[and the other fifteen were composed of ten lords and five commoners of the king's choosing (k). But since that time the number has been much augmented, and now continues indefinite.] No inconvenience however arises from this extension of number, as, with the exception of such of them as are called cabinet ministers, the privy councillors are not in modern practice ordinarily summoned to advise the sovereign on affairs of state. The cabinet ministers (or cabinet council) are those privy councillors who, being more immediately honoured with the sovereign's confidence, actually conduct the business of the government, and assemble for that purpose from time to time, as the public exigencies require. It is this body, and not the privy council at large, that is always understood when mention is made of the king's (or queen's) "administration." Each of its members is usually invested with one of the principal offices of state, which are as follows: the offices of the lord president of the council (); of the first lord of the treasury; of the first lord of the admiralty; and of the principal secretaries of state, viz. the secretaries (m) for foreign affairs, for the colonies, for the home department, and for the war department (n).

(k) Temple's Mem. part 3.

(1) Lord Coke says (4 Inst. 55), that there is, and of antient time hath been, a president of the council. It was never granted but by letters-patent, under the great seal, durante bene placito. John, Bishop of Norwich, was president of the council in anno 7 Regis Johannis. Dormivit tamen hoc officium regnante magna Elizabetha. (Christian's Blackstone.)

(m) As to secretaries of state, see Entinck v. Carrington, 2 Wils. 289.

(n) As to the secretary for the war department, see 18 & 19 Vict. c. 117. Among the officers of state, considered in a more extensive view, are the following:-The lord high

chancellor; the lords commissioners of the treasury; the lord president of the council; the lord privy seal; the secretary of state for home affairsfor foreign affairs-for colonial affairs-and for the war department; the chancellor and comptroller of the exchequer; the commissioners for the affairs of India; the lords commissioners of the admiralty; the commander-in-chief; the adjutantgeneral; the quartermaster general; the judge advocate general; the medical director general; the treasurer of the navy and paymaster of the forces; the board of trade; the commissioners of her Majesty's woods, forests, and land revenues; the commissioners of her Majesty's

[Privy councillors are made by the sovereign's nomination, without either patent or grant; and on taking the necessary oaths, they become immediately privy councillors during the life of the sovereign that chooses them, but subject to removal at his discretion.

As to the qualification of members to sit at this board; any natural-born subject of England is capable of being a member of the privy council,] on taking the usual oaths for security of the government (o), and making the declaration introduced by 9 Geo. IV. c. 17, for the security of the established church. [But in order to prevent any persons. under foreign attachments from insinuating themselves into this important trust, as happened in the reign of King William in many instances, it was enacted by the act of settlement (p), that no person born out of the dominions of the crown of England, unless born of English parents, even though naturalized by parliament, shall be capable of being of the privy council (q).

The duty of a privy councillor appears from the oath of office (r), 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 honour and good of the public, without partiality through affection, 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 resolved. 6. To withstand all persons

works and public buildings; the master of the mint; the earl marshal; the attorney and solicitorgeneral; the principal officers of the several duchies of Lancaster and Cornwall; the various revenue boards, and the poor-law board; the board of health, and the board of education. See 4 & 5 Will. 4, c. 24, amended by 20 & 21 Vict. c. 37, as to the pensions, &c., allowed to persons having held civil offices in her Majesty's service.

(0) Vide sup. p. 407.

(p) Stat. 12 & 13 Will. 3, c. 2. (9) Vide sup. p. 420. But persons so circumstanced may be rendered capable in this respect, by force of a special legislative provision in their favour;- such as contained in 56 Geo. 3, c. 12 (in favour of Prince Leopold, on occasion of his marriage with the Princess Charlotte), and in 3 & 4 Vict. c. 1 (in favour of Prince Albert, on the occasion of his marriage with her Majesty).

(r) 4 Inst. 54.

[who would attempt the contrary. And lastly, in general, 7. To observe, keep, and do, all that a good and true counsellor ought to do to his sovereign lord (s).]

