A third legal objection has been re marked by some commentators, in the pun ishment of Shylock. It is argued that after the Jew had been baffled by the quibble about the blood-spilling, he should have been allowed to go, as he desired; that he was already sufficiently punished by losing the sum he had loaned on the bond. But the court did not so consider it: — •• PORTIA. Tarry, Jew, The law hath yet another hold on you. It is enacted in the laws of Venice, If it be proved against an alien That by direct or indirect attempts He seek the life of any citizen, The party 'gainst the which he doth contrive Shall seize one half his goods, the other half Comes to the privy coffers of the State And the offender's life lies in the mercy Of the Duke," etc.
This latter feature of the case seems to be Shakespeare's own, no hint of it being found in any of the various forms of the story from which he took his plot. Whether he has shown himself the more or the less a lawyer by adding it, is an open question. Mr. Rolfe believes that Shakespeare made this addition solely because he was not wil ling to rest his case upon the quibble of the story, as a writer unfamiliar with legal mat ters would naturally have done. He re tained the quibble for stage effect, but added the law to satisfy his conscience or his sense of justice. It is thought by some that this addition
involves too absolute a turning of the tables to be consistent with sound law. Had Shylock really sought the life of Antonio? Had he not rather submitted his case in proper form to the authorized tribunal, and asked for judgment according to the stat utes, with intention to abide by the court's decision? Truly, from a narrow view, that is, from a purely legal standpoint, Shylock seems to have been a very much abused man. But viewing the matter in the broad, weighing it in the balance of reason, the conclusion must surely be that the inexora ble old villain got no more than his deserts. That will be the general opinion, I think, and any judicial decision that tallies with our great human idea of justice cannot be such very bad law after all. Just a word in conclusion on the trial scene as a whole. Professor Kohler de clares that it is " a typical representation of the development of Law in all ages Shylock's non-suit and subsequent punish ment are needed to crown the victory gained by the new conception of law and right The victory over Shylock re veals the higher potency of human law, just as the victory over the Devil in ' Faust ' reveals the higher potency of the divine law; the Devil remains black even when he steps before the court with his paper and blood, and Shylock remains a foe to Law even when he boasts of his parchment and seal."
