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CONSTITUTION OF THE U. STATES.
[BOOK III.
strength and confirmation, from a nearer survey of the judicial branch of foreign governments, as well as of the several states composing the Union. In England, the king is considered, as the fountain of justice; not indeed as the author, but as the distributer of it; and he possesses the exclusive prerogative of erecting courts of judicature, and appointing the judges.
[1] Indeed, in early times, the kings of England often in person heard and decided causes between party and party. But as the constitution of government became more settled, the whole judicial power was delegated to the judges of the several courts of justice; and any attempt, on the part of the king, now to exercise it in person, would be deemed an usurpation.
[2] Anciently, the English judges held their offices according to the tenure of their commissions, as prescribed by the crown, which was generally during the pleasure of the crown, as is the tenure of office of the Lord Chancellor, the judges of the courts of admiralty, and others, down to the present day. In the time of Lord Coke, the Barons of the Exchequer held their offices during good behaviour, while the judges of the other courts of common law held them only during pleasure.
[3] And it has been said, that, at the time of the restoration of Charles the Second, the commissions of the judges were during good behaviour.
[4] Still, however, it was at the
- ↑ 1 Black. Comm. 267; 2 Hawk. B. 2, ch. 1, §§ 1, 2, 3; Com. Dig. Prerogative, D. 28; id. Courts, A.; id. Officers, A.; id. Justices, A.
- ↑ Id.; 1 Woodes. Lect. III, p. 87; 4 Inst. 70, 71; 2 Hawk. B. 2, ch. 1, §§ 2, 3; 1 Black. Comm. 41, and note by Christian.
- ↑ 4 Coke Inst. ch. 12, p. 117; id. ch. 7, p. 75.—The tenure of office of the Attorney and Solicitor General was at this period during good behaviour; 4 Coke, Inst. 117.
- ↑ 1 Kent's Comm. Lect. 14, p. 275.