Though the privy council at large does not in general assemble to advise on affairs of state, there are other occasions on which it meets to discharge official duties; the summonses in these cases being usually confined however to a certain portion of its members. One of its principal duties [is to inquire into all offences against the government, and to commit the offenders to safe custody, in order to take their trial in some of the courts of law. But its jurisdiction herein is only to inquire, and not to punish; and the persons committed by it are entitled to their habeas corpus by statute 16 Car. I. c. 10, as much as if committed by an ordinary justice of the peace. And by the same statute, the Court of Star Chamber and the Court of Requests, both of which consisted of privy councillors, were dissolved; and it was declared illegal for them to take cognizance of any matter of property belonging to the subjects of this kingdom.] In certain cases, also, the privy council has judicial power, viz. in colonial causes, which arise out of the jurisdiction of this kingdom (t); in appeals from the lord chancellor in matters of lunacy or idiotcy (u); in appeals from the ecclesiastical and maritime courts (v); in applications to prolong the term of patents for new inventions (w); and in making orders in certain cases relative to copyright, pursuant to the provisions of the copyright Acts (x). [As to colonial causes, it is to be observed, that this jurisdiction is both original and appellate. Whenever (s) By stat. 3 Hen. 7, c. 14, it was the better administration of justice formerly felony for any of the king's in the Privy Council. menial servants to conspire or imagine to take away the life of a privy councillor; and by 9 Anne, c. 16, it was made felony for any person to attempt to kill or unlawfully maim a privy councillor in the execution of his office. But both statutes are now repealed by 9 Geo. 4, c. 31.

(t) See 3 & 4 Will. 4, c. 41, for

(u) Sheldon v. Fortescue, 3 P. Wms. 108.

(v) 2 & 3 Will. 4, c. 92; 3 & 4 Will. 4, c. 41, ss. 2, 31; 6 & 7 Vict. c. 38.

(w) 5 & 6 Will. 4, c. 83; 2 & 3 Vict. c. 67; 7 & 8 Vict. c. 69, s. 2.

(x) 5 & 6 Vict. c. 45, s. 5; 7 & 8 Vict. c. 12.

[a question arises between two provinces out of the realm, as concerning the extent of their charters and the like, the king in his council exercises original jurisdiction therein, upon the principles of feudal sovereignty. And so, likewise, when any person claims an island or a province, in the nature of a feudal principality, by grant from the king or his ancestors, the determination of that right belongs to the sovereign in council; as was the case of the Earl of Derby, with regard to the Isle of Man, in the reign of Queen Elizabeth; and the Earl of Cardigan and others, as representatives of the Duke of Montague, with relation to the Island of St. Vincent, in 1764.] And to the same supreme tribunal there is, besides, in causes of a certain amount, an appeal in the last resort from the sentence of every court of justice throughout the colonies and dependencies of the realm (y). Practically, however, all the judicial authority of the privy council is now exercised by a committee of privy councillors, called the Judicial Committee of the Privy Council (z); who hear the allegations and proofs, and make their report to her majesty in council, by whom the judgment is finally given (a).

This judicial committee is by statute to consist of the lord president, the lord chancellor, and such of the members of the council as shall from time to time hold certain judicial offices enumerated in the act (b); and all persons

(y) This includes the sentences not only of courts of primary jurisdiction, but of courts of appeal also in the colonies; see 13 & 14 Vict. c. 15, as to the courts of appeal in certain of the West India Colonies.

(2) The judicial committee was established by 3 & 4 Will. 4, c. 41. That statute, however, has been amended and extended by 6 & 7 Vict. c. 38, 7 & 8 Vict. c. 69, 8 & 9 Vict. c. 30, and 14 & 15 Vict. c. 83, in which acts are contained a variety of regulations as to the manner of proceed

ing before it, and particularly on appeals from the colonies. See as to its jurisdiction Ex parte Smyth, 1 Tyr. & Gran. 222; Pen v. Baltimore, 1 Ves. sen. 444; Chesterton v. Farlar, 7 Ad. & El. 713.

(a) As to the method of enforcing the "final orders of the judicial committee," see Hutchinson v. Gillespie, 11 Exch. 798.

(b) 3 & 4 Will. 4, c. 41. By 14 & 15 Vict. c. 83, s. 15, it is provided that the lords justices of appeal in Chancery appointed by that

members of the council, who shall have been president thereof, or chancellor of Great Britain, or shall have held any of the so enumerated offices. And any two other persons, being members of the council, may be appointed to be members of the committee. But no matter can be heard, or order or report made, unless in the presence of at least three members of the committee, exclusive of the lord president for the time being (c).

[The dissolution of the privy council depends upon the sovereign'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 sovereign's demise, as deriving all its 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 Anne, c. 7, that the privy council shall continue for six months after the demise of the crown, unless sooner determined by the successor (d).]

act, if of the privy council, shall also be members of the judicial committee. And by 16 & 17 Vict. c. 85, that it shall be lawful for the registrar of the privy council or for such other person as her Majesty in council or the judicial committee shall appoint, to examine witnesses

and take affidavits, &c. in all matters pending before her Majesty in council or the judicial committee, and to administer the oaths accordingly.

(c) 14 & 15 Vict. c. 83, s. 16. See the previous statute of 6 & 7 Vict. c. 38.

(d) Vide sup. p. 398.