57.
“The court is in session.”
Magistrate Javier took his seat and faced those gathered there. On the right
was Montague’s clan: their lord and lady and a complement of guards alongside
their released daughter. Abram Tov was there with them, staring over towards
the Capulets.
On the left side were the
Capulets: the Lord himself with his lady, but their stepson, Lorenzo, was not
there, and the complement of guards included one named Reynard. There was one
seated there named Antonio. Seated in between them were the others: Prince
Escalus and Count Paris, with some guards; the friar named Lawrence; and
members of the elite community, namely the traders and bankers.
“Bring in the… defendants.”
Magistrate Javier called out to the guards. He then looked at the party who was
making the accusation: Shylock Judas. The money lender was with his lady, Leah
Judas. They have their supporters, with the Jewish leaders seated at the rear
of the elite community.
Galuco Bassanio was brought
in, carried on the chair. He looked haggard and was seen with the bandages on
his limbs.
“Before anyone stakes a
protest, Galuco Bassanio was injured when he was held captive prior to our
rescues at the warehouse. At no time was he denied any medical care since
then.” Magistrate Javier made the statement then. “However, in today’s session,
we are referring to his defense on the debt owed to one named Shylock Judas.
The matter will be contested on that today.”
“If I may present my claims,
Magistrate.” Shylock stepped up to the magistrate.
“Are you proceeding without
counsel to advise?” Magistrate Javier looked at the moneylender.
“Yes, Magistrate. It is a
clear case of default, and I demand my compensation.” Shylock spoke up.
“You may then proceed.”
Magistrate Javier said. “Make it short and precise. I have other matters to
attend.”
“So be it. Galuco Bassanio
approached me some time back for a loan. In which he offered me his
compensation in the form of a pound of his flesh.” Shylock Judas looked at the
other. “I am not here to demand my pound of flesh if he were to return my
loan.”
Shylock presented his case
as compassionate just to get back his ducats.
“However, as I was informed,
the goods of his… confiscated by the Magistrate….” Shylock looked at the
magistrate then. “It was … below the reported value.”
"We will let judicial
calculators give their assessment." Magistrate Javier had the valuation
prepared, and the officer for that was called to testify.
“Please give us the fair
report on the valuation.” Magistrate Javier addressed the officer. The report
was given, and the assessment of the value was noted.
“It is below the value of my
loan to Bassanio.” Shylock interjected. “He may have……”
“Have you checked his
documents before you handed over the loan?” The magistrate asked.
“I did …… not. I was
assuming the value was there, given the recommendation of his friend, Antonio
Meli. I am …….”
“You did not.” The
magistrate cut in. “And for that, you still proceeded with the loan. Upon what
security to breach the amount?”
“The loan was secured by the
surety on the pound of flesh… if there was a default.” Shylock called out. It
drew murmurs from those gathered there.
“A pound of flesh? What do
you take that for? A butcher’s slice of the meat?” Magistrate Javier asked.
“It was……. A deterrent to
the lender should he default. He offered it in lieu of the default.” Shylock
argued. “We are in the risky trade of lending, and without surety, we are at a
loss. We can … can call on the Court for redemption ….”
“Or deploy the
mercenaries…plenty around to do the collection.” Magistrate Javier stared at
the moneylender. “I have……”
“We are in the trade to
survive.” Shylock defended his action. That drew applause from his associates
among the gathered. “We have limited options on these matters. We are short of
enforcement even from your officers.”
“Do not mock my officers,
Jew.” Magistrate Javier stared at the other, but his remark drew murmurs from
the gathered, especially among the faith followers.
“I will then refer to my
submission. The apparent value of the shipment was overrated by the borrower;
hence, I may face a loss in compensation. Therefore, I demand full value or the
inclusion of the clause of the pound of flesh.” Shylock made his call and was
applauded by the community he brought there. “We, the trade masters in the
loans, have been repeatedly denied our true compensation more times than we can
count, or should we, for that is an infringement of the agreed terms.
Therefore, we…”
“I heard … adequate to the
claim, J… Shylock Judas.” Magistrate Javier selected his words then. “I will
ask the defendant to raise his argument.”
“Bassanio, you may proceed.”
Bassanio, seated there, looked to the magistrate with his stare.
“I ……” Bassanio struggled to
piece his words together while suffering from his pains. “I ……. I deny the
claim that my wares were not to cover the loan and over the value. I stand by
my documents that stated the value there. I called on the ……. giovani dei
calcolatori to explain this.”
The officer of the
"giovani dei calcolatori" took to the stand at the court and looked
to the magistrate.
“I am Endonetti Duce, an
officer of the "giovani dei calcolatori." I was the officer who
valued the wares and had them placed at the warehouse.”
“Were the wares properly
valued according to the documents?” Bassanio asked.
“Yes.” The officer replied.
“There was no mistake.”
Bassanio sighed. The earlier
exchange of gifts to the officer when they were disembarking the wares to the
warehouse. It was a well-earned exchange, not that it was unusual for the trade
of terms in the port.
“Shameless!” Shylock
shouted. “You are in cahoots with the trader. This is a known fact.”
That outburst drew applause
from the gathered, but some were offended, and accusations were made across the
gallery. Magistrate Javier had to call for order in the gallery.
“Anyone who makes any noise
will be evicted.” Magistrate Javier then looked to the money lender. “You will
hold your baseless accusations or face the wrath of this court.”
It was then the new arrival
drew gasps from the gallery. It was the Chief Magistrate, seldom seen at the
courts due to these busy schedules of meeting the notables and elites. He was
called on by Prince Escalus to oversee the case; an unusual request, but the
firm handshake was the assurance then.
