Privy Council of England
Encyclopedia
The Privy Council of England, also known as His (or Her) Majesty's Most Honourable Privy Council, was a body of advisers to the sovereign of the Kingdom of England
. Its members were often senior members of the House of Lords
and the House of Commons
, together with leading churchmen, judges, diplomats and military leaders.
The Privy Council of England was a powerful institution, advising the Sovereign on the exercise of the Royal Prerogative
and on the granting of Royal Charter
s. It issued executive orders known as Orders in Council and also had judicial functions.
s, clergy
and officers of the Crown. This body originally concerned itself with advising the Sovereign on legislation, administration and justice. Later, different bodies assuming distinct functions evolved from the court. The courts of law
took over the business of dispensing justice, while Parliament
became the supreme legislature of the kingdom. Nevertheless, the Council retained the power to hear legal disputes, either in the first instance or on appeal. Furthermore, laws made by the Sovereign on the advice of the Council, rather than on the advice of Parliament, were accepted as valid.
Powerful Sovereigns often used the body to circumvent the courts and Parliament. For example, a committee of the Council — which later became the Court of the Star Chamber
— was during the fifteenth century permitted to inflict any punishment except death, without being bound by normal court procedure. During Henry VIII's
reign, the Sovereign, on the advice of the Council, was allowed to enact laws by mere proclamation. The legislative pre-eminence of Parliament was not restored until after Henry VIII's death. Though the royal Council retained legislative and judicial responsibilities, it became a primarily administrative body. The Council consisted of forty members in 1553, but the Sovereign relied on a smaller committee, which later evolved into the modern Cabinet
.
The Council developed significantly during the reign of Elizabeth I
, gaining political experience, so that there were real differences between the Privy Council of the 1560s and that of the 1600s.
By the end of the English Civil War
, the monarchy, House of Lords and Privy Council had been abolished. The remaining house of Parliament, the House of Commons, instituted a Council of State
to execute laws and to direct administrative policy. The forty-one members of the Council were elected by the Commons; the body was headed by Oliver Cromwell
, the de facto
military dictator of the nation. In 1653, however, Cromwell became Lord Protector
, and the Council was reduced to between thirteen and twenty-one members, all elected by the Commons. In 1657, the Commons granted Cromwell even greater powers, some of which were reminiscent of those enjoyed by monarchs. The Council became known as the Protector's Privy Council; its members were appointed by the Lord Protector, subject to Parliament's approval.
In 1659, shortly before the restoration of the monarchy
, the Protector's Council was abolished. Charles II
restored the royal Privy Council, but he, like previous Stuart monarchs, chose to rely on a small committee of advisers. In 1679, under James II
, the Privy Council was reorganized.
The Acts of Union 1707
united England and Scotland into the Kingdom of Great Britain
, replacing the Privy Councils of both countries with a single body, the Privy Council of Great Britain.
, the definition of the word "privy" in Privy Council is an obsolete one meaning "Of or pertaining exclusively to a particular person or persons; one's own", insofar as the Council is personal to the Sovereign.
In 1572, during the reign of Elizabeth I
, the Council is recorded under the title "The Queens Majesties most Honourable Privy-Council".
, one of the Great Officers of State
. Another important official was the Clerk, whose signature was appended to all orders made.
Membership was generally for life, although the death of a monarch brought an immediate dissolution of the Council, as all Crown appointments automatically lapsed.
, the Commune Concilium (Common Council, or Parliament of England
) and the Magnum Concilium
(Great Council, or the assembly of all the Peers of the Realm
). None of these was ever formally abolished, but the Magnum Concilium was not summoned after 1640 and was already considered obsolete then.
The Privy Council of Scotland
continued in existence for more than a hundred years after the Union of the Crowns
, but by the Acts of Union of 1707 the two countries became the Kingdom of Great Britain, with the Scottish Privy Council being merged into the English to create a single body. Nevertheless, long after the Act of Union 1800
the Kingdom of Ireland
retained the Privy Council of Ireland
, which came to an end only in 1922, when Southern Ireland
separated from the United Kingdom, to be succeeded by the Privy Council of Northern Ireland
.
