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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.
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 is worthy the observing, that there is no passion in the mind of man, so weak, but it mates, and masters, the fear of death; and therefore, death is no such terrible enemy, when a man hath so many attendants about him, that can win the combat of him. Nay, Seneca adds niceness and satiety: Cogita quamdiu eadem feceris; mori velle, non tantum fortis aut miser, sed etiam fastidiosus potest.
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.
Et illi qui modò tenent, teneant in pace quamdiu manserint in fidelitate regis Angliæ, & fideliter & integrè persoluerint tributum & alia iura sua quæ ei debent per manum regis Conaciæ, saluo in omnibus iure & honore domini regis Angliæ & suo.
Contra nullum unquam audivimus imperium, nullam civitatem non mediocriter saltern floruisse, quamdiu linguae sua gratia, suusque cultus constitit. By argument they might hope to gain over the reason of a few, but by help of these nicknames they enlist what at first are so much more potent, the prejudices and passions of the many, on their side.
Finaliter Sarraceni ponunt Iudaeos malos, eo quod legem Dei violauerunt sibi missam, et commissam per Mosem. Vnde et ego non tacebo quid mihi contigit. Scimus etiam eos propter peccata sua perdidisse hanc terram optimam quam tenemus, nec timemus eam amittere, quamdiu se taliter gubernant.
He was also the supreme judge, the head of the executive, dispenser and fountain of law: but with no more power of making the law, of breaking the law, or of arbitrarily depriving a man of his property, than an English sovereign has now; and his power was quamdiu se bene gesserit, and no longer, as history proves in every page.
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.
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