54). He goes on to present his own list of legal terms in three plays by Peele&#8212;<i>The Arraignment of Paris</i>, <i>The Battle of Alcazar</i>, and <i>Edward I</i>&#8212;and in <i>The Spanish Tragedy</i>. </p>
<p>Robertson is right to point out that mere use of legal terms fails to prove legal training, and that other dramatists at that time used them. But he is wrong to state that “The general thesis as to Shakespeare’s legal knowledge or proclivities . . . was exhaustively dealt with . . . by Mr. Devecmon” (54). Devecmon’s treatment fell far short of exhaustive. If Robertson had known what he would trigger with his brief treatment of Shakespeare’s legal allusions, he might have skipped the entire question. </p>
<p>In 1908, Sir George Greenwood published his landmark 560-page <i>The Shakespeare Problem Restated</i>. The book was a landmark for two reasons. On the one hand, it was the first anti-Stratfordian book that examined the evidence of authorship dispassionately. How can this be? Because Greenwood had yet to decide on exactly who was the author. In the Preface, he indicates that “it is no part of my plan or intention to defend that theory” (vii); “I am quite free to admit that some of the extreme advocates of the ‘heresy’ have done much harm putting forward wild, ridiculous, and fantastic theories” (xv&#8211;xvi); and </p>
<blockquote><p>I have endevoured to avoid all fantastic theories, and although of course, a certain amount of hypothesis is unavoidable…my wish has been to depart as little as possible from the realm of fact, so far as we can ascertain it, and of legitimate argument founded thereon. I have made no attempt to deal with the positive side of the question. I leave it to others to say, if they can, who the great magician really was. (xviii&#8211;xix) </p></blockquote>
<p>This stance is truly dramatic and goes far in helping to clarify the arguments surrounding the man Shakspere and his relationship to the author Shakespeare, without the intervening distractions of more tenuous arguments positing the real author. </p>
<p>The book was also a landmark in its profound influence on a number of famous writers, lawyers, and other professionals, most notably Mark Twain, Sigmund Freud, and J. Thomas Looney, the author of <i>Shakespeare” Identified</i>, who based some of the criteria he used to search for a likely author on Greenwood’s book. </p>
<p>In a long chapter, “Shakespeare as a Lawyer,” Greenwood finds fault with Robertson’s brief foray into the legal question. Greenwood reminds the reader of Lord Campbell’s statement warning of the danger for a layman to tamper with the lawyer’s craft: “The layman is certain to betray himself by using some expression which a lawyer would never employ” (371). After pointing to such an error made by Sir Sidney Lee, the noted Shakespearean biographer, Greenwood reveals in a footnote that Robertson had also made such an error: “I find yet another instance in Mr. J. M. Robertson’s <i>Did Shakespeare Write “Titus Andronicus”?</i> (59). Mr. Robertson writes: ‘Let us formulate all the tests that the problem admits of, first putting a few necessary caveats.’ No lawyer would speak of ‘<i>putting</i> a caveat.’ The legal term is to ‘<i>enter</i> a caveat’” (372). </p>
<p>Robertson answers Greenwood on this,<a href="#ref16" id="fn16">[16]</a>  and on Greenwood’s reliance on Lord Campbell, Richard Grant White, and others as authorities, in his book, <i>The Baconian Heresy</i>, five years later. Greenwood responds to Robertson’s remarkable assertions three years after that in Is There a Shakespeare Problem? That same year, Robertson and Greenwood exchange a series of letters in <i>The Literary Guide</i> and in <i>The Nation</i>, and some months later Greenwood publishes his side of that exchange in <i>Shakespeare’s Law and Latin</i>, to which Robertson does not respond. In fact, in 1924 Robertson updates <i>Did Shakespeare Write “Titus Andronicus”?</i>, retitling it <i>An Introduction to the Study of the Shakespeare Canon</i>, leaving intact the section on “Alleged Shakespearean Legal Allusions” with additional examples and with one mention of Greenwood, while referring the reader back to <i>The Baconian Heresy</i>. </p>
<p>A closer examination of the debate between Robertson and Greenwood is important for two reasons: later writers, into the 1990s, directly or indirectly rely on Robertson as support for their arguments. <a href="#ref17" id="fn17">[17]</a> Furthermore, the debate itself clearly reveals the two domains of the argument that later writers fail to acknowledge&#8212;a primarily quantitative case versus a primarily qualitative case. </p>
<p>Because of the voluminous exchange (over 300 pages almost evenly divided between the two debaters), it’s best to trace three exchanges: 1) Robertson’s criticism of Lord Campbell’s assertion that Shakespeare’s use of <i>fine</i> and <i>recovery</i> in <i>Merry Wives of Windsor</i> indicates how he had the “recondite terms of law” constantly running in his head; 2) Robertson’s criticism of Grant White’s assertion that Shakespeare’s use of the legal term <i>purchase</i> is remarkable; and 3) Robertson’s criticism of Greenwood’s assertion that Webster’s <i>The Devil’s Law Case</i> “shows no knowledge of law whatever on the part of its author.” I quote extensively so that the reader can get a sense of the manner in which both men apply reason. </p>
<h4>Fine and Recovery</h4>
<p>In <i>The Baconian Heresy</i>, after nine pages attacking Greenwood, Robertson consumes almost fifty pages attacking forty-three evidentiary examples discussed by Lord Campbell. Although Robertson and others may be right in attacking Lord Campbell for any implication that the mere use of legal terms constitutes proof that Shakespeare has had a legal education, Robertson unwittingly supports Lord Campbell’s argument that “Shakespeare’s head was so full of the recondite terms of the law, that he makes a lady thus pour them out, in a confidential <i>tête-à-tête</i> conversation with another lady” (40). The second example involves Lord Campbell’s pointing out a passage in <i>The Merry Wives of Windsor</i> in which two ladies have a conversation regarding Falstaff: </p>
<blockquote><p>Mrs. Ford: What think you: may we, with the warrant of womanhood and the witness of a good conscience, pursue him with an further revenge? Mrs. Page: The spirit of wantonness is sure scared out of him; if the devil have him not in <i>fee-simple, with fine and recovery</i>, he will never, I think, in the way of waste attempt us again. <a href="#ref18" id="fn18">[18]</a>(IV:2:193&#8211;199) </p></blockquote>
<p>Robertson then gives over three pages of examples where other contemporary writers use the terms <i>fine</i> and <i>recover</i>. Robertson quotes from Greene’s Card of Fancy (41): </p>
<blockquote><p>
Yet Madame (quoth he) when the debt is confest there remaineth some hope of recovery. . . . The debt being due, he shall by constraint of law and his own confession (maugre his face) be forced to make restitution.<br />
Truth, Gwyndonius (quoth she), if he commence his action in a right case, and the plea he puts in prove not imperfect. But yet take this by the way, it is hard for that plaintiff to recover his costs where the defendant, being judge, sets down the sentence.
</p></blockquote>
<p>Robertson then exclaims: “The ‘debt’ in question is one of unrequited love. Shall we then pronounce that Greene wrote as he did because ‘his head was full of the recondite terms of the law?’. . . Greene was no lawyer.” Robertson presses the point in the fourth example, where <i>fine</i> and <i>recovery</i> are used again in <i>The Comedy of Errors</i> (II, ii, 71&#8211;75): </p>
<blockquote><p>Syr. Dro. There’s no time for a man to recover his hair that grows bald by nature.<br />
Syr. Ant. May he not do it by <i>fine and recovery</i>? <br />
Syr. Dro. Yes, to pay a fine for a periwig, and recover the lost hair of another man. </p></blockquote>
<p>Lord Campbell comments upon the passage, “[These jests] show the author to be very familiar with some of the most abstruse proceedings in English jurisprudence.” </p>
<p>“‘Fine’ as it happens, is a common figure in the drama of Shakespeare’s day,” Robertson replies. “Bellafront in Dekker’s <i>Honest Whore</i> (Part II, iv, 1) speaks of ‘an easy fine, For which, me thought, I leased away my soul.’. . . There is nothing more technical in the <i>Comedy of Error</i>s” (41). </p>
<p>Indeed, Robertson gives many more examples of contemporary dramatists (Jonson, Massinger, Webster), who were not legally trained, using the terms <i>fine</i> to mean a money payment, and <i>recovery</i> to mean the reacquisition of that which was taken or lost. What possible reason could Greenwood have to object? Simply the very good reason that, since Robertson himself is not a lawyer, he failed to recognize the technical legal meaning of the phrase <i>fine and recovery</i>, and in his ignorance, supplied equivocal parallels that have absolutely no application. In <i>Is There a Shakespeare Problem?</i>, Greenwood writes: </p>
<blockquote><p>Amazement seizes me as I read passages like this. Is this, I ask, the strong reasoner, the great logician, the doughty controversialist? And does he really think that there is any analogy between the passage cited from <i>The Merry Wives</i> and the quotation above set forth from <i>The Card of Fancy</i>? Shakespeare uses the legal expressions (and whether “recondite” or not, they are, certainly, highly technical expressions): “fee simple with fine and recovery.” What does Mr. Robertson triumphantly produce as a parallel passage? A quotation from Greene in which, certainly, there is mention of an “action” and of a “plea,” and in which, moreover, there is talk of “recovery,” viz. the recovery of a debt, and the recovery of costs. And Mr. Robertson would really appear to think that this ordinary use of the word is equivalent to the very technical use of the word “recovery” as used in connection with a “fine”! It would be as much to the point to cite a passage in which a patient is stated to have made a good “recovery” from an illness. But of course the ordinary reader, glancing rapidly through Mr. Robertson’s countless parallels (so called), and knowing nothing of law, or legal terms, thinks that in the multitude of instances there is necessarily wisdom. . . . If Mr. Robertson had submitted his proofs to any young law student preparing for his “exam,” it would have been pointed out to him that he had been guilty of a ridiculous blunder. “Fine,” as used in the expression “fine and recovery,” means a method (now obsolete) of transferring land by means of a fictitious lawsuit. It has nothing to do with a money payment. But Mr. Robertson adduces as parallel passages to that cited from <i>The Comedy of Errors</i> lines from Dekker and Porter respectively, where the word “fine” is used in a totally different sense, viz. as meaning the premium on the grant of a lease! No better example could be found of Mr. Robertson’s qualifications for instructing us on the subject of Shakespeare’s knowledge of law. (59&#8211;61)</p></blockquote>
<p>In the November 13, 1915, issue of <i>The Nation</i>, a reviewer of Greenwood’s book writes, “When Mr. Robertson avows the belief that any intelligent man could pick up this vocabulary, as it were, in the streets, he delivers himself into the enemy’s hand. When he quotes from Greene a passage about the ‘recovery’ of a debt as a parallel to Shakespeare’s reference to a ‘fine and recovery,’ he puts himself on a level with the index-marker who wrote on ‘Millon Liberty and ditto on the Floss’” (263).</p>
<p> With unusual “reasoning” Robertson responded to this reviewer in the January 1, 1916, issue of <i>The Nation</i>: </p>
<blockquote><p>It seems brutal to cancel out this pretty piece of wit; but the statement is sheer hallucination. There is not the remotest suggestion in my book that the non-technical term “recovery” is a parallel to the technical term “fine and recovery.” Till I read your reviewer’s pronouncement it had never dawned on me that such an inference could be drawn. The passage from Greene was avowedly cited as showing “another lady” talking in the legal vein which Campbell declared to be proof of the author’s “legal acquirements” when put in a woman’s dialogue by Shakespeare. In the passage cited by Campbell several words are italicized, some of them occurring thousands of times in Elizabethan drama and ordinary literature. In later passages the common terms italicized by Campbell are freely paralleled. Your reviewer has raised an imaginary issue, and has thus wholly ignored the one really raised at this particular point. On his and Campbell’s principles Greene was a trained lawyer if Shakespeare was. (510)</p></blockquote>
<p>Is Robertson a Sophist? The reader may well ask, “How can Robertson create a <i>parallel</i> with words that do not have parallel meanings?” With more unusual “reasoning” Robertson responded to Greenwood directly in the January 1, 1916, issue of <i>The Literary Guide</i>. Here is his complete response: </p>
<blockquote><p>Here I will merely remark that his attempt to convict me of identifying simple “fine” with “fine and recovery”&#8212;a blunder made before him by a reviewer in this journal, and copied thence by him&#8212;is worthy of the rest. The wording of my text explodes the pretence. Again and again I have “paralleled” legal phrases with absolutely different ones. The point is that the one set is as much evidence for legal knowledge or training as the other. (10)</p></blockquote>
<p>No, Mr. Robertson, it’s not. The point made by Lord Campbell is that Shakespeare used “recondite terms of the law” and showed evidence of being “familiar with some of the most abstruse proceedings in English jurisprudence.” He cites Shakespeare’s technical use of <i>fine and recovery</i> as an example. None of Robertson’s “parallels” are technical. Robertson might as well be citing as “parallels” such words as <i>arrest</i> or <i>case</i> or <i>judge</i>, terms that are not at all recondite. </p>
<p>We can appreciate Greenwood’s incredulity at Robertson’s response in the March 1, 1916, issue of <i>The Literary Guide</i>: </p>
<blockquote><p>
He now asks us to believe that he did not cite the passage in question as showing that the word “fine” in the technical sense (as in “fine and recovery&#8221;) was “a common figure in the drama of Shakespeare’s day,” but only as showing that the word, in its ordinary meaning, was such “a common figure”! In other words, he asks us to believe that he was guilty of the futility of citing the occurrence of the word “fine,” in its common meaning of a money-payment, in writers contemporary with Shakespeare, as an example of their use of highly technical legal expressions! But “fine,” a money-payment, is not a technical expression at all. Thus, on Mr. Robertson’s own showing, his pronouncement, “There’s nothing more technical in <i>The Comedy of Errors</i>,” becomes an absurdity. . . . </p>
<p>Well did Lord Campbell write: “Let a non-professional man, however acute, presume to talk law, or to draw illustrations from legal science, and he will very speedily fall into some laughable absurdity.” (44)
</p></blockquote>
<p>The same may be true of Shakespeare, a point that further supports Shakespeare’s having legal training. Robertson, though a Member of Parliament with access to a dozen books on Shakespeare’s knowledge of law and legal dictionaries and to many associates who are lawyers, once divested of his sources, stands revealed. Once again we see that it is Robertson who is ignorant of the law and not Shakespeare. In his 1916 monograph <i>Shakespeare’s Law and Latin</i>, Greenwood puts the cap on this episode: </p>
<blockquote><p>But such are Mr. Robertson’s parallelisms. Having no knowledge of law, he cannot discriminate between a really technical legal expression, such as might, possibly, be evidentiary of the “legal acquirements” of the writer, and a phrase which, though it may have some legal flavour about it, is yet but a commonplace every-day expression, from which no such inference can be drawn. (17) </p></blockquote>
<p>We see here a stark contrast in the intellectual rigor between Robertson and Greenwood. Where Greenwood holds to principled intellectual integrity, Robertson willingly embarks on the exploitative rhetoric of a politician with his hand in the cookie jar. </p>
<h4>Purchase</h4>
<p>Robertson’s inability to distinguish between technical legal expressions and their commonplace counterparts is not limited to <i>fine and recovery</i>. Robertson (who is not a lawyer, remember) attacks Grant White (who <i>is</i> a lawyer) for his claim that Shakespeare’s use of the legal term <i>purchase</i> is remarkable (103): </p>
<blockquote><p>The philological fact is that the sense of “acquisition,” “a thing got,” is the fundamental meaning of the word “purchase,” of which the starting-point is the idea of the chase (Fr. Pourchasser), the product of hunting or foraging. It is the idea of buying that is secondary, thought that is now become the normal force of the word. (101) </p></blockquote>
<p>“So far so good,” responds <i>Greenwood in Shakespeare’s Law and Latin</i> (31). <a href="#ref19" id="fn19">[19]</a>  But Robertson goes further: That is to say, the so-called “legal” meaning of “acquisition” of property by one’s personal action as distinct from “inheritance” is the original meaning, and is the likely sense of the word in the whole feudal period. (101) </p>
<p>Robertson presents ten pages of examples where other dramatists use <i>purchase</i> in the simple sense of <i>to buy</i>. But Greenwood exposes Robertson’s sloppiness: </p>
