Chapter the fifth.
Of the Councils belonging to the King.
The third point of view, in which we are to conſider the king, is with regard to his councils. For, in order to aſſiſt him in the diſcharge of his duties, the maintenance of his dignity, and the exertion of his prerogative, the law hath aſſigned him a diverſity of councils to adviſe with.
1. The firſt of theſe is the high court of parliament, whereof we have already treated at large.
2. Secondly, the peers of the realm are by their birth hereditary counſellors of the crown, and may be called together by the king to impart their advice in all matters of importance to the realm, either in time of parliament, or, which hath been their principal uſe, when there is no parliament in being[1]. Accordingly Bracton[2], ſpeaking of the nobility of his time, ſays they might properly be called “conſules, a conſulendo; reges enim tales ſibi aſſociant ad conſulendum.” And in our law books[3] it is laid down, that peers are created for two reaſons; 1. Ad conſulendum, 2. Ad defendendum regem: for which reaſons the law gives them certain great and high privileges; ſuch as freedom from arreſts, &c, even when no parliament is ſitting: becauſe the law intends, that they are always aſſiſting the king with their counſel for the commonwealth; or keeping the realm in ſafety by their proweſs and valour.
