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He thought, 'twas witchcraft:-But I am much to
blame;

I humbly do beseech you of your pardon,
For too much loving you.

Cth. I am bound to thee forever."

In thus destroying, for all time, his faith in his wife, Iago here commits the greatest crime that he could against Othello, for as his love for Desdemona exceeded all else on earth, the act of Iago in breaking his faith in her, destroyed his happiness forever. Breach of faith is always the real basis of crime and as the effect of such loss of faith is the more far reaching, nothing could have been more cruel toward Othello than this awakening of his jealousy for his wife, for this was the ruling passion of his life. When the power or possibility of confidence in humanity is killed, society itself is impossible, and as Othello's whole life was bound up in Desdemona, when his confidence in her was gone, his life was wrecked. This was the deliberate aim of Iago and hence shows the greater criminal instinct which he possessed. As observed by Goll, "if humanity itself had occupied the place of Othello, then Iago would be the greatest criminal in the world," for while Brutus killed because of the exalted motive which placed the welfare of his fellows above his own, Iago worked to accomplish the destruction of all about him, from the mere lust of cruelty and envy. And thus the motives of the "creatures of crime," as presented by the immortal genius of Shakespeare, can be best understood with the help of the scientist in criminology.

Sec. 485. Proof of guilt beyond reasonable doubt.— "Oth. Villain, be sure thou prove my love a whore; Be sure of it, give me the ocular proof;

1 Othello, the Moor of Venice, Act III, Scene III. 2 Goll's Criminal Types in Shakespeare, 257, 258.

Make me to see it; or (at the least) so prove it,
That the probation bear no hinge, nor loop,
To hang a doubt on: or, wo upon thy life."

2

Othello, in these lines, demands proof of the guilt of Desdemona "beyond a reasonable doubt." This is the degree of proof that the law always accords one accused of crime and in demanding proof of her guilt to this extent, the Poet made him merely stand for her legal rights. A presumption of innocence surrounds all those accused of crime, however hardened the criminal may be, and when this rule of evidence would be extended to those accused of the vilest crimes, Othello did not ask too much for the poor innocent wife of his bosom, in invoking this common rule of evidence. In every trial of one accused of crime, the court instructs the jury that if they have "a reasonable doubt" of the guilt of the accused, they should acquit, or, in other words, the prosecution must "so prove it,

That the probation bear no hinge, nor loop,
To hang a doubt on,"

or the proof of the crime is not legally established.

Sec. 486. False indictment on suborned testimony.— "Des. Beshrew me much, Emilia,

I was, (unhandsome warrior as I am,)

Arraigning his unkindness with my soul,
But now, I find, I had suborn'd the witness,
And he's indicted falsely."4

Shakespeare here makes Desdemona speak in the language of the law, with the precision of an experienced barrister. As it is always a preliminary to a trial for crime, to arraign the accused, she was "arraigning his

1 Othello, the Moor of Venice, Act III, Scene III.

2 Sherwood's Criminal Law; Bishop's Criminal Law. "Greenleaf on Evidence.

'Othello, the Moor of Venice, Act III, Scene IV.

unkindness," with her soul giving evidence against him. An indictment is the written accusation of crime against a person, and upon which he is tried by a jury.1 The indictment is generally returned by a grand-jury, upon the sworn evidence of one or more witnesses. Of course, if the witness was "suborned," or procured to swear falsely, the indictment would be a false charge. So, after reasoning over Othello's unkindness, charged as he was by her soul, Desdemona's supreme love acquitted him, even to the discredit of her own soul, whose evidence she discarded because of her belief in him. It is a beautiful presentation of her love and trust, and the contrast is the more noticeable, because of Othello's lack of confidence in her.

1 Bishop's Criminal Procedure; 4 Bl. Comm. 302.

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Sec. 487. Judge cannot right his own cause.—

impatience chokes her pleading tongue,
And swelling passion doth provoke a pause;
Red cheeks and fiery eyes blaze forth her wrong;
Being judge in love, she cannot right her cause:
And now she weeps, and now she fain would speak,
And now her sobs do her intendments break."

The Roman goddess of love is here represented in the attitude of a judge, who, because of this position, could not decide the issue between herself and Adonis in her own favor, since a judge cannot adjudicate in his own cause. It is somewhat remarkable that even in delineating the tender passion and while describing the mad passion of the "divine mother of the Roman people," the Poet should use legal phrases, or resort to judicial reference to illustrate his thoughts.

Sec. 488. Law-giver unable to enforce law.—

"Poor queen of love, in thine own law forlorn,
To love a cheek that smiles at thee in scorn.'

112

This verse does not alone present the sad picture of the goddess of love in her total inability to arouse even a spark of affection in the object of her passion, but it does

1 Venus and Adonis, 217, 222. 2 Venus and Adonis, 251, 252.

far more. In these two brief lines, Venus, the goddess of love is represented as the law-giver in this greater than human law, in the pitiable condition of being unable to embrace the law she gives the world. While giving love to the world it would indeed be forlorn for the queen of love to bestow her affection upon one who smiled at her in scorn.

Sec. 489. Client wrecked, when attorney mute.

"An oven that is stopp'd, or river stay'd,
Burneth more hotly, swelleth with more rage:
So of concealed sorrow may be said;
Free vent of words of love's fire doth assuage;
But when the heart's attorney once is mute,
The client breaks, as desperate in his suit."i

The heart is here placed in the attitude of a client of the tongue, whose cause must be represented by the latter, as such attorney. Of course if the attorney, whose business is to speak in the interest of his client's cause, remained mute, when he should have spoken, the rights of the client would suffer correspondingly and the suit would be in a desperate strait.

Sec. 490. Conveyance by seal-manual.—

'Pure lips, sweet seals in my soft lips imprinted,
What bargains may I make, still to be sealing?
To sell myself I can be well contented,

So thou wilt buy, and pay, and use good dealing;
Which purchase, if thou make, for fear of slips,
Set thy seal-manual on my wax-red lips."

In the time of the Poet the custom of sealing all bargains was given far more prominence in the law than to-day, when seals have been abolished by the statutes of many countries. Seals were then a pre-requisite to

1 Venue and Adonis, 331, 336. 2 Venus and Adonis, 511, 516.

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