ſtatute of 1 Geo. III. c. 23. enacted at the earneſt recommendation of the king himſelf from the throne, the judges are continued in their offices during their good behaviour, notwithſtanding any demiſe of the crown (which was formerly held[1] immediately to vacate their ſeats) and their full ſalaries are abſolutely ſecured to them during the continuance of their commiſſions: his majeſty having been pleaſed to declare, that "he looked upon the independence and uprightneſs of the judges, as eſſential to the impartial adminiſtration of juſtice; as one of the beſt ſecurities of the rights and liberties of his ſubjects; and as moſt conducive to the honour of the crown[2]."
In criminal proceedings, or proſecutions for offences, it would ſtill be a higher abſurdity, if the king perſonally ſate in judgment; becauſe in regard to theſe he appears in another capacity, that of proſecutor. All offences are either againſt the king's peace, or his crown and dignity; and are ſo laid in every indictment. For, though in their conſequences they generally ſeem (except in the caſe of treaſon and a very few others) to be rather offences againſt the kingdom than the king; yet, as the public, which is an inviſible body, has delegated all it's power and rights, with regard to the execution of the laws, to one viſible magiſtrate, all affronts to that power, and breaches of thoſe rights, are immediately offences againſt him, to whom they are ſo delegated by the public. He is therefore the proper perſon to proſecute for all public offences and breaches of the peace, being the perſon injured in the eye of the law. And this notion was carried ſo far in the old Gothic conſtitution, (wherein the king was bound by his coronation oath to conſerve the peace) that in caſe of any forcible injury offered to the perſon of a fellow ſubject, the offender was accuſed of a kind of perjury, in having violated the king's coronation oath; dicebatur fregiſſe juramentum regis juratum[3]. And
- ↑ Lord Raym. 747.
- ↑ Com. Journ. 3 Mar. 1761.
- ↑ Stiernh. de jure Goth. l. 3. c. 3. A notion ſomewhat ſimilar to this may be found in the mirrour. c. 1. §. 5. And ſo alſo, when the chief juſtice Thorpe was condemned to be hanged for bribery, he was ſaid ſacramentum domini regis fregiſſe. Rot. Farl. 25 Edw. III.