Kingdom of England
The Kingdom of England was, from 927 to 1707, a sovereign state to the northwest of continental Europe. At its height, the Kingdom of England spanned the southern two-thirds of the island of Great Britain and several smaller outlying islands; what today comprises the legal jurisdiction of England...
. Its members were often senior members of the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
and the House of Commons
House of Commons of England
The House of Commons of England was the lower house of the Parliament of England from its development in the 14th century to the union of England and Scotland in 1707, when it was replaced by the House of Commons of Great Britain...
, together with leading churchmen, judges, diplomats and military leaders.
The Privy Council of England was a powerful institution, advising the Sovereign on the exercise of the Royal Prerogative
Royal Prerogative
The royal prerogative is a body of customary authority, privilege, and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy as belonging to the sovereign alone. It is the means by which some of the executive powers of government, possessed by and...
and on the granting of Royal Charter
Royal Charter
A royal charter is a formal document issued by a monarch as letters patent, granting a right or power to an individual or a body corporate. They were, and are still, used to establish significant organizations such as cities or universities. Charters should be distinguished from warrants and...
s. It issued executive orders known as Orders in Council and also had judicial functions.
History
During the reigns of the Norman monarchs, the English Crown was advised by a royal court, which consisted of magnateMagnate
Magnate, from the Late Latin magnas, a great man, itself from Latin magnus 'great', designates a noble or other man in a high social position, by birth, wealth or other qualities...
s, clergy
Clergy
Clergy is the generic term used to describe the formal religious leadership within a given religion. A clergyman, churchman or cleric is a member of the clergy, especially one who is a priest, preacher, pastor, or other religious professional....
and officers of the Crown. This body originally concerned itself with advising the Sovereign on legislation, administration and justice. Later, different bodies assuming distinct functions evolved from the court. The courts of law
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
took over the business of dispensing justice, while Parliament
Parliament of England
The Parliament of England was the legislature of the Kingdom of England. In 1066, William of Normandy introduced a feudal system, by which he sought the advice of a council of tenants-in-chief and ecclesiastics before making laws...
became the supreme legislature of the kingdom. Nevertheless, the Council retained the power to hear legal disputes, either in the first instance or on appeal. Furthermore, laws made by the Sovereign on the advice of the Council, rather than on the advice of Parliament, were accepted as valid.
Powerful Sovereigns often used the body to circumvent the courts and Parliament. For example, a committee of the Council — which later became the Court of the Star Chamber
Star Chamber
The Star Chamber was an English court of law that sat at the royal Palace of Westminster until 1641. It was made up of Privy Counsellors, as well as common-law judges and supplemented the activities of the common-law and equity courts in both civil and criminal matters...
— was during the fifteenth century permitted to inflict any punishment except death, without being bound by normal court procedure. During Henry VIII's
Henry VIII of England
Henry VIII was King of England from 21 April 1509 until his death. He was Lord, and later King, of Ireland, as well as continuing the nominal claim by the English monarchs to the Kingdom of France...
reign, the Sovereign, on the advice of the Council, was allowed to enact laws by mere proclamation. The legislative pre-eminence of Parliament was not restored until after Henry VIII's death. Though the royal Council retained legislative and judicial responsibilities, it became a primarily administrative body. The Council consisted of forty members in 1553, but the Sovereign relied on a smaller committee, which later evolved into the modern Cabinet
Cabinet of the United Kingdom
The Cabinet of the United Kingdom is the collective decision-making body of Her Majesty's Government in the United Kingdom, composed of the Prime Minister and some 22 Cabinet Ministers, the most senior of the government ministers....
.
The Council developed significantly during the reign of Elizabeth I
Elizabeth I of England
Elizabeth I was queen regnant of England and Ireland from 17 November 1558 until her death. Sometimes called The Virgin Queen, Gloriana, or Good Queen Bess, Elizabeth was the fifth and last monarch of the Tudor dynasty...
, gaining political experience, so that there were real differences between the Privy Council of the 1560s and that of the 1600s.
By the end of the English Civil War
English Civil War
The English Civil War was a series of armed conflicts and political machinations between Parliamentarians and Royalists...
