408 Of the Ki?ig's Family and Councils, [Ch.XVIL trimony, without the previous consent of the King, signified under the great seal ; and any marriage contracted without such consent is void. Provided that such of the said descend- ants as are above the age of twenty-five years, may, after a twelvemonth's notice, given to the King's privy council, con- tract and solemnize marriage without the consent of the Crown; unless both houses of Parliament shall, before the expiration of the said year, expressly declare their disapprobation of such intended marriage. And all persons solemnizing, assisting, or being present at any such prohibited marriage, shall incur the penalties of the statute of praemunire. To assist the King in his legislative and executive functions, his Majesty is provided with several councils, as 1. the High Court of Parliament. 2. The Peers of the realm. 3. His Judges. 4. The Privy Council (a). 1. It is most probable that Parliaments {b) were originally called together solely for the puipose of advice with the King, on matters of state, without any pretensions on their part to a definite right of interference, till they gradually became a distinct and independent feature, and a substantive part, of the constitution. At all events, however. Parliament, even at the present day, are constitutionally, and in point of fact the first grand council of the King, and this necessarily so in matters of legislation. Acts of Parliament are made, as is now always expressed therein, by the King " by and with die advice and consent of the Lords and Commons." And it is usual to lay before Parliament for its discussion and consideration, such affairs and occurrences as are of weighty importance to the state ; though such matters may fall peculiarly and exclusively within the department of the executive authorities. 2. The Peers of the realm owe their titles entirely to the Crown, as the fountain of honours and dignities. They are the antient Barons, or great men or captains, under the feudal or military system; and now, as then, are appointed 1. ad con- sidendum ; 2. Ad defendendiim, rcgem {c It is indeed not only the duty, but (so far is that duty carried in law) the right of Peers to demand an audience of the King, that they may sub- (ff) Co. Litt. no, a. 1 Bla. C. 227. country, Com. Dig. Roy H. cli. 5. See as lo C'«>/oA.Kc^'«i appointed (Ji) Ante, <")7. Uuring the Kind's absence from the % (^) Sec 1 Bla. Com. 227. mit