<blockquote><p>Now, I was at first puzzled to know whence Mr. Robertson takes his definition of “the so-called ‘legal’ meaning” of the word “purchase,” which he marks as a quotation. I find, however, in the Oxford Dictionary, under the word “purchase,” the following: “(5) Law. The acquirement of property by one’s personal action as distinct from inheritance.” So that perhaps I should not be wrong in assuming that Mr. Robertson has taken his definition from that source. Now, the Oxford Dictionary is generally a pretty safe guide; but in this instance it is not so, for the definition is obviously inadequate. In the first place, for “property” we ought to read “real property,” or “land,” seeing that the term “purchase,” in the “legal” sense, has no application to “personal” property. And, secondly, one may take land by “purchase,” in the “legal” sense, without any “personal action” of one’s own, for “purchaser,” in the “legal” sense, includes those who have received land as a gift, or upon whom it has been settled before they were born, and even heirs-at-law, who would otherwise have inherited, if they take by a devise not in accordance with the course of descents. If Mr. Robertson had looked further down in the Oxford Dictionary, under the word “purchase,” supposing he consulted it on this point, he would have found the following quoted from <i>Wharton’s Law Lexicon</i>: “An acquisition of land in any lawful manner, other than by descent or the mere act of law, and includes escheat, occupancy, prescription, forfeiture, and alienation”; and under “purchaser” he would have found this quotation from Blackstone’s <i>Commentaries</i>: “The first purchaser . . . is he who first acquired the estate to his family, whether the same was transferred to him by sale, or by gift, or by any other method, except only that of descent . . . . If I give land freely to another, he is in the eye of the law a purchaser.” Or, turning to <i>Williams on Real Property</i> (21 ed. 227), he might have read: “The word purchase has in law a meaning more extended than its ordinary sense: it is possession to which a man cometh not by title of descent: a devisee under a will is accordingly a purchaser in law.” (31&#8211;32)</p></blockquote>
<p>Greenwood suggests here that Robertson’s literary mind may be in play, but that is no substitute for a legal mind. Robertson’s simple reliance on, and mistaken use of, the OED betrays him. Like his “parallels” for <i>fine and recovery</i>, Robertson tries to parallel Shakespeare’s use of the technical legal meaning of <i>purchase</i> with dozens of examples of other dramatists’ use of the word’s common meaning. Because he is either unable or unwilling to address Greenwood’s point, he addresses, at great length, something that is beside the point. Such equivocation is <i>de rigueur</i> for Robertson. </p>
<h4>The Devil’s Law Case</h4>
<p>What’s important to note in the previous two examples is that Robertson throws out dozens of examples of contemporary writers using the same terms (even when used in other than their technical legal sense) expecting to make a case that Shakespeare’s knowledge of law is nothing unusual&#8212;that in fact, other dramatists who were not lawyers used more law terms more technically. </p>
<p>In <i>Did Shakespeare Write “Titus Andronicus”?</i> Robertson writes: “Mr. Devecmon points out that in Webster’s <i>The Devil’s Law Case</i> there are ‘more legal expressions (some of them highly technical, and all correctly used) than there are to be found in any single one of Shakespeare’s works’” (54). Neither critic provides support for that statement, but decades later, it is still advanced in virtually identical words by O. Hood Phillips: “Webster’s <i>The Devil’s Law Case</i> contains more legal expressions, some of them highly technical and all correctly used, than are to be found in any single one of Shakespeare’s works” (187). </p>
<p>Greenwood responds to both in <i>The Shakespeare Problem Restated</i>: </p>
<blockquote><p>
Now if this statement were true, the answer would be that the subject of the play is a “Law Case,” and that, therefore, the work was naturally full of legal expressions, and, further, that doubtless the brilliant author had well got up his subject for the purposes of the drama; whereas the proposition concerning Shakespeare is that his knowledge not only of legal terminology, but of legal principles and of the habits and customs of lawyers, had become so much a part of his life and character and mental equipment that it was always showing itself even when very little appropriate to the subject on hand.<br />
<br />
But the fact is that the statement as to <i>The Devil’s Law Case</i> is not only not true, but so preposterously contrary to the truth that one can hardly believe that Mr. Devecmon had read the drama in question. There is, incredible as it may sound, practically no law at all in Webster’s play! There are, indeed, a few legal terms such as “livery and seisin,” “a caveat,” “tenements,” “executors,” thrown in here and there, and there is an absurd travesty of a trial where each and everybody&#8212;judge, counsel, witness, or spectator&#8212;seems to put in a word or two just as it pleases him; but to say that there are “more legal expressions in the play (and some of them highly technical and all correctly used) than are to be found in any single one of Shakespeare’s works” is an astounding perversion of the fact, as any reader can see who chooses to peruse Webster’s not very delicate drama. I cannot but think that Mr. Robertson had either not read the play, or had forgotten it when he quoted this amazing passage. (397&#8211;398)
</p></blockquote>
<p>Strong words. And they evoked a strong reaction from Robertson, who declares: </p>
<blockquote><p>I am quite willing to stake the entire question upon this issue. Mr. Greenwood might, I think, have taken the trouble to collate the legal references in <i>The Devil’s Law Case</i>, and compare them with Lord Campbell’s citations from any one Shakespearean play: it would have been more to the purpose than any amount of simple asseveration, however emphatic. He would thus have learned that the “few” legal terms which he dismisses as of no account are exactly on a par with most of those cited by Campbell from Shakespeare (only more realistic), and with those cited by Grant White in a passage which he himself has quoted with approbation. Having read Webster’s play thrice&#8212; which is more, I fear, than Mr. Greenwood had done by Campbell’s book&#8212;I will make good his omission. The following “legal” phrases are cited as they come, Act by Act. (<i>Heresy</i> 157&#8211;158) </p></blockquote>
<p>And Robertson does precisely that for two pages. The terms are those of property law, and thirty years later Clarkson and Warren compile a list of only fourteen distinct property law terms in Webster’s play. (They cite three plays from Shakespeare that exceed that number, including <i>Hamlet</i>.) So in strict numbers, Greenwood is proved right. But the number is not really Greenwood’s point, which Robertson has missed completely: </p>
<blockquote><p>How Mr. Greenwood, in the face of all this matter, can say that Mr. Devecmon’s assertion “is an astounding perversion of the fact,” I cannot understand. . . . I am not concerned to go into the question of the accuracy of Webster’s or Massinger’s phraseology: that is neither here nor there. Even Campbell, in flat contradiction of his own claims, admitted inaccuracies in Shakespeare; and Mr. Greenwood, in turn, fatally pressed by Mr. Devecmon, makes further admissions, forgetting that they absolutely destroy his own case, which rested not upon mere citation of legal matter in Shakespeare, but upon the repeated claim that Shakespeare’s law was impeccable, never open to demurrer or writ of error, and therefore possible only to one within the freemasonry of the profession. It may be left to either lawyers or laymen to judge for themselves whether there is not much more show of legal knowledge and recourse to legal phraseology in Webster than in Shakespeare. From twenty-three of Shakespeare’s plays, Lord Campbell can cite on the average only two or three legal allusions apiece: Webster’s one play yields over thirty. I do not for a moment pretend that they exhibit “deep” or “accurate” knowledge: I leave these follies to the other side, who profess to certify a dramatist’s lawyership on grounds that would move a policeman to derision. The question is whether Webster’s multitude of “legalisms” do not, by every principle on which Lord Campbell proceeded in his extracts and his comments, exhibit tenfold more preoccupation with legal matters than do Shakespeare’s, and, by mere variety of allusion, far more “knowledge.” (<i>Heresy</i> 161&#8211;162 )</p></blockquote>
<p>Greenwood’s response presses home his original point that Robertson either fails to grasp or purposefully avoids, the fact that the question is best dealt with <i>qualitatively</i>: </p>
<blockquote><p>
Presuming that by “the entire question” he means the question whether or not Shakespeare’s works (Plays and Poems) show, as a whole, and speaking generally, more knowledge of law than the works of other poets and dramatists, his contemporaries, for whom we are not justified in assuming any special legal training or opportunity for acquiring legal knowledge, I am quite content to accept this challenge. I repeat that <i>The Devil’s Law Case</i> shows no knowledge of law whatever on the part of its author. On the contrary, one might be astonished that in a play the subject of which is a “law case” there should be such a dearth of anything that a lawyer can recognise as “law,” were it not for the fact that the whole thing is, of course, in the nature of an extravaganza. A clever writer like Webster, if he had been seriously engaged in writing a legal drama, would no doubt have got up his law beforehand, and in that case we might, certainly, have been treated to many “legal expressions, some of them highly technical and all correctly used.” As it is, considering the nature of the play in question, it is not surprising that such expressions are conspicuous by their absence. </p>
<p>Here I must advert to what seems to me a very naïve observation made by Mr. Robertson with reference to the works of dramatists contemporary with Shakespeare, viz. “Where Shakespeare merely uses legal phrases, as often as not metaphorically, the other dramatists introduce actual matters of litigation.” My comment here is: “Exactly so.” When “the other dramatists” introduce “actual matters of litigation,” they, as a natural and inevitable consequence, introduce also legal terms and expressions, more or less correctly used. The contention with regard to Shakespeare is that he introduces such expressions (whether “metaphorically” or otherwise) where there is no necessity for them, and sometimes where they seem not a little out of place, or even “inartistic,”&#8212;pace Mr. Robertson. A man who puts on the stage “matters of actual litigation” must talk law as well as he can, and, doubtless, if a clever man, though no lawyer, he can get up his law well enough to avoid making many mistakes, or he may get a lawyer friend to help him. But the man who is himself a lawyer, or who has had some legal training, is frequently apt to bring in legal phrases and expression, maxims and metaphors, on occasions when they would not suggest themselves to an ordinary layman, or where he might think them actually <i>mal à propos</i>. . . . </p>
<p>And here let me commend to Mr. Robertson’s consideration words which I have recently lighted upon in a little book entitled <i>Was Shakespeare a Lawyer?</i> by a barrister who contents himself with the initials “H.T.” Shakespeare, writes this author (p. 4), shows that he was well acquainted with law, because “when he allows any of his characters to speak law, they not being professional lawyers, he makes them talk nonsense. In this he evinces a professional pride&#8212;a sentiment which is common to men of all professions; hence non-professionals are allowed to lay down bad law and to misuse legal words. On the contrary, when his lawyers speak, their doctrine is always sound, and their technical terms are correct.” </p>
<p>This criticism well illustrates the point I have endeavoured to make clear. A lawyer writing in his own personal capacity will use correct legal terms. A lawyer dramatist will make legal characters use correct legal terms; but, if he is a skilful and artistic dramatist, he certainly will not make his lay characters speak in the technical language of the trained lawyer. (<i>Problem</i> 79&#8211;90)
</p></blockquote>
<p>Robertson is silent after this response from Greenwood. </p>
<p>What are we to make of this debate, keeping in mind that there are dozens of other issues on which these two men debated, in every case revealing Greenwood’s clarity and Robertson’s inability, or refusal, to grasp Greenwood’s points? We would think that some notice would be taken of what is abundantly clear to anyone who has read the entire debate, that Greenwood beat Robertson ten rounds out of ten. In fact we find nothing of the sort. </p>
<p>The Selective-Amnesia Decades </p>
<p>Table Three: The Selective Amnesia Decades </p>
<p>*1929 Sir Plunket Barton <i>Links Between Shakespeare and the Law</i><br />
*1942 Clarkson &#038; Warren <i>The Law of Property in Shakespeare </i><br />
*1954 Louis Marder “Law in Shakespeare,” <i>Renaissance Papers</i><br />
*1958 R.C. Churchill <i>Shakespeare and His Betters</i><br />
*1962 H.N. Gibson <i>The Shakespeare Claimants</i><br />
*1967 George Keeton <i>Shakespeare’s Legal &#038; Political Background </i><br />
*1972 O. Hood Phillips <i>Shakespeare and the Lawyers</i><br />
*1991 S. Schoenbaum <i>Shakespeare’s Lives</i><br />
*1993 Ian Wilson <i>Shakespeare: The Evidence</i><br />
*1994 Daniel Kornstein <i>Kill All the Lawyers?</i><br />
*1994 Irvin Matus <i>Shakespeare, IN FACT</i><br />
<br />
*<i>writer’s skeptical of Shakespeare’s knowledge of law</i>. </p>
<p>In order to determine how later writers, critical of Shakespeare’s having had legal training, deal with Greenwood, I surveyed their works for references to Greenwood and Robertson. </p>
<p>In 1929, thirteen years after the final salvo in the Greenwood-Robertson debate, Sir Plunket Barton wrote <i>Links Between Shakespeare and the Law</i>. He only mentions Greenwood once, and that as support for the claim that Shakespeare’s use of legal terms were accurate (149&#8211;150). He only acknowledges reading <i>Shakespeare’s Law</i>, in which Greenwood deals with critics other than Robertson. Barton cites Robertson for his “industry and research” in demonstrating that “Shakespeare’s legal allusions were less numerous and far less technical than those of Ben Jonson and other dramatists of that time” (10). He gives no indication that Robertson’s “industry and research” contained marvelous flaws and were extensively critiqued by Greenwood. </p>
<p>Another thirteen years pass before Clarkson and Warren publish their book. (One gets the feeling that the Greenwood-Robertson debates were so decisive that enough time had to pass to allow the public to forget). Greenwood’s name does not appear in the index, but he is mentioned once in a footnote as support for their critique of Charles Allen’s example of supposed bad law in Shakespeare. Their bibliography lists only one of Greenwood’s books, <i>Shakespeare’s Law</i>, while Robertson gets but three glancing mentions in footnotes. </p>
<p>In 1954, Louis Marder used Clarkson and Warren to support his conclusion that “Shakespeare, therefore, was no lawyer” in a short essay, “Law in Shakespeare,” that appeared in the booklet, <i>Renaissance Papers</i> (41). In his brief history of the argument, Marder skips over any mention of either Greenwood or Robertson. </p>
<p>In 1958, R.N. Churchill wrote <i>Shakespeare and His Betters</i>, an attempt to quell the new life given to the Shakespeare authorship controversy by the book <i>This Star of England</i>, written by Dorothy Ogburn and Charlton Ogburn, Sr., a lawyer. Churchill’s index gives twelve listings for Greenwood, eleven of which are incidental (for example, he twice mentions that Greenwood and Robertson were friends, and that he was president of the <i>Shakespeare Fellowship</i> and friends with Thomas Looney, and so on). But one reference stands out in its sideswiping effort: “Gilbert Standen’s more recent <i>Shakespeare Authorship: A Summary of the Evidence</i> is written from the point of view of a Group Theorist who believes Oxford to be the leading figure. Neither this nor Slater’s <i>Seven Shakespeares</i> nor the various works of Greenwood can truly claim to be unbiased towards the traditional authorship. It would be surprising if they were” (219&#8211;220). In other words, the only time Churchill finds Greenwood worth mentioning is indirectly in a sweeping, unsupported claim of bias. Robertson on the other hand gets several approving mentions (160, 163&#8211;4, 219), but the reader still gets no sense that theirs was a detailed debate. </p>
<p>However, in the 1962 book, <i>The Shakespeare Claimants</i>, H.N. Gibson mentions Greenwood five times, does acknowledge the debate, giving the upper hand to Robertson, and gives the kind of direct attention to <i>The Baconian Heresy</i> that other writers before and after have appeared to avoid. The reader gets a hint of how Gibson will handle Greenwood early on: </p>
<blockquote><p>
The classic work on this subject from the Stratfordian viewpoint is <i>The Baconian Heresy</i> by that very great Elizabethan scholar, J.M. Robertson. In the course of my investigations I have noticed a remarkable fact. <i>Not a single one of the theorists  <a href="#ref20" id="fn20">[20]</a>whose works I have read––and I have read many––ever mentions this important book</i></p>
<p>. . . . I can conjecture only one explanation for this strange suppression. One of the main props on all the theories is a book entitled <i>The Shakespeare Problem Restated</i>, in which Sir George Greenwood, while himself supporting no particular alternative candidate and always vigorously denying that he was a Baconian, delivered a trenchant attack on the authorship of the Stratford actor. This work J.M. Robertson, with his wealth of Elizabethan scholarship, subjected to such a merciless criticism in <i>The Baconian Heresy</i> that it was left incapable of supporting anything, even the wreckage of itself. (11&#8211;12, original emphasis)
</p></blockquote>
<p>What is remarkable here is that Gibson lists in his bibliography <i>Is There a Shakespeare Problem?</i>, which devotes several hundred pages to refuting <i>The Baconian Heresy</i>. He does not mention <i>Shakespeare’s Law and Latin</i>, which finalizes the refutation regarding Shakespeare’s knowledge of law and the classics. </p>
