THE POSITION OF THE JUDGES.

=Source.=--Bacon's _Essay of Judicature_.

Fourthly, for that which may concern the sovereign and estate. Judges

ought above all to remember the conclusion of the Twelve Tables,

"Salus populi suprema lex"; and to know that laws, except they be

in order to that end, are but things captious, and oracles not well

inspired. Therefore it is a happy thing in a state when kings and

states do often consult with judges; and again when judges do often

consult with the king and state; the one, when there is matter of

law intervement in business of state; the other, when there is

some consideration of state intervement in matter of law. For many

times the things deduced to judgment may be _meum_ and _tuum_, when

the reason and consequence thereof may trench to point of estate:

I call matter of estate, not only the parts of sovereignty, but

whatsoever introduceth any great alteration or dangerous precedent;

or concerneth manifestly any great portion of people. And let no man

weakly conceive that just laws and true policy have any antipathy;

for they are like the spirits and sinews, that one moves with the

other. Let judges also remember, that Solomon's throne was supported

by lions on both sides: let them be lions, but yet lions under the

throne; being circumspect that they do not check or oppose any points

of sovereignty. Let not judges also be so ignorant of their own

right, as to think there is not left to them, as a principal part

of their office, a wise use and application of laws. For they may

remember what the Apostle said of a greater law than theirs, "nos

scimus quia lex bona est, modo quis ea utatur legitime."

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