And this, in such greedy and importunate manner as that delineated, so that none could drive him from "the envious plea of forfeiture," which he sought in the name of "justice and his bond." The injustice of such a plea could not well be presented in an abler manner than is done in this verse. A forfeiture of a bond is the failure to perform the condition upon which the obligee was to be excused from the penalty in the bond. The word forfeiture includes not merely the idea of losing the penalty, but also of having the property right transferred to the other party, without the consent of the party who has violated his obligation. Where the enforcement of a forfeiture was unjust, courts of equity always granted relief therefrom,2 and courts of law finally came to assume a like jurisdiction.3 Sec. 85. "The course of law.". "Ant. The duke cannot deny the course of law. For the commodity that strangers have With us in Venice, if it be denied, Will much impeach the justice of the state." 1 Bouvier's Law Dictionary. 2 Coke, Litt. 209a; 2 Bl. Comm. 340. Ante idem. The relief furnished by Antonio, against the forfeitures sought by the Jew, against other debtors, is mentioned as the basis for his dislike, by Antonio, in these words: "Ant. He seeks my life; his reason well I know; I oft delivered from his forfeitures, Many that have at times made moan to me; Therefore he hates me. Salan. I am sure, the duke will never grant this forfeiture to hold." (Merchant of Venice, Act III, Scene III.) Varro's Servant, on referring to the past due bonds of his master, he presented to Timon, in Timon of Athens, said: "Var. Serv. 'Twas due on forfeiture, my lord, six weeks." (Act II, Scene II.) * Merchant of Venice, Act III, Scene III. This is a beautiful and touching tribute paid by the Poet to the majesty of the law, which was recognized as beyond and above the power of royalty. That the denial of the affirmative rights of any citizen would "much impeach the justice of the state" by denying, from analogy, the property rights of the strangers in the city, by the like denial of "the course of law," is an observation in keeping with the whole philosophy of the law and the danger of breaking down the precedents or the regular course of legal proceedings is plainly set forth in this verse. Macbeth exclaims: "This even-handed justice commends the ingredients of our poison'd chalice to our own lips." (Macbeth, Act I, Scene VII.) The lofty idea here expressed is that involved in the appeal to the ideal feeling, which defends the law, because it is the law and not on account of any personal interest. This is the ideal height of the struggle for law, when the motive of personal interest is subordinated for that of the moral preservation of the state, by co-operation for the realization of the idea of law. Von Ihering's Struggle for Law, p. 73. The Chief Justice explains to Henry V, why the laws must be impartially enforced, in 2' Henry IV, as follows: "Ch. Jus. .. Be you contented, wearing now the garland, (Act V, Scene II.) After the Justice's explanation of the necessity of enforcing the law against all alike, Henry V, said to him, in 2' Henry IV: "King. You did commit me; For which, I do commit into your hand, the unstained sword that you have used to bear; with this remembrance,-that you use the same with the like bold, just and impartial spirit, as you have done 'gainst me." (Act V, Scene II.) In referring to his previous contempt of court, the Chief Justice tells the former Prince of Wales, in 2' Henry IV: "Ch. Jus. Your highness pleased to forget my place; The majesty and power of law and justice, The image of the king, whom I presented, And struck me in my very seat of judgment." (Act V, Scene II.) "Shy. I'll have my bond; I will not hear thee speak: I'll have no speaking; I will have my bond.”1 This repeated declaration of intention, on Shylock's part, to have nothing but his "bond," heightens the interest in the final trial scene, since it is but natural anxiety, to wait and see if the judgment in the trial scene will enforce or reject this inhuman demand, guaranteed by the solemn written contract. The repetition also emphasizes the nature of the right guaranteed him, by his written contract, in the shape of a solemn bond. A "bond" is an obligation in writing and under seal.2 Formerly, on the forfeiture of a bond, the whole penalty was recoverable at law, but in courts of equity—where forfeitures were relieved against-on breach of an obligation for payment of money only, the court would compel an acceptance of the original sum, with interest and deny the penalty, and, finally, on this practice becoming general in courts of law, as well, a statute was enacted, in England, providing that a tender of principal and interest with accrued costs, would operate as a full satisfaction of a bond. Buckingham tells Gloster, in 2' Henry VI: "Buck. Thy cruelty in execution upon offenders, hath exceeded law, and left thee to the mercy of the law." (Act I, Scene III.) Speaking of the death of the good Gloster, Cardinal Beaufort said, in 2' Henry VI: "Car... But we want a color for his death, 'Tis meet he be condemned by course of law." (Act III, Scene I.) 1 Merchant of Venice, Act III, Scene III. Bouvier's Law Dictionary. 