<p>The next time he mentions Greenwood, he presents the reader with a promise to reveal Greenwood’s arguments: </p>
<blockquote><p>Unlike all the other theorists, however, he had no particular candidate to put in the actor’s place, and he always indignantly repudiated the suggestion that he was a Baconian. The real author for him was an unknown lawyer. There is no need to say anything about his arguments here––except that they showed great forensic skill and an equally great lack of Elizabethan scholarship––for his work has provided the exponents of each theory in turn with most of their ammunition for bombarding the Stratfordian defences. His arguments therefore can be most conveniently dealt with where they occur in the various theories. (19) </p></blockquote>
<p>The reader patiently waits for those arguments. Then, as the book begins delving into the argument over Shakespeare’s legal knowledge, he has reason to expect some as Gibson brings in Robertson. Gibson admits that “As I can lay claim to no legal expertise myself, I rely very largely for my criticism of this part of the Baconian case on J.M. Robertson, who was not only a great Elizabethan scholar, but spent five years of his life in a lawyer’s office” (49). He then spends six pages summarizing Robertson’s legal arguments. And what of Greenwood? He is never mentioned&#8212;precisely in the one area that would demand his presence. In fact, the reader must wade through another 220 pages before Gibson comes back to Greenwood in the middle of a discussion of the <i>First Folio</i> where he states: </p>
<blockquote><p>Of the arguments [the theorists] use only a few are original; many are borrowed from the writings of Sir George Greenwood, whose whole case, as we have already noted (see p. 49), was so roughly handled by J.M. Robertson in <i>The Baconian Heresy</i> that the name of this latter work is never mentioned by the theorists, and is carefully omitted from their bibliographies. (269) </p></blockquote>
<p>Readers may be forgiven for not seeing Greenwood’s real arguments clearly stated&#8212;they aren’t. Gibson has pulled a sleight-of-hand, promising to show something to come, then later, stating that it was shown. The reader looks in vain. Or rather, the reader gets Robertson’s arguments only. For Gibson, one side of the case is sufficient. </p>
<p>James G. McManaway, in his 1962 booklet <i>The Authorship of Shakespeare</i> (published by The Folger Shakespeare Library), seems to allude to Clarkson and Warren’s <i>The Law of Property</i> without citation when he writes, “Research has shown that Shakespeare uses legal terms and situations less frequently than some of the other dramatists, and often less accurately” (34). He cites no examples, and he also makes no mention of Greenwood. </p>
<p>But Milward W. Martin does, in his 1965 book <i>Was Shakespeare Shakespeare? A Lawyer Reviews the Evidence</i>. Using words suspiciously like Gibson’s, he makes great claims for <i>The Baconian Heresy</i>: </p>
<blockquote><p>Mr. Robertson, a great scholar of Elizabethan literature and himself with five years’ experience in a lawyer’s office, devotes over one hundred pages to listing citation after citation from the Shakespearean plays (on which our anti-Stratfordian friends rely), following each with citation after citation from many other contemporary authors using identical or equally legalistic language. (89&#8211;90) </p></blockquote>
<p>Later Milward informs us, “In that manner Mr. J.M. Robertson utterly slaughters <i>The Shakespeare Problem Restated</i> with his <i>The Baconian Heresy</i>” (114). We are expected to take on his authority that Robertson is a reliable authority. Milward also approvingly quotes Clarkson and Warren, but he never presents any notion that Greenwood successfully refuted Robertson claims. </p>
<p>Among other writers who address the question of Shakespeare’s legal knowledge is legal scholar George W. Keeton, who addresses it in his 1967 book, <i>Shakespeare’s Legal and Political Background</i>. The bibliography lists five of Greenwood’s books (including the notoriously ignored <i>Shakespeare’s Law and Latin</i>), but not <i>The Shakespeare Problem Restated</i>, oddly enough. Keeton seems not to have noticed Greenwood’s refutations: </p>
<blockquote><p>. . . the writings of J.M. Robertson (who received a legal education in a Scottish law office) and Sir Dunbar Plunket Barton (an Irish judge of high literary attainments) are acute, and go far towards demolishing the assertion that Shakespeare’s law is impeccable, and Sir Arthur Underhill’s verdict was in similar terms. Almost alone among modern English legal writers, Sir George Greenwood (who, like Robertson, was deeply interested in the Bacon-Shakespeare controversy, although with a different viewpoint) is inclined to accept the accuracy of Shakespeare’s use of legal terminology. (20)</p></blockquote>
<p>In a footnote Keeton cites Greenwood as support for his contention that critics who say Shakespeare erred in Shylock’s having Antonio sign a single bond (136). Keeton continues: </p>
<blockquote><p>It is also necessary to compare Shakespeare’s work with that of contemporary writers. This has shown that Shakespeare’s knowledge is not remarkable, whether in extent or accuracy, for the other Elizabethan dramatists showed a similar disposition to use legal terms. This point is made with clarity in Sir Dunbar Plunket Barton’s <i>Links Between Shakespeare and the Law</i>, and more fully investigated in <i>The Law of Property in Shakespearian and Elizabethan Drama</i> by P.S. Clarkson and C.T. Warren. These inquiries show that the frequent references to fines and recoveries in Shakespeare have their counterparts in plays by other Elizabethan authors, and they seem to have been present to the minds of Elizabethan writers almost as much as they were to Elizabethan lawyers. (15) </p></blockquote>
<p>But an examination of relevant section of <i>The Law of Property</i> (128&#8211;133) reveals that precisely one other dramatist used the term <i>fine and recovery</i>&#8212;Middleton, who did study law at Gray’s Inn. One has to wonder how so many lawyers writing on this question can get so many facts wrong. In any event, there is plenty of evidence that a critical reader must treat all authoritative statements with skepticism, especially those that do not provide examples. </p>
<p>In 1972, the next skeptic, O. Hood Phillips, in the bibliography of his <i>Shakespeare and the Lawyers</i>, lists four books by Greenwood, but not <i>Shakespeare’s Law and Latin</i>.<a href="#ref21" id="fn21">[21]</a> While mentioning Robertson several times with implicit approval, Phillips mentions Greenwood six times, twice as support for arguments concerning the single bond in <i>The Merchant of Venice</i> (104) and Charles Allen’s specious claims in <i>Notes on the Bacon-Shakespeare Question</i> (135n). Apart from inconsequential mentions regarding Shakspere’s will (18&#8211;20) and <i>Julius Caesar</i> (137), two mentions are noteworthy. Phillips writes, “With regard to Mariana’s right to dower on Angelo’s death for treason (<i>Measure for Measure</i> V:1), Shakespeare gets the subtle point of law right, apparently by accident.” (134) Phillips does not say why the correct usage must be qualified as “apparently by accident,” but he does supply a note that points out that “Greenwood suggests on the contrary that the passage may indicate the dramatist’s knowledge of law: <i>Is There a Shakespeare Problem?</i> pp. 98&#8211;101” (134n). Phillips can’t help but follow the tradition of side-swiping Greenwood without support: </p>
<blockquote><p>Greenwood’s early studies of Shakespeare’s law led him to disbelieve that the man of Stratford wrote the works, but later his fixed anti-Stratfordianism coloured his studies of Shakespeare’s law. Although a competent lawyer, he sometimes misquoted Shakespeare. (166) </p></blockquote>
<p>If misquoting Shakespeare had a bearing on Greenwood’s legal arguments, Phillips doesn’t supply any examples. </p>
<p>Finally, Daniel J. Kornstein, in his highly praised 1994 book, <i>Kill All the Lawyers?</i>, quotes approvingly both Mr. Phillips (232&#8211;3) and Messrs. Clarkson and Warren (237&#8211;8). <a href="#ref22" id="fn22">[22]</a>  Kornstein does take Twain to task (properly so) for claiming that only a practicing or trained lawyer can use legal terms accurately, since Twain himself proves the opposite by using legal terms accurately in <i>Pudd’nhead Wilson</i> (230&#8211;232). Kornstein asserts that “Elizabethan dramatists often used legal allusions in their plays, and some used them more frequently and more accurately than Shakespeare” (232). But he fails to give any evidence, simply pointing the reader to other sources. Furthermore, he fails to mention Greenwood anywhere, while Robertson’s <i>The Baconian Heresy</i> does appear in the bibliography. </p>
<p>What is to be made of this pattern of ignoring Greenwood and the debate, or citing him primarily as support for other arguments? Clearly, there must be a problem with putting too much attention on Greenwood. As a writer, Greenwood exhibits a level of clarity and persuasiveness that simply overwhelms the kind of opposition put up by Robertson. Furthermore, Greenwood raises the difficult specter of qualitative arguments. The skeptics focus on quantitative arguments. When the issue of Shakespeare’s knowledge of law is far from the skeptic’s mind one or two might occasionally make an admission that reveals how deeply they actually regard Shakespeare’s knowledge. Again, this knowledge appears qualitatively, in ways that the skeptics apparently believe is inconsequential to the argument. </p>
<h4>The Law of Property </h4>
<p>Many skeptics avoid the Greenwood-Robertson debates and hold up Clarkson and Warren’s <i>The Law of Property in Shakespeare and Elizabethan Drama</i> as the research that proves Shakespeare’s knowledge of law is not unusual when compared to other dramatists. Clarkson and Warren studied seventeen dramatists other than Shakespeare. Four were members of the Middle Temple, the Inner Temple, or Gray’s Inn, and therefore would be eliminated from the comparison: <a href="#ref23" id="fn23">[23]</a></p>
<blockquote><p>
Francis Beaumont (son of a judge, and a member of the Inner Temple)<br />
John Ford (attended Middle Temple, friends at Gray’s Inn)<br />
John Marston (member of the Middle Temple)<br />
Thomas Middleton (member of Gray’s Inn)
</p></blockquote>
<p>John Fletcher would be eliminated because of his connection to Beaumont. Therefore, twelve dramatists remain:</p>
<blockquote><p>
George Chapman (no known connection to law, although he wrote “Memorable Maske of the two Honorable Houses or Inns of Court, the Middle Temple and Lyncoln’s Inne,” 1614, for the Princess Elizabeth’s nuptials) </p>
<p>Thomas Dekker<br />
Robert Greene Thomas Heywood<br />
Ben Jonson<br />
Thomas Kyd (a ’noverint’ . . . a notary . . . but never a member of an Inn)<br />
John Lyly<br />
Christopher Marlowe<br />
Philip Massinger<br />
George Peele<br />
 Cyril Tourneur (no known connection to law . . . some question his existence) John Webster
</p></blockquote>
<p>Narrowing the scope to Property Law, Clarkson and Warren cite examples from all these. However, several dramatists are deficient in the number and technicality of the examples. Those with fewer than fifty examples in a special index include: </p>
<blockquote><p>
John Ford 16 examples, 2 repeated<br />
Robert Greene 20 examples, 4 repeated<br />
Thomas Kyd 2 examples<br />
John Lyly 11 examples<br />
Christopher Marlowe 14 examples, 2 repeated<br />
John Marston 33 examples, 6 repeated<br />
George Peele 4 examples<br />
Cyril Tourneur 10 examples, 2 repeated<br />
John Webster 43 examples, 8 repeated
</p></blockquote>
<p>Clarkson and Warren list six pages of examples from Shakespeare covering quite a range (almost 280 examples, about 130 repeated). Of the remaining four non-lawyers: </p>
<blockquote><p>
George Chapman 50 examples, about 12 repeated<br />
Thomas Dekker 60 examples, about 14 repeated<br />
Thomas Heywood 80 examples, about 18 repeated<br />
Ben Jonson 124 examples, about 35 repeated
</p></blockquote>
<p>Quantitatively, Shakespeare overwhelms all dramatists, even Ben Jonson. Clarkson and Warren do not arrange their study to support any of their propositions regarding Shakespeare’s knowledge of law and possible legal training. They expect the reader to believe their authoritative propositions. How they expect to use a quantitative methodology to refute the proposition that Shakespeare had legal training is unclear. Just because one person uses more legal terms than another in no way establishes anything. </p>
<p>The fact that they limit their study to Property Law is telling. Since real property was closely connected to an Englishman’s sense of self, social standing, and power, it behooved him to know about the legal aspects of acquiring, inheriting, possessing, distributing, defending, willing, and selling property. It’s safe to say most English property-owers made some study of real property and its legal terms, even when they had no legal training. </p>
<p>Clarkson and Warren unknowingly imply that there is evidence that Shakespeare had a far-reaching knowledge of law that transcended his contemporaries: </p>
<blockquote><p>Long ago we realized that the subject of the law in the drama was so broad that it had best be treated in installments. References will be noted throughout this book to later treatises on the law pertaining to Equity, Marriage and Divorce, Criminal Law, etc. For these our materials have already been collected, and we hope to continue this work with a series of volumes on those subjects. (xxvi) </p></blockquote>
<p>The authors never followed up with any later volumes, but their willingness to propose such volumes may speak volumes about the extent of Shakespeare’s law. Like most skeptics, Clarkson and Warren avoid a qualitative approach to resolving the debate. </p>
<p>Let us now turn to some qualitative evidence for Shakespeare’s legal learning. </p>
<h4>Shakespeare’s Legal Mind </h4>
<p>Table Four: Shakespeare’s Legal Mind<br />
<br />
*1942 Clarkson &#038; Warren <i>The Law of Property in Shakespeare</i><br />
1965 Mark Andrews <i>Law v. Equity in “The Merchant of Venice” </i><br />
*1967 George Keeton <i>Shakespeare’s Legal &#038; Political Background </i><br />
*1972 O. Hood Phillips <i>Shakespeare and the Lawyers</i><br />
1973 W. Nicholas Knight <i>Shakespeare’s Hidden Life</i><br />
1982 Jack Benoit Gohn “Richard II: Shakespeare’s Legal Brief on the Royal Prerogative and the Succession to the Throne,” <i>The Georgetown Law Review</i><br />
*1994 Daniel Kornstein Kill <i>All the Lawyers?</i><br />
1995 Eric Sams “The Law-Clerk,” <i>The Real Shakespeare</i><br />
2000 Sokal and Sokal <i>Shakespeare’s Legal Language: A Dictionary</i><br />
<br />
*<i>writers skeptical of Shakespeare’s knowledge of law</i> </p>
<p>Skeptics of Shakespeare’s legal knowledge tend to rely strongly on quantitative data: counting the number of legal terms used and comparing the number of technical legal terms used among dramatists. In those rare cases where they address qualitative arguments, their response is perfunctory. For example, they will point to Shakespeare’s trial scenes and then supply examples of other dramatists who were not lawyers yet were able to construct a legally accurate trial. They stick to a flat landscape of literalness. </p>
<p>The case for Shakespeare’s having had some kind of extensive legal training, formal or informal, must rest on three kinds of qualitative arguments: </p>
<p>1) His extensive use of legal terms is completely accurate. </p>
<p>2) He uses legal terms, not only in their applicable technical use, but also in instances that have no bearing on the drama. In other words, he uses legal terms as metaphors, demonstrating the kind of deeper grasp of their use that generally arises from deep and long-term study, and that tends to develop a mature legal mind. </p>
<p>3) He demonstrates in his dramas a historical and philosophical grasp of law that transcends the mere rewriting of Holinshed’s <i>Chronicles</i>. He exhibits the kind of deep and searching understanding of law and legal questions that is the domain of one who has had legal training, who has read legal works extensively and thoughtfully, and who has engaged in extensive legal conversations with like-minded students of law. In short, he exhibits a mature philosophical legal mind. </p>
<h4>A Mature Metaphorical and Philosophical Legal Mind </h4>
<p>Supporters tend to cite Hamlet’s famous speech in the grave-digging scene as an example that only a trained lawyer could have written the speech: </p>
<blockquote><p>Ham. There’s another: Why may not that be the skull of a lawyer? Where be his quiddities now, his quillets, his cases, his tenures, and his tricks? Why does he suffer this rude knave, now, to knock him about the sconce with a dirty shovel, and will not tell him of his action of battery? Humph! This fellow might be in’s time a great buyer of land, with his statutes, his recognizances, his fines, his double vouchers, his recoveries: is this the fine of his fines, and the recovery of his recoveries, to have his fine pate full of fine dirt? will his vouchers vouch him no more of his purchases, and double ones, too, than the length and breadth of a pair of indentures? The very conveyances of his lands will hardly lie in this box; and must the inheritor himself have no more? Ha? (V:1:96&#8211;110) </p></blockquote>
<p>Grant White points out that “the hunting of a metaphor or conceit into the ground is a fault characteristic of Elizabethan literature.” He supplies a parallel in George Wilkins’s <i>The Miseries of Enforced Marriage</i>, claiming that this kind of piling on of figurative of law phrases supplies little support and that Hamlet’s speech is not much use as evidence: </p>
<blockquote><p>Doctor. Now, Sir, from this your oath and bond,<br />
Faith’s pledge and seal of conscience, You have run,<br />
Broken all contracts, and the forfeiture<br />
Justice hath now in suit against your soul:<br />
