Vickipedia

PRIVY-COUNCIL (consilium regis privatum), an assembly of advisers on matters of state appointed by the sovereign. The Privy-council of England existed at a very early period in the history of the country. It was in its beginning a small permanent committee, or minor council, selected by the king out of the great council, or parliament; and in its powers were included� what still forms one of its functions�the right to inquire into all offences against the state, and to commit offenders for trial before the proper courts of law. It also frequently assumed the cognizance of questions of private right, a practice against which the statute 16 Charles I. c. 10 was directed, enacting that neither king nor council should have any jurisdiction in matters regarding the estates and liberties of the subject, which should be tried in the ordinary tribunals of the country. The Council in early times consisted of the Chancellor, the Treasurer, the Justices of either bench, the Escheaters, the Serjeants, some of the principal Clerks of the Chancery, and other members nominated by the king, who were generally bishops, earls, and barons. The Star-chamber and Court of Bequests were both committees of Privy-council. The number of members, which had originally been 12, was gradually increased; and when the large number had become inconvenient, the sovereign sought the advice of a select body of the more influential among them.

Charles II. limited the number of councillors to 30, 15 of whom comprised the chief officers of state and the ex officio members, to whom were added 10 peers and 5 commoners named by the sovereign; and it was intended that the Council, thus remodelled, should practically resume its original duties, and have the control of every part of the executive administration. The Court of Privy-council has, however, long ceased to discharge the function of advising the crown on the general affairs of government and state policy, a select number of the body, under the denomination of the Cabinet Council, forming the recognized executive council of the crown. See MINISTRY. The list of privy-councillors now includes the members of the royal family, the Archbishops of Canterbury and York, the Bishop of London, the great officers of state, the Lord Chancellor and judges of the Courts of Equity, the Chief Justices of the Courts of Common Law, the Ecclesiastical and Admiralty Judges, and the Judge Advocate, several of the Puisne Judges, the Speaker of the House of Commons, the Ambassadors, some of the Ministers Plenipotentiary and Governors of Colonies, the Commander-in-chief, the Master-general of the Ordnance, the First Lord of the Admiralty, and generally also a Junior Lord of the Admiralty, as well as necessarily all the members of the Cabinet. The Vice-president of the Board of Trade, the Paymaster of the Forces, and the President of the Poor-law Board, are also generally members of the Privy-council; and sometimes other persons who have filled responsible offices under the crown. It is now understood that no members attend the deliberations of Council except those who are especially summoned. In ordinary cases, only the ministers, the great officers of the Household, and the Archbishop of Canterbury are summoned; but on some extraordinary occasions, summonses ore sent to the whole Council�this was last done to receive her Majesty’s communication of her intended marriage. Meetings of Council are usually held at intervals of three or four weeks at her Majesty’s residence; and the attendance of six privy-councillors at least, with one of the clerks of Council, is considered necessary to constitute a council.

A privy-councillor must be a natural-born subject of Great Britain. The office is conferred by the sovereign’s nomination, without any patent or grant, and complete by taking the oath of office. The duties of a privy-councillor, as defined by this oath, are�to the best of his discretion, duly and impartially to advise the king; to keep secret his council; to avoid corruption; to strengthen the king’s council in all that by them is thought good for the king and his land; to withstand those who attempt the contrary, and to do all that a true councillor ought to do to his sovereign lord. The office of privy-councillor formerly fell by the demise of the crown; but by 6 Anne, c. 7, the Privy-council continues to exist for six months longer, unless sooner determined by the successor. Immediately on the decease of the sovereign, the Privy-council now assembles and proclaims his successor, the Lord Chancellor affixing the Great Seal to the proclamation. The members of the Privy-council are then re-sworn as council of the successor, and take the oath of allegiance, after which a privy-council is held, and the sovereign makes a declaration of his designs for the good government of the realm, and subscribes the requisite oaths.

