in law, is a partaker, or person having an interest, in any action or thing. In this sense they say, privies in blood: every heir in tail is privy to recover the land intailed. In old law-books, merchants privy are opposed to merchants strangers. Coke mentions four kinds of privies. Privies in blood, as the heir to his father; privies in representation, as executors and administrators to the deceased; privies in estate, as lie in reversion, and he in remainder donor and donee; lessor and lessee: lastly, privy in tenure, as the lord by elecheat; i.e. when land elecheats to the lord for want of heirs.
PRIVY-Council. See Council. The king's will is the sole constituent of a privy councillor; and it also regulates their number, which in ancient times was about twelve. Afterwards it increased to so large a number, that it was found inconvenient for secrecy and dispatch; and therefore Charles II. in 1679, limited it to 30; whereof 15 were principal officers of state, and to be counsellors ex officio; and the other 15 were composed of 10 lords and five commoners of the king's choosing. Since that time however the number has been much augmented, and now continues indefinite. At the same time also, the ancient office of lord president of the council was revived, in the person of Anthony earl of Shaftesbury. Privy-counsellors are made by the king's nomination, without either patent or grant; and, on taking the necessary oaths, they become immediately privy-counsellors during the life of the king that chooses them, but subject to removal at his discretion. Any natural born subject of England is capable of being a member of the privy-council; taking the proper oaths for security of the government, and the test for securitv of the church. By the act of settlement, 12 and 13 W. III. cap. 2, it is enacted, that no person born out of the dominions of the crown of England, unless born of English parents, even though naturalized by parliament, shall be capable of being of the privy-council. The duty of a privy-counsellor appears from the oath of office, which consists of seven articles.
1. To advise the king according to the best of his cunning and discretion. 2. To advise for the king's honour and good of the public, without partiality, through affection, love, need, doubt, or dread. 3. To keep the king's counsel secret. 4. To avoid corruption. 5. To help and strengthen the execution of what shall be there resolved. 6. To withstand all persons who would attempt the contrary. And, lastly, in general, 7. To observe, keep, and do all that a good and true counsellor ought to do to his sovereign lord.
The privy-council is the primum mobile of the state, and that which gives the motion and direction to all the inferior parts. It is likewise a court of justice of great antiquity; the primitive and ordinary way of government in England being by the king and privy-council. It has been frequently used by all our kings for determining controversies of great importance; the ordinary judges have sometimes declined giving judgment till they had consulted the king and privy-council; and the parliament have frequently referred matters of high moment to the same, as being by long experience better able to judge of, and, by their secrecy and expedition, to transact some state affairs, than the lords and commons. At present, the privy-council takes cognizance of few or no matters except such as cannot well be determined by the known laws and ordinary courts; such as matters of complaint and sudden emergencies: their constant business being to consult for the public good in affairs of state. This power of the privy-council is to inquire into all offences against the government, and to commit the offenders to safe custody, in order to take their trial in some of the courts of law. But their jurisdiction herein is only to inquire, and not to punish; and the persons committed by them are entitled to their habeas corpus by statute 16 Car. I. cap. 10, as much as if committed by an ordinary justice of the peace.
In plantation or admiralty causes, which arise out of the jurisdiction of this kingdom, and in matters of lunacy and idiocy, the privy-council has cognizance, even in questions of extensive property, being the court of appeal in such causes; or, rather, the appeal lies to the king's majesty himself in council. From all the dominions of the crown, excepting Great Britain and Ireland, an appellate jurisdiction (in the last resort) is vested in this tribunal; which usually exercises its judicial authority in a committee of the whole privy-council, who hear the allegations and proofs, and make their report to his majesty in council, by whom the judgment is finally given.
Anciently, to strike in the house of a privy-counsellor, or elsewhere in his presence, was grievously punished; by 3 Hen. VII. cap. 14, if any of the king's servants of his household conspire or imagine to take away the life of a privy-counsellor, it is felony, though nothing shall be done upon it; and by 9 Ann. cap. 16, it is enacted, that any persons who shall unlawfully attempt to kill, or shall unlawfully assault, and strike, or wound, any privy-counsellor in the execution of his office, shall be felon, and suffer death as such. With advice of this council, the king issues proclamations that bind the subject, provided they be not contrary to law. In debates, the lowest delivers his opinion first, the king last; and thereby determines the matter. A council is never held without the presence of a secretary of state.
The dissolution of the privy-council depends upon the king's pleasure; and he may, whenever he thinks proper, discharge any particular member, or the whole of it, and appoint another. By the common law also it was dissolved ipso facto by the king's demise, as deriving all its authority from him. But now, to prevent the inconveniences of having no council in being at the accession of a new prince, it is enacted, by 6 Ann. cap. 7, that the privy-council shall continue for six months after the demise of the crown, unless sooner determined by the successor. Blackfri. Com. book i. p. 229, &c.
The officers of the privy-council are four clerks of the council in ordinary, three clerks extraordinary, a keeper of the records, and two keepers of the council-chamber. See PRESIDENT.
PRIVY SEAL, a seal which the king uses previously to such grants, &c. as are afterwards to pass the great seal. The privy seal is also sometimes used in matters of less consequence, which do not require the great seal.
LORD PRIVY SEAL. See KEEPER OF THE PRIVY SEAL.
CLERKS OF THE PRIVY SEAL. SEE CLERK.