Angels are made the jurors, who are witnesses<br />
Unto the oath you took; and God himself,<br />
Maker of marriage, He that hath seal’d the deed,<br />
As a firm lease unto you during life,<br />
Sits now as Judge of your transgression:<br />
The world informs against you with this voice,<br />
If such sins reign, what mortals can rejoice?<br />
Scarborow. What then ensues to me?<br />
 Doctor. A heavy doom, whose execution’s<br />
Now served upon your conscience. (White 99) </p></blockquote>
<p>As much as I hate to disagree with Grant White, I believe these two passages are not parallel. Wilkes uses legal terms that are much more likely to be generally known: oath, bond, seal, contracts, forfeiture, suit, jurors, witnesses, seal’d, deed, lease, Judge, sits, informs, doom, execution, served. The metaphors tend to be so simple and obvious, even to a modern layman, that they would hardly need annotating. Now compare those terms to Shakespeare’s: quiddities, quillets, tenures, action, battery, statutes, recognizances, fines, vouchers, double vouchers, recoveries, purchases, double ones, indentures, conveyances. Both use seventeen law terms, but an ordinary reader of <i>Hamlet</i>, one who has not had a legal education, will be driven to the footnotes to grasp the humor. Let’s look at the Arden editor’s glosses: </p>
<blockquote><p>[quiddities . . . quillities] quibbling arguments. The second word appears to be a mere variant of the first, which referred originally to the sophistical arguments of the schools concerning the <i>quidditas</i> or essential nature of a thing and afterwards to fine legal distinctions; <a href="#ref24" id="fn24">[24]</a> [tenures] terms on which property is held; [his action of battery] i.e. his liability to an action for assault; [his statutes, his recognizances] often coupled together, the recognizance being a bond acknowledging a debt or obligation, the statute (statute merchant or state staple, according to the manner of record) securing the debt upon the debtor’s land. [fines . . . recoveries] a fine (an action leading to an agreement calling itself <i>finalis concordia</i>) and a recovery (a suit for obtaining possessions) were procedures for effecting the transfer of estates when an entail or other obstacle prevented simple sale. A voucher in a recovery suit was the process of summoning a third party to warrant the holder’s title, and the customary double voucher involved a second warrantor; [the fine] the final result. This begins a series of four different meanings for the same word (handsome pate, powdered dirt);<a href="#ref25" id="fn25">[25]</a> [the recovery] the whole gain; [pair of indentures] a deed duplicated on a single sheet which was then divided by a zigzag (indented) cut so that the fitting together of the two parts would prove their genuineness. All the land the purchaser finally has (his grave) is no bigger than the indentures which convey it. [inheritor] acquirer. (382, 383)</p></blockquote>
<p>Now the reader may be excused for thinking that even these notes need to be glossed. What immediately becomes clear is that we are dealing here with a deep and penetrating mind, one that is not only well-versed in the terminology, but one capable of exploiting the nuances of the meanings to superb and razor-sharp effect. Take for example the passage on fines: “Is this the fine of his fines, and the recovery of his recoveries, to have his fine pate full of fine dirt?” The four meanings of “fine” here are worth explicating. The <i>fine</i> of his <i>fines</i> means the <i>final result</i> (Latin <i>fine</i> as in “the end”) of his <i>fines</i> (the legal term for an action leading to an agreement). Shakespeare then plays those meanings into “fine pate full of fine dirt” (a handsome head full of finely powdered dirt). But the Arden editors themselves have missed an even deeper pun. Over 100 years earlier in <i>Shakespeare a Lawyer</i>, Rushton pointed out that the <i>final fine</i> could also mean “the end,” and that “his fine pate is filled, not with fine dirt, but with the last dirt that will ever occupy it, leaving a satirical inference to be drawn, that even in his lifetime his head was filled with dirt” (10). </p>
<p>Such wordplay on legal terms would not be the sort of thing you would hear in a tavern in Stratford upon Avon, but it is the sort of thing that law students attending one of the Inns of Court would delight in. Passages such as these point to a legal mind that has associated with other legal minds, that knows how to speak to them, how to amuse them. </p>
<p>In <i>Antony and Cleopatra</i>, Lepidus speaks of Antony’s faults, using the legal term purchase as a metaphor (used properly to mean real estate acquired in a manner other than descent&#8212;that is, other than by hereditary): </p>
<blockquote><p>His faults, in him, seem as the spots of heaven,<br />
More fiery by night’s blackness; hereditary<br />
Rather than <i>purchas’d</i>. (Act I, Sc. IV, 12&#8211;14) </p></blockquote>
<p>Robertson cites over 120 examples of other dramatists who used the term <i>purchase</i>, and not one of them is an example of a metaphorical use of <i>purchase</i> in its technical legal meaning. Furthermore, since Robertson was apparently trying to be thorough, it is astonishing that, even so, he did not stumble on a single example of its technical legal meaning. </p>
<p>Clarkson and Warren find only one other dramatist, Fletcher, who uses the technical term as a metaphor, but Fletcher always collaborated. He framed the larger issues of his dramas and collaborated with others to supply the details. His collaborators (as cited by Clarkson and Warren) all had legal training: Francis Beaumont, of the Inner Temple; John Ford, of the Middle Temple; and James Shirley, of Gray’s Inn. Clarkson and Warren leave the impression that since a single other playwright (who collaborated with lawyers) used the word in the way Shakespeare did, there is nothing unusual about Shakespeare’s knowledge of law.<a href="#ref26" id="fn26">[26]</a> </p>
<p>George W. Keeton also points out Shakespeare’s use of <i>purchase</i> in <i>Henry IV Part II</i>, saying, “Again, the reader is impressed by Shakespeare’s accurate use of the term ‘purchase’” (30). Although Keeton takes the orthodox position that Shakespeare’s use of legal terms is nothing unusual, he cannot help but reveal his discomfort with it: </p>
<blockquote><p>There are, however, many allusions in the plays which cannot be so readily explained. The interesting problems presented by <i>The Merchant of Venice</i>, and by Shakespeare’s knowledge of the famous case of Hales v. Petit, will be discussed later. These are major matters. <i>No close reader of the plays can fail to be impressed by the number of extraordinarily apt, and usually incidental, references to incidents (sometimes quite minor) of legal procedure of which the dramatist so effortlessly avails himself.</i> (29, emphasis added) </p></blockquote>
<p>Writing in 1967, Keeton demonstrates that he is familiar with the early history of the argument, citing Campbell, Rushton, Grant White, Devecmon, Robertson, Greenwood, Plunket Barton, and Clarkson and Warren. And although he comes down on the side of Robertson, and Clarkson and Warren, he can still say this: </p>
<blockquote><p>Those [legal allusions] collected by Campbell are by no means exhaustive, but they are nevertheless extremely impressive. Some of them were near the surface of Shakespeare’s inventive brain. There are numerous references to bonds, often with a clear appreciation of their legal consequences. References to leases are frequent, both in the Plays and in the Sonnets. Indeed, it is a striking fact that the Sonnets . . . are possibly the richest in such references, <i>and the lawyer can only admire the richness of the imagery which these allusions create.</i> (29, emphasis added) </p></blockquote>
<p>Notice that Keeton is not saying that Shakespeare merely used technical legal terms. He is saying that he used them in such a way that demonstrate their being “near the surface” of his brain, and that the richness of the imagery is worthy of admiration by other lawyers. This is the kind of language that Lord Campbell and Lord Penzance used decades earlier. Are we then to expect that the creator of such richness of legal imagery, who demonstrates such “clear appreciation,” such invention near the “surface of his brain,” whose allusions are “extremely impressive,” especially to lawyers, was not himself legally trained? </p>
<p>But there’s more. Keeton points to lines in “Sonnet 13”: </p>
<blockquote><p>
So should that beauty which you hold in lease<br />
Find no determination . . . </p>
<p>In legal parlance, a lease is always determined, when it is brought to an end. Admittedly, Shakespeare as a property-owner knew something of leases, <i>but would he automatically, and so felicitously, have spoken of a lease’s “determination” had he been completely innocent of legal education?</i> For anyone less than Shakespeare, “determination” would be an awkward word to use in a sonnet. (29&#8211;30, emphasis added)
</p></blockquote>
<p>Keeton wants to believe that Shakespeare had a legal education, but he is constrained by the conventional biography that fairly clearly admits no legal education for Shakspere of Stratford. So what does Keeton do? By means of the phrase “For anyone less than Shakespeare” he find an escape via the Satan Maneuver. Shakespeare’s genius allows him to do without training what others could do only with training. </p>
<p>Among many more examples, Keeton finds a particularly noteworthy one, previously mentioned, in <i>The Merry Wives of Windsor</i>: </p>
<blockquote><p>
Scattered though the plays there are frequent references to the fee simple, and a number also to fines and recoveries, both of which were common modes of establishing title to freehold land in Shakespeare’s day; but in <i>The Merry Wives of Windsor</i> (Act II Scene 2) we have a striking simile from Ford. When asked the quality of his love, he replies: </p>
<p>Like a fair house built on another man’s ground; so that I<br />
have lost my edifice by mistaking the place where I erected it. </p>
<p>What a sudden flash of legal knowledge, to appear in such a context! <a href="#ref27" id="fn27">[27]</a> (31)
</p></blockquote>
<p>Again, what impresses Keeton in this passage is how <i>irrelevant</i> the legal allusion seems to the context. Keeton implies that Shakespeare must have this kind of knowledge imprinted at the cellular level to access it so seemingly effortlessly in such a context. And how does one acquire such imprinting? Through training, through associations, through years of study. Daniel Kornstein also finds the Shakespeare plays full of law, with over twenty of them containing trial scenes: </p>
<blockquote><p>
Several other plays have many comments on the problems of law, lawyers, revenge, equity, government, the nature of the state, the nature and transfer of power, inheritance, and contracts. </p>
<p>Taken together, the plays reflect much knowledge of legal intricacies. Legal<br />
themes of one kind or another run throughout. And woven all though, liked barbed wire sewn into a tapestry, are deftly cutting observations about law and lawyers, each glinting shard designed to draw just a little blood from the legal profession. Even where there are no legal terms and allusions, the plays have a style of philosophical debate and discourse aimed at lawyers. Law is essential to our understanding and interpretation of Shakespeare’s works: great art is often inspired by a passion for justice. (xii)
</p></blockquote>
<p>He goes on to paraphrase William Carlos Williams: “Shakespeare is the greatest law school of them all” (xiii). Kornstein then exhibits the split consciousness of one who acknowledges Shakespeare’s extraordinary and deeply rooted legal knowledge, but excuses it as something that could easily be acquired “by common reading, conversation, and life experience in legal London” (xiii). But he never seriously examines the questions he raises by implication: Is there evidence in Shakespeare the writer of uncommon legal reading? Did Shakspere the man have the kind of legally trained associates who would spend extraordinary amounts of time educating him and discussing technical matters of law and legal philosophy with lawyer friends? Could Shakspere’s experience possibly cover the law in the plays? </p>
<h4>Hales v. Petit</h4>
<p>Lord Campbell, Keeton, and many other writers have mentioned that the graveyard scene in <i>Hamlet</i> reveals that Shakespeare had read Plowden’s report on the case of <i>Hales v. Petit</i>. The case involved the action by Hales’s widow on a lease that was granted by the Crown to Petit. Sir James Hales, a Judge of the Common Pleas, was imprisoned for participating in a conspiracy to make Lady Jane Grey queen. He was released after being induced to renounce his Protestant principles. Apparently the episode deeply affected him, for he first attempted to commit suicide by opening his veins with a knife, and later succeeded by drowning himself in a river. The inquest ruled <i>felo de se</i> (a murderer of himself), he was buried at a crossroads, and all his lands were forfeited to the crown. The property in question had been granted jointly to him and his wife by the Archbishop. The widow tried to argue that, since forfeiture can only occur for an event during Hales’s lifetime, the property was not forfeit. Suicide was an act of a person killing himself, and therefore it was not an act that could occur during his lifetime. The widow lost. </p>
<p>So when the clowns argue over Ophelia’s burial, they are parodying the arguments of <i>Hales v. Petit</i>: </p>
<blockquote><p>Grave. Is she to be buried in Christian burial that wilfully seeks her own salvation?<br />
Other. I tell you she is, therefore make her grave straight. The crowner hath sat on her, and finds it Christian burial.<br />
Grave. How can that be, unless she drowned herself in her own defence?<br />
Other. Why, ’tis found so.<br />
Grave. It must be se offendendo; it cannot be else. For here lies the point: if I drown myself wittingly, it argues an act; and an act hath three branches&#8212;it is to act, to do, to perform; argal, she drowned herself wittingly.<br />
Other. Nay, but hear you, Goodman delver&#8212;<br />
Grave. Give me leave. Here lies the water&#8212;good: here stands the man&#8212;good. If the man go to this water and drown himself, it is, will he, nill he, he goes; mark you that. But if the water come to him and drown him, he drowns not himself. Argal, he that is not guilty of his own death shortens not his own life.<br />
Other. But is this law?<br />
Grave. Ay’ marry is’t, crowner’s quest law. (V:1:1&#8211;22)</p></blockquote>
<p>The gravediggers freely use the relevant legal terms, though they mangle them in the process (“argal” for ergo, “crowner’s quest” for <i>coroner’s inquest</i>); but there are two problems with assuming that this passage would be understood by a general audience. First, the case was decided in 1561. Therefore, while such a case would stay with students of law for many decades to come, it is unlikely that it would still be fresh in the public mind forty years later when <i>Hamlet</i> was published. Second, <i>Plowden’s Reports</i> are not written in English. They are written in Norman French, or <i>law French</i>, a technical language restricted to lawyers, judges, and law students, and they were not translated into English. Even those few members of the public audience who could read French would have had a hard time with <i>Plowden’s Reports</i>. This passage, therefore, constitutes evidence that Shakespeare read law French, as would lawyers or students of law and only lawyers and students of law, and that he associated with other students of law. Keeton, for one, recognizes Shakespeare’s acuity in this passage: </p>
<blockquote><p>That Shakespeare was familiar with the reasoning in this highly interesting decision is scarcely open to question, but it should be noticed that the gravedigger correctly takes a further point. In Hales’ case, it was not disputed that he threw himself into the water. He was therefore rightly found guilty of suicide; but the core of the first gravedigger’s argument is that, in Ophelia’s case, the water came to her, that is, that she accidentally drowned or, at the very least, she could not be proved to have deliberately drowned herself. (188)</p></blockquote>
<p>Keeton fails to mention that the case was not available in English. <a href="#ref28" id="fn28">[28]</a> </p>
<p>Almost 100 years earlier, another lawyer, R.A. Guernsey in <i>Ecclesiastical Law in Hamlet: The Burial of Ophelia</i>, saw the entire scene as strong evidence that Shakespeare had mastered the ecclesiastical law regarding suicide. Acknowledging that the gravedigger’s dialogue is always discussed by writers, Guernsey points out that none note all the law present in the scene, law that goes beyond the case of <i>Hales v. Petit</i>. </p>
<blockquote><p>No law writer has yet stated the English law relating to suicides so completely as is done in <i>Hamlet</i>. I have mentioned this fact in my recently published “History of the Penal Laws against Suicides,” but as all the parallels and allusions contained in the play were not there pointed out, I will now attempt to fully give them. Shakespeare has accurately stated the laws of the Church and of the Statutes in England, at the time he wrote, and not the laws of Denmark, in Hamlet’s time. (6) </p></blockquote>
<p>Keeton also shows evidence of Shakespeare’s command of international law: <a href="#ref29" id="fn29">[29]</a></p>
<blockquote><p>In mediaeval warfare [heralds] had an exceedingly important function, and must necessarily be of gentle birth. They are obsolete in modern International Law, and were becoming so in Shakespeare’s time. Nevertheless, where Shakespeare makes use of them he does so with strict accuracy. (87) </p></blockquote>
