by Charles Siegel
“The first thing we do, let’s kill all the lawyers” is one of Shakespeare’s most famous lines. It lives on, four centuries after it was written, on countless t-shirts and coffee mugs. People who have never read another word of Shakespeare know the line well, and think that Shakespeare hated lawyers and that his audiences hated them too. That facile reading, however, is wrong.
Shakespeare used lawyers frequently, as both a plaintiff and defendant, and moved freely in legal circles. His first residence in London was near the Inns of Court, where affluent students lived and studied law, and he had friends and relatives in the Inns. It thus seems unlikely that Shakespeare hated lawyers or held them in contempt. But it is the context in which “let’s kill all the lawyers” appears that most tells us what it really means.
The line is spoken by Dick the Butcher, the henchman of Jack Cade. In Henry VI, Part 2, the boy king has returned from France, and rival factions from the Houses of York and Lancaster are struggling for power. The Duke of York hires Cade, a commoner, to foment rebellion. Cade tries to rouse a crowd of people, and Dick chimes in:
JACK CADE: Be brave, then; for your captain is brave, and vows reformation. There shall be in England seven half-penny loaves sold for a penny: the three-hoop’d pot shall have ten hoops; and I will make it felony to drink small beer: all the realm shall be in common; and in Cheapside shall my palfrey go to grass: and when I am king,– as king I will be,–
ALL. God save your majesty!
JACK CADE: I thank you, good people:– there shall be no money; all shall eat and drink on my score; and I will apparel them all in one livery, that they may agree like brothers, and worship me their lord.
DICK: The first thing we do, let’s kill all the lawyers.
Shakespeare is saying that lawyers are what stand between order and chaos, between respect for individual rights and mob rule. Supreme Court Justice John Paul Stevens agreed, writing in a 1985 opinion that “a careful reading” of the scene that shows that “Shakespeare insightfully realized that disposing of lawyers is a step in the direction of a totalitarian form of government.”
Today Donald Trump and his minions aren’t trying to kill lawyers. But he does seek totalitarian government, and he certainly wishes to dispose of lawyers, and the rules and norms, the rights and processes, that they guard. Read more »