efore this parliament, made by some of king Henry the seventh's
houshold servants, and great mischief was like to have ensued
thereupon. This extends only to the king's menial servants. But the
statute 9 Ann. c. 16. goes farther, and enacts, that _any persons_
that shall unlawfully attempt to kill, or shall unlawfully assault,
and strike, or wound, any privy counsellor in the execution of his
office, shall be felons, and suffer death as such. This statute was
made upon the daring attempt of the sieur Guiscard, who stabbed Mr
Harley, afterwards earl of Oxford, with a penknife, when under
examination for high crimes in a committee of the privy council.
[Footnote n: 3 Inst. 38.]
THE _dissolution_ of the privy council depends upon the king'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 king's demise; as
deriving all it's 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 Ann. c. 7. that the privy council
shall continue for six months after the demise of the crown, unless
sooner determined by the successor.
CHAPTER THE SIXTH.
OF THE KING'S DUTIES.
I PROCEED next to the duties, incumbent on the king by our
constitution; in consideration of which duties his dignity and
prerogative are established by the laws of the land: it being a maxim
in the law, that protection and subjection are reciprocal[a]. And
these reciprocal duties are what, I apprehend, were meant by the
convention in 1688, when they declared that king James had broken the
_original contract_ between king and people. But however, as the terms
of that original contract were in some measure disputed, being alleged
to exist principally in theory, and to be only deducible by reason and
the rules of natural law; in which deduction different understandings
might very considerably differ; it was, after the revolution, judged
proper to declare these duties expressly; and to reduce that contract
to a plain certainty. So that, whatever doubts might be formerly
raised by weak and scrupulous minds about the existence of such an
original contract, they must now entirely cease; especially with
regard to every prince, who has reigned since the year 1688.
[Footnote a: 7 Rep. 5.]
THE principal duty of the king is, to govern h
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