<p>And in <i>King John</i>, Keeton discusses how Shakespeare shows that he understands the law of bastardy in ways that go beyond the source play, <i>The troublesome Reigne of John, King of England</i>. <a href="#ref30" id="fn30">[30]</a>  For the trial scene, Keeton takes issue with a note by Furness in his edition of the play where he claims that “Shakespeare was ‘out on his law.’ On the contrary, John’s judgment is strikingly accurate” (127&#8211;8). But Keeton does not stop there: </p>
<blockquote><p>From first to last, this lengthy trial scene abounds with legal absurdities, and possibly no other of Shakespeare’s plays illustrates so clearly the nature of his art as applied to legal topics. If it would be putting it too high to say that Shakespeare had fully mastered the law of bastardy, as it existed in his day, it is nevertheless true that <i>he showed the same close and (in general) accurate observation on legal topics as on many others, and that this accurate observation is one of the distinguishing features of Shakespeare’s dramatic art</i>. (130&#8211;131, emphasis added) </p></blockquote>
<p>The mind boggles that someone capable of such insights would align with the skeptics. On page after page, Keeton gives evidence for Shakespeare’s legal education and deep study, and time after time he uses the Satan Maneuver to get out of what is otherwise clear: Shakespeare was more than just an observer of law; he was <i>trained</i>. </p>
<p>Where <i>Hales v. Petit</i> and <i>King John</i> demonstrate, not only a knowledge of technical law but also the philosophy of law, another lawyer has found greater evidence of Shakespeare’s command of the history and philosophy of law pertaining to the succession to the throne. Lawyer Jack Benoit Gohn wrote a 1982 article for <i>The Georgetown Law Journal</i> on <i>Richard II</i> and the way that the play could be presented as a legal brief. Gohn points out how Shakespeare grasped the importance of law, especially as it has affected human history. By examining the legal arguments in <i>Richard II</i>, he demonstrates that “Shakespeare used the historical overthrow of King Richard II to justify the absolute power of the monarch and also provide for a method of choosing the monarch’s successor when the rules of succession failed” (943). Furthermore, Gohn contends that Shakespeare used the play as an example of how to resolve the problem of succession regarding Queen Elizabeth, by depicting a nation in a midst of constitutional crisis, and the consequent breakdown of the legal order. Gohn’s judgment of the author is strong: “Shakespeare had both the legal and the historical sophistication to grapple with these problems” (955). <a href="#ref31" id="fn31">[31]</a></p>
<p>Shakespeare’s mind is comprehensive indeed, and many writers have commented on it, to the point that the reader wonders how such an individual could have acquired such a range and depth of topics. But there is another interesting aspect to Shakespeare’s mind. One writer recently wrote: </p>
<blockquote><p>The filaments of his thought are astonishing in their variety . . . one can find pragmatism, atheism, (nineteenth-century) liberalism, materialism, aestheticism, utilitarianism, militarism, biological, social, and historical Darwinism, skepticism, nihilism, Nietzschean vitalism and “will to power,” Calvinism, logical positivism, stoicism, behaviorism, and existentialism, together with the explicit rejection of most of these “isms” . . . (Posner xix&#8211;xx) </p></blockquote>
<p>Sound familiar? Such a description has often been noted about Shakespeare’s mind. But this passage was not written about Shakespeare. The author, a Federal Circuit Court judge, wrote that passage about Supreme Court Justice Oliver Wendell Holmes. His description of Holmes opens the door to an intriguing possibility&#8212;that the Shakespearean mind was not so much that of a lawyer as it was that of a judge. </p>
<p>Shakespeare’s mind displays a remarkable objectivity, the kind of objectivity and equipoise that offers his readers a wide variety of philosophies and positions. As stated by Russ McDonald in <i>Shakespeare and the Arts of Language</i>: “. . . the dramatist encourages in his audience a receptiveness to multiple points of view, a refusal of absolutes, an awareness of the competing claims of incompatible interpretations” (49). The consciousness of a lawyer is that of an advocate, one who takes sides, one who argues for or against something. The consciousness of an experienced judge is quite different. The judge examines all sides, tries to understand and argue for and against all sides. A judge who responds to the complexity of human action and experience often distrusts the easy fix, the quick solution, the thoughtless procedure, or rule, or custom. Judges experience over time how both sides of a case can be valid, how a case can uncover deeper related issues. The profession of a judge can mold a thoughtful mind into one of profound objectivity, depth, and range&#8212;exactly what we find in Shakespeare. </p>
<p>Chief Justice John C. Wu in <i>Fountain of Justice</i>, in an essay discussing “Natural Law in Shakespeare,” presents a series of examples punctuated by summary statements that support the notion that Shakespeare has the mind of a judge: </p>
<blockquote><p>Shakespeare… know[s] his common law and natural law pretty well. He knows the psychological reason for case law. . . . He knows the importance of tempering the rigours of the law with equity. . . . He knows the importance of observing degree, proportion, form and order, which to him are objective standards of right and wrong because they have an ontological basis. . . . No one has painted more vividly “the majesty and power of law and justice.” (86&#8211;87) </p></blockquote>
<h4>Conclusions </h4>
<p>Shakespeare used legal terminology with perfect accuracy. William C. Devecmon stated that “Though the frequent use of legal terms, with their proper technical meanings, has a cumulative effect, and tends strongly to prove a legal training; yet a very few errors in such use, if glaring and gross, would absolutely nullify that effect and proof” (33). From this skeptic’s statement we can infer that a writer who frequently uses legal terms, with their proper technical meanings, is likely one who has had legal training. But there is more. </p>
<p>What distinguishes the formally learned from the unlearned (or those who acquire information from second-hand sources) is how information transforms into a deeper understanding. Anyone who has studied long and deeply any field of study knows the experience of deeper mastery&#8212;how mastery of a subject begins to work on the consciousness in such a way that it transforms and informs one’s view of the world. The master of mathematics sees a different world than the savvy student who knows the mere definitions, and who can memorize and correctly use advanced equations. A master mathematician does not need much time to determine whether or not a pretender to mathematical mastery actually is a master. Furthermore, a master mathematician who reads an author whose series of literary works use mathematical terms, not only with perfect accuracy, but also metaphorically in contexts outside of mathematics&#8212;such a master mathematician will come to presume that the author is also a master. Like minds respond to and recognize each other. </p>
<p>Mastery makes the terminology a part of one’s world view. A master of legal studies, the history of law, and the philosophical implications of differing systems of justice, goes far beyond mere technical usage. Such a master begins to see the hidden similarities between the objects of the world and the distinctions that form the foundation of the master’s discipline. Thus legal terms enter the realm of metaphor. </p>
<p>What distinguishes Shakespeare’s use of legal terms has nothing to do with the quantity of terms he uses or his merely technical usage in legal matters: Shakespeare had a wide-ranging legal understanding integrated into his consciousness, the kind of consciousness that would draw on legal terms in non-legal contexts, where the apt legal metaphor of excellent understanding and quality is applied. It is this mastery and integration that judges and lawyers have responded to over the last two centuries. Malone, Rushton, Campbell, White, Greenwood, and others have all recognized a like-minded individual, a man of the craft, possessing an understanding equal to theirs, perhaps even greater than theirs. </p>
<p>Stratfordians bent on quantitative analysis have acknowledged Shakespeare’s metaphorical usage without realizing its implications. Irvin Matus in his <i>Shakespeare, IN FACT</i> unwittingly lets it slip through in praising Clarkson and Warren: </p>
<blockquote><p>Clarkson and Warren’s verdict is that Shakespeare’s references “must be explained on some grounds other than that he was a lawyer, or an apprentice, or a student of the law.” What separates him from the others is his knack for making legal terms serve his drama, in the opinion of Justice Dunbar Plunket Barton. “Where Shakespeare’s legal allusions surpassed those of his contemporaries,” he said, “. . . was in their quality and their aptness rather than in their quantity or technicality.” (272)</p></blockquote>
<p>Our point exactly. <a href="#ref32" id="fn32">[32]</a></p>
<p>Finally, in 2000, as part of its <i>Athlone Shakespeare Dictionary Series</i>, The Athlone Press published <i>Shakespeare’s Legal Language: A Dictionary</i> by Sokal and Sokal. <a href="#ref33" id="fn33">[33]</a> The comprehensive dictionary fills over 400 pages of detailed discussion of Shakespeare’s legal terms and concepts. An index of passages containing these terms and concepts fills forty pages with approximately 1600 references using over 200 distinct terms and concepts (dramatically displaying the inadequacy of Clarkson and Warren’s efforts). </p>
<p>The authors acknowledge in the introduction that, even though the bare statistics supports a case that Shakespeare was law-obsessed, other dramatists were law-obsessed as well; and that legal language “was common currency in Shakespeare’s litigious age. . . .” (1). They warn against “legal word-spotting” as a reliable indicator that “Shakespeare took a precise or detailed account of substantive English law” (3). Nevertheless: </p>
<blockquote><p>the overall impression given by this Dictionary may well contradict frequently reiterated claims that Shakespeare’s interest in law was at best superficial, and that Shakespeare exploited legal ideas, circumstances, and language with no regard for any factor aside from “poetic” effect. It is our view, derived from cumulative evidence, that on the contrary Shakespeare shows a quite precise and mainly serious interest in the capacity of legal language to convey matters of social, moral, and intellectual substance. (3) </p></blockquote>
<p>Although, as of 2001, it is still academically dangerous to say so, the authors of this important new work clearly imply that this “conveying” of such “matters,” this “precise” and “serious” interest in law as it relates to “social, moral, and intellectual substance,” indicates nothing short of legal mastery. Perhaps the tide is turning. </p>
<p><h4>Endnotes</h4>
</p>
<ol>
<div id="footnote">
<li id="ref1">Portions of many pre-1925 texts mentioned in this essay are available free on the Web at <i>The Shakespeare Law Library</i>, which can be accessed through <i>SourceText.Com</i>. <a href="#fn1">&#8657;</a></li>
<li id="ref2">Whatever shortcomings I find with O. Hood Phillips, his book <i>Shakespeare &#038; the Lawyers</i> is an indispensable aid to anyone researching this argument. With remarkable exceptions (noted later), Phillips provides a comprehensive review of the literature. <a href="#fn2">&#8657;</a></li>
<li id="ref3">Kathman is plainly wrong in claiming that Messrs. Clarkson and Warren’s 1942 book is “an exhaustive study of legalisms.” The book’s title confines the scope to “The Law of Property,” and the authors admit the need to narrow the scope: “Long ago we realized that the subject of the law in the drama was so broad that it had best be treated in installments. References will be noted throughout this book to later treatises on the law pertaining to Equity, Marriage and Divorce, Criminal Law, etc.” (xxvi). The authors have yet to deliver the promised installments (which must necessarily include International, Maritime, and Commercial Law, as well as the law administered by the Privy Council and the Star Chamber). Mr. Phillips points much of this out in <i>Shakespeare &#038; the Lawyers</i>. A quick scan of Holdsworth’s <i>History of English Law</i>, Vol. V reveals that the percentage of English Law covered by Clarkson and Warren can be no more than a single digit. <a href="#fn3">&#8657;</a></li>
<li id="ref4">Available on the Web. Search <i>http://groups.google.com</i>. The post is dated 08/24/1999, the Subject line: “Re: Shakespeare’s Misuse of Legal Terms” and the Author: “David Kathman.” <a href="#fn4">&#8657;</a></li>
<li id="ref5">For an extended discussion of non-lawyers who accurately portray the law in fiction, see Kornstein’s <i>Kill All the Lawyers?</i> (236). <a href="#fn5">&#8657;</a></li>
<li id="ref6">Because trial scenes are easily created by non-lawyers, those scenes in <i>The Merchant of Venice</i> and <i>Measure for Measure</i> are not discussed in this essay. Andrew’s <i>The Law of Equity in The Merchant of Venice</i> is often cited as a good argument for Shakespeare’s mastery of the law of equity, but whatever the merits of that case, Andrews’ argument is weak, in my opinion. I may address the issues surrounding these two plays when this essay is expanded into a book.<a href="#fn6">&#8657;</a></li>
<li id="ref7">The one notable holdout is Eric Sams in his 1995 book <i>The Real Shakespeare</i>.<a href="#fn7">&#8657;</a></li>
<li id="ref8">Heard’s <i>Shakespeare as a Lawyer</i> (1883), Davis’s <i>The Law in Shakespeare</i> (1883), and White’s <i>Commentaries on the Law in Shakespeare</i> (1911). <a href="#fn8">&#8657;</a></li>
<li id="ref9"> Before turning to Shakespeare’s “errors,” Devecmon spends the first thirty pages of his book repeating the arguments of Dickens and Grant White (that Shakespeare was not necessarily a lawyer just because he used legal terminology) and presenting similar attacks on Lord Campbell. The list of “errors” distinguishes Devecmon from other writers. <a href="#fn9">&#8657;</a></li>
<li id="ref10">All citations are from <i>The Arden Shakespeare</i>. <a href="#fn10">&#8657;</a></li>
<li id="ref11">Although <i>Shakespeare’s England</i> was published in 1916, Underhill only shows knowledge of some of the arguments through 1900. He lists only Campbell, Davis, and Allen in his bibliography and neglects to mention Devecmon. It appears that the essay was already out of date by the time it was finally published. <a href="#fn11">&#8657;</a></li>
<li id="ref12">Moore also exposes Underhill’s hidden agenda: “King Lear orders law to sit with equity (III:6:3941), and Underhill remarks that ‘[b]ut for [this] passage, Shakespeare gives no hint that he knew of the existence of Courts of Equity as distinguished from Courts of Law’ (I.395). We might just as well say that, but for one remark in <i>1 Henry IV</i> (I:3:60&#8211;62), we would have no idea that Shakespeare knew that saltpeter is used in making gunpowder. But the remark is there, and so obviously Shakespeare did know that saltpeter is used in gunpowder, just as he knew about the judicial system called <i>equity</i>. So what’s Underhill’s point? Underhill won’t say, but the point is that Francis Bacon was a specialist in equity who ended up achieving his goal of becoming Lord Chancellor, that is, the head of equity. In other words, Underhill is arguing the case against Francis Bacon.” O. Hood Phillips, by the way, holds up Underhill as an authority (188&#8211;9). <a href="#fn12">&#8657;</a></li>
<li id="ref13">Dr. Kathman’s statement: “Shakespeare was average at best in the number and accuracy of his legal allusions.” <a href="#fn13">&#8657;</a></li>
<li id="ref14">Phillips also holds up Allen as an authority of Shakespeare’s “bad law,” but he cites only one example (135) and that only to shoot it down with a reference to Greenwood! This use of Greenwood as a supporting authority is strangely typical of several critics of Shakespeare’s law and of some critics of Oxfordian arguments. When discussing Shakespeare’s law, Schoenbaum in <i>Shakespeare’s Lives</i> avoids addressing Greenwood’s legal arguments, but does draw on him as support for other arguments. And Matus, who knows perfectly well that Greenwood still stands as one of the finest anti-Stratfordian defenders, avoids bringing up his name when discussing law, and many other key topics, but does mention him twice in other contexts, once for support. <a href="#fn14">&#8657;</a></li>
<li id="ref15">I have made every effort to find all of Clarkson and Warren’s examples of Shakespeare’s misuse of legal terms, despite an index that fails to provide references. I admit it is possible, but improbable, that I missed one or two. <a href="#fn15">&#8657;</a></li>
<li id="ref16">Robertson replies: “In an amusing footnote he quotes from my book on <i>Titus Andronicus</i> the phrase ‘putting a few necessary caveats.’ ‘No lawyer,’ he comments, ‘would speak of ‘putting a caveat.’ The legal term is to ‘enter a caveat.’ And the compiler of his index sternly clinches the matter by the entry, ‘Robertson, Mr. J.M., betrays his ignorance of law: ‘the most amusing matter of all, perhaps, is that I happen to have spent four and a half years of my youthful life in a law office. But it was a Scotch office . . . and in Scotch law they do not, to my recollection, speak of ‘caveats,’ which word is therefore for me simple English, and not ‘jargon.’ ‘Enter a caveat’ is a phrase well-entitled to the latter label” (175). Greenwood replies in <i>Is There a Shakespeare Problem?</i>: “I do not quite understand the reference to ‘jargon,’ but I note that ‘caveat’ is for Mr. Robertson ‘simple English,’ though for most others it is simple Latin. I will not controvert Mr. Robertson’s statement that this is ‘the most amusing item of all,’ though whether the humour be ‘English’ or ’Scotch’ I do not quite know; but I fear Mr. Robertson must have ‘smiled a sort of sickly smile’ at the joke of his having spent four and a half years of his youthful life in a Scotch law office with results rather literary than legal, and, though I deplore the unfortunate language made use of by my indexer, I must still assert that the instance I selected from Mr. Robertson’s book on <i>Titus</i> is an extremely appropriate one, and that ‘no lawyer would speak of ‘putting a caveat’” (39). This exchange typifies Robertson’s willingness to avoid his own faults and his attempts to misdirect the reader. <a href="#fn16">&#8657;</a></li>
