Privy Council of the United Kingdom

Her Majesty's Most Honourable Privy Council, usually known simply as the Privy Council, is a formal body of advisers to the sovereign in the United Kingdom. Its membership is mostly made up of senior politicians who are (or have been) members of either the House of Commons or the House of Lords.

The Privy Council, the modern-day successor to the Privy Council of England and the Privy Council of Scotland, was formerly a powerful institution, but its policy decisions are now exclusively in the hands of one of its committees, theCabinet. The Council formally advises the Sovereign on the exercise of theRoyal Prerogative, and together (as the Queen-in-Council) they issue executive instruments known as Orders in Council, which among other things are used to make Regulations. The Council by itself also has a delegated authority to issueOrders of Council, which are mostly used to regulate certain public institutions. The Council also advises the Sovereign on the issuing of Royal Charters, which are used to grant special status to incorporated bodies, and city or borough status to local authorities.

The Witenagemot was an early equivalent to the Privy Council. During the reigns of the Norman monarchs, the English Crown was advised by a royal court or Curia Regis, 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. 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.  DuringHenry 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.

By the end of the English Civil War, the monarchy, House of Lords and Privy Council were abolished. The remaining house of Parliament, the House of Commons of England, 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.Under George I even more power passed to this committee. It now began to meet in the absence of the Sovereign, communicating its decisions to him after the fact. Thus, the English Privy Council, as a whole, ceased to be a body of important confidential advisers to the Sovereign; the role passed to a committee of the Council, now known as the Cabinet.

It was formerly regarded by the Privy Council as criminal, and possibly treasonous, to disclose the oath administered to Privy Counsellors as they take office. However, the oath was officially made public in a written parliamentary answer in 1998, as follows: 

You do swear by Almighty God to be a true and faithful Servant unto the Queen's Majesty, as one of Her Majesty's Privy Council. 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; and will keep secret all Matters committed and revealed unto you, or that shall be treated of secretly in Council. And if any of the said Treaties or Counsels shall touch any of the Counsellors, you will not reveal it unto him, but will keep the same until such time as, by the Consent of Her Majesty, or of the Council, Publication shall be made thereof. You will to your uttermost bear Faith and Allegiance unto the Queen's Majesty; and will assist and defend all Jurisdictions, Pre-eminences, and Authorities, granted to Her Majesty, and annexed to the Crown by Acts of Parliament, or otherwise, against all Foreign Princes, Persons, Prelates, States, or Potentates. And generally in all things you will do as a faithful and true Servant ought to do to Her Majesty. So help you God.^[40]

Privy Counsellors can choose to affirm their allegiance in similar terms if they prefer not to take a religious oath.