note l: 4 Inst. 54.]

THE _power_ of the privy council is to enquire into all offences
against the government, and to commit the offenders into custody, in
order to take their trial in some of the courts of law. But their
jurisdiction is only to enquire, and not to punish: and the persons
committed by them 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 starchamber, and the
court of requests, both of which consisted of privy counsellors, were
dissolved; and it was declared illegal for them to take cognizance of
any matter of property, belonging to the subjects of this kingdom.
But, in plantation or admiralty causes, which arise out of the
jurisdiction of this kingdom, and in matters of lunacy and ideocy
(being a special flower of the prerogative) with regard to these,
although they may eventually involve questions of extensive property,
the privy council continues to have cognizance, being the court of
appeal in such causes: or, rather, the appeal lies to the king's
majesty himself, assisted by his privy council.

AS to the _qualifications_ of members to sit this board: any natural
born subject of England is capable of being a member of the privy
council; taking the proper oaths for security of the government, and
the test for security of the 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 is enacted by the act of settlement[m], 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.

[Footnote m: Stat. 12. & 13 W. III. c. 2.]

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[n] 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 b