Acknowledgement:

I would like to express my special

thanks of gratitude to my professor,
who gave me the golden opportunity
to do this wonderful project on the
given topic, which also helped me in
doing a lot of research and I came to
know about so many new things. I am
really thankful to him.

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 Table of contents

1. Introduction

2. Summary

3. Qui fortiter emungit, elicit sanguinem

4. Conclusion

5. Reference

Introduction

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Francis Bacon's 17th-century essay, "Of Judicature," delves into the
intricate dynamics between the judiciary and the executive, particularly
during power struggles for authority. Bacon emphasizes the crucial role of
judges in interpreting, not creating, law, highlighting the significance of
integrity in their actions. Drawing parallels between corrupt judges and
past practices of the Catholic Church, Bacon employs vivid metaphors to
caution against the harsh application of laws and advocates for a balanced
approach to justice. The Latin phrase "Qui fortiter emungit, elicit
sanguinem," meaning "Violent wringing makes the nose bleed," serves as a
metaphorical warning in the context of Bacon's essay, symbolizing the
harmful consequences of forceful actions. This phrase encapsulates Bacon's
overarching message: the imperative for judges to exercise authority
judiciously, avoiding excessive force and ensuring a harmonious legal
system aligned with state policy.

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Summary

In Francis Bacon’s essay “Of Judicature,” written in the 17 th century, he

addresses the strained relationship between the courts and the executive
during a power struggle over authority. Bacon emphasizes the role of
judges in interpreting, not creating, law and underscores the importance of
integrity. He draws parallels between corrupt judges and the past practices
of the Catholic Church. Bacon asserts that judges should balance their
actions like God balances creation, striking down the over-bold while
favoring the weaker for justice and equality. He cautions against harsh
application of laws and urges careful consideration of death sentences.
Bacon advises judges to be patient listeners to pleaders and advocates,
avoiding favoritism and bribery.

Furthermore, he stresses the need for a corruption-free court environment,

highlighting the integrity of clerks and ministers. Bacon identifies four
detrimental influences on justice: those causing delays, engaging in
jurisdictional quarrels, employing tricks, and seeking bribes. He advocates
for consultation between kings and judges to build a harmonious kingdom,
with judges acting as “lions under the throne,” implying their subservience
to royalty. Bacon concludes by emphasizing judges’ awareness of their
rights and their responsibility to apply laws wisely without fear or favor,
ensuring a just and united legal system aligned with state policy.

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Qui fortiter emungit, elicit sanguinem

The Latin phrase "Qui fortiter emungit, elicit sanguinem: Violent

wringing makes the nose bleed" encapsulates a metaphorical warning
about the consequences of forceful actions, and this concept can be further
explored in the context of Francis Bacon's essay "Of Judicature."

In this context, the metaphorical imagery of "violent wringing" is akin to

using excessive force or coercion, and the resulting "nose bleed" represents
the unintended and harmful outcomes that can arise from such forceful
behavior. Bacon's emphasis on judges preventing force aligns with the
caution against the harsh operation of the "wine machine," symbolizing
that excessive force can lead to bitter consequences.

Bacon's essay underscores the principle that judges should interpret and
apply the law with prudence rather than imposing it forcefully. The
comparison between corrupt judges and the practices of the Church of
Rome serves as a cautionary tale, highlighting the potential injustice
inflicted upon society when judges deviate from their duty with integrity.
The analogy of corrupt judges being equated with the capital remover of
landmarks emphasizes the societal harm caused by unjust decrees,
paralleling the harm caused by miscreants who sabotage landmarks.

Additionally, the metaphorical representation of judges as sources of moral

influence in the analogy involving the stream of morality underscores the
vital role of judges in upholding justice and the ethical foundations of
society. Bacon's insistence that judges rely on learning rather than mere

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wisdom reinforces the idea that a well-informed and educated judiciary is
crucial for dispensing fair and just decisions.

In the broader context of the essay, the Latin phrase warns against the
negative consequences of wielding authority forcefully, aligning with
Bacon's call for judges to be lions under the throne—assertive yet
subservient to the overarching authority of the Crown. The emphasis on
judges consulting with the king and state underscores the need for a
harmonious relationship between the judiciary and the executive,
preventing conflicts between just laws and true policy.

Ultimately, the Latin phrase serves as a succinct encapsulation of Bacon's

overarching message in "Of Judicature": the necessity for judges to
exercise their authority judiciously and avoid forceful actions that may lead
to unintended and detrimental outcomes in the pursuit of justice.

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In conclusion, Francis Bacon's essay "Of Judicature" not only unveils the
intricate dynamics between the judiciary and the executive in a power
struggle for authority but also emphasizes the pivotal role of judges in
maintaining a just legal system. Bacon's caution against the harsh
application of laws and his metaphorical warnings, including the Latin
phrase "Qui fortiter emungit, elicit sanguinem," underscore the potential
detrimental consequences of forceful actions in the administration of
justice. The essay serves as a timeless call for judges to uphold integrity,
balance, and prudence in their interpretation and application of the law.
By drawing parallels between corrupt judges and historical instances of
abuse of power, Bacon advocates for a judiciary that acts as a moral
compass, upholding justice and equality. In the broader context, his vision
of judges as "lions under the throne" emphasizes the need for a
harmonious collaboration between the judiciary and the executive,
ensuring a united legal system aligned with the principles of the state. In
essence, Bacon's essay stands as a timeless guide for judges, urging them to
exercise their authority judiciously and conscientiously in the pursuit of a
just and harmonious society.

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Reference

 Title- The Works of Francis Bacon, Volume 1

 Author- Francis Bacon, 1561-1626; Basil Montagu, 1770-1851
 Year- 1884
 Publisher- R. Worthington