are in the sole and indisputable gift of the Lord Chancellor, without its being necessary for him to consult the crown in regard thereto; and he is free to dispose of these according to his notions of what is due to 'religion, friendship, or party.' The remaining 120 benefices in the king's books are in the gift of the Prime Minister." By a statute passed in 1863, the Lord Chancellor was empowered to dispose of 327 of the smallest of the church livings in his gift and to apply the proceeds of the sale to the augmentation of their value. A return of sales effected is required to be annually laid before Parliament.'

The weight and influence which is attached to the office of Lord Chancellor has naturally obtained for this functionary a peculiar degree of independence in the distribution of patronage, even in times when the personal wishes of the sovereign in such matters were better respected than they have been since the system of parliamentary government has been matured. Thus we read that George II., upon his accession to the throne, made a great effort to obtain the control of the ecclesiastical patronage in the hands of the Lord Chancellor. But Lord King, who then held the great seal, so strenuously resisted this attempt, that his majesty was obliged to abandon it." And it was said of Lord Chancellor Eldon that, in the exercise of his immense patronage, the solicitations of the royal family were his chief embarrassment.' ↳ An amusing story is told of the Prince Regent forcing his way into Lord Eldon's bedchamber, where he lay ill of the gout, and declaring that he would never leave the room until he had obtained the Chancellor's promise to confer a mastership in chancery upon his friend Jekyll.

C

patronage.

After a long resistance the royal pertinacity was successful, and Eldon gave in. Upon another occasion Lord Eldon was firmer in defence of his peculiar privileges. A vacancy having occurred among the puisne Legal and judges, the Prime Minister took it upon himself to recom- judicial mend a person to the king for the office, whereupon Lord Eldon remonstrated with his majesty, respectfully claimed the right of recommendation, and concluded by tendering his own resignation. This prompt proceeding had the desired effect; the Prime Minister abandoned his pretensions, and the Chancellor's nominee was appointed.

The Lord Chancellor is generally permitted to have a voice in the nomination of the law officers of the crown; but this is not invariably the case, as the Prime Minister would naturally expect that his own views should prevail in regard to the filling up of these important political offices. Under any circumstances, however, the Lord Chancellor and the Prime Minister would doubtless consult together on this subject."

The Lord Chancellor is privileged to take the royal pleasure upon the appointment of Puisne Judges, and himself swears in the new judge. He always informs the First Lord of the Treasury and the Home Secretary who it is that he has selected, but rather by way of information and friendly concert, and the First Lord would not think of interfering with the proposed appointment, unless, indeed, it were very objectionable. Judges of the county courts are appointed by the Lord Chancellor, and are removable by him for inability or misbehaviour' in office."

Judges in Ireland are appointed on the recommendation of the Lord-Lieutenant, and Scotch judges by the Home

с

Campbell's Chancellors, vol. vii.

P. 655.

d Ibid. p. 654.

e See ibid. vol. v. pp. 20, 29, 64, 239; vol. vii. p. 660.

Sir R. Peel, in Rep. of Com. on Official Salaries, 1850, Evid. 1337, 2871.

9 & 10 Vict. c. 95, secs. 9, 18.

Secretary, who generally consults with the Lord Advocate thereupon.h

Chief Justices and the Chief Baron of the Exchequer are appointed upon the recommendation of the First Lord of the Treasury, after consultation with the Lord Chancellor.

i

Puisne Judges are generally selected from amongst hard-working chamber counsel, not from amongst very leading advocates, who usually endeavour to obtain seats in the House of Commons, with an eye to the highest honours of their profession. Puisne Judges are seldom promoted; although they undoubtedly include among their number men who are qualified to fill the highest judicial offices, and sometimes, under peculiar circumstances, they are chosen to fill the chief places in the courts to which they severally belong.*

There were formerly a number of sinecure places attached to the courts of law, in the gift of the judges; and though most of them have been abolished, several still remain, which are in the gift of the chiefs of the courts. The Puisne Judges have no patronage, strictly so called, except the right of appointing their marshals during the time they are on circuit. They have also the appointment of revising barristers, but they are bound to select for this office men who are specially qualified. And should the clerkship of assize fall vacant, the judge presiding at the time has the appointment.'