<li id="ref17">Clarkson and Warren, 1945, <i>The Law of Property</i>; James McManaway, 1962, <i>The Authorship of Shakespeare</i>; H.N. Gibson, 1962, <i>The Shakespeare Claimants</i>; Milward Martin, 1965, <i>Was Shakespeare Shakespeare?</i>; George Keeton, 1967, <i>Shakespeare’s Legal and Political Background</i>; O. Hood Phillips, 1972, <i>Shakespeare &#038; the Lawyers</i>; Daniel J. Kornstein, 1994, <i>Kill All the Lawyers?</i>. <a href="#fn17">&#8657;</a></li>
<li id="ref18">The Arden editor’s note for “with fine and recovery”: “Both ‘fine’ and ‘recovery’ have more than one meaning in law, but almost certainly the reference here is to the processes, based on legal fiction, by which an entailed estate is transferred. Mistress Page would thus mean, in short, that unless the devil’s title to Falstaff is now final, beyond any possibility of change, Falstaff will not err in this way again.” And then the editor feels it necessary to add, in parentheses and without any supporting evidence: “Elizabethans were particularly interested in legal procedure, and Shakespeare’s knowledge of law is not exceptional.” <a href="#fn18">&#8657;</a></li>
<li id="ref19">Although Greenwood responds to Robertson’s attack in <i>Is There a Shakespeare Problem?</i>, with more back and forth between the two in <i>The Literary Guide</i>, Greenwood is most cogent in his response in <i>Shakespeare’s Law and Latin</i>. <a href="#fn19">&#8657;</a></li>
<li id="ref20">By “theorists” Gibson means anti-Stratfordians. <a href="#fn20">&#8657;</a></li>
<li id="ref21">This is a significant omission, not only because <i>Shakespeare and the Lawyers</i> attempts to be a comprehensive survey of the topic and <i>Shakespeare’s Law and Latin</i> is the significant conclusion to the Greenwood-Robertson debate, but also because Phillips knows the book exists. He cites it in his 1964 article “The Law Relating to Shakespeare, 1564&#8211;1964” in <i>The Law Quarterly Review</i> (80: 421n). <a href="#fn21">&#8657;</a></li>
<li id="ref22"> While the book’s jacket boasts several examples of advance praise, it is unfavorably reviewed in <i>Brooklyn Law Review</i> (Winter 1995: 1517&#8211;1534). <a href="#fn22">&#8657;</a></li>
<li id="ref23">Biographical information is drawn from Saunders’s,<i>A Biographical Dictionary of Renaissance Poets and Dramatists</i>, 1520&#8211;1650. <a href="#fn23">&#8657;</a></li>
<li id="ref24"> I cannot help but express my amusement when I read over and over in the commentaries on Shakespeare by experts and amateurs alike that Shakespeare had only a smattering of education, particularly in Latin and the classics, when the most modest perusal of the notes to almost any of his plays will reveal the immense erudition required of any editor who ventures to explicate them. <a href="#fn24">&#8657;</a></li>
<li id="ref25">Mr. Robertson’s ghost, and all those later writers who approve of Robertson, please take note that not one of the four meanings of <i>fine</i> necessarily have anything to do with a money payment. <a href="#fn25">&#8657;</a></li>
<li id="ref26">Clarkson and Warren spend five pages trying to explain away Shakespeare’s use of <i>purchase</i> (102106). These are worth reading to see how skeptics use convoluted logic to avoid a logical, but politically uncomfortable, conclusion. <a href="#fn26">&#8657;</a></li>
<li id="ref27">This passage is cited by Campbell, who says, “Now this shows in Shakespeare a knowledge of the law of real property, not generally possessed. The unlearned would suppose that if, by mistake, a man builds a fine house on the land of another, when he discovers his error he will be permitted to remove all the materials of the structure, and particularly the marble pillars and carved chimney-pieces with which he has adorned it; but Shakespeare knew better” (39&#8211;40). Robertson ridicules Campbell mercilessly, claiming that literally millions know this law (<i>Heresy</i> 40). Greenwood follows by demonstrating Robertson’s faulty reasoning (<i>Law and Latin</i> 19&#8211;20). <a href="#fn27">&#8657;</a></li>
<li id="ref28">[Editor’s note: Apart from the fact that Edward de Vere might have known of this case from his time at Gray’s Inn (c. 1567), it’s very likely that he had a more personal connection with it. He was living at Cecil House in 1563&#8211;64, during the period that Barnabe Googe was a member of the group of young writers surrounding William Cecil (later Lord Burghley) and his friend and colleague, Matthew Parker, Archbishop of Canterbury. These writers were six to ten years older than de Vere, but his interest in writing, particularly poetry, would have been sparked by Googe, at the time a resident of one of the Inns of Chancery. Googe’s poetry, <i>Eclogues, Epitaphs, Songs and Sonnets</i>, was published in 1563 (the first book of its kind to be published in England). As the grandson of the Lady Hales, the plaintiff in <i>Hales v. Petit</i>, Googe would certainly have been interested in the case and may even have stood to benefit if she won. <i>Plowden’s Reports</i> record action in the case in 1561, ‘63 and ‘64, so it’s possible it was still being appealed during the period that de Vere was involved with Googe and Cecil. (Reference: S.Hopkins Hughes, <i>Shakespeare’s Mentors: the Education of Edward de Vere</i>. Forthcoming.) SHH] <a href="#fn28">&#8657;</a></li>
<li id="ref29">[Editor’s note: It should be noted that Sir Thomas Smith, who acted as tutor to Edward de Vere for eight years, from age four to twelve, was considered one of the leading authorities in England on International Law, or Civil Law, as it was called then. Civil Law was basically Roman Law, the law that ruled most of the nations on the Continent. Smith occupied the Regius (King’s) Chair in Civil Law at Cambridge, the first to be appointed to that post, from 1540 until called to Court in 1547. He was widely known for his teaching and lecturing skills, skills which he devoted primarily to tutoring de Vere from 1559 to 1562. Smith authored two of the most influential treatises on government policy written during Elizabeth’s reign, served as Principal Secretary to two monarchs and did several turns overseas as Ambasador to France. (Reference: Mary Dewar. <i>Sir Thomas Smith: A Tudor Intellectual in Office</i>. London: Athlone, 1964.) SHH] <a href="#fn29">&#8657;</a></li>
<li id="ref30">[Editor’s note: When de Vere was fifteen and still living with William Cecil, his elder half-sister, Catherine, and her husband, Lord Windsor, sued for possession of his title and estates, claiming that his parents’ marriage was invalid because, they held, the sixteenth earl was already married when he married de Vere’s mother. This, of course, would have meant that de Vere was a bastard. Luckily the case fell under the jurisdiction of Matthew Parker, the Archbishop of Canterbury, who ruled in the boy’s favor, but the process could well have left him with a unique awareness of the finer points of the Law as it applied to bastardy. (Reference: Louis Thorn Golding, <i>A Puritan Elizabethan: Arthur Golding</i>. NY: Freeport, 1937.) SHH] <a href="#fn30">&#8657;</a></li>
<li id="ref31"> In order to suck from the reader’s mind any notion that Shakespeare might have had legal training (as his entire article implicitly argues), Gohn immediately supplies the vacuum: “The source of Shakespeare’s legal knowledge might have been his personal background. John Shakespeare, his father, had been a party to over fifty lawsuits, and Shakespeare himself was ether a litigant, witness, or party to a number of real estate conveyances. But beyond that the level of legal sophistication in Elizabethan England seems to have been high” (955). <a href="#fn31">&#8657;</a></li>
<li id="ref32">For example, the authors note under “bastard/bastardy” that one particularly bawdy reference in <i>The Merchant of Venice</i>, where Launcelot Gobbo’s comment, “the getting up of the Negro’s belly,” relates “to an obscure and repulsive English law against miscegenation, and to a theme of prejudice central to the play” (27). References to bastards and bastardy are so common in Shakespeare’s plays that the authors’ discussion of this topic fills almost eight pages. <a href="#fn32">&#8657;</a></li>
<li id="ref33">Other dictionaries include Military Language in Shakespeare, <i>Shakespeare’s Theatre, Music and Musical Imagery in Shakespeare</i>, and <i>Literature in Shakespeare</i>. <a href="#fn33">&#8657;</a></li>
</ol>
</div>
<h4>Works Cited </h4>
<h4>Books: </h4>
<p>Andrews, Mark Edwin. <i>The Law versus Equity in The Merchant of Venice</i>. Boulder: UCP, 1965. </p>
<p>Allen, Charles. <i>Notes on the Bacon-Shakespeare Question</i>. Boston: Houghton Mifflin, 1900. </p>
<p>Barton, Sir Dunbar Plunket. <i>Links Between the Law and Shakespeare</i>. Boston: Houghton Mifflin, 1929. </p>
<p>Campbell, Lord. <i>Shakespeare’s Legal Acquirements</i>. New York: Appleton, 1859. </p>
<p>Castle, Edward James. <i>Shakespeare, Bacon, Jonson and Greene</i>. London: Sampson Low, 1897. </p>
<p>Clarkson, Paul S. and Clyde T. Warren. <i>The Law of Property in Shakespeare and the Elizabethan Drama</i>. Baltimore: Johns Hopkins, 1942. </p>
<p>Collins, J. Churton. <i>Studies in Shakespeare</i>. Westminster: Archibald Constable, 1904. </p>
<p>David, Cushman K. <i>The Law in Shakespeare</i>. Washington, DC: Washington Law Book Co., 1883. </p>
<p>Devecmon, William C. <i>IN RE Shakespeare’s “Legal Acquirements”: Notes by an Unbeliever Therein</i>.<br />
New York: Shakespeare Press, 1899. </p>
<p>Fuller, R.F. “Shakspere as a Lawyer.” <i>Upper Canada Law Journal</i> 9 (1863): 91&#8211;97. </p>
<p>Gibson, H.N. <i>The Shakespeare Claimants</i>. New York: Barnes &#038; Noble, 1962. </p>
<p>Greenwood, George. <i>The Shakespeare Problem Restated</i>. London: John Lane, 1908. </p>
<p>_________. <i>Shakespeare’s Law and Latin</i>. London: Watts, 1916. </p>
<p>_________. <i>Is There a Shakespeare Problem?</i> London: John Lane, 1916. </p>
<p>_________. <i>Shakespeare’s Law</i>. London: Cecil Palmer, 1920. </p>
<p>Guernsey, R.S. <i>Ecclesiastical Law in Hamlet: The Burial of Ophelia</i>. New York: The Shakespeare<br />
Society of New York, 1885. </p>
<p>Heard, Franklin Fiske. <i>Shakespeare as a Lawyer</i>. Buffalo: Hein, 1987. </p>
<p>Keeton, George W. <i>Shakespeare’s Legal and Political Background</i>. London: Pitman, 1967. </p>
<p>Knight, W. Nicholas. <i>Shakespeare’s Hidden Life: Shakespeare at the Law 1585&#8211;1595</i>. New York: Mason<br />
&#038; Lipscomb, 1973. </p>
<p>Kornstein, Daniel J. <i>Kill All the Lawyers? Shakespeare’s Legal Appeal</i>. Princeton: PUP, 1994. </p>
<p>McDonald, Russ. <i>Shakespeare and the Arts of Language</i>. Oxford: OUP, 2001. </p>
<p>McManaway, James G. <i>The Authorship of Shakespeare</i>. Washington: Folger, 1962. </p>
<p>Malone, Edmond, ed. <i>The Plays and Poems of William Shakespeare</i>. 2 vols. London: 1790. </p>
<p>Matus, Irvin Leigh. <i>Shakespeare, IN FACT</i>. New York: Continuum, 1994. </p>
<p>Milward, Martin W. <i>Was Shakespeare Shakespeare?</i> New York: Cooper Square, 1965 Nashe, Thomas. The Unfortunate Traveller and Other Works. New York: Penguin, 1972. </p>
<p>Nicoll, Allardyce. <i>Shakespeare</i>. London: Methuen, 1952. </p>
<p>Ogburn, Charlton. <i>The Mysterious William Shakespeare</i>. 2nd ed. McLean, VA: EPM, Inc., 1992. </p>
<p>Oxford English Dictionary. CD-ROM. 2nd ed. 1995. </p>
<p>Penzance, Lord. (Sir James Plaisted Wilde.) <i>The Bacon-Shakespeare Controversy: A Judicial Summing Up</i>. London: Sampson Low, 1902. </p>
<p>Phillips, O. Hood. <i>Shakespeare and the Lawyers</i>. London: Methuen, 1972. </p>
<p>Posner, Richard A., ed. <i>The Essential Holmes</i>. Chicago: U Chicago P, 1992. </p>
<p>Robertson, J.M. <i>Did Shakespeare Write “Titus Andronicus”?</i> London: Watts, 1905. </p>
<p>________. <i>The Baconian Heresy</i>. New York: Dutton, 1913. </p>
<p>________. <i>An Introduction to the Shakespeare Canon</i>. New York: Dutton, 1924. </p>
<p>Rowse, A.L. <i>Shakespeare The Man</i>. New York: Harper &#038; Row, 1973. </p>
<p>Rushton, William Lowes. <i>Shakespeare A Lawyer</i>. London: Longmans, 1858. </p>
<p>________. <i>Shakespeare’s Legal Maxims</i> (1859). Liverpool: Henry Young, 1907. </p>
<p>________. <i>Shakespeare’s Testamentary Language</i>. London: Longmans, 1869. </p>
<p>Sams, Eric. <i>The Real Shakespeare</i>. New Haven: Yale UP, 1995. </p>
<p>Saunders, J.W. <i>A Biographical Dictionary of Renaissance Poets and Dramatists, 1520&#8211;1650</i>. Brighton: Harvester, 1983. </p>
<p>Schoenbaum, S. <i>Shakespeare’s Lives</i>. New edition. Oxford: Clarendon, 1991. </p>
<p>Twain, Mark. <i>Is Shakespeare Dead?</i> New York: Harper &#038; Brothers, 1909. </p>
<p>Ward, B.M. <i>The Seventeenth Earl of Oxford</i>. London: John Murray, 1929. </p>
<p>Webb, Judge. <i>The Mystery of William Shakespeare</i>. London: Longmans, 1902. </p>
<p>White, Edward J. <i>Commentaries on the Law in Shakespeare</i> (1911). St. Louis: F.H. Thomas, 1913. </p>
<p>White, Richard Grant. <i>Memoirs of the Life of Shakespeare</i>. Boston: Little, Brown, 1865. </p>
<p>Wilkes, George. <i>Shakespeare, From an American Point of View</i>. (1877). London: Sampson Low, 1882. </p>
<p>Wilson, Ian. <i>Shakespeare: The Evidence</i>. New York: St. Martin’s, 1993. </p>
<p>Wu, John C.H. <i>Fountain of Justice</i>. London: Sheed and Ware, 1959. </p>
<h4>Articles and letters:</h4>
<p>Alexander, Mark. “Shakespeare’s ‘Bad Law.’” <i>The Shakespeare Oxford Newsletter</i>. 36.2 (2000): 1, 9&#8211;13. </p>
<p>[Dickens, Charles?] “Household Words.” (1858): 454&#8211;456. </p>
<p>Gohn, Jack Benoit. “Richard II: Shakespeare’s Legal Brief on the Royal Prerogative and the Succession to the Throne.” <i>The Georgetown Law Journal</i> 70.3 (1982): 943&#8211;973. </p>
<p>“Hales v. Petit.” <i>Plowden</i> 1 (1561): 253&#8211;265. </p>
<p>Hughes, Stephanie Hopkins. <i>Shakespeare’s Mentors: the Education of Edward de Vere</i>. Forthcoming. </p>
<p>________. “Shakespeare’s Tutor: Sir Thomas Smith (1513&#8211;1577).” <i>The Oxfordian</i> 3 (2000): 19&#8211;44. </p>
<p>Jolli, Eddi. “‘Shakespeare’ and Burghley’s Library.” <i>The Oxfordian</i> 3 (2000): 3&#8211;18. </p>
<p>Kathman, David. Letter. <i>The Elizabethan Review</i> 5.2 (1997): 21&#8211;23. </p>
<p>Marder, Louis. “Law in Shakespeare.” <i>Renaissance Papers</i>, 1954: University of South Carolina. </p>
<p>Moore, Peter. “Recent Developments in the Case for Oxford as Shakespeare.” Annual Shakespeare Oxford Society Conference, Minneapolis. 11 Oct. 1996. Online, <i>www.shakespeare-oxford.com/progres1.htm</i>. </p>
<p>Phillips, O. Hood. “The Law Relating to Shakespeare, 1564&#8211;1964.” <i>The Law Quarterly Review</i> 80 (1964): 172&#8211;202, 399&#8211;430. </p>
<p>“Review of Shakespeare’s Testamentary Language.” <i>Law Magazine and Review</i> 27 (1869): 162&#8211;163. </p>
<p>“Shakspeare a Lawyer.” <i>Legal Observer</i>. 1 (1830): 27&#8211;29. </p>
<p>Sprague, Homer B. “Shakespeare’s Alleged Blunders in Legal Terminology.” <i>Yale Law Journal</i> 2 (1902): 304&#8211;316. </p>
<p>Underhill, Arthur. “Law.” <i>Shakespeare’s England: An account of the Life &#038; Manners of his Age</i>. Oxford: Clarendon, 1916. </p>
<p>White, Richard Grant. “William Shakespeare––Attorney at Law and Solicitor in Chancery.” <i>Atlantic Monthly</i> April 1859: 84&#8211;105. </p>
<p>Wright, Daniel L. “’He was a scholar and a ripe and good one’: The Education of the Seventeenth Earl of Oxford, Mirrored in the Shakespeare Canon.” <i>The Oxfordian</i> 1 (1998): 64&#8211;85. </p>
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		<title>Searching for the Oxfordian &#8220;Smoking Gun&#8221; in Elizabethan Letters</title>
		<link>http://www.shakespeare-oxford.com/?p=670</link>
		<comments>http://www.shakespeare-oxford.com/?p=670#comments</comments>
		<pubDate>Sun, 12 Dec 2010 18:21:46 +0000</pubDate>
		<dc:creator>Smiley</dc:creator>
				<category><![CDATA[The Oxfordian]]></category>

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		<description><![CDATA[Paul H. Altrocchi, M.D. I will find where truth is hid, though it were hid indeed within the center. Hamlet: Act II Scene 2 Oxfordian scholars should be commended for excellent research in the past twenty-five years&#8212;a very productive quarter century. Other Oxfordians have either been content to wait in the wings for the inevitable [...]]]></description>
			<content:encoded><![CDATA[<p></p>
<div class="centered"><strong>Paul H. Altrocchi, M.D.</strong></div>
<hr />
<blockquote><p>
 I will find where truth is hid, though it were hid indeed within the center. </p>
<p><em>Hamlet</em>: Act II Scene 2
</p></blockquote>
<p>
Oxfordian scholars should be commended for excellent research in the past twenty-five years&#8212;a very productive quarter century. Other Oxfordians have either been content to wait in the wings for the inevitable paradigm shift or to expend their cerebral creativity fantasizing about long-lost play manuscripts&#8212;the supreme smoking gun, ignoring the advice of Matthew 7 verse 7: “Seek and ye shall find. Knock and it shall be opened unto you.” Most have neglected the potential harvest available in Elizabethan personal letters (Bethell 43-82). Literary history abounds with dramatic finds of extraordinary letters in private homes or unusual places. Even a trivial remark made in passing could be an important clue. Scholars dream of finding a letter from one courtier to another linking de Vere to Shakespeare. As a mere aside, the letter writer might say, “By the way, have you seen Oxford’s Othello? I saw it at Whitehall last week when it played before the Queen and it is stunning, full of great lines and social commentary. It’s now at The Theatre&#8212;do see it!” Or one University Wit might add in a postscript to another, “Has Oxford finished revising Hamlet yet? He’s been at it long enough!”
