Explainer
Creed
Theatre
7 min read

How Shakespeare seasoned justice with mercy

As Shakespeare’s birthday approaches, Anthony Baker explores how the playwright let two ancient enemies fight it out on stage – justice and mercy.

Anthony Baker is a theology professor at Seminary of the Southwest in Austin, Texas. He is currently exploring the intersection of classical accounts of Christian holiness with current issues in ecology. 

A line illustration of a theatrical play scene showing a crowd waiting on standing and sitting judges to make a decision
A scene from Measure for Measure, The Spirit of the Plays of Shakspeare (sic), Howard (1828-33).
Public domain, via Wikimedia Commons.

In order to act with mercy toward someone, must I forgo a sense of justice? If I decide to act justly, have I decided to leave mercy behind? These are questions of philosophers and theologians. They also provide some of the thickest philosophical and theological ponderings of William Shakespeare.  

A studied contemplation of mercy and justice does not, of course, originate with the Elizabethan playwright. For as long as humans have pondered how to order their civic spaces, they have puzzled over the demands of each. Around 500 B.C.E, Rabbi Yehudah is recorded as having said that God spends three hours a day on a throne of justice before getting up and crossing over to a throne of mercy, on which he spends an equal length of each day. 200 years later, when Plato devoted his most famous dialogue to the question of justice, he gave only the slightest nod to mercy, acknowledging that the just ruler would need a reputation for generosity.  

Though many of Shakespeare's plays notice the interaction, or lack of interaction, of these two qualities (The Tempest and nearly all of the history plays, for instance), he penned two for what seems to me the explicit purpose of letting these two ancient enemies fight it out on stage. I'll focus on one of these and return briefly below to the other.  

Justice Unbound 

The first, Measure for Measure, takes its title from a line from Jesus' sermon on the mount. This is a signature move of the Bard, to take a religiously charged line, doctrine, or even person, and make theater out of them. While some have argued that this was all he was doing with religion or theology, I have suggested that he is doing more. He is mining the depths of faith language to see if he can find gems that we might be missing if we only pay attention to the identity politics of Reformation era England. "Grace is grace despite of all controversy," one character in this play says. That could be the tagline for Shakespeare's theological interventions.  

We see Shakespeare having some of his typical fun with religion in Measure for Measure. The Duke of Vienna gives away his power in order to go abroad, as he claims, for a piece of international politics. In fact, he sneaks back into the city immediately, now disguised as a friar (a member of a religious order like the Franciscans). He tells the friar who lends him the robes that he is doing this because he has made an irresponsible practice of letting the city's "strict laws and biting statues slip." He has, that is to say, been more of a merciful father than a just ruler. He doesn't want to unbind this "tied-up justice" himself, since he fears this would cause his people to question his integrity. ("But you've always been so merciful before now!") So, he contrives a plan to deputize one of the nobles, Lord Angelo, to be the hammer of justice in his stead. He also hints that there are other reasons for his disguise. I'll come back to that bit of foreshadowing.  

Angelo immediately finds an episode in need of his firm hand. A gentleman named Claudio has got his girlfriend, Julietta, pregnant. There are in fact circumstances that seem worth considering: the two are engaged and are only waiting for her to receive her dowry - arranged before they go to church.  But Angelo will not hear of clemency. He is severe, one noble remarks. This is as it should be, a wise old Lord responds. "Mercy is not mercy that oft looks so," he says, perhaps angling gently at a critique of the Duke's mode of operation.  

Justice only deals with what it can see, in other words. We pick up a jewel on the ground only when it catches the light; buried or soiled, we walk right past it or even trample it.

Merciless Secrets 

At this point in the play we have our two adversarial qualities in neat, separate containers. One container, called The Duke, is only merciful. But this container must be removed from the state so the other, called Angelo, can display its contents of merciless justice. 

But, as this is Shakespeare, things quickly begin to get messy. Angelo turns out to be hiding secrets. The old Lord, having hinted that the Duke is over-merciful, now suggests that Angelo is being a bit hard on Claudio. He cautiously suggests that, had time and place given opportunity, Angelo himself might have come to the wrong side of the law. Angelo's response says more, perhaps, than he means to:  

"What's open made to justice,/ That justice seizes."  

Justice only deals with what it can see, in other words. We pick up a jewel on the ground only when it catches the light; buried or soiled, we walk right past it or even trample it.  

