his _council_ to answer for such offence; here, by the
expression of king's _council_, were understood the king's judges of
his courts of justice, the subject matter being legal: this being the
general way of interpreting the word, _council_[h].

[Footnote g: 1 Inst. 110.]

[Footnote h: 3 Inst. 125.]

4. BUT the principal council belonging to the king is his privy
council, which is generally called, by way of eminence, _the council_.
And this, according to sir Edward Coke's description of it[i], is a
noble, honorable, and reverend assembly, of the king and such as he
wills to be of his privy council, in the king's court or palace. The
king's will is the sole constituent of a privy counsellor; and this
also regulates their number, which of antient time was twelve or
thereabouts. Afterwards it increased to so large a number, that it was
found inconvenient for secresy and dispatch; and therefore king
Charles the second in 1679 limited it to thirty: whereof fifteen were
to be the principal officers of state, and those to be counsellors,
_virtute officii_; 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. At the
same time also, the antient office of lord president of the council
was revived in the person of Anthony earl of Shaftsbury; an officer,
that by the statute of 31 Hen. VIII. c. 10. has precedence next after
the lord chancellor and lord treasurer.

[Footnote i: 4 Inst. 53.]

[Footnote k: Temple's Mem. part 3.]

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

THE _duty_ of a privy counsellor appears from the oath of office[l],
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 there resolved. 6. To withstand all persons 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.

[Foot