the Christian would naturally follow, is no doubt intended, in the reference, by Shylock, to the loaning of money as a "Christian courtesy," but the Jew could claim the benefit of the dispensation of the Mosaic law, as it permitted such transactions with strangers.1 'Ante idem. Plow. 85; Fleta, lib. 2, c. 27. The Romans and Athenians attempted at divers times, the regulation of usury, without giving satisfaction to the people (IV Gibbon, Rome 368); the policy of maintaining some restrictions upon money lenders is still prevalent, but usury is not now regarded with the same feeling that all who practice it are iniquitous, as they were formerly regarded. Webb, Usury, p. 13. Speaking of the prejudice against usurers, in both ancient and modern times, Lord Bacon, in his Essay (Civil and Moral, No. 41) said: "Many have made witty invectives against usury. They say it is the pity the Devil should have God's part, which is the tithe; that the usurer is the greatest Sabbath breaker, because his plow goeth every Sunday; . . that the usurers breaketh the first law, that was made for mankind, after the fall, which was, in sudore vultus tui comedes panem tuum; that it is against nature for money to beget money and the like... Few have spoken of usury usefully." But comparing money lenders with others whose cupidity for getting rich, is not materially different, Judge Lumkin, for the Georgia Supreme Court said: "They may be as inexorable as Shylock and the more selfish and callous, from the fact that they earn their living by dealing indirectly in money, the love of which is the root of all evil. But observation has convinced me that all who will be rich, whether usurers or land-jobbers, or speculators of any other class, . . fall, not only into divers temptations and snares, but soon become almost, if not altogether, regardless of the means by which they seek to attain their end." Gloster tells the Bishop of Winchester, in 1' Henry VI: "Glo. Thou art a most pernicious usurer." (Act III. Scene I.) And the fool said: "Fool. I think. no usurer but has a fool Sec. 84. Plea of forfeiture. "Sale. Never did I know a creature, So keen and greedy to confound a man: Forfeitures have always been regarded with odium by the courts. This fact was evidently known and appreciated by the Poet, for in this verse, he presents the most hideous plea for a forfeiture that could well be conceived, of a hated Jew, urging a forfeiture against a gentle and lovable person, in such manner as to encompass his life. to his servant: My mistress is one and I am her fool." (Act II, Scene II.) Alcibiades tells the Senate, on refusal of his plea for the life of his soldier client, in Timon of Athens: "Alcib. Banish me? Banish your dotage; banish usury, that makes the Senate ugly." (Act III, Scene V.) Timon of Athens, in the forest tells Alcibiades: "Tim. Pity not honour'd age, for his white beard, He's an usurer." Scene III.) (Act IV, A citizen, in Coriolanus, said: "1 Cit... Suffer us to famish, and their store-houses crammed with grain; make edicts for usury, to support usurers." (Act I, Scene I.) In the sixth Sonnet, in urging the natural use of beauty, the Poet thus refers to usury: "That use is not forbidden usury, Which happies those that pay the willing loan." The incarceration of Southampton, is compared to the exaction of usury for the debt due by the Poet, in the CXXXIV" Sonnet: "The statute of thy beauty thou wilt take, Thou usurer, that put'st forth all to use. And sue a friend came debtor for my sake." (9, 11.) 1 Merchant of Venice, Act III, Scene II. 24 Kent's Comm. 81, 82, 424. 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, 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. Will much impeach the justice of the state." 'Bouvier's Law Dictionary. 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, To have a son set your decrees at nought; To pluck down justice from your awful bench; To trip the course of law, and blunt the sword, That guards the peace and safety of our person." (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." Scene II.) (Act V, 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. 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.) '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" |