, the monarchy, House of Lords and Privy Council had been abolished. The remaining house of Parliament, the House of Commons, instituted a Council of State
English Council of State
The English Council of State, later also known as the Protector's Privy Council, was first appointed by the Rump Parliament on 14 February 1649 after the execution of King Charles I....
to execute laws and to direct administrative policy. The forty-one members of the Council were elected by the Commons; the body was headed by Oliver Cromwell
Oliver Cromwell
Oliver Cromwell was an English military and political leader who overthrew the English monarchy and temporarily turned England into a republican Commonwealth, and served as Lord Protector of England, Scotland, and Ireland....
, the de facto
De facto
De facto is a Latin expression that means "concerning fact." In law, it often means "in practice but not necessarily ordained by law" or "in practice or actuality, but not officially established." It is commonly used in contrast to de jure when referring to matters of law, governance, or...
military dictator of the nation. In 1653, however, Cromwell became Lord Protector
Lord Protector
Lord Protector is a title used in British constitutional law for certain heads of state at different periods of history. It is also a particular title for the British Heads of State in respect to the established church...
, and the Council was reduced to between thirteen and twenty-one members, all elected by the Commons. In 1657, the Commons granted Cromwell even greater powers, some of which were reminiscent of those enjoyed by monarchs. The Council became known as the Protector's Privy Council; its members were appointed by the Lord Protector, subject to Parliament's approval.
In 1659, shortly before the restoration of the monarchy
English Restoration
The Restoration of the English monarchy began in 1660 when the English, Scottish and Irish monarchies were all restored under Charles II after the Interregnum that followed the Wars of the Three Kingdoms...
, the Protector's Council was abolished. Charles II
Charles II of England
Charles II was monarch of the three kingdoms of England, Scotland, and Ireland.Charles II's father, King Charles I, was executed at Whitehall on 30 January 1649, at the climax of the English Civil War...
restored the royal Privy Council, but he, like previous Stuart monarchs, chose to rely on a small committee of advisers. In 1679, under James II
James II of England
James II & VII was King of England and King of Ireland as James II and King of Scotland as James VII, from 6 February 1685. He was the last Catholic monarch to reign over the Kingdoms of England, Scotland, and Ireland...
, the Privy Council was reorganized.
The Acts of Union 1707
Acts of Union 1707
The Acts of Union were two Parliamentary Acts - the Union with Scotland Act passed in 1706 by the Parliament of England, and the Union with England Act passed in 1707 by the Parliament of Scotland - which put into effect the terms of the Treaty of Union that had been agreed on 22 July 1706,...
united England and Scotland into the Kingdom of Great Britain
Kingdom of Great Britain
The former Kingdom of Great Britain, sometimes described as the 'United Kingdom of Great Britain', That the Two Kingdoms of Scotland and England, shall upon the 1st May next ensuing the date hereof, and forever after, be United into One Kingdom by the Name of GREAT BRITAIN. was a sovereign...
, replacing the Privy Councils of both countries with a single body, the Privy Council of Great Britain.
Origin of name
According to the Oxford English DictionaryOxford English Dictionary
The Oxford English Dictionary , published by the Oxford University Press, is the self-styled premier dictionary of the English language. Two fully bound print editions of the OED have been published under its current name, in 1928 and 1989. The first edition was published in twelve volumes , and...
, the definition of the word "privy" in Privy Council is an obsolete one meaning "Of or pertaining exclusively to a particular person or persons; one's own", insofar as the Council is personal to the Sovereign.
In 1572, during the reign of Elizabeth I
Elizabeth I of England
Elizabeth I was queen regnant of England and Ireland from 17 November 1558 until her death. Sometimes called The Virgin Queen, Gloriana, or Good Queen Bess, Elizabeth was the fifth and last monarch of the Tudor dynasty...
, the Council is recorded under the title "The Queens Majesties most Honourable Privy-Council".
Membership
The Sovereign, when acting on the Council's advice, was known as the "King-in-Council" or "Queen-in-Council". The members of the Council were collectively known as "The Lords of His [or Her] Majesty's Most Honourable Privy Council", or sometimes "The Lords and others of ..."). The chief officer of the body was the Lord President of the CouncilLord President of the Council
The Lord President of the Council is the fourth of the Great Officers of State of the United Kingdom, ranking beneath the Lord High Treasurer and above the Lord Privy Seal. The Lord President usually attends each meeting of the Privy Council, presenting business for the monarch's approval...
