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ordinary way, either from the greatness of the disputants, through private oppression, or because no other means existed, resort still remained to the Crown, either in the first instance or when all other courses had failed the petitioner. Relieved of financial detail and the bulk of its judicial work, the curia continued to develop on the lines of an advisory and administrative council.

Becoming prominent as a council of regency during the minority of See also:

Henry III., it quickly assumed definite See also:

FORM (Lat. forma)

form as the concilium regis. Under See also:

EDWARD

Edward I. " its members take an See also:

OATH (0. Eng. ddh)

oath; they are sworn of the council—See also:

SWEARING (O. Eng. swerian, to swear, originally to speak aloud, cf. andswerian, to answer, Ger. schworen, Dan. svaerge, &c., all from root sorer-, to make a sound, cf. " swarm," properly the buzzing of bees, Lat. susurrus)

swearing to give See also:

GOOD, JOHN MASON (1764-1827)

good See also:

ADVICE (Fr. avis, from Lat. ad, to, and visum, viewed)

advice, to protect the king's interests, to do justice honestly, to take no gifts " (See also:

Maitland, Const. Hist. p. 91). At this period in addition to the See also:

GREAT

great officers of state the See also:

JUDGES, THE BOOK OF

judges and a number of bishops appear among the members. One of the most important duties of the council was to advise the Crown in matters of legislation. During the fourteenth and fifteenth centuries, ordinances in subordinate matters appear to have been made regularly by the king in council and accepted as legal by See also:

PARLIAMENT (Anglo-Lat. parliamentum, Fr. parlement, from parler, to speak)

parliament and by the judges. In early See also:

PARLIAMENTARY

parliamentary days it was also See also:

PART

part of the council's See also:

DUTY (from " due," that which is owing, O. Fr. deu, dil, past participle of devoir; Lat. debere, debitum; cf. " debt ")

duty to put into legislative form the petitions sent up by the See also:

COMMONS

Commons. Frequently the See also:

STATUTE

statute in its final form did not correspond with the See also:

PETITION (Lat. for " seeking " or " praying ")

petition, and the Commons were continually complaining of the council's unwarrantable interference. Eventually by the reign of Henry VII. the council had ceased to interfere, the petitions being See also:

DRAWN

drawn in the form of a See also:

BILL

bill, and enacted without alteration. During the 14th See also:

CENTURY (from Lat. centuria, a division of a hundred men)

century the aoncilium regis had become definitely distinct as well from parliament as from the courts of See also:

law.

Under Henry IV. in 1404 the council numbered nineteen—three bishops, nine peers and seven commoners. The members held office at the king's See also:

PLEASURE (through Fr. plaisir from Lat. placere, to please; Gr. rlbovii)

pleasure, they are sworn to give their best advice and are well paid for their work. They meet continually, though the king is often absent, but their proceedings are committed to See also:

writing. Maitland (Const. Hist. p. 199) sums up the work as follows: " The See also:

FUNCTION

function of the Council is to advise the King upon every exercise of the royal power. Every sort of See also:

ordinance, See also:

LICENCE (through the French from Lat. licentia, licere, to be lawful)

licence, See also:

PARDON (through the Fr. from Late Lat. perdonare, to remit a debt or other obligation on a penalty)

pardon, that the King can issue is brought before the Council. Sometimes Parliament See also:

TRUSTS

trusts it with extraordinary powers of legislation and See also:

taxation; to raise loans and the like. It is to the advice of the Council that the King looks in all his financial difficulties." The powers of the council naturally varied with the See also:

CHARACTER (Gr. xapareri7p, from xap&crew, to scratch)

character of the king. Quiescent and obedient under a strong king, its See also:

INFLUENCE (Late Lat. influentia, from influere, to flow in)

influence was re-asserted under a weak one; and when See also:

INFANT (in early forms enfaunt, enfant, through the Fr. enfant, from Lat. infans, in, not, and fans, the present participle of fari, to speak)

infant See also:

KINGS, FIRST AND SECOND BOOKS OF

kings sat on the See also:

THRONE

throne, for all See also:

PRACTICAL

practical purposes it became the ruler of the See also:

LAND

land. In spite of the existence of See also:

REGULAR

regular courts of law the council continually interfered with affairs of justice. Many attempts were made by it to set aside or to disregard the judgments of the ordinary courts, but by the beginning of the 15th century parliament had forcibly intervened, and the council gave in.