This is our first hint of Shakespeare's subversion of the polarized containers. Listening to Antonio's speech, we've begun to wonder if, lacking the slightest trace of mercy, justice doesn't in fact begin to look a little unfair. 

And then we see Angelo acting on his theory. Claudio's sister comes to him to beg for her brother's life. Angelo is quickly captivated by her beauty, and soon offers her a deal. If she will meet him for sex in the garden—secretly of course, so that the crime cannot be "unjust"— he will let Claudio free.  

This offer obviously shows the rot in his theory of justice, as he is forming a contract, a just bond, around blackmail and rape. But it also ruins mercy, since his proposed pardon of Claudio is not merciful at all, but simply the meeting one end of a "just" bargain.  

The Kiss 

Our neat containers have nearly dissolved around their contents. "Mercy is not mercy that oft looks so," but justice is not justice that only looks so. Justice as merciless as Angelo's turns out to be unjust, in the same way that mercy without justice turns up bereft of mercy. This is why the Duke left, and it's why Angelo fails as his deputy.  

But the Duke has returned, and now we begin to see what his secret purposes are. He goes to visit Claudio for confession and counsel, and also goes to Claudio's sister for comfort and advice. Here is one of the delightful places where Shakespeare plays with religious stereotypes.  The "controversy" of grace that I mentioned above, is for Shakespeare's audience an all-too familiar one, over whether God saves us through our works, and so through a contractual justice, or through grace, which is to say through an act of unearned mercy. The Catholic Church was generally (though not often accurately) associated with the former, the Protestants with the latter. But here it's a Catholic friar (or at least a disguised one!) who enters as the personified mercy.  

The Duke/friar devises a plan, and it nearly goes as awry as the more famous friar's plan in Romeo and Juliet. Which is to say that our comedy nearly becomes a tragedy. I won't give away the ending, if you've forgotten or never made it through. But I'll offer a hint: the Duke, on his return, is no longer an embodiment of unjust mercy as he was before. Now he sees clearly that true mercy is just, and true justice is mercy. The two must kiss, as the Psalm puts it. His clever idea for a resolution is all about allowing mercy and justice to exchange a kiss. 

When Mercy Seasons Justice 

The more familiar play in which Shakespeare lets us watch the battle of justice and mercy is The Merchant of Venice. Here we find the story of maybe the strangest contract made since the dawn of commerce: if a merchant defaults on his loan, the moneylender will claim an entitlement to "a pound of flesh." Is this mutually agreed-upon contract unjust, or simply merciless?  

The religious fun is rampant in this play as well. The lender is a Jew and the merchant is a Christian. But the Jew's strict call for commercial exactitude gets tempered by his excessive love for his daughter, and the Christian's supposed reputation for grace is in fact an excuse to practice favoritism. Eventually we have on stage such a confusion of religious stereotypes that someone asks which character is which.  

Well, the poor merchant can't pay, as we knew already at the moment he made the foolish contract. And so, Portia, this play's mercy persona, comes—also in disguise—from the fairytale land of Belmont with a clever trick to save her beloved merchant. While her solution involves a highly questionable interpretation of the law, she manages to persuade the ruling authority.  

As Portia is making her case, she offers one of the most explicitly theological speeches in all of Shakespeare's works. Earth's rulers might think they are most godlike when they enact the law with authority, she says. But "mercy is above this sceptered sway." In fact, mercy is "an attribute of God himself." She concludes, much as the Duke concludes, that "earthly power doth then show likest God's/ When mercy seasons justice."  

In plays like these we see displayed one of his most enduring gifts to us: the ability to play with the familiar and make it strange and new.

Shakespeare, had he indeed been "for all time" as a contemporary put it, would be celebrating his own 459th birthday this week. In plays like these we see displayed one of his most enduring gifts to us: the ability to play with the familiar and make it strange and new. He gives us philosophical and religious figures and themes, and then just as we assume we know who and what they are, he surprises us by showing what sort of dish you can make if you but swirl the ingredients.  

Our best efforts at justice, whether of the personal or political sort, must be seasoned by mercy. Our acts of mercy, if not ultimately just acts, will turn out to be merciless. Would we have noticed this if no one had had let it happen on stage in front of us? 

Column
Awe and wonder
Belief
Creed
4 min read

What brings us into bulwark cathedrals?

A band’s tribe trek to a cathedral that’s defied the dark for centuries.

George is a visiting fellow at the London School of Economics and an Anglican priest.

A view from a floodlight footbridge towards a gap between office buildings which reveal a cathedral and its illuminated dome.

