ciples of ſociety, is lodged in the ſociety at large: but as it would be impracticable to render complete juſtice to every individual, by the people in their collective capacity, therefore every nation has committed that power to certain ſelect magiſtrates, who with more eaſe and expedition can hear and determine complaints; and in England this authority has immemorially been exerciſed by the king or his ſubſtitutes. He therefore has alone the right of erecting courts of judicature: for, though the conſtitution of the kingdom hath entruſted him with the whole executive power of the laws, it is impoſſible, as well as improper, that he ſhould perſonally carry into execution this great and extenſive truſt: it is conſequently neceſſary, that courts ſhould be ercted, to aſſiſt him in executing this power; and equally neceſſary, that, if erected, they ſhould be erected by his authority. And hence it is, that all juriſdictions of courts are either mediately or immediately derived from the crown, their proceedings run generally in the king's name, they paſs under his ſeal, and are executed by his officers.
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[1]. 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
- ↑ 2 Hawk. P. C. 2.