Repeatedly statutes were passed during the reign of Edward IV. and his son the Commons are found still petitioning against the practice. Yet during the period under See also:

REVIEW (Fr. revue, from revoir, to see again, Lat. re and videre)

review parliament is continually enacting that certain offenders are to be punished by and at the discretion of the council. Evidently such a tribunal, quickly and informally constituted, See also:

BOUND, or BOUNDARY (from O. Fr. bonde, Med. Lat. bodena or butina, a frontier line)

bound by no legal rules and See also:

MAXIMS, LEGAL

maxims, proved a useful See also:

engine for See also:

sharp and speedy See also:

PUNISHMENT (from Lat. punire, to punish, from poena, punishment, Gr. 7rocvil)

punishment. In 1487 was passed an See also:

ACT (Lat. actus, actum)

act (3 See also:

Hen. VII. c. 1) which is accounted the creator of the Court of See also:

STAR

Star Chamber. See also:

PERJURY (through the Anglo-Fr. perjurie, modern parjure, Lat. perjurium, a false oath, perjurare, to swear falsely)

Perjury, See also:

RIOT (0. Fr. riote, of uncertain etymology)

riot, See also:

BRIBERY (from the O. Fr. briberie, begging or vagrancy, bribe, Mid. Lat. briba, signifying a piece of bread given to beggars; the Eng. " bribe " has passed through the meanings of alms, blackmail and extortion, to gifts received or given in order to influ

bribery of jurors and misconduct of officials had grown rife, and the act authorizes certain members of the council to See also:

CALL (from Anglo-Saxon ceallian, a common Teutonic word, cf. Dutch kallen, to talk or chatter)

call offenders before it, to examine them, and if satisfied of their See also:

GUILT

guilt, to punish them. In later years a See also:

COMMITTEE (from commute, an Anglo-Fr. past participle of commettre, Lat. committere, to entrust; the modern Fr. equivalent comite is derived from the Eng.)

committee of the council appear to have sat and exercised a widely extended criminal See also:

jurisdiction, inflicting every See also:

KIND (O. E. ge-cynde, from the same root as is seen in " kin," supra)

kind of punishment See also:

SHORT, FRANCIS JOB (1857– )

short of the See also:

DEATH

death See also:

PENALTY (Lat. poena, punishment)

penalty. This See also:

BODY

body became known as the Court of Star Chamber and remained in existence until its abolition by act of parliament in 1641. During the 14th century many petitions See also:

RELATING

relating to See also:

CIVIL

civil disputes were presented to the council and were frequently taken into See also:

CONSIDERATION (from Lat. considerare, to look at closely, examine, generally taken to be from con-, and the base seen in sidus, sideris, a star, the word being supposed to be originally an astrological or astronomical term)

consideration by it on the ground that extraordinary remedies were required, either from lack of legal form or owing to influential private oppression. Eventually where the courts could decide, it became the practice of the council not to interfere, but where no See also:

RELIEF

relief could be obtained the council passed the petition on to the chancellor. In course of See also:

time the petitions went See also:

DIRECT

direct to the chancellor, and in this manner the See also:

EQUITY (Lat. aequitas)

equity jurisdiction of the court of See also:

CHANCERY

chancery was established.

The act of 1641, which abolished the Court of Star Chamber, also formally forbade the council to meddle with civil causes. During the Tudor period the council grew in importance; it became useful to the Crown as a vehicle for straining See also:

PREROGATIVE

prerogative to the utmost. By the act 31 Hen. VIII. the king's See also:

PROCLAMATION (Lat. proclamare, to make public by announcement)

proclamation acquired the force of law, and for a short period the king in council had concurrent legislative power with parliament. Henry's statute was repealed by 1 Edw. VI. c. 12 and the legislative supremacy of parliament re-established. In 1553 the council numbered See also:

FORTY

forty members—four bishops, fourteen peers and the See also:

REST (O. Eng. rest, reste, bed, cognate with other Teutonic forms, e.g. Ger. Rast, Riiste, rest, and probably Gothic Rasta, league, i.e. resting or stopping place)

rest commoners. The increase in tt-e number of its members, the direct and often See also:

INDEPENDENT

independent communication between the Crown and its secretaries, and the strong See also:

PERSONALITY (from Lat. persona, originally an actor's mask, from personare,1 to sound through)

personality of the Tudor sovereigns quickly reacted on the work of the council. It had become too large for consultative purposes and the See also:

SOVEREIGN

sovereign began a practice, which quickly grew, of consulting only its important members. In this way, within the councilitself, there appears a small inner See also:

RING (O.E. hring; a word common to Teutonic languages; and probably cognate with the Lat. circus, Gr. KtpKOS or KpLKOS, Skt'. chakra, wheel, circle, cf. also " harangue "); in art, a band of circular shape of varying sizes, made of any material and used f

ring—a true privy council—the, See also:

PARENT, SIMON NAPOLEON (1855– )

parent of the See also:

CABINET

cabinet of later days. The struggle of See also:

James I. and See also:

Charles I. for See also:

ABSOLUTE (Lat. absolvere, to loose, set free)

absolute power and finally the See also:

REBELLION

Rebellion, ended by leaving the council for the time being impotent.

