The works of “Shakespeare” contain the author’s own meditations on justice and mercy, emphasizing the need for kings to carry out lawful remedies and punishments with compassion and forbearance. In Portia’s famous speech in The Merchant of Venice about “the quality of mercy” being “not strained” (not constrained), she declares that mercy is “mightiest in the mightiest” and “becomes the throned monarch better than his crown.” Mercy is above such trappings and is “enthroned in the hearts of kings,” she says, adding:
It is an attribute to God himself;
And earthly power doth then show likest God’s
When mercy seasons justice (4.1)
On 7 May 1603, six weeks after Queen Elizabeth died and James VI of Scotland was proclaimed James I of England, fifty-three-year-old Edward de Vere wrote a business letter to Secretary Robert Cecil and, in passing, made this comment (printed below in the form of a speech in a Shakespeare play):
Nothing adorns a King more than justice,
Nor in anything doth a King more resemble God than in justice,
Which is the head of all virtue,
And he that is endued therewith hath all the rest.
There is a remarkable similarity of thinking between Oxford and “Shakespeare” as well as a similarity of words; for example, Portia’s statement that when a king combines justice with mercy his “earthly power doth then show likest God’s” is reflected in Oxford’s remark that “nor in anything doth a King more resemble God than in justice” – by which he clearly meant a kind of justice that contains the “virtue” of mercy, or the capacity for forgiveness.
It’s easy to imagine Oxford giving Isabella these words about monarchs in Measure for Measure:
Not the King’s Crown nor the deputed sword,
The Marshall’s Truncheon nor the Judge’s Robe,
Become them with one half so good a grace
As mercy does. (2.2)
In his dissertation on the “marginalia” of de Vere’s Geneva bible, which the earl had purchased in 1569-70 before age twenty, Roger Stritmatter reports Oxford had marked a series of verses in Ecclesiasticus on the theme of mercy.The question of mercy “is central to the unfolding action of The Tempest,” he notes. “In this fable Prospero, like Hamlet, learns to abandon the lust to punish his enemies and realizes that ‘the rarer action is in virtue than in vengeance.’ (5.1). In that statement, ‘virtue’ is a metaphor for ‘mercy.’ ” Stritmatter also points out that previous students of Shakespeare and the Bible failed to notice that Prospero’s epilogue — “as you from crimes would pardoned be“ — derives “direct, unequivocal inspiration” from Ecclesiasticus 28.1-5, which Oxford had marked in his Geneva bible.
“There can be little doubt as to which side Oxford’s sympathies would lean” during the treason trial of the Catholic Mary Queen of Scots in October 1586,” J. Thomas Looney wrote in “Shakespeare” Identified in 1920, introducing the Oxford theory of Shakespearean authorship. In other words, the earl, who sat as one of the commissioners at the trial, would have been on Mary’s side, and “as we read of her wonderfully brave and dignified bearing, and of her capable and unaided conduct of her own defense, we can quite believe that if the dramatist who wrote The Merchant of Venice was present at the trial of the Scottish Queen … he had before him a worthy model for the fair Portia…”
Looney quoted Martin Hume: “Mary defended herself with consummate ability before a tribunal almost entirely prejudiced against her. She was deprived of legal aid, without her papers and in ill health. In her argument with [William Cecil Lord Burghley] she reached a point of touching eloquence which might have moved the hearts, though it did not convince the intellects, of her august judges.”

Drawing of the Trial of Mary Queen of Scots as part of the official record made by Robert Beale (1541-1601)
Hume himself quotes a letter in which Burghley says of Mary, “Her intention was to move pity by long, artificial speeches.” Looney writes, “With this remark of Burghley’s in mind, let the reader weigh carefully the terms, of Portia’s speech on ‘Mercy,’ all turning upon conceptions of royal power, with its symbols the crown and the scepter … Now let any one judge whether this speech is not vastly more appropriate to Mary Queen of Scots pleading her own cause before Burleigh, Walsingham, and indirectly the English Queen, than to an Italian lady pleading to an old Jew for the life of a merchant she had never seen before. Who, then, could have been better qualified for giving an idealized and poetical rendering of Mary’s speeches than Oxford, touted as ‘the best of the courtier poets,’ who was a sympathetic listener to her pathetic and dignified appeals?”
Oxford may have written the first version of The Merchant several years prior to the trial of Mary Stuart – that is, by the early 1580’s, having returned in 1576 from fifteen months on the Continent with Venice as his home base.
Portia’s speech in 4.1 of The Merchant of Venice:
The quality of mercy 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:
‘Tis mightiest in the mightiest: it becomes
The throned monarch better than his crown;
His sceptre shows the force of temporal power,
The attribute to awe and majesty,
Wherein doth sit the dread and fear of kings;
But mercy is above this sceptred sway;
It is enthroned in the hearts of kings,
It is an attribute to God himself;
And earthly power doth then show likest God’s
When mercy seasons justice. Therefore, Jew,
Though justice be thy plea, consider this,
That, in the course of justice, none of us
Should see salvation: we do pray for mercy;
And that same prayer doth teach us all to render
The deeds of mercy. I have spoke thus much
To mitigate the justice of thy plea;
Which if thou follow, this strict court of Venice
Must needs give sentence ‘gainst the merchant there.
Prospero’s farewell at the end of The Tempest:
Now my charms are all o’erthrown,
And what strength I have’s mine own,
Which is most faint: now, ’tis true,
I must be here confined by you,
Or sent to Naples. Let me not,
Since I have my dukedom got
And pardon’d the deceiver, dwell
In this bare island by your spell;
But release me from my bands
With the help of your good hands:
Gentle breath of yours my sails
Must fill, or else my project fails,
Which was to please. Now I want
Spirits to enforce, art to enchant,
And my ending is despair,
Unless I be relieved by prayer,
Which pierces so that it assaults
Mercy itself and frees all faults.
As you from crimes would pardon’d be,
Let your indulgence set me free.