Commentaries on the Laws of England, Book the FirstBlackstone, William, Sir
History
Commentaries on the Laws of England, Book the First
Blackstone, William, Sir
Law -- England; Law -- England -- History
IT is probable, and almost certain, that in very early times, before
our constitution arrived at it's full perfection, our kings in person
often heard and determined causes between party and party. But at
present, by the long and uniform usage of many ages, our kings have
delegated their whole judicial power to the judges of their several
courts; which are the grand depositary of the fundamental laws of the
kingdom, and have gained a known and stated jurisdiction, regulated by
certain and established rules, which the crown itself cannot now alter
but by act of parliament[z]. And, in order to maintain both the
dignity and independence of the judges in the superior courts, it is
enacted by the statute 13 W. III. c. 2. that their commissions shall
be made (not, as formerly, _durante bene placito_, but) _quamdiu bene
se gesserint_, and their salaries ascertained and established; but
that it may be lawful to remove them on the address of both houses of
parliament. And now, by the noble improvements of that law in the
statute of 1 Geo. III. c. 23. enacted at the earnest recommendation of
the king himself from the throne, the judges are continued in their
offices during their good behaviour, notwithstanding any demise of the
crown (which was formerly held[a] immediately to vacate their seats)
and their full salaries are absolutely secured to them during the
continuance of their commissions: his majesty having been pleased to
declare, that "he looked upon the independence and uprightness of the
judges, as essential to the impartial administration of justice; as
one of the best securities of the rights and liberties of his
subjects; and as most conducive to the honour of the crown[b]."
[Footnote z: 2 Hawk. P.C. 2.]
[Footnote a: Ld Raym. 747.]
[Footnote b: Com. Journ. 3 Mar. 1761.]
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