upon such as had not so well deserved it, and by that meanes set his wife and children a begging? Surelie the custome hath as good ground in reason against lewd husbands and unkinde fathers, as hath the lawe in meeting with disobedient wives and unthrifty children.Swinburn, p. 106. Several words are used in this passage, as they are sometimes by Shakespeare, in senses different from those which they now convey; as naughty for bad, wicked; full for very; honest for virtuous or chaste; condition for temper, quality, inclination; and Swinburn here speaks of one who had labored full sore all his life,' and Shakespeare of, The death of each day's life, sore labour's bath. Shakespeare often uses these words in these senses, although I give only a few examples. Olivia. Were you sent here to praise me? Twelfth Night, Act i. Sc. 5. The verb to praise signifying to appraise, or value, is used in some of our old law books and ancient statutes (Swinburn, Henry VIII. 21, c. 5, and others), which speak of the form to be observed in making an inventory; and Olivia speaking of an inventory (see p. 9) uses it in that sense, so also does Launce who plays upon the word: Launce. She hath more qualities than a water-spaniel; which is much in a bare Christian. [Pulling out a paper.] Here is the cate-log of her conditions. 'Imprimis: she can fetch and carry.' Why, a horse can do no more: nay, a horse cannot fetch, but only carry; therefore is she better than a jade. 'Item: she can milk;' look you, a sweet virtue in a maid with clean hands. Speed. 'Item: She will often praise her liquor.' Launce. If her liquor be good, she shall if she will not, I will; for good things should be praised. Two Gentlemen of Verona, Act iii. Sc. 1. Launce (whose Cate-log resembles Olivia's inventory) says good things should be praised, and an inventory contained a description of the goods with their value appraised; or to use Swinburn's words, 'The things that are to be put into the inventorie, are all the goods, and cattels, and rights, which were the testator's.' 218. It is not sufficient to make an inventorie, containing all and singular the goods of the deceased, unless the same be particularly valued and praised by some honest and skilfull persons, to be the just value thereof in their judgements and consciences, that is to say, at such price as the same may be solde for at that time. In ancient time, amongst many other solemnities of inventories, this order was observed: First of all, the moveable goods were inventoried and praised, as household stuffe, corne, and cattell, &c.; then the immoveable, as leases of groundes or tenements, after that the debts due to the testator were set downe, which order is for the most parte observed at this time here in England: saving that some doo omit leases, wherein they do amisse: others praise them among the moveables, but it were better to praise them severally. - Swinburn, 220. Richmond. Abate the edge of traitors, gracious Lord, That would reduce these bloody days again, And make poor England weep in streams of blood. Richard III., Act v. Sc. 5. Burgundy. And as our vineyards, fallows, meads, and hedges, Defective in their natures, grow to wildness, Henry V., Act v. Sc. 2. Reduce, bring back, used in this sense by Swinburn, When the testator and legatarie be reconciled and reduced into friendship againe, then the former enimities do not prejudice the legatarie. -Swinburn, page 288. REDUCE-WENCH. 41 When the thing bequeathed, whereof the former is altered, may be reduced to his first matter; as when the testator doth bequeath some masse of metall be it gold or silver, tinne, or such like, whereof the testator afterwardes dooth make some vessell, or other instrument. Or on the contrarie, the testator having bequeathed a cuppe of golde, or other vessell, or instrument of metall, dooth afterwardes dissolve the same to his first matter: or the testator having bequeathed a cup of golde dooth make a chaine thereof: the will of the testator by such alterations is not presumed to be altered, and therefore the legacie is not thereby extinguished. But if the thing bequeathed after the forme thereof be altered, cannot be reduced to that which it was before; as wool when it is made clothe: or timber when it is hewen or made parcell of a ship: the testator having bequeathed certaine wool or timber, and afterwards translating the same to other forms, from whence they cannot be reduced to the former, the legacie is extinguished, unlesse it doo appeare that the will of the testator therein is not chaunged.-Swinburn, 294. Othello. Now, how dost thou look, O ill-starr'd wench ! Pale as thy smock. Act v. Sc. 2. By the said custome generallie observed within the province of Yorke, a Tutor maie be assigned to a boie at anie time untill hee have accomplished the age of 14 yeeres, and to a wench until she have accomplished the age of twelve yeeres. -Swinburn, 98. The word wench is frequently used by Shakespeare in a good sense, as it is by Queen Katherine in Henry VIII., and by Swinburn in this passage. Laertes. Think it no more : 1 For nature, crescent, does not grow alone Hamlet, Act i. Sc. 3. Shakespeare may have written these verses remembering the following passages from Swinburn's Treatise on Wills. It is an old question, whether he that hath taken an oth not to make a testament, may notwithstanding make a testament: and although there were many which did hold that in this case he could not make a testament, yet the greater number are of the contrarie opinion; esteeming the othe not to be lawfull, and consequently not of force to deprive a man of the libertie of making a testament. And therefore if a man first make a testament, and then sweareth never to revoke the same, yet notwithstanding he may make another testament and thereby revoke the former: for there is no cautele under heaven, whereby the libertie of making or revoking his testament can be utterly taken away. Swinburn, 61. |