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."