I went along to read some Genesis at a local Nine Lessons & Carols service, wearing the coat I’d worn the week before on my annual cathedral benefit tour with the evergreen folk-rock band Jethro Tull. 

The coat still bore the stick-on backstage pass, ‘access all areas’, that acts as some form of security for band, crew and instruments. I hadn’t had time, or the skill to be honest, to soak it off gently to avoid damaging the fabric. 

A number of congregants, both men and women – I hesitate, for contemporaneous reasons, to add “of a certain age” – noticed it. “Does Ian Anderson still stand on one leg when he plays the flute?” asked one. “I’ve still got some Tull albums from the Seventies,” added another. “Great band,” affirmed a third. 

It strikes me that more church congregants recognise Tull than Tull fans recognise the Church of England. That’s to be expected, given that this is a tribe that grew up with a prevalent post-modern atheism. I remember in the early days following a pair of increasingly hairless old hippies into one of these gigs. “Looks like a flippin’ church,” said one. “That’s because it is a flippin’ church,” replied the other (though naturally they didn’t say “flippin’”). 

These cathedral shows, of which there have been about 30 now, sell out easily and very soon after tickets go on sale in the summer. We played Bristol and Salisbury (again) last week. The larger cathedrals benefit to the tune of upwards of £25,000 for a couple of hours of Christmassy rock ‘n’ roll. They come because they like the sound of Jethro Tull and Anderson’s songwriting canon. 

But there’s something else going on. They come, these predominantly unchurched people, to take ownership of their cathedral. They may come because it’s Christmas and it’s the right place to be. They come to be together, if not as the Body of Christ then at least in some sort of communion, which is true of any rock concert gathering in a corporate way, but which is lent something transcendent in a gothic cathedral. 

This raises questions for me. The first is this: Come Christmas, what is it that they and we have all been waiting for, this crowd of people who seem strangely anticipative, not just to hear one of their favourite bands, but to hear something else in the air in a sacred, ancient place? 

I have a theatrical role, somewhere between master of ceremonies, band confessor and rocking retainer. Top hat, tails, leggings, codpiece, pixie boots and a knobbed cane. Oh yes, and my clerical collar. It’s the dog collar that connects me to a reality beyond the show business.  

In addition to cavorting, I deliver a Christmas blessing during the intro to the last number of the night (usually “May the joy of the angels, the wonder of the shepherds…” etc.). I’m struck by how moved many people are and remark on it afterwards in the crowd. There’s a real hunger for peace and goodwill in a broken world, not just an appetite for a thumping bass line to swing hips to, as they raise their eyes to a vaulted, lit ceiling far away, sometimes a thousand years old. 

My second question is relatedly this: What does a merry Christmas mean in this context? Quite often, Tull’s Christmas song from 1977 will be on the setlist, Ring Out, Solstice Bells. It’s pagan in theme (“seven druids dance in seven time”) but it engenders in this setting a strong folk memory of light and cheer in the darkness. There’s a defiance of the dark here and the cathedral stands as a bulwark against it down the centuries. Be of good cheer because all will be well – that’s what it means to wish a merry Christmas. 

A final question: Why do they come back every year, this motley band of ageing rockers (though there are youngsters too)? Part of the answer to that is the comfort of the familiar and eternal – and I don’t mean only songs that are up to half a century old. It’s a truth among other truths that religious observance is growing in some societal pockets, among Gen Z men for example.  

Cathedrals aren’t like parish churches, where you may feel part of a small community. Cathedrals are a part of the world, in all its harsh reality. Katherine Amphlett LINK has written here of Coventry cathedral (where Tull has played) and a feeling of how Christmas is far from twee in these settings – the Christmas story is hard and subversive. To my mind, it’s a story about persecution, homelessness, displacement, oppression, refugees and misogyny. 

A cathedral is big and strong enough to bring all that to. It always has been. We see some of that recognised in the audiences for these Christmas shows. Perhaps you’ll join us at a cathedral near you next year? Meanwhile, merry Christmas. 

Join with us - Behind the Seen

Seen & Unseen is free for everyone and is made possible through the generosity of our amazing community of supporters.

If you’re enjoying Seen & Unseen, would you consider making a gift towards our work?

Alongside other benefits (book discounts etc.), you’ll receive an extra fortnightly email from me sharing what I’m reading and my reflections on the ideas that are shaping our times.

Graham Tomlin

Editor-in-Chief

Find out more and sign up

https://www.seenandunseen.com/behind-the-seen