New-York tribune., 1900-05-13
THE PRIVY COUNCIL.
ENGLAND's MOST ANCIENT INSTITUTION
ABOUT TO BE SHORN OF IT'S
JUDICIAL ATTRIBUTES.


Great Britain viii have been struck by the sup
which runs as follows:
That it may please Thee to endue the Lords
Of the Council with grace. wisdom and under
Gardng."
This prayer TO the Almighty and the occa-
sonal announcement that the Queen has been
graciOusly pleased to invest this or that person
With the dignity Of a Privy Councillor are
about all that the average Briton ever hears
conoerHing the most ancient institution of the
British Empire the so-called ''Aula Regia," or
the "Cura Regia," of the early Norman days
older even than that English Parliament which
Is acknowledged TO be in point of age the senior
and dean OF all existing legislative bodies of the
world True, John Bull may occasionally find
some Law or other, generally relating to the
health Of man or beast, described as "an order
IN Council But he Will attach particular
importance thereto, and probably look upon it
ss one Of those quaint figures of speech, of
which there are SO many survivals from
medieval times in Great Britain and in Ire
land
During the last three or four weeks however
he has learned more Of the Privy Council than
ever before in his whole life. It has constituted
to him a topic of discussion second only in i'm
pcrtance 10 the South African war, and just now
he Is engaged in profoundly lamenting that by
the creation of a final court of appeal for
the entire British Empire some prerogatives
viii be taken from a body about which a few
weeks ago he knew next nothing He never
dreamed for one moment that the Cabinet
which rules the British Empire is merely a
committee of the Privy Council, and has, legally
Speaking, no corporate existence Of its own,
save as a committee Of this kind; nor did he
realize that il is the Judicial Committee of
the Privy Council which for nearly one thousand
years has been the ultimate court of appeal
ORIGIN OF THE COUNCIL.
Long before the House of Commons and the
House OF Lords were thought of the sovereign $
Privy Council existed. It may be said indeed
10 have contained the germs Of England's Par
hamentary institutions. Its members were in
every sense OF the word the advisers of the
King, from whom he sought counsel in matters
OF difficulty. In all monarchicaI countries the
monarch has from time immemoral been re-
gardeo by his subjects as the one parsonage in
The realm TO whom appeal should be made if all
other efforts to obtain justice and redress for
wrongs had failed. Moreover il was usually
he Crown that decided whether not the SEN
tences Of the courts and judges should be put
INTO execution, and which enjoyed the truly
royal prerogative Of clenency. The monarch on
having any petition of this kind laid at his feet
would naturally consult with his councillors
eoout the matter, seeking more particularly the
advice Of those who happened to possess expert
ence and knowledge of the law. In course of
TINE he organized the legal members of his
FIlVy Council into special committee for this
purpose, and in this way the Judicial Commit
Vre OF The PriVy Council became the ultimate
court Of appeal, being used mainly, if not ex-
cuslVely, for cases with which no other courts
were competent to deal. The Judicial Commit
ice OF the Priyy Council represents the Crown
IA legal issues submitted to the latter, and is
empowered 10 hear all appeals to the Crown.
VI late years its position has developed into
uiat Of d species Of court Of ultimate appeal
IRON the colonial possessions of the British
empire, over which the ordinary courts in Eng
--ano have no jurisdiction.
Inc idea was this that the House Of Lords
constituted the court Of final appeal for all
cases within the jurisdiction of the United King
1ofA' but that the Judicial Committee of the
TINY Council was alone empowered TO deal in
Snai manner with all issues which, being beyond
Aie jurisdiction Of the regular English courts of
-1"' could only be settled by an appeal in last
-eHoft 10 the Crown itself Thus the judicial
committee Of the Pr1vy Council has been OF the
sieatest possible use in determining constitu-
uonal Questions arising under the British North
H'ilca act, by means Of which Canada was
aeo INTO the Dominion. it having proved far