“My Lord, Chief Magistrate.”
Magistrate Javier stood up from his seat and bowed to the higher authority.
“Do not mind me, Magistrate.
I am here to listen in. No interference whatsoever.” The Chief Magistrate took
his seat next to the gallery and then glanced at the gathered. He also looked
at the defendant seated there with the bandages.
“Are there no legal
representatives?” Chief Magistrate asked.
“There are none. The two
parties wanted to hold their own representations.” Magistrate Javier, having
taken his seat, replied to the Chief Magistrate. “May we ……”
“Have you explained to them
their rights? If they do not have any ‘juri,’ they may be … shall I say
misquote the terms of law?”
In 15th-century Genoa,
individuals involved in legal proceedings would have worked with legal
professionals such as notaries, who drafted documents and handled
legal matters, and lawyers known as "juri" or similar
titles, who provided legal opinions, often in writing
as "consilia."
“I am sure they are well
advised.” Magistrate Javier replied with scorn on his expression. He was
cautioned in his domain on the rules of conduct.
“Well, did you ask them?”
Chief Magistrate asked.
“Yes, my lord.” Magistrate
Javier then looked at Shylock and then at Bassanio.
“Do both of you decline any
……. Assigned legal representatives to plead your case?”
Shylock nodded with
confidence. Bassanio flinched on the seat and was about to reply when a voice
came from the entrance to the court.
“Please hold. The legal
representative of the defendant is here.”
It was Portia Belmont
accompanied by her friend Nerissa and a male guest.
“I am Portia Belmont and
will represent my fiancé in his defense.” Portia had worn a dark suit like a
male and had her hair shaped into a bun behind her head.
“Blasphemy!” Shylock roared
out. “How could……”
“Judas Shylock, please
refrain from using that term. It is an insult to us.” Friar Lawrence stood up
to shout at the other. “I defend my God and his believers.”
That action drew on
arguments among the gathered until the magistrate called to order the matter.
“Any more noises, and all of
you will leave my court.” Magistrate Javier made the order and then looked at
the lady who was there to represent the defendant.
“Ms. Portia Belmont, may I
know your legal standing with the defendant?”
“Magistrate Javier, you knew
of this. You even invaded my home and confiscated my fiancé’s wares.”
“I …… How may I be accused
of such acts? I was at your home, and you were in possession of ……”
“Stolen? Or misrepresented
by ownership? I held the proper documents… original documents for the wares,
which I duly took possession of to safe guarding my home.” Portia Belmont
looked at the magistrate. “How else could I get the documents unless I am… his
to give, rightfully as his fiancé and later wedded wife?”
“I ……” Magistrate Javier was
at a loss for words.
“Which you had also held me
in custody on the accusation that I was involved … … Your words, Magistrate
Javier mentioned in the presence of witnesses then … Was it not a statement
that I was… am with the defendant in some personal capacity? Or a fling of lust
then?”
“I ……” Magistrate Javier was
again at a loss for words.
“An insult to a lady who had
just lost her guardian…. God bless my father …. Wherever he may be now. And if
he was there then, he would have called for a personal duel with you for my
reputation.” Portia Belmot’s remark drew on applause.
Personal duels were
generally not outlawed in 15th-century Genoa; they were a widespread practice,
though increasingly subject to legal restrictions and moral condemnation,
especially after the 16th century. The tradition of the duel as a personal
fight for honor or to settle an affront.
“Yes, I am the fiancé of
Bassanio, and due to the solemn period of grief, I am to delay my matrimony
exchange to a later date.” Portia then looked at the other. “Bassanio, my dear.
What did they do to you?”
The lady approached the
bandaged man. That approach drew empathy from the gathered. She then looked at
the magistrate.
“Are you… deprived of
humanity to inflict injuries such as that on another?”
“Lady Belmont, I can assure
you those injuries were not ours. If it was, the defendant could file a report
on it.”
“We shall……. But not today.
I am here to defend Andre Bassanio Tito on this case by Shylock Judas.”
“How so, Lady Belmont?”
Magistrate Javier looked at the lady. “You are not a ‘jury.’”
“I am an affected party
here. Women have acted as formal ‘juries,’ although the legal and societal
structures here at the time limited women's professional roles. One day, we
shall take our post within that circle. However, in my personal capacity, I have
prepared many legal documents or advised on them for my father, Lord Belmont,
in his works.” Portia Belmont looked to the gathered traders. “Most of them
could attest to that.”
It drew nods and murmurs
from the gallery.
“Lena Spinola in 1360 …….
Perhaps you may not be aware, as you are not from Genoa then. acted as legal
agents through a procuration…… An exceptional case where her husband, a
prominent Genoese family member, appointed her to manage a transaction on his
behalf.”
“She did it although she
required a male relative (consigliere) to oversee her actions. I have mine
here, my cousin, Enrico Moet. He is a member of the “jury circle.” Portia
Belmont looked at the magistrate. “I stand by the precedent drawn from Lena
Spinola.”
“Perhaps you may think we
are in Florence, where the orientation of law was focused on protecting
property within male lineages and limiting female autonomy, rather than
expanding women's public and legal roles. Geno is more …… liberal.” Portia
Belmont drew applause from the gallery.
“I need to consult the……”
Magistrate Javier looked to his desk for notes.
“I stand by Ms. Belmont’s
request. I am from Genoa, and her representation is valid. She may proceed.”
The Chief Magistrate said.
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