The act of 1641 had not only abolished its See also:

SPECIAL

special criminal jurisdiction but forbade its interference in civil cases, while the growth of the Secretariat had gradually removed the bulk of its administrative powers. In the end there was little See also:

LEFT

left for it but occasional meetings to give legal See also:

SANCTION (Lat. sanctia, from sancire, to decree or ordain)

sanction to orders it had no concern with, and on the judicial See also:

side to act as a court of final resort in See also:

ADMIRALTY, HIGH COURT OF

Admiralty matters and for all civil and criminal appeals from the courts of the Crown's dominions beyond the seas. In the reign of Charles II. an See also:

ATTEMPT (Lat. adtemptare, attentare, to try)

attempt was made to revive the usefulness of the council. A See also:

SCHEME (Lat. schema, Gr. oxfjya, figure, form, from the root axe, seen in exeiv, to have, hold, to be of such shape, form, &c.)

scheme was prepared by See also:

Sir See also:

William See also:

Temple in 1679 and accepted by the king. A representative council of See also:

THIRTY

thirty members came into being and attempted to carry out the new scheme, but the king, after a short trial, held to his old See also:

OPINION (Lat. opinio, from opinari, to think)

opinion that the See also:

numbers of the council made it " unfit for the secrecy and despatch which are necessary in many great affairs." Once more the king returned to his confidential committee, his See also:

CABAL (through the Fr. cabale from the Cabbala or Kabbalah, the theosophical interpretation of the Hebrew scriptures)

cabal, out of which the cabinet of the future grew. Under William III. See also:

FACTION (through the French, from Lat. factio, a company of persons combined for action, facere, to do; from the other French derivative facon comes " fashion ")

faction flourished and made See also:

general agreement at the council See also:

BOARD (O. Eng. bord)

board impossible. "See also:

George I., ignorant of the English See also:

LANGUAGE (adapted from the Fr. langage, from langue, tongue, Lat. lingua)

language, never appeared at its meetings, with the result that the direction of affairs passed into the hands of a committee of ministers—the cabinet. Although the true privy council is the cabinet, the name is to-See also:

day given collectively to a large number of eminent See also:

PEOPLE

people whose membership and position are titular only. All members of the cabinet if not already privy councillors become so on See also:

APPOINTMENT, POWER OF

appointment to cabinet office. Occasionally, subordinate members of the See also:

MINISTRY

ministry and some of its private supporters are made privy councillors as a special distinction. The See also:

lord chancellor, the lords of See also:

APPEAL

appeal in ordinary, the See also:

PRESIDENT (Fr. president, from Lat. praesidens, post-Augustan Lat. for praeses, director, ruler, from praesidere, to sit in front of, preside)

president of the See also:

PROBATE

probate See also:

DIVISION (from Lat. dividere, to break up into parts, separate)

division, the lord president of the court of session in See also:

Scotland, the 'lord justice clerk and the lord See also:

ADVOCATE (Lat. advocatus, from advocare, to summon, especially in law to call in the aid of a counsel or witness, and so generally to summon to one's assistance)

advocate of Scotland are always privy councillors, as are the archbishops of See also:

Canterbury and See also:

York and the See also:

bishop of See also:

LONDON

London. In 18g7 all the premiers of the self-governing colonies were made privy councillors.

Of See also:

RECENT

recent years, retired ambassadors, judges, retired civil servants and persons distinguished in See also:

SCIENCE (Lat. scientia, from scire; to learn, know)

science, letters and arts have been appointed. The See also:

CUSTOM (from O. Fr. costume, costume or coustume; Low Lat. costuma, a shortened form of consuetudo)

custom seems also to be growing of using the See also:

HONOUR (Lat. honos or lwnor, honoris; in English the word was spelled with or without the u indifferently until the 17th century, but during the 18th century it became fashion-able to spell the word " honor "; Johnson's and Webster's Dictionaries stereoty

honour of privy councillor to See also:

REWARD

reward See also:

POLITICAL

political supporters who do not wish for hereditary titles. The collective See also:

TITLE (0. Fr. title, mod. titre, from Lat. titulus)

title of the council is " the Lords and others of His See also:

MAJESTY (Fr. majeste; Lat. majestas, grandeur, greatness, from the base mag-, as in magnus, great, major, greater, &c.)