4 & 5 Anne, c. 16. 2 Bl. Comm. 340. Mr. Davis, in his commentaries on the "Law in Shakespeare" "Shy. Repair thy wit, good youth, or it will fall To cureless ruin.-I stand here for law."1 In keeping with the whole course of Shylock's conduct, before and during the trial of the issue of the legality of observes that the Poet might very properly have invoked the chancery process of injunction to relieve against the enforcement of this penalty of the bond, as this procedure was then recognized by the English Court of Chancery, but of course if this were true-which the history of the Chancery Court establishes an English Court would have had no jurisdiction of an action in a Venetian State, so this observation would not have furnished the Poet with a much better remedy than the subterfuge he adopted to let Antonio escape from the obligation of his bond. Shylock's plea for his bond, is further set out in this play, as follows: "Shy. If every ducat in six thousand ducats, were in six parts, and every part a ducat, I would not draw them; I would have my bond." (Merchant of Venice, Act IV, Scene I.) And again, he said: "Proceed to judgment: by my soul, I swear, There is no power in the tongue of man, to alter me: I stay here on my bond." (Act IV, Scene I.) Dromio said to his master, in Comedy of Errors: "Dro. Master, I am here entered in bond for you." (Act IV, Scene IV.) Angelo, tells the Merchant, in Comedy of Errors: "Ang. Pleaseth you walk with me down to his house, I will discharge my bond and thank you, too." (Act IV, Scene I.) In King Richard II, the following occurs between the Duke of York and the Duchess: 'Tis nothing but some bond that he has enter'd into For gay apparel, 'gainst the triumph day. York. Bound to himself? What doth he with a bond (Act V, Scene II.) (Act The Senator tells Caphis, in Timon of Athens: "Sen. Take the bonds along with you and have the dates in compt." II, Scene I.) And on presentation of the bonds, Timon said: "Tim. How goes the world that I am thus encountered with clamorous demands of date broke bonds." (Act II, Scene II.) 1 Merchant of Venice, Act IV, Scene I. his bond, this declaration of his intention to "stand for law," shows the basic faith in the majesty of law, which ought to have had a better reward, according to the standard erected by the judge who first recognized his claim, then set at naught this recognized legal right. Placing his faith in the law alone, he withstood the taunts of those who scorned him, without swerving from his purpose to enforce his rights, through the medium of the law alone. While seeking an unrighteous purpose, he was willing to conform his actions and his will to the law, relying upon the constant and perpetual will, on the part of those administering the law, to render unto every man his due.1 In other words, he stood "for law," and regardless of his illusion, as to the justness of his cause, his attitude can but commend his action, to those who appreciate the majesty of the law. "Shy. Till thou can'st rail the seal from off my bond, Thou but offend'st thy lungs to speak so loud."2 In these lines Shylock expressed the preference that his debt held, under the English law, because of the seal attached, over debts not so evidenced. A bond or other This is really justice, nothing more nor less. Justinian, Inst. b. 1, tit. 1; Coke, 2' Inst. 56; Touillier, Droit, Civ. Fr. tit. prel. n. 5. Falstaff makes the following reference to the law, in a colloquy with Prince Henry: "Fal. . . . pr'ythee, sweet wag, shall there be gallows standing in England when thou art king? and resolution, thus fobbed as it is, with the rusty curb of old father antic the law?" (1' Henry IV, Act I, Scene II.) In refusing the plea of Alcibiades for his client, in Timon of Athens, the Senator tells him: "1 Sen. We are for law, he dies; urge it no more, on height of our displeasure: Friend or brother, he forfeits his own blood, that spills another." (Act III, Scene V.) Timon of Athens, tell the thieves who come to him, in the forest: "Tim. The laws, your curb and whip, in their rough power, Have uncheck'd theft." (Act IV, Scene III.) * Merchant of Venice, Act IV, Scene I. |