of England, unleſs born of Engliſh parents, even though naturalized by parliament, ſhall be capable of being of the privy council.
The privileges of privy counſellors, as ſuch, conſiſt principally in the ſecurity which the law has given them againſt attempts and conſpiracies to deſtroy their lives. For, by ſtatute 3 Hen. VII. c. 14. if any of the king’s ſervants, of his houſhold, conſpire or imagine to take away the life of a privy counſellor, it is felony, though nothing be done upon it. And the reaſon of making this ſtatute, ſir Edward Coke[1] tells us, was becauſe ſuch ſervants have greater and readier means, either by night or by day, to deſtroy ſuch as be of great authority, and near about the king: and ſuch a conſpiracy was, juſt before this parliament, made by ſome of king Henry the ſeventh’s houſhold ſervants, and great miſchief was like to have enſued thereupon. This extends only to the king’s menial ſervants. But the ſtatute 9 Ann. c. 16. goes farther, and enacts, that any perſons that ſhall unlawfully attempt to kill, or ſhall unlawfully aſſault, and ſtrike, or wound, any privy counſellor in the execution of his office, ſhall be felons, and ſuffer death as ſuch. This ſtatute was made upon the daring attempt of the ſieur Guiſcard, who ſtabbed Mr Harley, afterwards earl of Oxford, with a penknife, when under examination for high crimes in a committee of the privy council.
The diſſolution of the privy council depends upon the king’s pleaſure; and he may, whenever he thinks proper, diſcharge any particular member, or the whole of it, and appoint another. By the common law alſo it was diſſolved ipſo facto by the king’s demiſe; as deriving all it’s authority from him. But now, to prevent the inconveniences of having no council in being at the acceſſion of a new prince, it is enacted by ſtatute 6 Ann. c. 7. that the privy council ſhall continue for ſix months after the demiſe of the crown, unleſs ſooner determined by the ſucceſſor.
- ↑ 3 Inſt. 38.