, one of the Great Officers of State
Great Officer of State
In the United Kingdom, the Great Officers of State are traditional Crown ministers, who either inherit their positions or are appointed to exercise certain largely ceremonial functions. Separate Great Officers exist for England and Scotland, and formerly for Ireland...
. Another important official was the Clerk, whose signature was appended to all orders made.
Membership was generally for life, although the death of a monarch brought an immediate dissolution of the Council, as all Crown appointments automatically lapsed.
Other councils
The Privy Council of England was one of the four principal councils of the Sovereign. The other three were the courts of lawCourt
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
, the Commune Concilium (Common Council, or Parliament of England
Parliament of England
The Parliament of England was the legislature of the Kingdom of England. In 1066, William of Normandy introduced a feudal system, by which he sought the advice of a council of tenants-in-chief and ecclesiastics before making laws...
) and the Magnum Concilium
Magnum Concilium
In the kingdom of England, the Magnum Concilium, or Great Council, was an assembly convened at certain times of the year when church leaders and wealthy landowners were invited to discuss the affairs of the country with the king. It was established in the reign of the Normans, and was called for...
(Great Council, or the assembly of all the Peers of the Realm
Peerage of England
The Peerage of England comprises all peerages created in the Kingdom of England before the Act of Union in 1707. In that year, the Peerages of England and Scotland were replaced by one Peerage of Great Britain....
). None of these was ever formally abolished, but the Magnum Concilium was not summoned after 1640 and was already considered obsolete then.
The Privy Council of Scotland
Privy Council of Scotland
The Privy Council of Scotland was a body that advised the King.In the range of its functions the council was often more important than the Estates in the running the country. Its registers include a wide range of material on the political, administrative, economic and social affairs of Scotland...
continued in existence for more than a hundred years after the Union of the Crowns
Union of the Crowns
The Union of the Crowns was the accession of James VI, King of Scots, to the throne of England, and the consequential unification of Scotland and England under one monarch. The Union of Crowns followed the death of James' unmarried and childless first cousin twice removed, Queen Elizabeth I of...
, but by the Acts of Union of 1707 the two countries became the Kingdom of Great Britain, with the Scottish Privy Council being merged into the English to create a single body. Nevertheless, long after the Act of Union 1800
Act of Union 1800
The Acts of Union 1800 describe two complementary Acts, namely:* the Union with Ireland Act 1800 , an Act of the Parliament of Great Britain, and...
the Kingdom of Ireland
Kingdom of Ireland
The Kingdom of Ireland refers to the country of Ireland in the period between the proclamation of Henry VIII as King of Ireland by the Crown of Ireland Act 1542 and the Act of Union in 1800. It replaced the Lordship of Ireland, which had been created in 1171...
retained the Privy Council of Ireland
Privy Council of Ireland
The Privy Council of Ireland was an institution of the Kingdom of Ireland until 31 December 1800 and of the United Kingdom of Great Britain and Ireland 1801-1922...
, which came to an end only in 1922, when Southern Ireland
Southern Ireland
Southern Ireland was a short-lived autonomous region of the United Kingdom established on 3 May 1921 and dissolved on 6 December 1922.Southern Ireland was established under the Government of Ireland Act 1920 together with its sister region, Northern Ireland...
separated from the United Kingdom, to be succeeded by the Privy Council of Northern Ireland
Privy Council of Northern Ireland
The Privy Council of Northern Ireland was a formal body of advisors to the sovereign and was a vehicle for the monarch's prerogative powers in Northern Ireland. It was modelled on the Privy Council of the United Kingdom....
.
See also
- List of Privy Counsellors (1679–1714)
- List of Royal members of the Privy Council
- Historical lists of Privy CounsellorsHistorical lists of Privy CounsellorsThese are lists of Privy Counsellors of England, Great Britain and the United Kingdom from the reorganisation of the Her Majesty's Most Honourable Privy Council in 1679 to the present day...
External links
- Albert Venn Dicey, The Privy Council: the Arnold prize essay (1860), Google ebook