his own. Isabella, here, sought her own and in so seeking sought but simple justice. Her plea therefor is certainly a touching appeal, calculated to move the hardest heart in favor of the virtue craved. Sec. 31. The equality of justice. "Duke. The very mercy of the law cries out, Haste still pays haste, and leisure answers leisure; Which, though thou would'st deny, denies thee van- As distributive justice contemplates the distribution of rewards and punishments to each person, according to his In Merchant of Venice (Act II, Scene I) the Jew is ridiculed, for seeking justice, as follows: "Salan. I never heard a passion so confused, So strange, outrageous and so variable, A sealed bag, two sealed bags of ducats, Of double ducats, stol'n from me by my daughter: And jewels; two stones, two rich and precious stones, Antipholus prays for justice from the Duke, in Comedy of Errors, as follows: "Ant. Justice, most gracious Duke, oh, grant me justice: Even for the service that long since I did thee, When I bestrid thee in the wars, and took (Act V, Scene I.) Lady Capulet begs for justice, in asking for Romeo's death, in Romeo and Juliet, for the killing of Tybalt, as follows: "La. Cap. I beg for justice, which thou, prince, must give: Romeo slew Tybalt, Romeo must not live." (Act III, Scene. 1 Measure for Measure, Act V, Scene I. own deserts, so that persons similarly situated shall have substantially the same rewards or punishment, for the violated right, or the wrong inflicted,' it is apparent that this was understood by the Poet, and in denying Angelo any "vantage" from his position, for the offense he had committed, the Duke but meted out equal and exact justice to him, accordingly as he had dealt with Claudio. Sec. 32. The law a gazing-stock, when not enforced."Duke. My business in this state made me a looker-on, here in Vienna, Where I have seen corruption boil and bubble, But faults so countenanced, that the strong statutes As much in mock as mark.2 The thought here expressed is that the law becomes a mere gazing-stock, when not enforced. "Countenanced," is clearly used in the sense of approved, favored or encouraged; looked upon with favor or condoned. In other words, violations of the law had been so condoned that the law, itself, had become a mere mockery. It is a familiar form of legal or judicial expression, as to laws which have become a dead letter, by lack of enforcement.3 And again, in Love's Labour's Lost, the King remarked: "And justice always whirls in equal measure." (Act IV, Scene III.) In Winter's Tale, before the trial of the queen, Hermione, Leontes said: "Let us be cleared of being tyrannous, since we so openly proceed in justice; which shall have due course, even to the guilt, or the purgation." (Act III, Scene II.) Warwick, in 3' Henry VI, is made to say: Measure for measure, must be answered." 1 Toullier, Droit, Civ. Fr. tit. prel. n. 5. 2 Measure for Measure, Act V, Scene I. "War. (Act II, Scene VI.) In a recent decision, by the Supreme Court of the State of Missouri, the Court said: "It ought not be expected that we would so hold as to encourage such a notion make a gazing-stock of the law." 200 Mo., p. 400. and thereby Sec. 33. Confession of guilt. "Ang. O, my dread lord, I should be guiltier than my own guiltiness, When I perceive your grace, like power divine, As a voluntary confession of his guilt, this would be evidence2 against Angelo, by which his conviction would follow, in a trial. But as the confession is but an extrajudicial confession, as distinguished from a judicial confession, the Poet does not present it as more than evidence of his guilt, which might be offered, on a trial, but the plea is for an end of the session, at the trial, by a judicial confession, which would then necessarily put an end to the proceeding-when made without fear or hope of reward through the waiver of a trial; a plea of guilt and a subsequent immediate sentence. And that other unnatural edicts would prove a similar gazingstock, because of their non-enforcement, the Poet makes another player say, in Love's Labour's Lost: "Biron. I'll lay my head to any good man's hat, These oaths and laws will prove an idle scorn." (Act I, Scene I.) Clifford said, in 3' Henry VI: “Cliff. . . For what doth cherish weeds, but gentle air, And what makes robbers bold, but too much lenity?" (Act II, Scene VI.) 1 Measure for Measure, Act V, Scene I. 21 Mood. Cr. Cas. 27, 452. 31 Lew. Cr. Cas. 46; 4 Carr. & P. 567; 2 Russell, Crimes (3d ed.), 876-878. 'If a confession is exacted by inducement, threats, promise or hope of reward, in general, it is not admissible against a prisoner. 1 Mood. Cr. Cas. 465; 4 Carr. & P. 570. Sec. 34. Loyalty of attorney. "Duke. Come hither, Isabel: Your friar is now your prince: As I was then Not changing heart with habit, I am still The ethical side of an attorney's duty toward his client is here touched on, for to be "holy" to the client's "business"; "not changing heart with habit," but to be loyal to the person engaged, is but the primal duty of one "at-" torney'd" in another's service. The business of attorneys is to carry on the practical and formal parts of suits. The principal duties of attorneys are, to be true to the court and their clients; to manage the business of their clients with care, skill and integrity; to keep their clients informed as to the state of their business and to keep the secrets confided to them, as such. That the Poet recognized these several duties as among the attorney's promised service, is apparent from this verse. Confession is referred to in Love's Labour's Lost, as follows: "King. Teach us, sweet madam, for our rude transgression Some fair excuse. Prin. The fairest is confession. Were you not here, even now, disguised?" (Act V, Scene II.) In Macbeth, Malcolm is made to say: "My liege, they are not yet come back. But I have spoke with one that saw him die; who did report that very frankly he confess'd his treasons." (Macbeth, Act I, Scene I.) After discovery of his treason, the earl of Cambridge, said to Henry V: "Cam. I do confess my fault; and do submit me to your highness mercy." (Act II, Scene II.) Cardinal Beaufort, exclaims, concerning the murder of Gloster, in 2' Henry VI: "Car.. O, torture me no more, I will confess." (Act III, Scene III.) 'Measure for Measure, Act V, Scene I. 21 Kent's Comm. 307. 4 Burr. 2061; 1 Barnew. & Ald. 202. Sec. 35. Intent, distinguished from wrongful act.- In that he did the thing for which he died: His act did not o'ertake his bad intent, And must be buried but as an intent That perished by the way: thoughts are no subjects, Here, the intent to commit an offense is clearly distinguished from the crime, or actual accomplishment of the act. Claudio "did the thing for which he died;" but with Angelo, "His act did not o'ertake his bad intent, and must be buried but as an intent, that perished by the way." In defining "intents" as "merely thoughts,' the legal definition of a criminal intent it not far digressed from, as criminal intent is said to be "a design, resolve, or determination of the mind." But, of course, from a strictly legal standpoint, the conclusion of the pleader is wrong, that because Angelo did not accomplish the crime intended, he was guilty of no offense, for as a matter of fact, when a man intending one wrong fails, and accidently commits another, he will, except when the particular intent is a substantive part of the crime, be held to have intended the act he did commit. Nor is it any reply to this suggestion that Angelo was guilty of no offense, in thus meeting his own wife, for as he had refused to so recognize her, his act was equally as guilty as Claudio's, for the latter did recognize Juliet as his common law wife. 1 Measure for Measure, Act V, Scene I. 2 Bouvier, Law Dict. Roscoe, Crim. Evid. 272; Eden, Pen. Law (3d ed.), 229; 1 Carr. & K. 746. In Henry V, Williams explains to the king: "Will. All offenses, my liege, come from the heart: never came any from mine, that might offend your majesty." (Act IV, Scene VIII.) Speaking of the intent of Gloster, although not accomplished, Suffolk said, in 2' Henry VI: |