Note 15 — OBSERVATIONS, &c.

The independency of the Judges we esteem in this country one of our greatest privileges.—Before the revolution they generally, I believe, held their places during pleasure. King William gave them their places during good behaviour. At the accession of the present Royal Family their places were given them during good behaviour, in consequence of the Act of Settlement, 12 and 13 W. III. C. 2. But an opinion having been entertained by some, that though their commissions were made under the Act of Settlement to continue, during good behaviour, yet that they determined on the demise of the Crown; it was enacted by a statute made in the first year of his present Majesty, Chap. 23. “That the commissions of Judges for the time being shall be, continue, and remain in full force, during their good behaviour, notwithstanding the demise of his Majesty, or of any of his Heirs and Successors;” with a proviso, “that it may be lawful for his Majesty, his Heirs and Successors, to remove any Judge upon the address of both Houses of Parliament.” And by the same Statute their salaries are secured to them during the continuance of their commissions: His Majesty, according to the preamble of the Statute, having been pleased to declare from the Throne to both Houses of Parliament, “That he looked upon the independency and uprightness of Judges as essential to the impartial administration of Justice, as one of the best securities to the Rights and Liberties of his loving Subjects, and as most conducive to the honour of his Crown.”

A worthy friend and able Lawyer has supplied me with this note. It affords, when contrasted with that dependence of the Judges which has been thought reasonable in America, a sad specimen of the different manner in which a kingdom may think proper to govern itself, and the provinces subject to it.