The king's will is the sole constituent of a privy-counsellor; and it also regulates their number, which in ancient times was about twelve. Afterwards it increased to so large a number that it was found inconvenient for secrecy and despatch; and therefore Charles II. in 1679 limited it to thirty. Since that time, however, the number has been much augmented, and now continues indefinite. 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 privy-council is the primum mobile of the state, and that which gives the motion and direction to all the inferior parts. It is likewise a court of justice of great antiquity; the primitive and ordinary way of government in England being by the king and privy-council. At present the privy-council takes cognizance of few or no matters except such as cannot well be determined by the known laws and ordinary courts; such as matters of complaint and sudden emergencies; their constant business being to consult for the public good in affairs of state.

In plantation or admiralty causes, which arise out of the jurisdiction of this kingdom, the privy-council has cognizance, being the court of appeal in such causes; and from all the dominions of the crown, excepting Great Britain and Ireland, an appellate jurisdiction (in the last resort) is vested in this tribunal, which usually exercises its judicial authority in a committee of the whole privy-council, who hear the allegations and proofs, and make their report to his majesty in council, by whom the judgment is finally given.

By the common law, the privy-council was dissolved ipso facto by the king's demise. But now, to prevent the inconveniences of having no council at the accession of a new prince, it is enacted, by 6 Anne, cap. 7, that the privy-council shall continue for six months after the demise of the crown, unless sooner determined by the successor. (Blackstone's Commentaries, book i.)