Subsequently, however, to this statute, in matters arising out of the jurisdiction of the courts of the kingdom, as in colo nial and admiralty causes, and also in other matters, where the appeal was to the king himself in council, the privy council continued to have cognizance, even though the questions related merely to the property of individuals. By 2 & 3 Wm. IV. c. 92, the powers of the high court of delegates, both in ecclesiastical and maritime causes, were transferred to the king in council. The decision of these matters being purely legal, it was found expedient to make some alterations in the court, for the purpose of better adapting it to the discharge of this branch of its duties. Instances had before occurred where the judges had been called in and had given extra-judicial opinions to the privy council ; but the practice was in convenient and unsatisfactory, and all necessity for it is now wholly removed. By the 3 & 4 Wm. IV. c. 41, the juris diction of the privy council is further enlarged, and there is added to it a body entitled "the judicial committee of the privy council." This body consists of the keeper of the great seal, the chief justice of the King's Bench and of the Common Pleas, the master of the rolls, the vice chancellor of England, the chief baron of the Exchequer, the judge of the pre rogative court of Canterbury and of the high court of admiralty, the chief judge of the bankruptcy court, and all members of the privy council who have been pre sidents of it, or have held the office of chancellor or any of the before-named offices. Power is also given to the king by his sign manual to appoint any two other persons who are privy councillors to be members of the committee. By § 2, all appeals or applications in prize suits, and in all other suits or proceedings in the courts of admiralty, or vice-ad miralty courts, or any other court in the plantations in America and other his majesty's dominions abroad, which may, by any law, statute, commission, or usage, be made to the high court of admiralty in England, or to the lords commissioners in prize cases, shall be made to his majesty in council ; and such appeals shall be made in the same manner and form and within such time wherein such appeals might, if this Act had not been passed, have been made to the said high court of admiralty, or to the lords commissioners in prize cases respectively ; and all laws or statutes with respect to any such ap peals or applications shall apply to any appeals to be made in pursuance of this act to his majesty in council ; and § 3, all appeals or complaints in the nature of appeals whatever which either by virtue of this Act, or of any law, statute, or custom, may be brought before his majesty, or his majesty in council, from or in respect of the determination, sen tence, rule, or order of any court, judge or judicial officer, and all such appeals as are pending and unheard, shall from the passing of this Act be referred by his majesty to the said judicial committee of his privy council ; and that such appeals, causes, and matters shall be heard by the said judicial committee, and a report or recommendation thereon shall be made to his majesty in council for his decision thereon as heretofore, in the same manner and form as has been heretofore the cus tom with respect to matters referred by his majesty to the whole of his privy council or a committee thereof, the nature of such report or recommendation being always stated in open court. The judicial
committee are authorised to examine wit nesses on oath, and to direct issues to be tried by a jury. The judicial committee has the same power of punishing con tempts and of compelling appearances, and his majesty in council has the same power of enforcing judgments, decrees, and orders as are exercised by the high court of Chancery or the court of King's Bench. A registrar is attached to the judicial committee.
The privileges of a privy councillor, beyond those of mere honorary precedence, formerly related to the security of his person. If any one struck another a blow in the house or presence of a privy coun cillor, he was fineable. Conspiracy by the king's menial servants against the life of a privy councilor was felony, though nothing were done upon it. By 9 Anne, c. 16, any unlawful assault by any person on a privy councillor in the execution of his office was felony.
These statutes have, however, been now repealed, by 9 Geo. IV. c. 31, and any offence against a privy councillor stands on the same footing as offences against any other individual. (1 Co. Lit., 110, a, n. 5 ; 3 Inst., 182 ; 4 Inst., 52; 1 Blackstone, Corn., 222; Hallam's Consti tutional History.) [DELEGATES, COURT OF.]