council, he might fet forth proclamations, which fhould have the force of laws; but this moft tyrannical and deteftable ftatute was repealed in the reign of Edward VI.

Acts of the privy council continued of great authority until the reigns of Charles I. and II.: and by thefe were controverfies fometimes determined touching lands and rights, as well as the fufpenfion of penal ftatutes; but their authority in this refpect was never confidered confonant with law, and was formally abolished by ftatute.

The king, with advice of his council, publishes proclamations binding to the subject; but they are to be confonant to, and in execution of the laws of the land.

By ftatute 33 Hen. VIII. c. 23. perfons examined by the privy council, on treafons, &c. done within or without the realm, may be tried before commiflioners of oyer and terminer, appointed by the king, in any county of England. This ftatute, as far as it relates to treafon committed within the kingdom, is repealed by ftatute 1 and 2 Philip and Mary, c. 10.; but if a perfon be killed beyond fea, out of the realm, the fact may be examined by the privy council, and the offender tried according to the aforefaid ftatute.

As many important acts, deeply affecting the king and realm, muft emanate from this body, it is ufual for those who give fome species of advice, to fign their names to a paper containing their opinions, thus pledging themselves to be refponfible for its legality or neceffity.

To the privy council belong four clerks in ordinary, who have annual falaries of 1000/. each, five clerks extraordinary, four under clerks, and a keeper of the records.

Lords of Trade. The neceflity of an establishment for the purpose of investigating matters effential to the commerce of the nation, and reporting to fuperior powers, was strongly felt as foon as England began to gain an afcendancy as a trading nation. In 1655, Cromwell appointed his fen Richard, with many lords of his council, judges, and gentlemen, and about twenty merchants of London, York, Newcastle, Yarmouth, Dover, and other places, " to meet and confider by what "means the traffic and navigation of the republic might be beft "promoted and regulated, and to report on the subject." How ufeful fuch an establishment might have been, even at that period, is demonftrated by the obfervation made by the Dutch, as recorded in Thurloe's flate papers. "A committee for "trade," they faid, "was fome time fince erected in England, "which we then feared would have proved very prejudicial to "our state; but we are glad to fee that it was only nominal, "fo that we hope in time, thofe of London will forget that

"ever they were merchants." At the restoration, Charles II. eftablished a council for the fame purposes, confifting of feveral high officers of ftate, and other perfons; but this was no more effective than the former plan. In 1668, by perfuafion of Lord Afhley, who was then chancellor of the exchequer, the king inftituted a council of commerce, confifting of a prefident, falary 800; vice president, 600%; and nine other counsellors, with each 500/. falary; who, inftead of the former method of referring all commercial matters to a fluctuating committee of the privy council, which was liable to feveral objections, were to apply themfelves diligently to the advancement of the nation's commerce, colonies, manufactures, and fhipping; but in a few years the king laid afide this beneficial inftitution, and commercial matters fell into their former way of a reference to a committee of the privy council. Another attempt was made by the fame monarch in 1672, to eftablish the committee of trade, but, like the former efforts, it was formally announced, and fpeedily abandoned. Confequently all difputes and regulations relative to commerce and colonies were usually referred to committees of the privy council; but fuch occafional committees being a conftantly varying fet of members, and having befides no stated appointments for their trouble and attendance, it is by no means furprifing that they acted but loosely and fuperficially. In this pofition ftood the commercial concerns of the nation, till 1696, when, on the repeated complaints of the merchants of England, of great captures by the French, and that little regard or care had, for many years paft, been taken of trade and commerce, King William erected a new and standing council for commerce and plantations, in their most comprehensive fenfe, commonly ftyled the lords commiffioners for trade and plantations. In the lift were contained all the great officers of ftate, together with eight other perfons, among whom was the celebrated John Locke; and each of the eight commiffioners, appointed during the king's pleafure, had a falary of icool To this board propofals were made by merchants and others, for the cafe, improvement, and encouragement of our commerce, navigation, plantations, manufactures, fisheries, &c. for redreffing all grievances and burthens on trade, which were there argued between one party and another, and generally by counfel. British confuls appointed to refide in foreign parts, for the benefit and protection of our commerce, received their inftructions from this board, with whom they were obliged to hold conftant correfpondence; as were alfo the governors of the American plantations, for the improvement of their refpective governments, who alfo tranfmitted to this board the journals of their councils and affemblies, the accounts of the collec

tors

tors of the customs, and of naval offices, &c. Reports were alfo made, from time to time, how Britain might be best supplied with naval ftores from the colonies, what new productions might be raised, and old ones improved. Inquiries alfo came before this board, for regaining of loft branches of trade, as well as enlarging those we poffeffed, and establishing new ones; and how to employ the poor and idle to the best advantage. Hearings alfo between merchants, trading corporations, manufacturers, &c. at home, as well as of appeals from the plantations, were brought before this board; who, upon all fuch matters, and many others, as the general balance of trade between England and foreign nations, made reports, and gave their opinions to the king and his privy council. That such a board might be eminently ufeful, the outline of duty leaves no room to doubt; and that it was fo, cannot well be questioned, when the great names who occafionally compofed it are confidered, and the extent of their labours is viewed, which were comprized in two thousand three hundred folio volumes. The members of this board being, however, removeable at pleasure, it was, during the American war, when notions of economy and diminution of the government patronage were carried to an extent which many judicious perfons deemed unwarrantable, confidered advifable to fupprefs the establishment altogether. Accordingly, in the year 1782, it was abolished by act of parliament, and its powers were configned to a committee, regulated by a prefident and vice prefident, and compofed of the great officers of ftate for the time being, and fome other privy counsellors. By this reform the patronage of government was withdrawn from eight perfons, who might otherwise have been rewarded to the clear amount of 800l. a year each; and the faving to the nation was, at the utmost, no more than 6400 1. Perhaps the period when this board was abolifhed was the very moment when its active functions could have been most beneficially exerted; when commerce was about to receive a new impulfe, and unprecedented extenfion; encouraged by circumstances never foreseen, yet embarraffed by litigations, involved in the difcordant interests of rivals, and encumbered with queftions both legal and political, refpecting charters, monopoly, and paper credit, requiring the utmost calmness in investigation and firmness in decision.