Until the year 1866, the Lord Chancellor possessed the power, under certain Acts of Parliament, of granting | various pensions in the Courts of Chancery, Lunacy, and Bankruptcy, which were paid out of funds under the Lord Chancellor's control. But by the Act 29 & 30 Vict. c. 68, the practical responsibility and control in regard Legal pen to the grant of pensions to all persons (save only the

sions.

h Rep. on Off. Sal. 1850, Evid. 1338, 1342.

Ibid. 1341. (And see Corresp. Will. IV. with Earl Grey, vol. i. p. 50.)

Ibid. 1609, 1614-1616.

* Ibid. 1355, 1360, 1361; and see cases cited, 1850.

1 Ibid. 1677-1680, 1740. See a debate on the appointment of a certain clerk of as-ize, Hans. Deb. vol. cxcii. pp. 343, 497.

judges) who may hold offices connected with the administration of justice in the courts aforesaid, is vested in the Treasury, and must be administered in accordance with the provisions of the Superannuation Acts."

ment of

In order to insure the due administration of justice Appointthroughout the kingdom, much depends upon the magisefficiency and good conduct of the local magistracy. The trates. right of appointing magistrates in counties, in England, devolves upon the Lord Chancellor, who is responsible to Parliament for the exercise of the royal prerogative in the appointment or removal of all magistrates." But as he cannot be aware of the persons suitable for this office throughout the kingdom, it is customary for him to receive suggestions, or to consult with the Lord-Lieutenants of the county (as custos rotulorum)° in respect to every new commission of the peace that may be issued by him. He is not bound to accept anyone thus recommended, and may, if he thinks fit, consult members of Parliament, or others, upon whose judgment he can rely to assist his choice. In like manner, with regard to borough magistrates, while technically the Lord Chancellor is equally responsible for these appointments, it is customary for him to confer with the Home Secretary on the subject, upon whom rests, in fact, the full responsibility for the selection of individuals to compose the borough magistracy. To assist his choice when necessary, it is not unusual for the Home Secretary to confer with local town-councils on the subject. Magistrates ought not to be selected on account of their party politics, but such only should be appointed as are duly qualified to discharge the important duties entrusted to them. If men of one particular party are exclusively admitted to this responsible office, though justice itself may not be corrupted, the administration of it may be subjected to doubt

m Hans. Deb. vol. clxxxi. p. 428. "See ante, vol. i. p. 361; and Lord Campbell's judgment, in Harrison v. Bush, 5 Ellis and Blackb. 351.

• See a learned paper on the office of Lord-Lieutenant and his deputies, in the Law Magazine for November, 1862, pp. 44-62.

Dismissal of magistrates.

and suspicion. Governments generally have endeavoured to act upon the principle that amongst the local magistracy there should be an admixture of the principles of both parties. Where a contrary practice has been followed by any administration, it has resulted in the endeavour, on the part of their successors in office, to redress the balance and to restore a due representation of the rival parties in the state, without placing upon the commission men who have been conspicuous for violent party conduct.P

The dismissal of magistrates from the commission of the peace takes place upon the discretion and responsibility of the Lord Chancellor. If he can satisfy himself that good grounds exist for the exercise of this power, there is no appeal from his decision." While he would generally consult with the Lord-Lieutenant of the county before removing anyone from the commission of the peace, it is nevertheless his duty to act upon his own judgment. Lord Eldon was peculiarly careful in such matters, and would suffer no one to be dismissed from the magistracy until he had been heard in his own defence, and proved guilty of some offence which rendered him unfit to assist in the administration of justice. Magistrates guilty of misconduct have occasionally been suspended for a time, as a secondary punishment less severe than dismissal. The constitutionality of this prac

P See Mirror of Parl. 1835, p. 40; 1838, pp. 5284, 5564. Hans. Deb. vol. lxii. pp. 506, 514; ib. vol. lxiii. p. 125. Police magistrates, although they have a more extended and important jurisdiction, are also appointed and are removable at the pleasure of the crown. When the Metropolitan Police Courts Bill was under the consideration of the House of Commons, a clause therein, permitting police magistrates to be 'superseded at the discretion of the Secretary of State,' was amended by inserting

'her majesty,' in lieu of the Secretary, as being more constitutional, and a greater safeguard against the arbitrary exercise of power; Mirror of Parl. 1839, p. 4388.

a Hans. Deb. vol. cviii. p. 961; see the correspondence relative to the dismissal of Mr. W. R. Havens from the commission of the peace for the county of Essex, in Commons Papers, 1862, vol. xliv. p. 347.

Campbell's Chancellors, vol. i. p. 19; vol. vii. p. 665.