Shakspere's Law—The Case of Shylock [pp. 83-87]

1886.] Shakspere's Lazct — The Case of Shyl3ock. 85
ministration of justice, and I asked for ex- tween the Jew and Antonio, the merchant;
planations. They were given in the stereo- we turned o'er many books together; he is
typed form used to explain every other furnished with my opinion, which, bettered
anomaly in that queer country, " Costumbre with his own learning, the greatness whereof
delpais." I thought it a custom more hon- I cannot enough commend, conies with him
ored in the breach than the observance, and at my importunity to fill up your Grace's redeclined to pay. I found out afterwards, quest in my stead.... I leave him to )'our
however, that this was a mistake; that under gracious acceptance, whose trial shall better
their system of administration the Judge publish his commendation." The Duke, of
merely ascertains the facts, and as to the law course, had the right so far as concerned
and its application to the case, reference is himself to accept the substitution of Balthahad to a jurisconsult, or doctor of the law; sar for Bellario; but Shylock, I take it, would
and that he, after pronouncing his decision, have had his right to challenge the substitute,
is entitled to accept from either party-in and perhaps it is to avoid this, by disarming
practice always from the successful one-a his suspicions, that all Portia's utterances in
". quiddam honorarium," or gratification, his the case, until she has secured his express
service to the court being gratuitous, just as consent to her acting, are favorable to him.
that of an amicus curie is with us. Thus,
With this experience, I read the case of "Of a strange nature is the suit you follow,
Shylock over again, and understood it better. Yet in such rule that the Venetian law
It was plain the sort of procedure Shakspere Cannot impugn you as you do proceed";
had in view, and attributed to the Venetian and again, after her splendid plea for mercy:
court, was exactly that of my recent experi- "I have spoken thus much,
ence. The trial scene in the "Merchant of To mitigate the justice of thy plea,
Venice" opens on the day appointed for Which, if thou follow, this strict Coujrt of Venice
hearing judgment; the facts had been ascer- Must needs give sentence'gainst the merchant here."
tained at a previous session, and Bellario Shylock would have been mad to object
had been selected as the jurist to determine to a judge whose intimations were so clearthe law applicable to them. The case had ly in his favor. He first pronounces her
been submitted to him in writing, and the "A Daniel come to judgment! yea, a DanCourt was awaiting his decision. The de- iel!" This does not, however, amount to
fendant, when the case is called, answers, an express acceptance of her as a substitute;
as is done daily in our own courts: "Ready, it is but an expression of high respect, conso please your Grace." Shylock is not pres- sistent, however, with a refusal to consent
ent. In a common law court, his absence to the proposed substitution. She carries
would have resulted in a nonsuit,1 but not so the deception still further, pronounces the
comes andA it is thn P sann> ounce thtA a mes an agan plead fo mercy.