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Privy Council

committee, body, crown, judicial, qv, functions and cabinet

PRIVY COUNCIL. In England, the assem bly appointed by the sovereign to give advice on matters of state. In Anglo-Saxon times the kings had been advised by the \Vitenagemot, and in Norman times this became the Great Council. Naturally, the kings had more intimate coun selors, and they separated in time from the larger body to form the Privy Council. There are traces of such a body as early as the minority of Henry III., but the institution did not become definitely fixed until the minority of Richard 11. During the reign of Hemy V.

the name Privy Council first appears, and in the time of Henry VI. this became the official desig nation.

The period of the greatest power of the Privy Council was during the infancy of VI.

It came into frequent collision with Parliament, which was jealous of its power. Its sphere of action was very wide. As a deliberative body it gave advice to the Crown on political ques tions. It exercised legislative, judicial, and executive functions. Originally its judicial pow ers were very great. It frequently assumed cognizance of questions of private right; but in 1640 it was enacted that neither King nor Council should have any jurisdiction in matters regard ing the estates and liberties of the subject, which shonld be tried in the ordinary tribunals of the land. The Star Chamber (q.v.). as it was constituted under V11., was prac tically identical with the Council, except that the two Chief Justices were included among its mem bers.

After the Restoration the executive and con sultative powers of the Council began to decline.

Vain attempts were made by Clarendon and later by Sir William Temple to give it new' vigor. Since the reign of William ITT. the Cabinet, has gradually appropriated all of the political functions of the larger body of which it is legally a part. The Privy Council has ceased to advise the Crown regarding the gov ernment of the realm.

Since 1870 a privy councilor may be either a native or a naturalized subject of Great Britain.

The honor is conferred by the sovereign's nomi nation, without any patent or grant, and is com pleted by taking the oath of office. Among the large number of members of the Council are now included the princes of the royal family; the two archbishops: the Bishop of London: the judges of the House of Lords, the Judicial Com mittee, and the Court of Appeal; and all the Cabinet Ministers. The office of privy councilor'

formerly fell by the demise of the' Crown; but by an act of 1703 the Council continues to exist for six months longer unless sooner determined by the successor. Immediately on the decease of the sovereigh, the Council assembles and pro claims his successor, the Lord Chancellor affixing the great seal to the proclamation. The body is styled collectively 'His Majesty's most honorable Privy Council.' fhe councilors are entitled to the designation 'right honorable' prefixed to their names; and they take precedence next after Knights of the Garter. A council can be held only under the presidency of the sovereign. Every other assembly of the members, though they should all attend. is merely a 'committee.' The functions of the Council are either care fully defined by statute or they are exercised in virtue of the discretionary prerogative of the Crown. Some of them are of a formal o• cere monial character. In council, for example, a minister takes the official oath, a bishop does homage for the temporalities of his see, and the sheriffs for the counties are chosen. In certain cases of emergency proclamations may be issued in council; and under authority of Parliament Orders in Council (q.v.) have the force of law.

Furthermore, the administration of various spe cial laws of Parliament is intrusted to the Coun cil. A large part of the administrative business is transacted in committees, either temporary or permanent. Legally the Cabinet (q.v.) is but a committee of the Privy Council. Other standing committees are the Judicial Committee, the Board of Trade, the Local Government Board, the Educational Committee, the Agricultural Committee, and the Committee for the Considera tion of Charters of Incorporation under the Mu nicipal Corporation Act of 1882.

Ireland has a Privy Council of her own ; but the Privy Council of Scotland was merged in that of England in 1708.