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It should never be forgotten, moreover, that while the presidents and judges of the highest courts of judicature in other civilized lands were at the mercy of an irresponsible sovereign, and held office even although it had been paid for in solid specie at his pleasure, the supreme justices of the high courts of appeal at the Hague were nominated by a senate, and confirmed by a stadholder, and that they exercised their functions for life, or so long as they conducted themselves virtuously in their high office 'quamdiu se bene gesserint.
Fit praelium inter pauca cruentum et memorabile: nobilium hominum virtute de omnibus fortunis, deque gloria adversus immanem feritatem decertante. Nox eos diremit magis pugnando lassos, quam in alteram partem re inclinata adeoque incertus fuit eius pugnae exitus, ut utrique cum recensuissent, quos viros amisissent, sese pro victis gesserint.
But on this occasion, no attempt was made in favour of the independency of the judges, which seems to have been invaded by a late interpretation of, or rather by a deviation from, the act of settlement; in which it is expressly ordained, that the commissions of the judge? should continue in force quamdiu se bene gesserint; that their salaries should be fixed, and none of them remove-able but by an address of both houses of parliament.
The only good modern account of this expedition is that by M. Charles Bémont, La campagne de Poitou, 1242-3, in Annales du Midi, v., 389-314 . For the Lusignans see Boissonade, Quomodo comites Engolismenses erga reges Angliæ et Franciæ se gesserint, 1152-1328 . A minor result of Louis' triumph was the well-deserved ruin of Hugh of Lusignan and Isabella of Angoulême.
It was then, without all doubt, the intention of the legislature that every judge should enjoy his office during life, unless convicted, by legal trial, of some misbehaviour, or unless both houses of parliament should concur in desiring his removal: but the doctrine now adopted imports, that no commission can continue in force longer than the life of the king by whom it was granted; that therefore the commissions of the judges must be renewed by a new king at his accession, who should have it in his power to employ either those whom he finds acting as judges at his accession, or confer their offices on others, with no other restraint than that the condition of new commissions, should be quamdiu se bene gesserint.
It should never be forgotten, moreover, that while the presidents and judges of the highest courts of judicature in other civilized lands were at the mercy of an irresponsible sovereign, and held office even although it had been paid for in solid specie at his pleasure, the supreme justices of the high courts of appeal at the Hague were nominated by a senate, and confirmed by a stadholder, and that they exercised their functions for life, or so long as they conducted themselves virtuously in their high office 'quamdiu se bene gesserint.
It should never be forgotten, moreover, that while the presidents and judges of the highest courts of judicature in other civilized lands were at the mercy of an irresponsible sovereign, and held office even although it had been paid for in solid specie at his pleasure, the supreme justices of the high courts of appeal at the Hague were nominated by a senate, and confirmed by a stadholder, and that they exercised their functions for life, or so long as they conducted themselves virtuously in their high office 'quamdiu se bene gesserint.
It should never be forgotten, moreover, that while the presidents and judges of the highest courts of judicature in other civilized lands were at the mercy of an irresponsible sovereign, and held office even although it had been paid for in solid specie at his pleasure, the supreme justices of the high courts of appeal at the Hague were nominated by a senate, and confirmed by a stadholder, and that they exercised their functions for life, or so long as they conducted themselves virtuously in their high office 'quamdiu se bene gesserint.
In the reign of king William, when the act of settlement was passed, the parliament, jealous of the influence which the crown might acquire over the judges, provided, by an express clause of that act, that the commissions of the judges should subsist quamdiu se bene gesserint, and that their salaries should be established; but now we find a sum of money granted for the augmentation of their salaries, and the crown vested with a discretionary power to proportion and apply this augmentation; a stretch of complaisance, which, how safe soever it may appear during the reign of a prince famed for integrity and moderation, will perhaps one day be considered as a very dangerous accession to the prerogative.
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