[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."
[THE VOYAGE OF THE "MAYFLOWER" (1620).]
Source.—Bradford, History of Plymouth Plantation. Chapter IX.
These troubles being blown over, and now all being compact together in one ship, they put to sea again with a prosperous wind, which continued diverse days together, which was some encouragement unto them: yet according to the usual manner, many were afflicted with sea sickness. And I may not omit here a special work of God's Providence. There was a proud and very profane young man, one of the seamen, of a lusty, able body, which made him the more haughty; he would always be contemning the poor people in their sickness, and cursing them daily with grievous execrations, and did not let to tell them that he hoped to help to cast half of them overboard, before they came to their journey's end, and to make merry with what they had; and if he were by any gently reproved, he would curse and swear most bitterly. But it pleased God before they came half seas over, to smite this young man with a grievous disease, of which he died in a desperate manner, and so was himself the first that was thrown overboard. Thus his curses light on his own head; and it was an astonishment to all his fellows, for they noted it to be the just hand of God upon him.
After they had enjoyed fair winds and weather for a season, they were encountered many times with cross winds, and met with many fierce storms, with which the ship was shrewdly shaken and her upper parts made very leaky. And one of the main beams in the midships was bowed and cracked, which put them in some fear that the ship could not be able to perform the voyage. So some of the chief of the company, perceiving the mariners to fear the sufficiency of the ship, as appeared by their mutterings, entered into serious consultation with the master and other officers of the ship, to consider in time of the danger; and rather to return than to cast themselves into a desperate and inevitable peril. And truly there was great distraction and difference of opinion among the mariners themselves; fain would they do what could be done for their wages' sake (being now half the seas over,) and on the other hand they were loath to hazard their lives too desperately. But in examining of all opinions, the master and others affirmed they knew the ship to be strong and firm under water; and for the buckling of the main beam, there was a great iron screw the passengers brought out of Holland, which would raise the beam into his place; the which being done, the carpenter and master affirmed that with a post put under it, set firm in the lower deck, and otherways bound, he would make it sufficient. And as for the decks and upper works, they would caulk them as well as they could, and though with the working of the ship they would not long keep staunch, yet there would otherwise be no great danger, if they did not overpress her with sails. So they committed themselves to the will of God and resolved to proceed. In sundry of these storms the winds were so fierce and the seas so high as they could not bear a knot of sail, but were forced to drift for diverse days together. And in one of them as they thus lay at drift in a mighty storm, a lusty young man (called John Howland,) coming upon some occasion above the gratings, was, with a roll of the ship, thrown into the sea, but it pleased God that he caught hold of the topsail halyards, which hung overboard and ran out at length; yet he held his hold (though he was sundry fathoms under water) till he was hauled up by the same rope to the brim of the water, and then with a boat-hook and other means got into the ship again, and his life saved; and though he was something ill with it, yet he lived many years after; and became a profitable member both in church and commonwealth. In all this voyage there died but one of the passengers, which was William Butten, a youth, servant to Samuel Fuller, when they drew near the coast. But to omit other things (that I may be brief,) after long beating at sea they fell in with that land which is called Cape Cod; the which being made and certainly known to be it, they were not a little joyful. After some deliberation had among themselves and with the master of the ship, they tacked about and resolved to stand for the southward (the wind and weather being fair) to find some place about Hudson's river for their habitation. But after they had sailed that course about half a day, they fell among dangerous shoals and roaring breakers, and they were so far entangled therewith as they conceived themselves in great danger: and the wind shrinking upon them withal, they resolved to bear up again for the Cape, and thought themselves happy to get out of those dangers before night overtook them, as by God's providence they did. And the next day they got into the Cape Harbour, where they rode in safety.
Being thus arrived in a good harbour and brought safe to land, they fell upon their knees and blessed the God of heaven, who had brought them over the vast and furious ocean, and delivered them from all the perils and miseries thereof, again to set their feet on the firm and stable earth, their proper element.