The king in Council, or a committee of the Lords of Council, have been empowered by various statutes to issue orders which are to have the force of law, parliament thus delegating its authority to regulate such matters as may be more conveniently regulated by Order in Council. In cases of extreme public emergency, at a time when parliament was not sitting, Orders in Council have sometimes been issued in contravention of the existing law, and the indemnification of parliament has afterward been sought. See ORDERS IN COUNCIL. The sovereign, with the advice of the Privy-council, is also empowered to issue proclamations, which, however, must be in accordance with, and in furtherance of, the law of the land. See PROCLAMATION.

Almost every act of importance done by the sovereign in person is performed in Council�such as declarations of, or public engagements by, the sovereign, and consent to marriages by members of the royal family. Among the functions of the Privy-council are also the appointment of sheriffs in England and Wales, and the issuing of orders for the laying on or removing of quarantine, or for granting reprisals, or for embargoes. The sovereign ‘in Council has still more ample authority in all that relates to the colonies, including the making and enforcing of laws in such colonies as have no representative assemblies; and approving or disallowing the legislative acts of such as do possess them.

A large part of the business of the Privy-council is transacted by committees, to which petitions and other matters are submitted by the queen in Council. Among the permanent committees of Privy-council are the Board of Council for Trade and Foreign Plantations (see TRADE, BOARD OF); the Committee of Council for Education, appointed in 1839, to distribute the sum voted annually for educational purposes; and the Judicial Committee of Privy-council. This last-named committee consists of the Lord President, Lord Chancellor, Lords Justices, Lords of Appeal, and other great judicial officers, as well as privy-councillors who have held such offices, with any two other privy-councillors who may be named by the sovereign. It was established by 3 and 4 Will. IV. c. 41, for the purpose of deciding certain questions of right of privilege, particularly with regard to the colonies, and hearing certain appeals. Among these were appeals from the Courts of Equity, colonial appeals, and the causes reviewed by the Court of Delegates. The powers of the Privy-council were enlarged by 6 and 7 Vict. c. 68. Part of its jurisdiction was, however, abolished by the Judicature Act of 1873 and subsequent years. This act still left, for a time, the Privy-council the Court of Appeal for the British colonies and dominions abroad, though it was provided that appeals thence should ultimately be referable to the newly constituted Court of Appeal (see appeal).

To the latter court were transferred appeals from the Court of Admiralty and in Orders in Lunacy. But the Privy-council is still the great court of appeal in ecclesiastical matters. The acts of committees of the Privy-council are designated Acts of the Lords in Council, in contradistinction from Orders in Council, made by the sovereign, who is personally present, by advice of the Privy-council. The crown may refer to a Committee of Council any petition or claim of right for which the ordinary tribunals afford no remedy. The Lords of Council constitute a Court of Record for the investigation of offences against the state, the offenders being committed for trial before the ordinary tribunals. Certain state investigations, not of a criminal kind, have also been held to fall within their jurisdiction, such as the inquiry into the insanity of George III., the claim of Queen Caroline to the crown as consort of George IV., and questions regarding alleged illegal marriages of the royal family.

The Privy-council is styled collectively ‘ Her Majesty’s most Honorable Privy-council.’ Privy-councillors are entitled to the designation ‘Right Honorable’ prefixed to their name, and take precedence next after Knights of the Garter. The personal security of a member of Privy-council was formerly guarded by certain statutes, visiting with fine a blow struck in his house or presence, and making it felony to conspire against him or assault him in the execution of his office; but these immunities were done away with by 9 Geo. IV. 31.

The Lord President of the Council is the fourth great officer of state, and is appointed by letters-patent under the Great Seal. The office is very ancient, and was revived, by Charles II. in favor of the Earl of Shaftesbury.

Scotland possessed a Privy-council, which was merged in that of England by 6 Anne, c. 6. There is a Privy-council for Ireland, which at present consists of 58 members, who are sworn pursuant to a sign-manual warrant directed to the Lord Lieutenant.