In the office of the lords of trade, as at prefent constituted, are two fecretaries, being alfo clerks of the council; a chief clerk, with fubordinate clerks, and other officers.

5. LORD PRIVY SEAL. The lord privy feal is an officer of great truft, honour, and antiquity, being mentioned in the ftatute, 2 Richard II. and then ranked among the chief persons of

the

the realm. He is appointed by letters patent; is a privy counfellor by his office; takes place next after the lord prefident of the council, and before all dukes; and would be chief judge of the court of requests, were it revived. He is admitted into his place by taking the oath of office prefcribed by law. He derives his name from having the custody of the privy feal, which he must not put to any grant, without good authority under the king's fignet, nor to any warrant, if contrary to law and cuftom, or inconvenient, without firft acquainting his majesty therewith. This feal is ufed by the king to all charters, grants, and pardons, figned by the king before they come to the great feal; but a warrant may be granted by the king, under the privy seal, to iffue money out of the exchequer, and is fufficient, because a chattel in poffeffion; it may also be affixed to other things that never pafs the great feal, as, to cancel a recognizance made to the king, or to discharge a debt; but no writs can pafs this feal which touch the common law. In the office of the lord privy feal are four clerks and two deputies.

6. LORD GREAT CHAMBERLAIN OF ENGLAND. The office of the lord great chamberlain is very ancient, and he was formerly a person of high importance. To him belong livery and lodging in the king's court, and certain fees due from each archbishop or bishop, when they do their homage or fealty to the king, and from all the peers of the realm at their creation, or doing their homage or fealty; and, at the coronation of every king, he is to have forty ells of crimfon velvet for his own robes; and, on the coronation day, before the king rifes, to bring his shirt, coif, and wearing cloaths; and after the king is by him apparelled, and gone forth, to have his bed, and all the furniture of his bed-chamber, for his fees; and all the king's night apparel; and to carry at the coronation the coif, gloves, and linen, to be used by the king on the occafion; alfo the fword and fcabbard, and the gold to be offered by, the king, and the roberoyal, and crown; and to undrefs and attire his majesty with the robes-royal; and to ferve him on that day, before and after dinner, with water to wash his hands, and to have the bason and towels for his fees. To this officer alfo belongs the care of providing all things in the house of lords, in the time of parliament; and to that end he has an apartment in the vicinity; he has the government of the whole palace of Westminster, and he iffues out his warrants for preparing, fitting, and furnishing Westminfter Hall against coronations and trials of peers in parliament time. The gentleman usher of the black rod, the yeoman ufher, and door-keepers, are under his command. He disposes of the fword of state to what lord he pleafes, to be carried before the king when he comes to the parliament; and goes on the right

hand of the fword, next to the king's perfon, and the lord mar thal on the left. Upon all folemn occafions, the keys of Weftminster Hall, and the keys of the court of wards, and court of requests, are delivered to him.

This high office appertained, for many centuries, to the noble family of De Vere, Earl of Oxford, having been granted to them by Henry I. On the death of John De Vere, the fixteenth earl of Oxford, without heirs male, Marv, his fole daughter and heirefs, married Peregrine Bertie, Lord Willoughby, of Erefby, who made claim to the earldom of Oxford, as alfo to the titles of Lord Bolbeck, of Bolbeck Caflle, in the parish of Whitchurch, near Aylesbury, in the county of Buckingham, Sandford and Badlefmere, and to the office of lord great chamberlain of England. After much difpute, the houfe of lords gave judgment that he had made good his claim to the office of lord great chamberlain of England, but not to the other objects of his demand; and he was admitted into the house of lords with his ftaff, November 22, 1626. His defcendants uninterruptedly enjoyed this poft till the death of Robert Bertie, fourth duke of Ancafter and Kefteven, Marquis and Earl of Lindsey, and Lord Willoughby of Erefby, lord great chamberlain in July, 1779, who dying unmarried, was fucceeded, as Duke of Ancafter and Kefteven, Marquis and Earl of Lindfey, by his uncle the Lord Brownlow Bertie; but for the great chamberlainship there were feveral claimants, viz. his grace Brownlow, Duke of Ancafter; Hugh, Earl Percy, eldest fon of the Duke of Northumberland; Charlotte, Duchefs Dowager of Athol, in her own right Lady Baronefs Strange, of Knockyn; the Lady Prifcilla Barbara Elizabeth Burrell, in her own right Baronefs Willoughby, of Erefby; and the Lady Georgina Charlotte Bertie, fifters and co-heirs of Robert, fourth Dukeof Ancafter, deceased: when, after hearing all the parties at full length, in fupport of their feveral claims, the houfe of peers defired the advice of the twelve judges, who gave their opinion, that the office devolved to the Lady Willoughby of Erefby, and her fifter Lady Georgina Charlotte Bertie, as heirs to their brother Robert, Duke of Ancafter, deceased; and that they had powers to appoint a deputy to act for them, not under the degree of a knight, who, if his majefty approved of him, might officiate accordingly. And agreeably to this opinion, the house gave judgment. The office is executed by a deputy, who has 3000l. a year.

7. LORD HIGH CONSTABLE. This is one of the offices which in ancient times acquired fo much power as to be dangerous to fovereignty, but is now only created occafionally to attend a coronation. The lord high conftable prefided jointly