Privy Council

“ The Privy Council, of course, would have its meetings, its officers, its records, its rules of proceeding, and its various usages, and these grew, in time, to be laws and rights; but still it was, in theory, only a sort of expansion of the king, as if to make a kind of artificial being, with one soul, but many heads and hands, because no natural human being could possibly have capacities and powers extensive and multifarious enough for the exigencies of reigning. Charles thus had a council who took charge of every thing, except so far as he chose to interpose. ”

“ 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. ”

“ 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. ”

“ 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 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. ”

“ Legally some of the executive powers are indeed vested in the Crown in Council—that is, in the King acting with his Privy Council—but as the Council has no independent authority, and consists, for practical purposes, of the principal ministers appointed by the Crown, even these powers may be said to reside in the Crown alone. ”

“ The only relic of its ancient authority in criminal matters is its power of taking examinations, and issuing commitments for treason. It still, however, continues to exercise an original jurisdiction in advising the Crown concerning the grant of charters, and it has exclusively assumed the appellate jurisdiction over the colonies and dependencies of the Crown, which formerly appertained to the Council in Parliament. Theoretically, the Privy Council still retains its ancient supremacy, and in a constitutional point of view is presumed to be the only legal and responsible Council of the Crown. ”

“ The Privy Council may boast a membership exclusively of patriots, proved in the fire, men who have in reality sought above all things their country’s welfare, the advancement of their ruler’s legitimate interests and the maintenance of his rights and prerogatives unimpaired. ”

“ But the principal council belonging to the king is his privy council, which is generally called, by way of eminence, the council. And this, according to sir Edward Coke’s description of it [9] , is a noble, honorable, and reverend assembly, of the king and such as he wills to be of his privy council, in the king’s court or palace. The king’s will is the sole constituent of a privy counsellor ”

“ That the same Council may have power as the King's Privy-Council, for and in all foreign Negotiations; provided that the making of War or Peace with any other Kingdom or State shall not be without the Advice and Consent of Parliament. ”

“ 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. ”

“ The genius of sixteenth century statesmanship lay in administration not in legislation. It dwelt not in Parliament but in the Council, and in those administrative courts, the Court of Star Chamber, the Court of Requests, the Council of the North, the Council of Wales, which were the Privy Council’s organs. In studying economic questions in the sixteenth and early seventeenth centuries, one is met at every turn by the apparatus of special administrative jurisdictions, which was built up by the Tudors, and which fell to pieces with the final rupture between the Crown and Parliament. ”

“ 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. ”

“ 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. ”

“ 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 felt, and justly so, that inexperience in the intricate problems of commerce and colonies and preoccupation with domestic politics and foreign affairs made it impossible for the Privy Council to be an alert, constant, and competent colonial department. They urged as a remedy the erection of a special board of skilled personnel, to sit continuously and aloof from politics, to advise the king and council on the affairs of trade and plantations. ”

“ 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. ”

“ The Crown Prince at once assumed the presidency of the council, and, turning to four Privy Councillors—Moltke, Guldberg, Stemen and Rosencrone—declared that the King no longer required their services. At the same time he announced the dismissal of three other members of the Government. He then broke up the meeting, and endeavoured to follow his father, but finding the door locked which led to the King’s apartments, he went round another way. ”

“ The Privy Council is prohibited from having any correspondence on public matters with private individuals, or with any officials but Ministers and Vice-Ministers. The President presides. Two-thirds of the members must be present to form a quorum. Votes are given openly, resolutions are carried by a majority, and any Council- lor dissenting from a resolution so carried has a right to have his reasons recorded in the minutes. ”

“ At the same time, however, that both our Secretaries of State, many of our Privy Councillors, war Councillors, forest Councillors, and finance Councillors, are to be reckoned among the second class, still not one of these exalted individuals, who from their situations are necessarily in constant personal communication with the Sovereign, ever see that Sovereign except in his Cabinet and his Council-Chamber. ”

“ When the reasons urged by these ministers had been stated, the assembled body declared that the introduction of the Liturgy would disturb the peace of men’s consciences and the harmony of the country. They called upon the Privy Council to represent to the King the importance of the matter, which they said he ought not to regard as an ordinary tumult, and to prevail upon him not to tamper with the religion they professed. The Privy Council accepted the petition, which had the assent of its lay members ”