For a Kinder, Gentler Society
Francis Bacon's Hidden Hand in Shakespeare's 'The Merchant of Venice'
A Study of Law, Rhetoric, and Authorship
  • Christina G. Waldman
Reviews Table of Contents Introduction «Back
Francis Bacon's Hidden Hand in Shakespeare's 'The Merchant of Venice'. A Study of Law, Rhetoric, and Authorship
Sound Bite
Francis Bacon was linked to the play The Merchant of Venice in a book published in 1965. No one has ever challenged, or further explored, that assertion. Now Christina Waldman, JD, has utilized modern research tools to examine clues from within the play itself, the works of Francis Bacon, and legal history to explore the connections. She shows how the trial scene shifts from a "law court" to "chancery court," presaging an important evolution of the English legal system that Francis Bacon had long been quietly advocating, and she has turned up countless suggestive examples of word-play along with intriguing possible historical precedents for names and symbols used in the drama, adding layers of appreciation and pleasure to the reading.

About the Author

Christina G. Waldman, JD, turns up a wealth of clues through her own original research and discusses the evidence presented by other researchers who have examined this play, all pointing to striking similarities between Bacon's life work and the legal theme at the heart of The Merchant of Venice. She identifies parallels in Bacon's writing and personal notes that preceded "Shakespeare" in coining many terms, and she deciphers numerous puns and intriguing possible historical precedents for names and symbols in the play, adding layers of appreciation and pleasure to the reading.

The author is licensed to practice law in New York State and writes for publishers in the legal field. She has had a life-long love of books and etymology. Her joy in sharing the wonder of words and stories shines through in every page.

