But Portia begins her extraordinary (according to common law
at least) judgment by deciding for the Jew in that, not
having paid the principal sum, Antonio must suffer in the
foreclosure of the mortgage, as it were, upon his person.
This is against the letter of any known law, which gives an
equity of redemption to the debtor in all such cases. Her
next decision is, that the Jew has his election between the
principal sum and the penalty, and that, with his election,
not the law itself can interfere. This, again, is not law;
for the law abhors a penalty, and even in a foreclosure will
not allow the debtor to be mulcted in more than the face of
his debt, interest, and costs. But now, having decided,
against all law, for the Jew, Portia begins deciding for the
Christian, and the first point she makes is that, when
Shylock takes his pound, he must not take a hair's weight
more or less, nor yet one ounce of blood. This, again, is
clearly not law, since it is an eternal principle of
jurisprudence that, when the law grants any thing it also
grants everything that is necessary to the conversion of
that thing to possession (as, when it grants a farm, it
likewise tacitly grants a right of way to that farm). So, if
Shylock had had any title to his pound of flesh, he would
certainly have had a title to draw as much blood as it was
absolutely necessary to draw in cutting out that pound, and
such portions of flesh over and above a pound as it would be
absolutely necessary to cut out, providing the cutting out
was done by a skillful operator and not a bungler. Astounded
at this turn of the tide, Shylock deliberates, and finally
cries, "Well, give me my principal and let me go!" Portia
thereupon renders her fourth decision, which is the most
astounding of all--namely, that, having once refused a
tender of the money in open court, the Jew is not entitled
to change his mind and take it! Since the days of Moses--
certainly since the days of Littleton--a tender has never
quite destroyed a debt, but only the interest and costs
accruing upon it, after the tender! Such a glaring and high-
handed sacrifice of common law and common sense to stage
effect might have been conceived of by a manager anxious for
the plaudits and pence of a crowded house, scarcely by a
future lord chancellor of England.
Public-domain text, read in full here on John Shaqi.
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