</p>
<p>
<strong>The Royal Commission on Historical Manuscripts </strong></p>
<p>
The general belief is that research on old letters requires exploration of attics and muniment rooms of English manor houses, disturbing centuries of dust and cobwebs. Unknown to most Oxfordians is England’s remarkable Historical Manuscripts Commission, established by Royal Warrant in 1869, whose mission has been to sleuth out these muniments and translate, edit, and print them, while the original documents remain undisturbed in the manor houses. Nor are all aware of how close the internet has brought us to documents so that much can be done now without ever leaving home. The Historical Manuscripts Commission (HMC) maintains the following informational centers:
</p>
<p>
1. National Register of Archives (NRA), gives information on records relating to British history, including 43,000 unpublished but indexed catalogs;
</p>
<p>
2. Manorial Document Register, an index to surviving manor house records in England and Wales;
</p>
<p>
3. ARCHON, an electronic directory of archival repositories;
</p>
<p>
4. Archives in Focus, a source for online archival resources.<a href="#ref1" id="fn1">[1]</a>
</p>
<p>
The Historical Manuscripts Commission indexes are a comprehensive summary of all letters written by individuals as well as all references to them, all so far catalogued. These indexes exist in two sets of volumes: Guide to the Reports of the Royal Commission on Historical Manuscripts 1870&#8211;1911, and Guide to the Reports of the Royal Commission on Historical Manuscripts 1911&#8211;1957. These are available in the British Library and in university libraries in the UK and the US.
</p>
<p>
A recent search by the author of HMC indexes for letters by Edward de Vere to any noble recipient (excluding the Cecils&#8212;already heavily researched), yielded nothing. There were, however, several references to de Vere in correspondence between members of noble families (other than the Rutlands and the Pembrokes, reviewed below). Most of these have long since been transcribed and recorded in books, and are now available online. For this last, special thanks are due to Prof. Alan Nelson of UC Berkeley, both for his recent book, containing his transcriptions of numerous documents relating to Oxford, and for the documents on his website; also to Oxfordian researcher Nina Green for her website (see Works Cited).
</p>
<p>
Documents listed by the HMC indexes that relate to Oxford (and can be found in full on Nelson’s website) are, briefly, as follows:
</p>
<p>
1. July 1, 1562: the Indenture of Covenants, i.e., the marriage contract between John, sixteenth Earl of Oxford, and Henry, Earl of Huntingdon, for the marriage of Edward de Vere, Lord Bulbeck, and either Elizabeth or Mary Hastings. The Huntingdon copy of this contract disappeared for 400 years only to show up at the Huntington Library in Pasadena among the Huntingdon family papers, which the Library had purchased.
</p>
<p>
2. 1575: a legal document regarding Edward de Vere’s estate, listing his debts and expressing his wishes for disposition of his holdings should he die during his tour to Europe in 1575&#8211;76. Annexed to this is a long schedule of the Earl’s debts, headed by £3457 owed to the Queen’s Majesty. Among Oxford’s creditors at this time were goldsmiths, jewelers, mercers, upholsterers, embroiderers, haberdashers, armorers, drapers, tailors and shoemakers. Burghley, Oxford’s father-in-law, is authorized to pay any debts omitted from the list.
</p>
<p>
3. 1580: Peregrine Bertie’s [pronounced Bartie] letter to Lady Mary Vere, sister of Edward de Vere, bemoans her brother’s uncourteous attitude towards their proposed marriage.
</p>
<p>
4. March 23, 1581: Francis Walsingham writes to Henry, third Earl of Huntingdon: “On Tuesday at night Anne Vavasor was brought to bed of a son in the maidens chamber. The E. of Oxford is avowed to be the father, who hath withdrawn himself with intent, as it is thought, to pass the seas.”
</p>
<p>
5. 1894: A narrative summary of the trial of Mary Queen of Scots, October, 1586, lists Edward de Vere as one of the judges.
</p>
<p>
6. Nov. 9, 1595: Rowland White writes to Sir Robert Sidney, the younger brother of Philip Sidney and nephew of Robert Dudley, Earl of Leicester, whose property he inherited. White was Robert Sidney’s trusted estate manager and friend. The HMC letter excerpt reads:
</p>
<blockquote><p>
I have written at large by John Massy, who is sent to Mr. Bodeley with letters, as I hear, commanding him to forbear the demanding of the money. Your leave will be decided within ten days. Lady Rich thanks you for the hangings. Some say my Lord of Oxford is dead.
</p></blockquote>
<p>
This last remark is curious indeed. Certainly “some say” is an odd way to phrase a rumor of actual death; the physical death of a person is a fact, not an opinion.
</p>
<p>
7. March 3, 1599: Robert Bertie, the seventeen-year-old son of Peregrine Bertie and Mary Vere, writes a letter in French to his uncle Edward de Vere, freely translated as follows:
</p>
<blockquote><p>
Monseigneur, I desire greatly to reaffirm the great esteem I have for you, having always been well treated by you. But I have yet to find a subject of sufficient merit to distract you from your more important interests. Thus I have not dared to be bold enough to write you for fear of poor judgment on my part writing letters which don’t even deserve to be opened. I do want to assure you of the eternal service I vow to you and your entire family, humbly imploring you, Sir, kindly to understand that I am ready to do your bidding with such devotion that I will all of my life be your humble servant and nephew.<a href="#ref2" id="fn2">[2]</a>
</p></blockquote>
<p>
These documents represent the total excerpts from letters listed in the 1870&#8211;1911 HMC volumes which mention Edward de Vere. None provide any suggestion of a smoking gun.
</p>
<p>
The HMC has done a fine job of cataloging and describing the vast family documents, including letters, of England’s noble families covering hundreds of years, including the Elizabethan era. Unfortunately, except for a few short letters, they have not been transcribed in full, but only excerpted or summarized, so who can say what Oxfordian insights remain undisclosed?
</p>
<p><strong>Where does letter research start? </strong></p>
<p>The letters most likely to reveal personal information would be from the subject’s closest associates, friends and relatives. Who were de Vere’s best friends? Introductory letters in books dedicated to him and letters to his in-laws suggest friendships with Thomas Bedingfield, Bartholomew Clerke, and Lord Lumley, but no private letters have surfaced to connect them. As for childhood friends, because of his relative isolation either at Hedingham Castle or later, at the home of his childless tutor, Sir Thomas Smith, it seems unlikely that Oxford acquired enduring friendships in childhood. Close contacts with others of his own age and rank would have begun in 1562 at age twelve when he was removed to Cecil House upon the death of his father. </p>
<p>The young men that Cecil gathered for companions to his son Thomas would probably have been known to Oxford as well. These included his first ward, Arthur Hall, Alexander Neville (translator of Seneca), Barnabe Googe (translator of Palengenius), and the Cobham brothers (Hughes Tutors 83). These men were six to ten years older than Oxford, while Philip Sidney was four years younger. Although it is unlikely that he did not form friendships with some of these young men and boys, direct evidence has so far escaped us. </p>
<p>Cecil’s younger son, Robert Cecil, was born in 1563, the year Oxford spent at Cecil House without Rutland. As most Oxfordians are aware, we have a number of letters from Oxford to Robert Cecil written in the mid-to-late nineties (Fowler), though none (as yet) from Cecil to Oxford. </p>
<p>While head of the Court of Wards, William Cecil (Lord Burghley) had charge of a total of twelve wards, of whom nine were noblemen. The first four included: Edward de Vere, Earl of Oxford (1562&#8211;1571); Edward Manners, third Earl of Rutland (1563&#8211;70); Edmund, third Lord Sheffield (1568&#8211;85); and Edward, Lord Zouch, acquired for Thomas Cecil (1569&#8211;77) (Hurstfield 249). </p>
<p>Edward Manners, Earl of Rutland (1549&#8211;1587), was a year older than de Vere but came to Cecil a year after Oxford, in 1563&#8211;4. Thus the two Edwards, de Vere and Manners, shared Cecil’s guardianship for seven years, from 1563 to 1570. We have little hard evidence of their friendship, but that two boys of equal rank, so close in age and with close family ties, must have formed a close and lasting bond under such circumstances seems highly likely. Burghley’s later wards, the earls of Essex, Southampton, and Rutland, shared a bond formed in similar circumstances, one that was an important factor in the passions that led to the Essex Rebellion. Although de Vere also shared some time at Cecil House with Lord Sheffield for three years and with Lord Zouch for two, nothing is known at this time about their relationships. </p>
<p>The other five noble wards were acquired by Burghley between 1572 and 1588, after de Vere was gone. These included Philip Howard, later Earl of Arundel (1572&#8211;78); Robert Devereux, second Earl of Essex (1576&#8211;1587); Henry Wriothesley, third Earl of Southampton (1581&#8211;94); Roger Manners, later fifth Earl of Rutland (1588&#8211;97); and Lord Wharton, later second Baron Wharton (years unknown), all considerably younger than de Vere. Philip Howard, son of the executed Duke of Norfolk, was Oxford’s cousin, so it’s possible that they knew each other early on from family holiday gatherings, but of this we have no evidence. As for Essex, all we know (from Oxford’s October 20, 1595 letter to Cecil), is that by 1595, de Vere disliked him intensely (Nelson 483). </p>
<p>Of these early contacts, the relationship with Edward Manners would seem to be the most important, so the Manners family archives were searched first. </p>
<p><strong>Manners documents at Belvoir Castle </strong></p>
<p>Muniments belonging to the Earls of Rutland have been kept at Belvoir (pronounced Beaver) Castle in Leicestershire in central England for almost 500 years. Sir Thomas Manners, first Earl of Rutland, began rebuilding Belvoir Castle in 1523 at the site of a ruined castle first constructed by William the Conqueror’s standard bearer in the eleventh Century. It was completed by his son, the second Earl of Rutland, father of de Vere’s companion. </p>
<p>According to historians, Edward Manners had many outstanding virtues. Unfortunately he died in 1587 at the age of thirty-eight, six days before his installation as Lord Chancellor (EB). Since he had no sons, his brother John became the fourth Earl. John died the following year, and was followed by his son, Roger Manners (1576&#8211;1612), the fifth Earl, who became a ward of the Crown and was educated by Burghley. In 1703, John, the ninth Earl, was created first Duke of Rutland. Today it is the eleventh Duke of Rutland who lives at Belvoir Castle with his family. </p>
<p>The castle was severely damaged by Cromwell’s troops during the English Civil War in the 1640s. It was devastated by fire in 1816, although remarkably the family documents survived. The first cataloging of castle documents was carried out in 1869 by Alfred Horwood for the HMC. Frustrated by his limited access, he urged further research. Horwood was followed by H.C. Maxwell Lyte. Lyte was able to locate documents at thirteen locations in Belvoir Castle between 1885 and 1888. He describes a classic scene of document discovery: </p>
<blockquote><p>
In looking for the key of the lumber room . . . I came across a key bearing a label with the words “Key of old writings over stable.” I accordingly repaired to the stables, which are at the bottom of the hill on which the castle stands, and there, in a loft under the roof, discovered a vast mass of old papers. No one had entered the room for some years, a curtain of cobwebs hung from the rafters, and the floor was so covered with documents, piled to a height of three or four feet, that at first there was scarcely standing room. Over everything there was a thick layer of broken plaster and dirt, which made white paper indistinguishable from brown. In the course of the first half-hour I found a holograph letter of Lord Burghley . . . .<br />
<br />
This disturbance of the surface caused a horrible stench, and it soon became evident that the loft had been tenanted by rats who had done lasting damage to valuable manuscripts by gnawing and staining them. Some documents had been reduced to powder, others had lost their dates or their signatures. The entire center of a long letter in the hand of Robert Dudley, Earl of Leicester, had entirely disappeared. Those that remained were of a very varied character.<br />
<br />
A deed of the time of Henry II was found among some granary accounts of the eighteenth century, and gossiping letters from the Court of Elizabeth among modern vouchers. (Lyte ii&#8211;viii)
</p></blockquote>
<p>Despite these obstacles, Lyte did a superb job of analysis, chronological arranging, tabulation and transcription, after which all letters were cleaned, repaired, mounted on guards and bound. Lyte explains what he did and did not include in the published calendar or index of the HMC (RCHM vii&#8211;viii). The Calendar prepared for the use of the public mentions every letter which bears a date, original or supplied, down to the year 1600, and every letter down to the year 1787 which appears to contain any information of general interest. It does not include the contents of some of the old volumes, which, he claims, consist only of letters from ladies about purely domestic affairs. </p>
<p>Of course it is precisely in such domestic letters&#8212;excluded from the index&#8212;that nuggets of information are found in the most trivial comments, made in passing. Whether or not there is anything relevant to Oxfordian studies in these uncatalogued and untranscribed portions of these documents is a question that Oxfordian scholars are eager to resolve. Unfortunately it may be some time before this is possible. </p>
<p><img alt="" src="http://shakespeare-oxford.com/wp-content/uploads/Buck.jpg" class="alignleft" width="475" height="488" /></p>
<p>Although many trivial letters from the period were kept, not a single letter from de Vere to Edward Manners has yet been found at Belvoir Castle, and only twelve letters have been found which mention him, most of them in passages already familiar to Oxfordians. However paltry the results, we must be grateful, for without these we would be lacking much of our picture of the youthful Oxford. </p>
<p><strong>Rutland’s journey to the Cecil Household </strong></p>
<p>One interesting letter is probably the earliest, dated January 9, 1564. In it William Cecil writes from Windsor to the Countess of Rutland, advising her of housing arrangements for her stepson, Edward Manners, as he makes his way to join Cecil’s household following a holiday spent with his family at Belvoir Castle. After several stopovers, he will arrive at “Hitcham near Burnham,” where Oxford is staying. Since this location is not far from Windsor Castle, one presumes that the two boys will reside there until lessons begin wherever they began, either at Cecil House in London, or some other place. Both were still too young to be permanently housed at Court, although de Vere’s proximity to Windsor at this time suggests that he may have spent the winter holiday of 15634 at Court. Since Manners’s father had died the previous September, it is interesting to consider that it may have been four months, or the following January, before Edward joined the Cecil household and connected with his younger cousin for the first time. </p>
<p>Cecil writes to Lady Rutland:<br />
</p>
<blockquote><p>
I wrote lately to you that Lord Rutland, your stepson, might be brought up hither by my cousin Disney, your officer, and I wrote the like to him. I understand by the steward of my house near Stamford that my letters have miscarried. I therefore pray that either Mr. Disney, or any other whom you shall think meet, may forthwith conduct my said Lord hither or to a place within three miles, near Maidenhead Bridge, where Lord Oxford is. It is called Hitcham next to Burnham. / In my letter to my cousin Disney, I offered this manner of journey for my Lord&#8212;first to my house near Stamford, next to Sir Robert Tyrwhitt’s house or Mr. Cromwell’s near Huntingdon, on the third day to Sir Robert Chester’s near Royston, on the fourth either to Mr. Sadler’s or to my house by Waltham. I would meet him at Mr. Sadler’s, or at my own house. Because the charge is mine, beside mine own good will to that house, I cannot forbear to be somewhat curious herein. If it shall be thought meet for my Lord to come by Northampton, let him be led to lodge in gentlemen’s houses and not in any inns for danger of sickness. / If the things necessary for his chamber and for his own person cannot be brought with him or before him, I shall make some shift to content his Lordship, although I lodge in another man’s house and am somewhat distant from mine own. I will give order for the payment of the charge sustained by you since the death of my Lord’s father, as also for his conduction hither. I thank you for your token of the New Year. (HMC 1.89)
</p></blockquote>
<p>A month later, on May 14, 1571, George Delves, writing from the Court to the Earl of Rutland in France, gives us one of our brief glimpses of Oxford:</p>
<blockquote><p>
Lord Oxford has performed his challenge at tilt, turn, and barriers far above the expectation of the world, and not much inferior to the other three challengers. Their furniture was very fair and costly. The Earl’s livery was crimson velvet, very costly. / He himself and the furniture was in some more colors, yet he was the Red Knight. Charles Howard was the White Knight; Sir Henry Lee the Green Knight. Mr. Hatton was the Black Knight, whose horses were all trimmed with caparisons of black feathers, which did passing well. There were twenty-seven defendants, whereof your servant was one. Twenty-six of them were fair and gallantly furnished, Lord Stafford and Lord Harry Seymour the chief. Henry Grey had the prize for the tilt, Lord Harry for the turn, Thomas Cecil for the barriers. Some there be that think they had not therein right judgment . . . . (HMC 1.92)
</p></blockquote>
<p>A month later Delves gives us another snapshot in writing again to Rutland: “There is no man of life and agility in every respect in Court, but the Earl of Oxford” (HMC 1.94). A month after that (July 28, 1571), comes another snapshot from Lord St. John, writing to Rutland:</p>
<blockquote><p>
The Earl of Oxenford hath gotten him a wife&#8212;or, at the least, a wife hath caught him&#8212;that is Mrs. [Mistress] Anne Cecil, whereunto the Queen hath given her consent, the which hath caused great weeping, wailing, and sorrowful cheer of those that hoped to have had that golden day. (HMC 1.94)
</p></blockquote>
<p>And the month after that, August 15, 1571, Lord Burghley writes to the Earl of Rutland, still at Paris:</p>
<blockquote><p>
I think it doth seem strange to your Lordship to hear of a purposed determination in my Lord of Oxford to marry with my daughter, and so before his Lordship moved it to me might I have thought it, if any other had moved it to me than himself. For at his own motion I could not well imagine what to think, considering I never meant to seek it, nor hoped of it. . . . Now that the matter is determined betwixt my Lord of Oxford and me, I confess to your Lordship I do honor him as much as I can any subject, and I love him so dearly from my heart as I do mine own son. . . . And surely, my Lord, by dealing with him I find that which I often heard of your Lordship, that there is much more in him of understanding than any stranger to him would think. And for mine own part, I find that whereof I take comfort. (HMC 1.95)
</p></blockquote>
<p>Two days later, on August 17, Thomas Radcliffe, Earl of Sussex writes to Rutland: “I doubt not you hear of a marriage concluded between my Lord of Oxford and my Lord of Burghley’s daughter” (HMC 1.96). </p>
<p>Five years later, in January 1576: Maid of Honor Eleanor Bridges writes to Rutland: “Lady Mary de Vere, sister of the Earl of Oxford, is sworn one of the Privy Chamber. The court is as full of malice and spite as when you left” (HMC 1.107). </p>
<p>On February 15, 1577: R. Brakinbury writes from the Court to the Earl of Rutland: </p>
<blockquote><p>
I hope to see you here this merry Shrovetide. Mrs. Borow makes her offering on Monday next. This will be a long Lent to Lady Mary Vere and Mrs. [Mistress] Sidney, for at Easter consummatum erit. I hope that two of your kinswomen will take up two more noblemen, as Mrs. Paston Lord Stourton and Mrs. Chaworth Lord Gormanston. Our new maids have not entered yet in love, but our old choose new servants because they wax merry. The last from Flanders says that it is yet likely to be peace, but I believe it not. France is in garboil [discord] in each part. We hear nothing yet from Sir John Smith in Spain. For all this in France there is nothing in the Court but dancing and triumphing by day and almost nightly executions. God amend them! Lord and Lady Talbot are here. Lord Pembroke is much made of and lodged in the house; Lord Oxford in the old sort [his usual accommodation] (HMC 1.110&#8211;11).
