THE CHANCELLORS CASE. 623

this Declaration of Rights, and is always used in the imperative
sense of the word, " shall" Thus, it is said, " that no soldier
ought to be quartered in any house," &c. " that no person ought to
hold at the same time more than one office," &c. The manifest
and settled meaning of which is, " that no soldier shall" Sic.;
" that no person shall" &c. Such also is the meaning of the
word "ought" in the article under consideration; the clear sense
of it is, that the salaries " shall be secured," &c.

It is said, that the salary shall "be secured to the chancellor;"
that is, according to the universally received meaning of the word
" secured" the salary shall be " ascertained, made certain, put out
of hazard, protected, made safe, and insured," to the chancellor.
And even yet more; it is said, that salaries shall be secured to
the chancellor and judges " during the continuance of their com-
missions " Thus, after expressing an opinion, that the salary
should be just in amount, and declaring, that it shall be secured,
the term and duration of that security is distinctly specified, in a
manner which it is utterly impossible to pervert, or to misunder-
stand. The English statute of the year 1700, as we have seen,
had declared, that the judges' salaries should be "ascertained and
established" Had this article said nothing more than, that the
salary should be " secured" it might have been considered as ambi-
guous; and there might have been found some grounds on which
plausibly to contend, that the salary was sufficiently " secured," if
it were fixed by the legislature from one term of years to another,
or from year to year. But all such obscurity has been completely
removed by this distinct specification of the duration of the secu-
rity intended. The security and certainty of the salary is to be
co-extensive with that of the commission; or, in the words of the
article, which cannot be made plainer, the salary is to be secured
to the chancellor " during the continuance of his commission "
Let us proceed again with our commentary.(I)

(I) In England there are two modes of constituting a chancellor, either by letters
patent, which is rarely used, or by delivery of the great seal, wbich delivery is to be
entered upon record. But it must be recollected, that if the great seal be delivered
by the king, although the person to whom it is so delivered is thereby constituted
Chancellor, yet he cannot alone seal writs therewith, or at all; except in the pre-
sence of some of the masters in chancery, until he has regularly taken the oaths of
office. And it is said, that it is not inconsistent for the Lord Chancellor also to hola
at the same time the office of Chief Justice of the King's Bench.—(1 Harr. Pra.
Chan. 6 8; 1 Newl. Chan. 1; 4 Inst. 87; 3 Blac. Com. by Chitty, 47.)

" In all the king's governments so called, (of the colonies, said Governor Pownal