ABSTRACT

During the interval between the flight of James and the proclamation of William and Mary the courts did not function. The Convention Parliament remedied the inconvenience so caused by an Act for the continuance of all cases depending and for supplying defects in processes. William refrained from reappointing any of the Judges who had been in office immediately before the Revolution, though some of his nominees were persons who had been dismissed by Charles or James. The Acts of Settlement gave the judges security of tenure, except in the event of a demise, by providing that their commissions were to be made quam diu se bene gesserint, and their salaries ascertained and established; they were not to be removable save upon the address of both Houses of Parliament. Parliament had undoubtedly good grounds for making these inquiries and passing these bills; but there was a certain danger that these proceedings might stimulate the Houses to interfere unwarrantably with the courts.