</p></blockquote>
<p>“Mistress Sidney” was Mary Sidney, soon to marry the Earl of Pembroke. </p>
<p>The following year, November 11, 1577, Thomas Screven writes to Rutland from London: </p>
<blockquote><p>
. . . The marriage of the Lady Mary Vere is deferred until after Christmas, for as yet neither has Her Majesty given license, nor has the Earl of Oxford wholly assented thereto. (HMC 1.115)
</p></blockquote>
<p>Six years later, on May 27, 1583, Roger Manners writes from Greenwich to his uncle:</p>
<blockquote><p>
I make myself ready to wait on her Majesty at Theobalds where, it is thought, Lord Oxford will work some grace. We are not likely to have any great progress this year. The Lord Chamberlain yet lives, but there is no great hope of his recovery. (HMC 1.150)
</p></blockquote>
<p>The Lord Chamberlain was Thomas Radcliffe, Earl of Sussex. It is thought that Sussex was Oxford’s mentor and role model during his early years at Court. </p>
<p>A few days later, on June 2, Roger Manners writes from the Savoy to his uncle: </p>
<blockquote><p>
Her Majesty came yesterday to Greenwich from my Lord Treasurer’s. She was never in any place better pleased and sure the house, garden and walks may compare with any delicate place in Italy. The day she came away, which was yesterday, my Lord of Oxford came to her presence, and after some bitter words and speeches, in the end all sins are forgiven and he may repair to the court at his pleasure. Mr. Raleigh was a great mean herein, whereat Pondus is angry for that he could not do so much. (HMC 1.150)
</p></blockquote>
<p>The “bitter speeches” were no doubt due to the reason for his banishment from Court, his impregnation three years earlier of Ann Vavasor, Lady of the Bedchamber to the Queen. This letter contains the only known reference to William Cecil as “Pondus” (Altrocchi 10). </p>
<p>There is also a narrative of the treason trial (February 19 to March 5, 1601) of the Earl of Essex, the Earl of Oxford being listed as one of twenty-seven judges (HMC 1.370&#8211;1). </p>
<p>No smoking gun was encountered in the analyis of letters at Belvoir Castle to or about Edward Manners or his family. The total lack of letters from de Vere to one who was his companion for a large part of his teen years is a conspicuous void. Surely they wrote to each other during the early 1570s when Oxford was at Court and Rutland was in Paris. That none of these letters survives suggests that they were simply too personal to be allowed to fall into other hands. The likelihood of this is shown by the many letters that survive from this period inscribed: “burn this.” </p>
<p><strong>Difficulties in Further Manners Research </strong></p>
<p>Quite obviously, what is not considered meaningful in one historical epoch may carry immense significance to a future generation. It is not impossible that what the Historical Manuscript Commission excluded during their incomplete transcription of letters could include important information relevant to the authorship debate. It should be clear that for purposes of Oxfordian research, every letter in the Manners collection during the years from 1563 through 1587 should be reviewed in its original form and entirety. Unfortunately, that may not be possible any time soon. </p>
<p>All Manners family letters are now bound in chronological volumes. In 1888 an index was published entitled, The Manuscripts of His Grace The Duke of Rutland Preserved at Belvoir Castle. Researchers no longer need plow through the accumulated impedimenta of centuries in muniment rooms, attics or stables, but they do need to get special permission for access from the present Duke of Rutland. In recent years this has rarely been granted, and we would not encourage anyone to try at present. As with many English noble homes, scholarly access to the castle is restricted for diverse and often quite valid reasons, varying from a concern about divulging intimate secrets of honored ancestors to concerns over English income tax implications. Access to Belvoir Castle will require some delicate negotiations on the part of researchers with the kind of connections that few Oxfordians have at present. </p>
<p>Though results from the Rutland paper may seem disappointing, the even more disappointing results from the Sidney/Pembroke papers are actually more typical. </p>
<p><strong>The Herbert Family Letters </strong></p>
<p>Wilton House, situated southwest of London near Stonehenge, was the family home of the Earls of Pembroke and, for most of her life, Mary Sidney, Countess of Pembroke. Despite an age discrepancy of more than thirty years, in 1575 the widowed second Earl took sixteen-year-old Mary Sidney as his bride. Mary was a fine poet, a gifted and highly cultured woman. She was not only accomplished in French, having translated De Mornay, she was conversant with Italian as well. Her library at Wilton was richly stocked, containing a number of Italian works. All her biographers believe that her reputation as a writer suggests that she wrote far more than was published under her name (Hughes Sidney 71&#8211;108). </p>
<p>Beyond their obvious interest in literature and the theatre, Mary and her sons, the “incomparable paire of brethren” for whom Shakespeare’s First Folio was produced, had several obvious connections with the de Vere family. The eldest son, William Herbert, later third Earl of Pembroke, was at one time the leading candidate for the hand of Oxford’s second daughter, Bridget Vere, while his brother Philip, First Earl of Montgomery, later Fourth Earl of Pembroke, married Oxford’s youngest daughter, Susan. Thus Wilton House would seem to be a likely source for smoking guns. </p>
<p>Unfortunately a major house fire in 1647 destroyed all but the center of the east front and most of the contents of the house. Carol Druce, current Wilton House Curator, thinks only part of the first floor was destroyed, not including the muniment room, but states that no one is sure.<a href="#ref3" id="fn3">[3]</a>  At the time of the fire, of the four (Mary, her sons and Susan Vere Herbert) only Philip was still alive. </p>
<p>For many years all Pembroke letters and most Wilton House documents have been stored at nearby County Hall, Trowbridge, a temperature controlled facility. But even here there is little to be found,<a href="#ref4" id="fn4">[4]</a> no more than twenty letters from the seventy-two years spanning 1553 to 1625&#8212;the period most likely to contain references to de Vere&#8212;and no letters at all to the Earls of Pembroke. For the following sixty-three years (1625–1688) there are only twelve letters, all on business matters. None contain a reference to Edward de Vere. </p>
<p><strong>Why the Lack of Herbert Family Personal Letters? </strong></p>
<p>English nobility was for centuries imbued with the importance of keeping family memorabilia, often designating special muniment rooms to harbor documents, both important and trivial. In a highly literary and prominent family in the late 1500s and early 1600s, one would expect a rich muniment harvest. So what happened to the missing Herbert family letters? Alas, no one can say. Fire, such as the 1647 fire that may have destroyed the muniment room of Wilton House, has been a constant threat to these great family archives over the centuries. However, in the case of the Pembroke papers no personal letters exist from after the fire either&#8212;not until 1688&#8212;so the 1647 fire can’t be the sole cause. It was fire that destroyed their city mansion, Baynard’s Castle, in the great London fire of 1666, which also destroyed another Herbert house in London. The Civil War of 1642 to ’49 brought another kind of threat. An intriguing legal warrant, dated November 3, 1643, from Philip Herbert reads: </p>
<blockquote><p>
These are to will and authorize you that, for their better security in these times of danger and distraction, you fail not to carry all my Evidences and Writings which concern my Estate in your Custody, to Carisbrooke Castle in the Isle of Wight, there to remain until I give Order for their Removal, and this shall be your Warrant. Given under my Hand &#038; Seal the 3rd of November 1643. To my Auditor Mr. Thomas Dennett<br />
<br />
Pembroke &#038; Montgomery (WSRO 2057/E1/1)
</p></blockquote>
<p>On the outside of the warrant is written the subject of the document: “Endorsed. My Lord wrote for sending Away his Evidences at Wilton into the Isle of Wight.” The Isle of Wight is just off the southern coast of England, not far from Wilton. From 1642 to 1647, Philip Herbert was Governor of Carisbrooke Castle, which is so secure that it was used by Cromwell’s Parliamentarians in 1647 to house King Charles I for eleven months prior to his execution. Today the castle is preserved as an important historical monument. </p>
<p>Had muniments been sent to Carisbrooke Castle in 1643 for safe-keeping they would have escaped the Wilton House fire of 1647. The present castle curator, however, states confidently that all castle rooms have been searched a number of times and no Pembroke or Herbert family documents have been found.<a href="#ref5" id="fn5">[5]</a> </p>
<p>In sum, this search of Herbert family archives was negative. Wilton House, the family seat since 1542, contains no letters from Edward de Vere or concerning him, nor does the Trowbridge storage facility, nor does Carisbrooke Castle. And so far the search of HMC files for letters mentioning de Vere in all other noble houses except those at Robert Cecil’s Hatfield House, already repeatedly analyzed, has yielded only one letter to him (in French) and six letters that mention him, none of them containing a smidgeon of evidence linking him to the works of Shakespeare. </p>
<p>This research discovered significantly fewer references to Edward de Vere than Oxfordians might postulate for their literary giant of the Elizabethan Golden Age of Language and Literature. Yet, despite this negative yield, it is altogether possible that there are still important Oxfordian secrets undiscovered among the letters and documents of England&#8217;s noble families. Oxfordians are encouraged to get involved in this type of historical literary sleuthing. . </p>
<p>
<strong>Endnotes</strong>
</p>
<ol>
<div id="footnote">
<li id="ref1">These and many other archives, such as the county record offices, can be located on the Historical Manuscripts Commission web site: www.national archives.gov.uk or http://www.hmc.gov.uk <a href="#fn1">[?]</a></li>
<li id="ref2">The original letter in its entirety is as follows:
<p>Monseigneur, je desire infiniement de vous faire paroistre par quelque effect l’honneur que je vous porte, ayant esté toujours bien veu de vous; mais d’autant que je n’ay trouvé encores aucun subject [sic] assez digné de vous divertir de vos plus serieux affaires, je n’osoy prendre la hardiesse do vous escrire, de peur d’estre trop mal advisé de vous importuner de lettres qui ne meriteroyent pas d’estre seulement overtes: si non en ce qu’elles vous asseureroyent de l’éternelle service que je vous ay vouë et a toute votre maison; vous suppliant très humblement, Monsieur, de l’avoir pour agréable et de me tenir pour celui qui est prest de recevoir vos commandemens de telle devotion que je seray toute ma vie vostre très humble serviteur et neveu. </p>
<p>Thanks to Julia Altrocchi Slatcher, Catherine Pettit and Bret Helvig for help with the translation, including some medieval French words.<a href="#fn2">[?]</a></li>
<li id="ref3">Personal communication from Carol Druce, Librarian and Custodian of Wilton House documents, 2002. <a href="#fn3">[?]</a></li>
<li id="ref4">Personal communication from Steve Hobbs, Archivist, County Hall, Trowbridge, England, 2002. <a href="#fn4">[?]</a></li>
<li id="ref5">Personal communication from Rosemary Cooper, Curator of Carisbrooke Castle, April, 2004. <a href="#fn5">[?]</a></li>
</ol>
</div>
<p><strong>Works Cited </strong><br />
<br />
<strong>Abbreviations</strong><br />
<br />
EB <em>Encyclopedia Brittanica</em>. 1970.<br />
<br />
HMC Historic Manuscripts Commission<br />
<br />
WSRO Wiltshire Shropshire Record Office<br />
<br />
WNID <em>Websters New International Dictionary</em>. 2nd Ed. 1934.<br />
<br />
<strong>Books and Articles</strong><br />
</p>
<p>Altrocchi, Rudolph. Sleuthing in the Stacks. Cambridge, Mass: Harvard UP, 1944.</p>
<p>Bethell, Tom and Mattus, Irvin. “Looking for Shakespeare.” <em>The Atlantic Monthly</em> 268. 4 (1991) 48&#8211;82. </p>
<p>Green, Nina. www.oxford-shakespeare.com </p>
<p>Fowler, William Plumer. <em>Shakespeare revealed in Oxford’s Letters</em>. Portsmouth, NH: Randall, 1986. </p>
<p>Hughes, Stephanie Hopkins. Shakespeare’s Tutors. Unpublished manuscript. 2000. </p>
<p>________________. “No Spring ’till Now: Mary Sidney and the John Webster Canon.” <em>The Oxfordian</em>. 6.2003: 71&#8211;108. </p>
<p>Hurstfield, Joel. <em>The Queens Wards. Wardship and Marriage Under Elizabeth I</em>. Cambridge, Mass: Harvard UP, 1958. </p>
<p>Lyte, H.C. Maxwell. <em>Royal Commission on Historical Manuscripts, 12th Report</em>. Appendix. “The Manuscripts of His Grace the Duke of Rutland, Preserved at Belvoir Castle.” 1.3&#8211;8. London: HMSO, 1888. </p>
<p>Nelson, Alan H. <em>Monstrous Adversary: The Life of Edward de Vere, 17th Earl of Oxford</em>. Liverpool: LUP, 2003. </p>
<p>________________. http://socrates.berkeley.edu/~ahnelson/oxdocs.html. </p>
<p>Ogburn, Charlton Jr. <em>The Mysterious William Shakespeare, The Myth and the Reality</em>. New York: Dodd Mead, 1984. </p>
<p>Read, Conyers. <em>Mr. Secretary Cecil and Queen Elizabeth</em>. New York: Knopf, 1961. </p>
<p>Rutland, papers. “The Manuscripts of His Grace the Duke of Rutland, Preserved at Belvoir Castle,” Vol. 1. HMC. 1888</p>
<p>Ward, Bernard M. <em>The Seventeenth Earl of Oxford </em>(1550&#8211;1604). London: John Murray, 1928. </p>
<p><img alt="" src="http://shakespeare-oxford.com/wp-content/uploads/old_castle.jpg" class="aligncenter" width="475" height="488" /></p>
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