136 BACON'S ESSAYS 



justice into oblique lines and labyrinths. And the fourth 

 is the poller and exacter of fees ; which justifies the 

 common resemblance of the courts of justice to the bush 

 whereunto, while the sheep flies for defence in weather, he 

 is sure to lose part of his fleece. On the other side, an 

 ancient clerk, skilful in precedents, wary in proceeding, and 

 understanding in the business of the court, is an excellent 

 ringer of a court ; and doth many times point the way to 

 the judge himself. 



Fourthly, for that which may concern the sovereign and 

 estate. Judges ought above all to remember the conclusion 

 of the Roman 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. There- 

 fore it is an 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 intervenient in business of state; the other, 

 when there is some consideration of state intervenient 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 saith of a greater law than theirs; Nos 

 scimus quia lex bona est^ modo quis ea utatur legitime. 



