This page needs to be proofread.

410 Of the Kmg*s Familj/ and Cowxcils. [Ch.XVlI. Their number {a) depends on the royal pleasure ; they may be appointed merely by the royal nomination, without any parti**- cular ceremony or instrument; on taking the oaths for security of the government, and the test for the security of the church : and their qualifications have not been made the subject of legal definition, except by the statute 12 and 13 W. 3. c. 2. by which persons born out of the dominions of the Crown of England, unless born of English parents, even though naturalized by Parliament, are rendered unable to be of the Privy Council. Their official existence depends also entirely on the King's will ; the whole or one of the members may be immediately removed: though to obviate the common law inconvenience of the demise of the Crown operating as a dissolution of this assembly, the statute 6 Ann. c. 7. s. 8. prolongs its continu- ance for six months after the royal demise, unless sooner determined by the successor. The duty of a Privy Counsellor appears, says Sir Wm. Blackstone (6), from the oath of office (c), which consists of seven articles: — 1. To advise the King according to the best of his cunning and discretion. 2. To advise for the King's honor and good of the pul^lic, without partiality through af^ fection, love, meed, doubt, or dread. 3. To keep the King's counsel secret. 4. To avoid corruption. 5. To help and strengthen the execution of what shall be there resolved. 6. To withstand all persons who would attempt the contrary. And, lastly, in general, 7» To observe, keep, and do all that a good and true counsellor ought t6 do to his sovereign lord. The privy council have also in certain cases a judicial ap- pellate jurisdiction, and the powers of Magistrates. 1. The original and exclusive jurisdiction in cases relating to boundaries between provinces in the plantations, the domi- (fl) Mr. Christian remarks, (1 Bla. consult upon the important and arduous Com. 250, note 1.), that no inconve- discharge of the executive authority : nience arises from the extension of their their number and selection depend only numbers, as those only attend who are on the King's pleasure ; and each mem- epecially summoned for that particular her of that council receives a summons occasion, upon which their advice and or message for every attendance, assistance are required. The cabinet {b) 1 Com. 230. And see Com. Dig. council, as it is called, consists of those tit. Roy. E. 2. An attempt to bribe a ministers of state who are more imme- Privy Counsellor is an indictable of- diatcly honoured with his Majesty's fence. 4 Burr. 2491, <:o.nfidencc, and who are summoned to (f) 4 Inst 54. nion,