Privy Council of the United Kingdom

“ A Privy Council is summoned for to-morrow, to which all the Privy Councillors are summoned; those of the Royal Family by letters from the Lord President. The physicians are ordered to attend, and questions will be put to [Pg 28] them, to which they will be to give their answers on Wednesday. It is then meant, that on Friday, the Lord President in the House of Lords, and Pitt in the House of Commons, should communicate these questions and answers, but not as a message, from the Privy Council. We hope that Parliament will be disposed to proceed, without any inquiry, by themselves ”

“ Whereas Your Majesty, by Your Majesty’s Royal Message to both Houses of Parliament, has recommended that Parliament should review the provision made for the delegation of royal functions to Counsellors of State in the event of the Sovereign's illness or absence or intended absence from the United Kingdom, and should consider whether it be not expedient to make provision far including among such Counsellors the person who is the heir apparent or heir presumptive to the Throne if that person, although not of full age, is of such age that his accession would not necessitate a Regency ”

“ And, though the exercise of the power is in some cases just as unlikely as the exercise of the power of the Crown to refuse assent to a bill that has passed both Houses, still the Parliament of the United Kingdom has never formally given up its right to legislate for any part of the dominions of the sovereign of the United Kingdom. ”

“ The Act ‘for placing the Lords’ restrains the Queen from granting any precedence in Parliament or in the Council, over any of the Royal and official personages and others, who have places assigned to them therein. She may make any man a Privy Councillor, but she cannot authorise him to sit in a higher place than that to which he is by law entitled, or above those whose places are marked out by the statute. ”

“ It is found impossible for parliament to enact long and intricate 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. ”

“ You will not know or understand of any manner of thing to be attempted, done or spoken against Her Majesty’s Person, Honour, Crown or Dignity Royal, but you will lett and withstand the same to the uttermost of your power, and either cause it to be revealed to Her Majesty Herself, or to such of Her Privy Council as shall advertise Her Majesty of the same. You will in all things to be moved, treated and debated in Council, faithfully and truly declare your Mind and Opinion, according to your Heart and Conscience ”

“ They represent, or are intended to represent, the nation. The Parliament is, in theory, the nation, assembled at the king's command, to give him their advice. The Privy Council, on the other hand, represents the king. It is the king's Privy Council. They act in his name. They follow his directions when he chooses to give any. Whatever they decide upon and decree, the king signs—often, indeed, without any idea of its nature. Still he signs it, and all such decrees go forth to the word as the king's orders [Pg 86] in council. ”

“ But, in order to prevent any persons under foreign attachments from insinuating themselves into this important trust, as happened in the reign of king William in many instances, it is enacted by the act of settlement [m] , that no person born out of the dominions of the crown of England, unless born of English parents, even though naturalized by parliament, shall be capable of being of the privy council. ”

“ It is a curious illustration of the functions of the Privy Council as a household board that, during the whole of Elizabeth's time and the greater part of that of James, the actors could not get their fee or 'reward', except through the medium of a formal warrant addressed by that body to the Treasurer of the Chamber. ”

“ Succession to the Crown Act 2013 (c. 20) , an UK Act that implements the Perth Agreement by changed the laws of succession of the British throne, and required sovereign consent for certain royal marriages. ”

“ You have only to imagine the Privy Council as consisting of men of the world highly endowed with common sense, to persuade yourself that the supplementing of the law by the common sense of the Privy Council would settle the whole difficulty. ”

“ The new Privy Council have a Republican spirit, manifestly undermining all future succession of the Crown and prosperity of the Church of England, which yet I hope they will not be able to accomplish so soon as they expect, though they get into all places of trust and profit. ”

“ What seems to be required ultimately at Westminster is a small Parliament devoted to Imperial affairs—Imperial finance, Imperial legislation, and Imperial administration—and leaving to subordinate Parliaments the administration of local matters. Many are firmly convinced that in that way the United Kingdom would become a more successful and efficient country, with legislation better adapted to the needs of its inhabitants, and with a mind more free for the consideration of great Imperial affairs. ”

“ The ambiguity of his position at home was brought home to him in April, when he was requested to preside, for the first and only time in his career of heir-apparent, over the privy council. Since 1880, when Queen Victoria had made it her practice to spend the spring in the The prince Riviera, a commission had been and the privy privately drafted empowering the prince and some of the ministers to act, in cases of extreme urgency, on her behalf in her absence from the council. ”

“ And to this extent I am inclined to hope that the general opinion will bear us out; but we must be extremely cautious that we do nothing which shall bear in the public estimation the appearance of wishing to establish ourselves under this pretence in the continuance of our power in opposition to the Prince of Wales, in whom we are to propose the supreme authority to be vested. All the precedents, as far as they apply to this case, would justify the appointment of a Council of Regency, to be named by Parliament, by the majority of which the Regent would be bound. ”

“ A Regent must take the oaths of the Sovereign, except the Coronation Oath, and may exercise any of the powers of the Sovereign, except assent to any bill for changing the order of succession to the Crown as defined by the Act of Settlement 1700 or for repealing or altering the Act preserving the presbyterian system of Church government in Scotland. ”

“ Upon these points the Privy Council debated long and eagerly, if not altogether wisely. Men are slow to confess even to themselves that they have been imposed upon, and the State Council had months before by an overwhelming majority declared its faith in the integrity of the claimant. ”

“ It provided that commissioners for England appointed by the Queen under the great seal shall have power "to treat and consult" with commissioners for the same purpose "authorized by authority of the Parliament of Scotland." The statute of the Parliament of Scotland completing the adjustment, with the short title "Act for a treaty with England," authorizes such persons "as shall be nominated and appointed by her majesty under the great seal of this kingdom" to treat and consult with "the commissioners for England." ”

“ And though the Privy Council had at first promoted the movement by its connivance, it immediately withdrew it, as soon as it was perceived that the centre of gravity of ecclesiastical and political life was to be placed in the General Assemblies independently of the government: from that time most official persons severed themselves from the leaders of the nobility. ”

“ I will have no private interrogatories, which are but tricks and entanglements unknown to the law of England."
"Lady, lady," cried one of the Councillors, "you are very rash. It is a well-established principle, that a refusal to answer questions before the Privy Council, touching matters wherein the interest of the state is concerned, is a contempt of the King's prerogative."
"Show me a case," exclaimed the Countess. "You say it is well established--produce an instance where it has been so adjudged ”

“ Learned in human nature, the English constitution holds out privilege to every subject as the inducement to do his duty. As it has secured freedom, justice, and even property to the humblest of the commonwealth, so, pursuing the same system of privileges, it has confided the legislature of the realm to two orders of the subjects—orders, however, in which every English citizen may be constitutionally enrolled—the Lords and the Commons. The two estates of the Peers are personally summoned to meet in their chamber: the more extensive and single estate of the Commons meets by its representatives. ”

“ The king himself proposed that he should be invested with power, from time to time, by instruments under his sign manual, to appoint either the queen or any other person of the royal family, usually residing in Great Britain, to be guardian of his succession and regent of the kingdom, until his successor should have attained his eighteenth year. A bill to this effect was carried in the upper house, but in the commons a motion was made requiring the king to name those persons whom he would intrust with so important a charge. ”

“ In monarchies, the only practical resistance, which the judiciary can present, is to the usurpations of a single department of the government, unaided, and acting for itself. But, if the executive and legislative departments are combined in any course of measures, obedience to their will becomes a duty, as well as a necessity. Thus, even in the free government of Great Britain, an act of parliament, combining, as it does, the will of the crown, and of the legislature, is absolute and omnipotent. ”