Privy Council of the United Kingdom

Her Majesty's Most Honourable Privy Council is a body of advisors to the British Sovereign. Formerly, the Council was a powerful institution, but is now largely ceremonial. Most of its power is held by one of its committees, the Cabinet. The Council also performs judicial functions, which are for the most part delegated to the Judicial Committee.

History

During the reigns of the Norman monarchs, the Crown was advised by a royal court, which consisted of magnates, ecclesiastics and high officials. The 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.

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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 any rules regarding evidence or the burden of proof. 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.

Related Topics:
Court of the Star Chamber - Henry VIII

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Though the royal Council retained legislative and judicial responsibilities, it became a primarily administrative body. The Council was a large body—it consisted of forty members in 1553—which made it difficult to manage as an advisory body. Therefore, the Sovereign relied on a small committee, which later evolved into the modern Cabinet. James I and Charles I attempted to rule as absolute monarchs, contributing to further deterioration of the power of the Council.

Related Topics:
1553 - Cabinet - James I - Charles I

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After the English Civil War, Charles I was executed, and the monarchy and House of Lords 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.

Related Topics:
English Civil War - Council of State - Oliver Cromwell - De facto - 1653 - Lord Protector - 1657 - Protector's Privy Council

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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 advisors. Under George I, who did not speak English, even more power passed to the body. Thus, the Privy Council, as a whole, ceased to be a body of important confidential advisors to the Sovereign; the role passed to a committee of the Privy Council, now known as the Cabinet.

Related Topics:
1659 - Restoration of the monarchy - Charles II - George I

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