About the Book
Could Bacon be Bellario in Shakespeare's Merchant of Venice? This is the first book-length exploration of the mysterious Bellario, the old Italian jurist whose advice Portia seeks out. Because he is too ill to appear in court, he introduces Portia...
Could Bacon be Bellario in Shakespeare's Merchant of Venice? This is the first book-length exploration of the mysterious Bellario, the old Italian jurist whose advice Portia seeks out. Because he is too ill to appear in court, he introduces Portia who appears in court his stead, taking the name of her male servant Balthazar. The play gives very few clues about Bellario's identity. In a book published in 1965, Mark Edwin Andrews asserted that Francis Bacon was Bellario. Andrews argued not only that the author of the play The Merchant of Venice demonstrated vast knowledge of English jurisprudence and judicial systems, but that the play itself must have made legal history twenty years later, in 1616, in the case of Glanvill v. Courtney, by influencing two out of three of the top lawyers involved, a case with uncanny parallels to the play's courtroom drama with Shylock. Indeed, it was Francis Bacon who observed, "It partakes of a higher science to comprehend the force of equity that has suffused and penetrated the very nature of human society." Might he not have played a central role in bringing Equity into English jurisprudence? As part of the Shakespeare authorship argument, this book explores whether Bellario was modelled on Francis Bacon - or whether Bacon, as the real author of the play, could have modelled Bellario on himself. Bacon was an innovator and reformer, an original thinker whose ideas helped pave the way for the modern world. Because Bacon took "all knowledge to be his province" and his genius touched upon many areas, this book explores a wide range of topics; for example, law, history, philosophy, linguistics, rhetoric, theology, and overlaps, such as the historical connections between law and literature.  Countless "coincidences" or matches are found between words coined by Bacon and Shakespeare, and the characters' very names suggest a wealth of  punning, which the Elizabethans considered an art form. Further, she suggests the play should be understood as being set in 12th c. Venice, where Roman (civil) law was practiced - and that is what Bacon, who was tasked by the Queen to modernize the legal system, sought to introduce in London.  It is hoped this book will appeal to students of history, literature, law and pre-law, theatre, and legal historians, to students of Bacon and "Shakespeare" at a variety of levels, and to lawyers as well, who - as Daniel Kornstein predicted - all seem to eventually make their pilgrimage to The Merchant of Venice,
Preface
From the Foreword by Simon Miles, Manchester, UK . . . Does it really matter who wrote the Shakespeare plays? There's an old joke about the works being written by another man with the same name; there's a grain of truth in that. The point hidden...
From the Foreword by Simon Miles, Manchester, UK . . . Does it really matter who wrote the Shakespeare plays? There's an old joke about the works being written by another man with the same name; there's a grain of truth in that. The point hidden behind the gentle mockery of the authorship debate in this quip is this: what does it matter whether it is this man or that man, with the same name or a different name? Surely the works stand on their own, and it is a pointless waste of time to speculate on whether his identity is known, or concealed, or substituted. They do, and it is. If it were simply a question of this man or that man, then it would be neither here nor there. But the authorship question does matter if the knowledge of the identity of the true author can inform and expand our understanding of the Works. This is the litmus test. The only point in knowing the identity of the author of the Shakespeare works is to shine light on the works themselves. If this is true, and surely it is, then the only authorship discussion that is of value, and worthwhile engaging with, is one that by offering an appreciation of the true author, their identity, life, career, thought, and writings, allows a deeper appreciation and understanding of the works of Shakespeare themselves. By these criteria, Christina Waldman's book passes the test with flying colors. It takes as its starting point the open-minded possibility that Francis Bacon was the author of The Merchant of Venice, a fruitful location from which to begin the exploration as it turns out. Armed with Mark Edwin Andrews' penetrating insights, but now freed from the constraints of the orthodox authorship position, Christina Waldman has produced a welcome and timely contribution to the literature on Shakespeare's place in legal history. At the same time, Francis Bacon's complex relationship with The Merchant of Venice is illuminated by a richer perspective in this engaging study. Simon Miles Manchester, UK
More . . .
On the Cover Photo The appealing illustration of a medieval merchant, coin in one hand and scales in the other, on the cover of this book, Francis Bacon's Hidden Hand in Shakespeare's 'The Merchant of Venice', is from an illuminated manuscript thought to be the first encyclopedia produced by a woman. The Hortus Deliciarum (Garden of Delights) was created by Herrad of Landsberg, Abbess of the Hohenburg Abbey (Mont Saint-Odile, Strasbourg, Alsace), for the edification and, as the title says,...