Majesty's Most See also:

HONOURABLE (Fr. honorable, from Lat. honorabilis, worthy of honour)

Honourable Privy Council." The members are addressed as " Right Honourable " and See also:

WEAR

wear a state See also:

UNIFORM

uniform. The appointment is informal, the new privy councillor simply being invited by the king to take his seat at the board. He is then sworn in, and his name placed on the See also:

list. Office lasts for the See also:

LIFE

life of the sovereign and six months after, but it is the See also:

MODERN

modern custom for the new sovereign to renew the appointment. Meetings of the whole council are held at the beginning of a new reign or when the reigning sovereign announces his or her See also:

MARRIAGE

marriage. The lord See also:

mayor of London is then summoned to attend. The whole council might also be summoned on other occasions of state and ceremony. The formal meetings of the council are attended by the few councillors concerned with the orders to be issued. These are generally ministers or officials. The chief officer of the council is the lord president, now a cabinet See also:

MINISTER (Lat. minister, servant)

minister of the highest See also:

RANK (O.Fr. rant or rent, mod. rang, generally connected with the O.E. and O.H.G. bring, a ring)

rank, but without departmental duties.

The office of clerk of the council dates from 1540 and his See also:

SIGNATURE (through Fr. from Lat. signature, signare, to sign, signum, mark, token, sign)

signature is necessary to authenticate all orders. The administrative work of the council has always been done through committees, and during the last two centuries in spite of changed conditions this See also:

RULE

rule has been preserved in theory. The board of See also:

trade, the See also:

LOCAL

local government board, the See also:

EDUCATION

education department and the board of See also:

agriculture were all committees of the council. Now, of course, these so-called committees are state departments presided over by ministers responsible to parliament. The existing jurisdiction of the council ,is both administrative and judicial. Administrative.—T his jurisdiction depends chiefly upon statutory authority, which practically makes of the privy council a subordinate legislature. It is found impossible for parliament to enact long and intricate See also:

MEASURES

measures dealing with departmental detail, hence a general measure is passed and the privy council is authorized under the act to draw up orders in council which of course have the full force of law. This power is exercised usually by committees to which matters are referred by the Crown in council, the departments of state concerned settling the details. Other examples of administrative work are the See also:

UNIVERSITIES

universities committee, with temporary powers under the Universities Act (1877), and the committee of council for the consideration of charters of See also:

INCORPORATION (from Lat. incorporare, to form into a body)

incorporation under the Municipal Corporations Act (1882), the latter a work of considerable difficulty and delicacy and usually carried out in See also:

close consultation with the local government board. Cases affecting the constitutional rights of the Channel Islands are referred to a committee for the affairs of See also:

Jersey and See also:

GUERNSEY (Fr. Guernesey)

Guernsey. The committees See also:

REPORT (O.Fr. report or raport, modern rapport, from O.Fr. reporter, mod. rap porter, Lat. reportare, to bring back, in poetical use only, of bringing back an account, news, &c.)

report to the Crown in council, and their report is adopted and enforced by an See also:

order in council published in the See also:

GAZETTE

Gazette. Among other acts conferring administrative powers on the privy council are the See also:

PHARMACY

Pharmacy Act (1852), as amended by 31 & 32 Vict.

C. 121, the Medical Act (1858), the See also:

FOREIGN

Foreign Enlistment Act (187o), the Destructive See also:

INSECTS

Insects Act (1877), the Contagious Diseases (Animals) Act (1878), the Dentists Act (1878) the Veterinary Surgeons Act (1881). Judicial.—By the 3 & 4 Will. IV. c. 41 a judicial committee of the council was constituted. It consists of all the members of the council holding or having held the office of lord president or lord chancellor or certain high judicial offices enumerated in the act. By the Appellate Jurisdiction Acts of 1876 and 1887 other high judicial offices are included. All the lords of appeal in ordinary are members of the committee. Under the act of 1833 the king may also appoint any other two persons, being councillors. By the acts of 1833 and 1887 two persons having been See also:

INDIAN

Indian or Colonial judges may be appointed, and such appointments carry an See also:

ANNUAL

annual See also:

SALARY

salary of £400. By an act of 1895 any of the chief justices of certain colonies who are also privy councillors may be appointed to the committee, but not more than five such appointments may be made. Under this act certain colonial chief justices now sit.

