Page:Prerogatives of the Crown.djvu/431

 Ch. XVIL] Of the King*s Family and Councils. 41 1 nion, Or proprietary government therein, is vested in the King in council (a). They possess judicial power through the King in all cases in which an appeal in the dernier resort lies to the King(i). So in Admiralty causes (c), being matters which arise out of the jurisdiction of the realm {d). And they have also jurisdiction in matters of idiotcy and lunacy {e). The judicial authority of the council is usually exercised in a com- mittee of the whole privy council, who hear the allegations and proofs, and make their report to the King in council, and the decision rests with his Majesty [f). But the King in council cannot decree in personam in England {g). And it is expressly declared and enacted, by the statute 16 Car. 1. c. 10. s. 5. that neither the King, nor the privy council have any jurisdiction or power to take cognizance of any matter of property, real or personal, belonging to subjects of this kingdom. 2. The privy counsellors have whilst in council the power, by warrant, to commit offenders to safe custody, to take their trials for high offences against the government {h). And secre- taries of state also may, (but not by general warrants,) cause a party accused of high treason to be arrested {i). But none of these officers can punish, they can only inquire ; and the sta- tute 16 Car. 1. c. 10. gives a habeas corpus, as if the party were committed by an ordinary justice of the peace. Privy counsellors have also precedence and ranks as such [k) ; and the statutes 3 Hen. 8. c. 14., and 9 Ann. c. 16., were passed to protect them against conspiracies of the King's me- nial servants to kill them, which are felonies; and any attempt to kill them in the execution of their office, which is a capital offence. (a) Ante, 28, 9 : 30, 1 ; 38, 9. (e) Ibid. b) Ibid. (/) Ibid. 231, 2. (c) But now it seems the Privy Conn- {g) 1 Ves. sen. 447. cil disclaim all jurisdiction in Admi- (A) 1 Bla. Com. 231. Com. Dig. ralty causes, leaving them to the Ad- Roy. E. 5. 2 Wilson, 151, 283. 7 uiiralty Courts, and have refused to Term R. 742. 1 Chitty, Crim. L. 26, hour any appeals in such cases, from 34,107. the W( St Indies. See 3 Price, R. 1 1 0. (?) Ibid. 2 Wils 288. (</) 1 Bla. Com. 231. k) 1 Bla. Com. 405. '