COL 



COU 



they might properly be called " consules 

 a consulendo ; reges enim tales sibi asso- 

 ciant ad consulendum." And in the law- 

 books it is laid down, that the peers are 

 created tor two reasons : 1. Ad consulen- 

 dum ; 2. Ad defendendum regem : for 

 which reasons the laws give them certain 

 great and high privileges ; such as free- 

 dom from arrests, 8tc. even when no par- 

 liament is sitting ; because the law in- 

 tends, that they are always assisting the 

 King with their counsel for the common- 

 wealth, or keeping the realm in safety by 

 their prowess and valour. 



Instances of conventions of the peers, 

 to advise the King, have been in former 

 times very frequent, though now fallen 

 into disuse, by reason of the more regu- 

 lar meetings of parliament. Sir Edwaad 

 Coke gives us an extract of a record, 5 

 Henry IV. concerning an exchange of 

 lands between the King and the Earl of 

 Northumberland. Many other instances 

 of this kind of meeting are to be found 

 under our ancient kiugs ; though the 

 formal method of convoking them had 

 been so long left off, that when Charles 

 I. in 1640, issued out writs under the 

 great seal, to call a council of all the 

 peers of England, to meet and attend his 

 Majesty at York, previous to the meeting 

 of the long parliament, the Earl of 

 Clarendon mentions it as a new inven- 

 tion, not before heard of; that is, as he 

 explains himself, so old, that it had not 

 been practised in some hundreds of 

 years. But though there had not for 

 a long time before been an instance, nor 

 has there been any since, of assembling 

 them in so solemn a manner, yet, in cases 

 of emergency, our princes have at seve- 

 ral times thought proper to call for, and 

 consult, as many of the nobility as could 

 easily be brought together ; as was par- 

 ticularly the case with James II. after 

 the landing of the Prince of Orange ; and 

 with the Prince of Orange himself, be- 

 fore he called the convention parliament, 

 which afterwards called him to the 

 throne. Besides this general meeting, it 

 is usually looked upon to be the right of 

 each particular peer of the realm to de- 

 mand an audience of the King, and to lay 

 before him, with decency and respect, 

 such matters as he shall judge of impor-. 

 tance to the public weal. 



3. A third council belonging to the 

 King are, according to Sir Edward Coke, 

 his judges of the courts of law, for law- 

 matters. And this appears frequently in 

 the English statutes, particularly 14 Ed- 

 ward HI. c. 5. and in other books of 

 law. So that when the King's council 



is mentioned generally, it must be de- 

 fined, particularized, and understood, 

 according to the subject matter ; and 

 if the subject be of a legal nature, then 

 by the King's council is understood his 

 council for matters of law ; namely, his 

 judges. 



4. But the principal council belong- 

 ing to the King is his privy council, 

 which is generally, by way of eminence, 

 called The Council. For an account of 

 its constitution and powers, see COUNCIL, 

 Privy. 



COUNCIL, Privy, the primum mobile of 

 the civil government of Great Britain, 

 bearing part of that great weight in the 

 government, which otherwise would be 

 too heavy upon tiie King. 



It is composed of eminent persons, 

 the number of whom is at the Sove- 

 reign's pleasure, who are bound by oath 

 to advise the King to the best of their 

 judgment, with all the fidelity and secre- 

 cy that becomes their station. The King 

 may declare to, or conceal from, his 

 privy council whatever he thinks fit, and 

 has a select council out of their number, 

 commonly called the cabinet council, 

 with whom his Majesty determines such 

 matters as are most important, and re- 

 quire the utmost secrecy. All proclama- 

 tions from the King and the Privy Coun- 

 cil ought to be grounded on law, other- 

 wise they are not binding to the subject. 

 Privy counsellors, though but gentlemen, 

 have precedence of all the knights and 

 younger sons of barons and viscounts, 

 and are styled right honourable. 



COUNCIL, Common, in the city of Lon- 

 don, is a court, wherein are made all bye- 

 laws which bind the citizens. It consists, 

 like the parliament, of two houses ; an 

 upper, composed of the Lord Mayor and 

 aldermen; and a lower, of a number of 

 common council men chosen by the seve- 

 ral wards, as representatives of the body 

 of the citizens. 



COUNCIL, of -war, an assembly of the 

 principal officers of an army or fleet, oc- 

 casionally called by the general or admi- 

 ral, to concert measures for their conduct 

 with regard to sieges, retreats, engage- 

 ments, &c. 



COUNCIL, in church history, an assem- 

 bly of prelates and doctors, met for the 

 regulating matters relating to the doc- 

 trine or discipline of the church. 



COUNSELLOR at law, a person retain- 

 ed by a client to plead his cause in a 

 public court of judicature There are 

 two degrees of council, viz. barristers 

 and sergeants. Barristers are called to 

 the bar after a certain period of standing 