In appeals under the See also:

Clergy Discipline Acts three bishops sit as assessors. In colonial Admiralty appeals two nautical assessors attend. These assessors are merely technical advisers, and have no part in any decision. Appeals also See also:

lie from consular courts and See also:

PRIZE, or PRIZE OF WAR (Fr. prise, from prendre, to take)

prize courts. The decisions of ecclesiastical courts are subject to review by the committee, the sovereign being the " supreme See also:

GOVERNOR (from the Fr. gouverneur, from gouverner, O. Fr. governer, Lat. gubernare, to steer a ship, to direct, guide)

governor " of the See also:

Church, but no appeal is competent where the See also:

case is one for the exercise of the bishop's discretion. In these ecclesiastical cases the committee does not profess to expound and See also:

settle See also:

DOCTRINE

doctrine with ecclesiastical authority: it merely interprets the See also:

LAWS

laws of the Church. In matters relating to See also:

RITUAL (from Lat. ritus, a custom, especially a religious rite or custom)

ritual history and precedents are taken into See also:

account. Appeals also lie from See also:

VICE

vice-admiralty courts abroad, the Channel Islands, the Isle of See also:

Man, See also:

India and all the colonies. As a rule they lie as of right when the value of the See also:

MATTER

matter at issue is of a certain amount (the amount varying according to the appeal rules of the different foreign possessions) and in a few other cases: Recent legislation, at the instance of the colonies, has to some extent further restricted the right to appeal. Appeals lie at the discretion of the committee on leave being obtained by petition for special leave to appeal. All proceedings are by petition (see PETITION) which is addressed to the Crown in council in the first instance. The judicial proceedings of the council are in reality conducted like an ordinary case in the courts of law.

Counsel are heard, and the ordinary rules of law and legal practice followed, and See also:

COSTS

costs taxed. See also:

JUDGMENT

Judgment is given by See also:

motion which takes the form of advice to the Crown, and whatever may have taken See also:

PLACE (through Fr. from Lat. platea, street; Gr. IrAar6s, wide)

place privately in discussion between the members, outwardly the committee is unanimous. Within recent years it has been suggested that the appellate jurisdiction of the See also:

House of Lords and the privy council should be coalesced, and thus constitute one final court of appeal for the whole See also:

EMPIRE

empire. Besides the appellate there exists in the sovereign in council an See also:

ORIGINAL

original jurisdiction in questions concerning boundaries between dependencies, the extent of charters and the like. Until recently the council dealt with the petitions to extend the time See also:

PATENTS

patents were protected, but this work has now been given by statute to the controller-general of patents. See also:

Ireland has its own privy council. The lord-See also:

LIEUTENANT

lieutenant takes the place of the Crown. There is little real work and the distinction of membership is titular as in See also:

England. Scotland has had no privy council since the Act of See also:

Union which provided for one council for Great See also:

BRITAIN (Gr. Hperavuml vi7vot, Bperravia; Lat. Britannia, rarely Britannia)

Britain. See also:

BRITISH

British colonies with parliamentary government have cabinets or committees of ministers, borrowed from the English See also:

MODEL (0. Fr. modelle, mod. modele; It. modello, pattern, mould; from Lat. modus, measure, standard)

model, but no privy council. In See also:

France, before the Revolution, the king had a council which See also:

BORE

bore some resemblance to the English type (see FRANCE: Law and Institutions). In See also:

Germany a privy council " (Geheimes Rats-Kollegium, Geheimes Conseil, Staatsrat), which under the See also:

prince formed the supreme See also:

ORGAN

organ of government, formerly existed in the various states of the empire, and out of this the ministries developed in the 17th century.

Thesewere originally committees of the council (Geheime Konferenz, Geheimes Kabinett, &c.) which, as in England, gradually absorbed its functions. In some of the See also:

German states, however, it still survives as the " council of state " (Staatsrat) and in See also:

WURTTEMBERG

Wurttemberg as " privy council " (Geheimer See also:

RAT (a word common to Teut. and Rom. languages; probably first adopted in Teut.; the ultimate origin is not known; Skeat suggests the root rad-, to scratch; cf. Ger. Ratte, Dan. rotte, Fr. rat, &c.)

Rat). The title Wirklicher Geheimer Rat (real privy councillor), with the predicate Excellenz is given to the highest officials. That of Geheimer Rat simply is very generally, e.g. in See also:

Prussia, given to high officials, usually with the addition of the See also:

BRANCH (from the Fr. branche, late Lat. branca, an animal's paw)

branch of the service to which they belong, e.g. Geheimer Finanzrat, Geheimer Justizrat. The title is also sometimes purely honorary, e.g. that of Geheimer Commerzienrat, bestowed on eminent men of business. (G.

End of Article: PRIVY COUNCIL

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