On the Cover Photo The appealing illustration of a medieval merchant, coin in one hand and scales in the other, on the cover of this book, Francis Bacon's Hidden Hand in Shakespeare's 'The Merchant of Venice', is from an illuminated manuscript thought to be the first encyclopedia produced by a woman. The Hortus Deliciarum (Garden of Delights) was created by Herrad of Landsberg, Abbess of the Hohenburg Abbey (Mont Saint-Odile, Strasbourg, Alsace), for the edification and, as the title says, delight of the novices of her convent. The Hortus Deliciarum is a compendium of classical and Arabic texts, interspersed with music and poetry set to music. At least some of the poetry was written by the Abbess herself, addressed to the nuns. There are 336 illustrations. This unique book was destroyed by bombing in 1870 during the Franco-Prussian War. Fortunately, copies of the illuminations and text were made in the nineteenth century. Twelve of the illuminations, taken from the "1818 Engelhardt facsimile," may be viewed at the Internet Archive through an external link in the Wikipedia article: Hortus deliciarum. https://en.wikipedia.org/wiki/Hortus_deliciarum to the Bibliot¨que Alsatique du Cr©dit Mutuel (Museum of Alsace), "L'Hortus Deliciarum, Planche 1." (https://web.archive.org/web/20110720213646/http://bacm.creditmutuel.fr/HORTUS_DELICIARUM.html. Click on the first image and go to Fragments 5, 6, and 7. The French text is translated by Eliza Waldman here: Figures are part of a miniature that shows Christ chasing the unworthy out of a temple: "¢ a commercial moneylender, holding a scale in his hand, cited in the text as Judas marchand. "¢ a robber. "¢ an entwined couple, labeled "An amorous young man, embracing his sweetheart." According to art historian Meyer Shapiro, the text that appears alongside the miniature is a paraphrase of verses written by St. Peter of Omer. Here is the Latin: Judas mercator pessimus significat usurarios quos omnes expellit Dominus, quia spem suam onat in diviciis et volunt ut nummus vincat, nummus regnet, nummus imperat. What does the Latin Judas mercator written above the merchant's head mean? (Judas marchand in French, as above.) "Judas" does not mean "Jewish." The word "Jew" did not derive from "Judas" but from "Judah" and "Judea." "Mercator" means "merchant or trader." The innocent-looking merchant depicted in the tableau as the personification of avarice is not necessarily Jewish. Abbess Herrad would undoubtedly have been familiar with the Latin phrase Judas mercator pessimus. It occurs in the liturgy for the Easter Vigil, in the Tenebrae Responsories for Maundy Thursday (Second Nocturne for the Fifth Responsory). This is a pre-Vatican II service that dates back at least to the ninth century. It is based on teachings as old as the fourth century. The phrase means "Judas, the worst of all possible merchants." The words "Jew," "Judas," and "usury" were often used metaphorically; unfortunately, not generally in a positive way. The idea of Judas mercator is tied up in a complicated way with Judas Iscariot, the apostle who betrayed Christ, delivering him into the hands of the Roman soldiers for thirty pieces of silver. That was his vile trade. Herrad was a reformer. She was interested in stamping out avarice, particularly within the Church. But, while the idea of "cleansing the temple" was important, so was the teaching that Christ's cleansing and mercy were available for all, including the Barrabas-like "robber" and young couple in love ("fornicators"). The Judas Mercator pessimus liturgy was rarely set to music. However, in Shakespeare's time, it was set to music twice, first by the Spanish Fr. Tom¡s Luis de Victoria of Spain (1548-1611) in 1585, and then by the Italian composer Carlo Gesualdo in 1611. Victoria is said to be the most significant composer of the Counter-Reformation in Spain. Claire Asquith has observed that the language in The Merchant of Venice, in the "In such a night" scene with Jessica and Lorenzo, is reminiscent of language in the Easter Vigil liturgy. While there were few Jews in Alsace in 1167 when Herrad was just beginning to work on the Hortus Deliciarum, that would soon change. Beginning in the early twelfth and throughout the thirteenth centuries, Jews began to populate Europe. World trade was growing in importance. Jewish merchants had an advantage over Christian merchants, for they could act as go-betweens between the Muslim and Christian worlds, although they were accepted by neither. Although usury violated Jewish as well as Christian precepts, some Jewish scholars found a way to argue around that, and money-lending for interest became one of their widespread activities. And yet, interestingly, "The prohibition and detestation of usury appear finally to be more a metaphor of economic and civic exclusion rather than the result of a specific ecclesiastic or civic opposition to Christian credit transactions." References: de Victoria, Tom¡s Luis, "Iudas mercator pessimus," transcribed and edited by Nancho Alvarez, http://tomasluisdevictoria.org. Gallwey, S.J., Father P., The Watches of the Sacred Passion: With Before and After, third ed., vol. 2 (London, 1896), p. 17. Note, also, on that page, the reference to Daniel with Return to judgment, for they have born false witness. Daniel, from the story of Susannah and the Elders, is invoked by Shylock in The Merchant of Venice (IV, 1, 2164, 2281, 2288). www.opensourceshakespeare.org. Green, Rosalie, Michael Evans, Christine Bischoff, and Michael Curschmann, Herrad of Hohenbourg, Hortus Deliciarum (London: The Warburg Institute, 1979). Griffiths, Fiona, The Garden of Delights: Reform and Renaissance for Women in the Twelfth Century (Philadelphia: University of Pennsylvania Press, 2007). "Herrad of Landsberg," Catholic Online, Catholic Encyclopedia, copyright 2018. https://www.catholic.org/encyclopedia/view.php?id=5726. "Hortus Deliciarum," https://en.wikipedia.org/wiki/Hortus_deliciarum and external link, "Hortus Deliciarum Copie de Christian Maurice Engelhardt, 1818," Bibliot¨que Alsatique du Cr©dit Mutuel, https://web.archive.org/web/20110720214243fw_/http://bacm.creditmutuel.fr/HORTUS_PLANCHE_1.html. Hortus deliciarum, #0058012, The Granger Historical Picture Archive, NYC, 25 Chapel St., Brooklyn. https://www.granger.com/results.asp?search=1&screenwidth=1024&tnresize=200&pixperpage=40&searchtxtkeys=hortus%20deliciarum&lstorients=132. "Judas Mercatur [sic] Pessimus," 2002-2018, with sheet music and a link to a performance, https://www.traditioninaction.org/religious/Music_P000_files/P021_JudasMercator.htm. Katz, Stephen, "Stephen Katz on Jewish Life in Medieval Europe," Aitz Hayim Center for Jewish Living, transcribed by Neesa Sweet, 2014, http://www.aitzhayim.org/jewish-life-in-medieval-europe/. Open Source Shakespeare, www.opensourceshakespeare.org. "Responsories for Holy Week," https://en.wikipedia.org/wiki/Responsories_for_Holy_Week. Shapiro, Meyer, "From Mozarabic to Romanesque in Silos," (New York: College Art Association of New York, 1939), https://thecharnelhouse.org/wp-content/uploads/2015/02/meyer-schapiro-from-mozarabic-to-romanesque-in-silos.pdf. Student William Clark "Herrad of Landsberg, A Medieval Woman's Companion, European Women's Lives in the Middle Ages," website of Susan Signe Morrison, author of A Medieval Woman's Companion, European Women's Lives in the Middle Ages (Oxford: Oxbow Books, 2016), https://amedievalwomanscompanion.com/herrad-of-landsberg/. Todeschini, Giacomo, "The incivility of Judas. "Manifest usury as a metaphor for the Ã?¢'¬Ã??infamy of factÃ?¢'¬'¢ (infamia facti)" in J. Vitullo and D. Wolfthal, edd., Money, Morality and Culture in Late Medieval and Early modern Europe (Aldershot: Ashgate, forthcoming), pp. 1-22, http://www.academia.edu/2376304/The_incivility_of_Judas._Manifest_usury_as_a_metaphor_for_the_infamy_of_fact_infamia_facti.
