Privy Councillor

“ The secretary, who was the first to rise in reply, even in refuting a part of his excuses, did him justice in other points, and treated him on the whole with great courtesy. Finally, it was the unanimous censure of the council, that the-456-
-vol ii- earl should abstain from exercising the functions of privy-councillor, earl marshal, or master of the ordnance; that he should return to his own house, and there remain a prisoner as before, till it should please her majesty to remit both this and all the other parts of the sentence. ”

“ His distinctions, conferred by foreign governments and learned societies, were innumerable, and, having been naturalized shortly after his arrival in England, he received the high honour of being made a privy councillor. ”

“ Anybody who is entitled to both personal and official precedence is to be placed according to that which implies the higher rank. If, for example, a baron and a baronet are both privy councillors, the precedence of the first is that of a baron and the precedence of the second is that of a privy councillor. ”

“ 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 ”

“ 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 ”

“ 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. ”

“ In his own case, while refusing all simple titular honours, he accepted the Privy Councillorship, because, though incidentally carrying a title, it was an office; and an office in virtue of which a man of science might, in theory at least, be called upon to act as responsible adviser to the Government, should special occasion arise. ”

“ 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. ”

“ Privy Councillors. committee of the Privy Council, consisting of Lord Chancellor Bacon, Archbishop Abbot, Lord Worcester, Coke, since November, 1616, no longer Chief Justice, Cæsar, and Naunton. The examinations were not directed in a way either to do justice to the prisoner, or to elicit the truth, so far as can be discovered from the records of them. Those among the Lords Commissioners who desired something more than merely to extricate their master from a diplomatic difficulty, were incapacitated by an invincible prejudice. ”

“ 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. ”

“ 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. ”

“ 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. ”

“ 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. ”

“ 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. ”

“ 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. ”

“ 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 ”

“ 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. ”

“ 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. ”

“ 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. ”

“ By legal stipulation one of the secretaries of state must sit in the upper house; and the Lord Privy Seal, the Lord Chancellor, and the Lord President of the Council are all but invariably peers. Beyond this, there is no positive requirement, in either law or custom. In the ministries of recent times the number of peers and of commoners has generally been not far from equal. ”

“ The subject of responsible government was discussed at length in the assembly during the session of 1847, and an address to the Queen on the subject was adopted by the house, in which it was represented that the lieutenant-governor or administrator of the colony should be alone responsible to the Queen and imperial parliament for his acts, that the executive council should be deemed the constitutional advisers of the representative of Her Majesty, and that when the acts of the administrator of the government were such as the council could not approve, they should be required to resign. ”

“ As the Viceroy is held to be personally responsible to Parliament for the administration of India, his opinions usually prevail in Council, and those Councillors who are wise in their generation concur with their lord and master, whilst there remains to the unconvinced and independent Councillor the privilege of recording his dissent, for his own satisfaction, and sometimes in the pleasing hope that his minute may be laid before Parliament and read by a sympathising British public. ”

“ 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. ”