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 OnnEns it CouNclr. The sovereign, with the advice of the privy-council, is also empowered to issue proclamations, wlich, however, must be in accordance with, and in furtherance of, the law of the land. 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 perma nent committees of privy-council are the board of council for trade and foreign planta tions (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 keeper of the great seal, the chief-justices, the master of the rolls, the chief baron, and other great judicial officers, with any two other privy-councilors who may be named by the sovereign. It was estab lished by 3 and 4 Will. 1V. c. 41, for the purpose of deciding certain questions of right or privilege, particularly with regard to the colonies, and hearing appeals in certain classes of cases, which, notwithstanding the above-cited act of Charles I., still fell under the jurisdiction of the privy-council. Among these are appeals from the courts of equity, colonial appeals, both at common law and in equity, as also those causes which, prior to its abolition by 2 and 3 Will. IV. e. 92, were reviewed by the court of delegates (see
DELEGATES, COURT OF); as the supreme court of appeal in ecclesiastical and maritime cases. The powers of the judicial committee of the privy-council have been enlarged and regulated by 6 and 7 Vict. c. 38. The powers possessed by the general board of health, instituted by 11 and 12 Vict. c. 18, and 17 and 18 Vict. c. 95, are now, by 21 and 22 Viet. c. 97, vested in the privy-council. The acts of committees of the privy-council are designated acts of the lords of the council, hi...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 offenses 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 be crowned as consort of George IV., and questions regarding illegal marriages of the royal family.
The privy-council is styled collectively "her majesty's most honorable privy-council." Privy-councilors 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. c. 31.
The lord president of the council is the fourth great officer of the state, and is appointed by letters-patent under the great seal. The office is very ancient, and was revived by Charles H. 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 members, who are sworn pursuant to a sign-manual warrant directed to the lord lieutenant.