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 com mittee, 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 offenses 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 coun try. The council, in early times, consisted of the chancellor, the treasurer, the justices of either bench, the escheaters, the sergeants, 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 requests 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 then,. Charles II. limited the number of councilors 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 remodeled, should practically resume its original duties, and have the control of every part of the executive administration. The court of privy-council In s, 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-councilors 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 com mons, the ambassadors, sonic of the ministers plenipotentiary and governors of colonies, the commander-in-chief, the master-general of the ordnance, the first lord of the admi ralty, 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 occasion summonses are sent to the whole council—this was last done to receive her majesty's communication of her intended marriage. Meetihgs of council are usually held at intervals of three or four weeks at her majesty's residence, and the attendance of six privy-councilors at least, with one of the clerks of council, is erect necessary to constitute a council.
A privy-councilor must be a natural-born subject of Great Britain. The office is conferred by the sovereign's nomination, without any patent or grant, and completed by taking the oath of office. The duties of a privv-councilor, as defined by this oath, are, to the best of his discretion, duly and impartially to advise the king; to keep secret his counsel; 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 councilor ought to do to ins sovereign lord. The office of privy-councilor 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 assem bles and proclaims his successor, the lord-chancellor affixing the great seal to the proclamation. The members of the privy-council are then resworn as council of the suc cessor 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 subscribe4 the requisite oaths.