Privy Council of the United Kingdom

Her Majesty's Most Honourable Privy Council (short: Privy Council [ˌpɹɪvi ˈkaʊnsəl]; German: Kronrat or Geheimrat) is a political advisory body to the British monarch. In the Middle Ages and early modern period the highest legislative and judicial organ of government in England under the king, the council today performs mainly ceremonial functions. Its scope is severely limited, as its former powers are now exercised by two of its committees, the Cabinet of Government under the Prime Minister and the Judicial Committee of the Privy Council.

Today, the Council can only prepare decisions concerning British external territories without self-government or those royal prerogatives within which the Prime Minister can take executive and legislative action without consulting Parliament. In addition, it is the final judicial authority in certain matters (subject areas or countries) of the Commonwealth.

When the British monarch acts on the advice of the Council, he acts as King-in-Council or Queen-in-Council. The members of the Crown Council are known as The Lords of Her Majesty's Most Honourable Privy Council. Its Chairman is the Lord President of the Council, who also holds the fourth highest rank among the Great Officers of State. He is a member of the British Cabinet by virtue of office, and as such is usually leader of the strongest faction in either the House of Lords or the House of Commons. Another important office is that of Clerk, who signs all orders passed by the Privy Council.

History

During the reign of the Norman monarchs, the crown was advised by the royal court, the Curia Regis, which consisted of the direct vassals of the crown, ecclesiastical lords and high officials, was convened only a few times a year and had jurisdiction. In the interval between these court days the kings took counsel from members of their own households, by "familiares, domestici, and ministri." Normans and Angevins usually called on members of their own noble house for this purpose. Later, for some offices such as chancellor, treasurer, and chief justice, persons with appropriate qualifications joined them, usually clerics and jurists. Under King John Ohneland and during the minority of Henry III, this group of advisors achieved more influence and formed into a separate organization, the "Council", which was later called the "Privy Council" (Crown Council).

Thus, as early as the 13th century, preliminary forms of today's two institutions, parliament and cabinet, were formed. While the curia regis, the general assembly of the crown vassals, developed into a feudal parliament, the privy council developed into a crown council, which advised the crown in its decisions and exercised influence over it. The curia regis was charged with dispensing justice; it developed into the highest legislative body in the kingdom. The crown council evolved over time into the cabinet.

Later, the Crown Council also acquired the power to hear legal disputes, either as a first instance or as an appellate body. Laws passed by the king on the advice of the Crown Council rather than on the advice of Parliament were also considered valid. Powerful rulers often used the Crown Council to bypass the courts and Parliament. For example, during the 15th century, a committee of the Crown Council - later called the Court of Star Chamber - had the right to issue any sentence except the death penalty, without being bound by any rules concerning evidence or the burden of proof. During the reign of Henry VIII, the sovereign was permitted, on the advice of the Crown Council, to enact laws by their mere promulgation. The legislative supremacy of Parliament could only be restored after the death of Henry VIII.

Although the Crown Council retained legislative and judicial functions, it evolved primarily into an administrative body. The Crown Council was a large body - it consisted of 40 members in 1553 - which made it difficult to run as an advisory body. Therefore, the sovereign relied on a small committee, which later developed into the modern cabinet. James I and Charles I attempted to rule as absolute monarchs, which led to a further loss of power for the Crown Council.

After the English Civil War, Charles I was executed and the monarchy and House of Lords were abolished. The remaining chamber of Parliament, the House of Commons, established a Council of State to execute laws and direct the administration. The 41 members of the Council of State were elected by the House of Commons. The body was headed by Oliver Cromwell, who was effectively the nation's military dictator. In 1653, however, Cromwell became Lord Protector, and the Council of State was reduced to between 13 and 21 members, all elected by the House of Commons. In 1657 the House of Commons granted Cromwell even greater powers, some of which were reminiscent of the days of the monarchy. The council changed its name to the Protector's Privy Council. Members were appointed by the Lord Protector and required only the approval of Parliament. Shortly before the Restoration of the monarchy in 1659, the Protector's Council was abolished. Charles II reintroduced the Crown Council, but relied on a small committee of advisers, as had other Stuart rulers before.

Under George I, who barely spoke English, the committee of the Crown Council now known as the Cabinet gained even greater power. This ended the role of the Crown Council as a whole of being a body of confidential advisers to the monarch. This role was now taken over by a small committee of the Crown Council, the Cabinet; Robert Walpole, who was in office during this period, is considered the first Prime Minister of the United Kingdom.

Composition

Formally, the Sovereign appoints all Crown Councillors; in practice, he does so on the recommendation of the Government. The heir to the throne and the sovereign's consort are always members of the Crown Council. The three highest Church leaders of the Church of England, the Archbishop of Canterbury, the Archbishop of York, and the Bishop of London, are also ex officio members of the Council. Further, several chief justices belong to it. However, the vast majority of Crown Councillors are politicians. These are the Prime Minister, Cabinet Ministers, some senior ministers outside the Cabinet, the Leader of the Opposition and the faction leaders of the major parties in the House of Commons. It also includes the Lords Commissioners (partly congruent with the aforementioned individuals). Although the Crown Council is primarily a British institution, certain representatives of other Commonwealth realms are also appointed as Crown Councillors.

The Crown Councillors take the oath of office with the following formula:

You swear by Almighty God to be an honest and faithful servant of Her Majesty the Queen as one of Her Majesty's Privy Councillors. You will not know or understand of any matter whatsoever that shall be attempted, done, or spoken against Her Majesty's person, honor, crown, or dignity, but will resist the like with all your power, and either disclose the like to Her Majesty, or to those in Her Privy Council who shall make Her Majesty aware thereof. They shall faithfully and truly declare their thoughts and opinions in all matters moved, dealt with, and debated in Council, as their hearts and consciences shall dictate; and they shall keep secret all matters confided and revealed to them, or dealt with in secrecy in Council. And so far as any of the said treaties or counsels shall concern any of the Councils, they will not reveal it to them, but will keep it to themselves until the time appointed, when, with the consent of Her Majesty or the Council, publication shall be made. They will maintain to the utmost loyalty and allegiance to her Majesty the Queen; and they will assist in defending all jurisdictions, prerogatives, and powers granted to her Majesty, or assumed by the Crown by Acts of Parliament or otherwise, against all foreign princes, persons, prelates, states, or potentates. And generally they will act in all matters as a faithful and true servant ought to do towards Her Majesty. So help them God.

Membership ends with the dissolution of the Crown Council. This happens automatically six months after the monarch's demise. Until a statute passed during the reign of Queen Anne changed this, the Crown Council was automatically dissolved on the demise of the monarch. At common law, the new sovereign reappoints all members of the Crown Council, so in practice membership lasts for life.

However, the Sovereign can expel individuals from the Crown Council and members can resign to avoid expulsion. The last person to leave the Crown Council voluntarily was Jonathan Aitken, who resigned in 1997 after allegations of embezzlement. He was thus one of three Crown Councillors to resign in the 20th century. The last to be involuntarily expelled was Sir Edgar Speyer in 1921 for pro-German activities during the First World War.