More Information
Building on the work of Mark Edwin Andrews Mark Edwin Andrews produced a remarkable exploration of law and equity in The Merchant of Venice in which he argued two things: that Shakespeare had a vast and profound knowledge of the English judicial system, and that the play The Merchant of Venice actually influenced that system, by influencing the results in a court case twenty years later. In Glanvill v. Courtney, a centuries-long battle for jurisdiction between the courts of law and equity...
Building on the work of Mark Edwin Andrews Mark Edwin Andrews produced a remarkable exploration of law and equity in The Merchant of Venice in which he argued two things: that Shakespeare had a vast and profound knowledge of the English judicial system, and that the play The Merchant of Venice actually influenced that system, by influencing the results in a court case twenty years later. In Glanvill v. Courtney, a centuries-long battle for jurisdiction between the courts of law and equity came to a head and was resolved ; for a time. He also pointed out the similarity between Portia's "quality of mercy" speech and the speech Sir Bacon drafted for King James for his 1616 decree resolving the dispute over jurisdiction. To this, Christina G. Waldman has added what appears to be an even parallel from a speech Bacon made before Parliament. Andrews was writing as a law student taking a summer Shakespeare course in 1935, a time when the authorship of "Shakespeare" by the Stratford actor was simply not contested by serious scholars. It was supposed to have been a two-week project. Waldman has picked up where Andrews left off, using his extensive, meticulous research as a jumping-off place. Entwined in Andrews;¢ arguments is his assertion, essentially ignored by scholars, that Bellario, the old Italian jurist who guides the action in the play by his pre-trial advice to Portia, is none other than Francis Bacon himself. Moreover, based on her own findings, Waldman persuasively suggests that someone more than an average English lawyer/playwright, apparently Francis Bacon himself, played an authorship role in The Merchant of Venice. Today, Shakespeare's knowledge of law is no longer contested, although where he obtained it has still not been explained under orthodox theories. Waldman has searched for clues within the play itself and within the works of Francis Bacon to explore connections between Bacon and Bellario. The relationship between Bacon and Bellario has apparently never before been explored, and Bacon's contributions to Anglo-American (if not the world's) jurisprudence have been largely been overlooked in recent times. Waldman found only one reference to a potential real-life model for Bellario, Keeton's remark that Karl Elze suggested Shakespeare may have had in mind Otto Discalzio, a 16th century Paduan jurist. Andrews argued the play was set in 16th century England, in a common law courtroom, and that the last half of the play seems to switch from common law jurisdiction ; as if it were being tried in the court of King's Bench ; to equity jurisdiction ; as it were being heard in Chancery, but it was all happening in the same courtroom. That would not have happened in 16th-century England. Waldman realized the setting should be understood as 12th-century Venice, not 16th-century England, although it's likely Shakespeare intended the comparison to be made, to write something that would be useful to his own day and age. Bacon was very much an advocate of practical knowledge, and he was a student of comparative law and legal history, history in general, pretty much taking all knowledge to be his province, as he said. Waldman was able to search the plays and the works of Bacon online in a way not available to Mark Edwin Andrews in 1935. Today, no one contests the abundance and accuracy of the law in Shakespeare, but no one can explain it if Bacon's authorship is ruled out. Waldman's book shows that the appreciation of law in The Merchant of Venice is deeper, of a higher order, than just common law or civilian procedure. The research Andrews did is amazing, finding cases in the old Year Books that bore relevance to Merchant. His work was praised by several Shakespeare scholars as well as by two United States Supreme Court judges. He posed the question but left it for someone of another generation to follow up and explore it in greater depth. Maybe now, 400 years after the play was written and 80 years after Mark Edwin Andrews wrote his book, we can decipher some of the most telling clues.
Reviews
Why Did Elizabeth Winkler Not Interview Any Baconians? - A Note from the Author | More »

Pages 376
Year: 2018
LC Classification: PR2944.W25 2018
Dewey code: 822.3/3;dc23
BISAC: LIT015000 LITERARY CRITICISM / Shakespeare
BISAC: LIT013000 LITERARY CRITICISM / Drama
BISAC: LAW060000 LAW / Legal History
Soft Cover
ISBN: 978-1-62894-330-6
Price: USD 25.95
Hard Cover
ISBN: 978-1-62894-331-3
Price: USD 36.00
eBook
ISBN: 978-1-62894-332-0
Price: USD 25.95
Mobi - for Amazon's Kindle
ISBN: 978-1-62894-332-0
Price: USD 25.95
Available from

Search the full text of this book
Related Books
The Shakespeare Game —   Or the Mystery of the Great Phoenix
Shakespeare's The Tempest —   A Modern English Translation

Reader's Comments

    There are no reader's comments for this book.

Add a Reader's Comment

Note HTML is not translated

Rating : Bad Good

captcha