Page:Prerogatives of the Crown.djvu/429

 Ch.XVII.] Of the King's Family and Councils. 409 mit to his Majesty their sentiments and suggestions on state matters (a). This is a duty which the Sovereign himself, by raising his subject to so high an honour as Peerage, has en- joined him to perform. Indeed so great a right has the King to the services and advice of all his subjects, that it is highly penal to refuse to accept a degree of nobility when proffered by the Crown (Z>). To protect the King, (rather than the Peer,) the person of the latter is not subject to civil process of arrest (c), even when no Parliament is sitting, because their advice and assistance is at all times due to the King, And members of the House of Commons (d) are also protected (e), not only during the actual sitting of Parliament, but for a convenient time, sufficient to enable them to come from and return to any part of the king- dom, before the first meeting, and after the final dissolution of it ; and also for forty days (y ) after every prorogation, and before the next appointed meeting, which is now in effect as long as the Parliament exists, it being seldom prorogued for more than fourscore days at a time {g), 3. The Jtidges are another council or source of advice for the King, on questions of law (/z). Indeed in such questions this is the chief council for the King ; and it is also their duty to attend the House of Lords when required to inform them what the law is on any given question (i). 4. The Priw/ Council^ usually called ** the Council," is the last, but the most effective and important council of the King. This is a body of such Peers, or private subjects, as the King particularly selects and honours with his peculiar confidence. («) 4 Inst. 5(i. 1 Bla. 228. (rf) 10 G. 3. c. 50. 2 Str. 985. Tidd {b) Ante, 19. 5th ed. 193. ; 6th ed. 199. (c) Finch L. 355. 1 Ventr. 298. So {e) That is as to civil process ; the of peeresses whether by birth or mar- privilege not extending to treason, fe- riage. 6 Cf). 52. Styles, R. 252. Tidd. lony or breach of the peace. 2 Wils. 6th ed. 198, 9; 5th ed. 192, 3. So of 159. Irish and Scotch peei-s; Tidd ubi supra: (/) 2 Lev. 72. 1 Chan. Cos. 221. though they do not sit in Parliament. S. C. but see 1 Sid. 29. Fortescue K. 165. This privilege docs {g) 1131a. Com. 165. Imp. K. B. not extend to criminal process, or to Stii ed. 118. 7 T. R. 448. attachments for contempts of court. {h) l4Edw. 3. c. 5. 1 Inst. 110. 3 1 Wils. 332. 1 Burr. 631. Imp. K. B. Inst. 125. 1 Bla. Com. 229. 8th ed. 118. Tidd 6th cd. 199. Itsecms (0 4 Inst.. 50. See Foitescue's R. tl)atscrvantsof peers arc not privileged, 384, &c. ibid. 10 G. 3. c. 50. 5 T. U. 687. Their