therein. One of the Lords of the Treasury, we have seen, is specially charged with the transaction of Irish business," and is selected from amongst the members of Parliament representing Irish constituencies, or from amongst individuals likely to be able to obtain a seat for some place in Ireland. These officers-viz. the Lord Ministers Chancellor, the Attorney and Solicitor-General, and one of the Lords of the Treasury-together with the LordLieutenant and the Chief Secretary, constitute the members of the administration on behalf of Ireland, and all vacate their offices upon a change of government. for Ireland. hold. From the union until Lord Normanby's administration in 1835, the Irish law officers were not invariably changed with the government, and were neither obliged nor expected to enter the House of Commons. Their position was non-political unless they entered Parliament, when they were required to support the government or resign.' But since 1835 the system of having an exclusively party official bar has prevailed in Ireland; the law officers of the crown retire with the ministry, and when appointed to office they must endeavour to get a seat in Parliament, though their inability to find a constituency does not necessitate their resignation of office." Officers of The only remaining persons who are considered as the house- forming part of the administration, and who consequently vacate their offices on a change of ministry, are the chief officers of the royal household. They may be enumerated as follows: The Lord Steward of the Household. The Lord Chamberlain and the Vice-Chamberlain. See ante, p. 450. M'Lennan, Memoir of Thomas Drummond, p. 252 n. See ante, p. 235. Fraser's Edin. * Dodd's Manual, p. 311. List prefixed to vol. cxc. of Hansard's Debates. It is the duty of the Master of the Horse to regulate the conditions under which the Queen's Plates,' The Treasurer and the Comptroller of the Household. The Captain of the Corps of Gentlemen-at-Arms. The Captain of the Yeomen of the Guard. The Master of the Buckhounds. The Chief Equerry and Clerk Marshal. These dignified offices are for the most part usually held by peers or members of the House of Commons; and therefore, as well as from the influence the incumbents thereof would naturally exercise upon the royal mind, from their close proximity to the person of the sovereign, it is reasonable that they should be held by political adherents of the existing ministry. Since 1841, it has also been admitted that the offices of Mistress of the Robes and of Ladies of the Bedchamber, when held by ladies connected with the outgoing ministers, should be considered at the disposal of the new Cabinet. But Ladies of the Bedchamber belonging to families whose political connection has been less pronounced, have been suffered to remain in the household, without objection, on a change of ministry. For particulars concerning the original functions and present duties of these officers of the royal household, see Murray's Handbook' and Dodd's Manual of Dignities; ' and in regard to the office of Lord Chamberlain, which was originally one of very great importance, see Sir H. Nicolas''Proceedings of the Privy Council,' vol. vi. pp. ccxix.-ccxxviii. voted by Parliament, with a view to promote improvement in the breed of horses, shall be run for.-Hans. Deb. vol. cxciii. pp. 1208, 1485. The new Gladstone ministry propose to affiliate the Lords in Waiting, being peers, to certain public offices which are not otherwise represented in the House of Lords, in order to effect a more efficient representation of the public service in that chamber. • See ante, vol. i. p. 191. CHAPTER VI. THE JUDGES IN RELATION TO THE CROWN AND TO PARLIAMENT. THE administration of justice, freely and indifferently, to all people, of whatsoever degree, is of the highest importance to the wellbeing of a commonwealth. By the constitution of this kingdom, the sovereign is regarded as the dispenser of justice; but the exercise of this prerogative is regulated and restrained by law. Thus, the king is debarred from adjudicating upon any matter except through the instrumentality of persons duly appointed to that end. The courts of law, originally created for the purpose of hearing and determining actions and suits, must proceed according as the law directs. And the crown cannot of itself establish any new court, or change the jurisdiction or procedure of an existing court, or alter the number of the judges, the mode of their appointment, or the tenure of their office. For all such purposes the co-operation of Parliament is necessary." It is, moreover, one of the principal duties and functions of Parliament to be observant of the courts of justice, and to take due care that none of them, from the lowest to the highest, shall pursue new courses unknown to the laws and constitution of this kingdom, or to equity, sound legal policy, or substantial justice.'" Nevertheless, the integrity and independence of the judicial office are amply secured from encroachment either by the crown, the courts, or the people. From p. 173. C See ante, vol. i. Burke, quoted ante, vol. i. p. Ibid. p. 352. Hearn, Govt. of 353. Eng. p. 74. in depen the reign of Edward III., any interference on the part Judicial of the crown with the due course of justice has been dence. declared to be illegal; it is a principle of law that no action will lie against a judge of one of the superior courts for a judicial act, even though it be alleged to have been done maliciously and corruptly; and constitutional usage forbids either House of Parliament from entertaining any question which comes within the jurisdiction of a court of law to determine; or from instituting investigations into the conduct of the judiciary, except in extreme cases of gross misconduct or perversion of the law, that may require the interposition of Parliament in order to obtain the removal of a corrupt or incompetent judge.' 6 All judges are sworn well and truly to serve the queen and her people in their several offices, and to do equal law and execution of right to all the queen's subjects, rich and poor, without having regard to any person." But in the event of a judge, either wilfully or through ignorance, violating his oath, or otherwise misconducting himself in the judicial office, the constitution has provided an adequate remedy, and a method of depriving him of his judicial functions. office. Previous to the revolution of 1688, the judges of the Tenure of superior courts, as a general rule, held their offices at the will and pleasure of the crown. Under this tenure there were frequent instances, from time to time, of venal, corrupt, or oppressive conduct on the part of judges, and of arbitrary conduct-in the displacement of upright judges, and conniving at the proceedings of dishonest judges— on the part of the crown, the which gave rise to serious complaints, and led to several attempts, during the seventeenth century, to limit the discretion of the crown in h regard to appointments to the Bench. At length, by the Act of Settlement, passed in the year 1700, it was provided, that after the accession of the house of Hanover to the throne of England, 'judges' commissions be made quamdiu se bene gesserint, and their salaries ascertained Removable and established; but, upon the address of both Houses liamentary of Parliament, it may be lawful to remove them." upon a Par address. One step only remained to place the judges in a position of complete independence of the reigning sovereign, and that was to exempt them from the rule, ordinarily applicable to all office-holders, whereby their commissions should be vacated upon the demise of the crown. It is very doubtful whether this rule applied to the judges after they began to be appointed during good behaviour,' but it was deemed expedient to place the matter beyond dispute. Accordingly, one of the first public acts of George III., upon his accession to the throne, was to recommend to Parliament the removal of this limitation. The suggestion was adopted by the passing of an Act which declared that the Commissions of the Judges shall remain in force, during their good behaviour, notwithstanding the demise of the crown: 'Provided always that it may be lawful for his Majesty, his heirs, &c. to remove any Judge or Judges upon the address of both Houses of Parliament.' It was further provided that the amount of the judges' salaries now or hereafter to be allowed by any Act of Parliament should be made a permanent charge upon the Civil List. various subsequent statutes, the judges' salaries are now made payable out of the Consolidated Fund,' which removes them still more effectually from the uncertainty attendant upon an annual vote in Committee of Supply." Before entering upon an examination of the parlia Hearn, pp. 80, 85. Atkinson, Pa pinian, p. 121. 12 & 13 Will. III. c. 2. * 1 Geo. III. c. 23. By |