'Give me a pound of flesh cut off nearest his heart'

by Justice P.H.K. Kulatilaka

Readers at some point of time during their school going days may have read Shakespeare's Merchant of Venice. They know what the quotation is all about. That was the forfeiture clause contained in the bond which bound Antonio if he failed to repay 3,000 ducats which he borrowed from Shylock within three months. This money was borrowed by Antonio to be given to his friend Bassanio who aspired to be a suitor to the fair lady Portia a rich heiress.

All Antonio's money was invested in sea borne trade. Even though he had authorised Bassanio to pledge his credit, Shylock, the money lender, lent 3,000 ducats on a bond which stipulated 'a forfeiture for a pound of Antonio's flesh'. Most unfortunately there was news that Antonio's ships had been lost at sea.

Three months had already expired. As Antonio had not repaid 3,000 ducats within three months forfeiture was complete. Albeit, when Portia heard of the sad plight of Antonio she offered to repay the loan out of court and settle the matter.Portia told Bassanio: 'Pay him six thousand, and deface the bond.

Double six thousand, and then treble that. Before a friend of this description, Shall lose a hair through Bassanio's fault'.

Generous offer

This generous offer by Portia was no good. It was too late an offer. Shylock sued Antonio to enforce the forfeiture. He had a sound cause of action. Law was on his side. Antonio was arrested and brought before the judge [Duke] in the custody of a gaoler.

Antonio confessed the bond. His advocate [Portia playing the role] pleaded for mercy. To quote a few lines from The Merchant of Venice - 'The quality of justice is not strain'd, It droppeth as the gentle rain from heaven Upon the place beneath; it is twice blest; It blesseth him that gives and him that takes'.

I still can remember those good old days how learned counsel quoting Shakespeare in open court were striving to settle cases for their clients.

Shylock refused to accept the plea of mercy as well and insisted '...I crave the law, the penalty and forfeit of my bond'.

Before the Duke, Bassanio offered to pay and settle the case for Antonio. He said, ...here I tender it for him in the court, twice the sum; if that will not suffice, I will be bound to pay it ten times over'.

All attempts at settlement failed. Shylock the arrogant litigant refused the offer and asked for judgement insisting that the bond be forfeited and executed as stipulated in the bond.

To be continued