The Organic State

The Privy Council and Parliament

The Privy Council

The Privy Council evolved from the medieval King’s Council, but was a smaller body. In Elizabeth’s time, it varied in size from four to eleven members.

Its role was to assist the monarch in governing, by offering advice and ensure that the monarch’s wishes were carried out.

They dealt with the day to day business of governing.

Composition of the Privy Council

The Council consisted of a mixture of Peers (those with a senior hereditary title) and Bishops, who sat in the House of Lords when Parliament was in session, and Commoners (knights, judges and ‘gentlemen’) who sat in the House of Commons.

All members of the Council had the confidence of the monarch and helped in the management of Parliament on behalf of the monarch.

Why was the Council so powerful?

1. It could advise the monarch. All debate was confidential and records were not kept of debates. However the final decision on policy rested with the monarch, who did not always accept the Council’s advice (e.g. the Council constantly advised Elizabeth to execute Mary Queen of Scots).

Why was the Council so powerful?

2. It administered the Departments of State (e.g. Chancery, which drafted all official documents, Privy Seal, which dealt with the Council’s correspondence, the Signet Office, which dealt with the monarch’s personal and informal correspondence, and Exchequer, which received and paid money and audited accounts)

Why was the Council so powerful?

3. It could judge issues brought before it. It was not a Court as such, but could hear petitions and complaints, disputes between ‘men of substance’. It could and did order people to prison, though this had to be confirmed by a regular court.

How effective was the Council?

It depended on its members and the pressures it faced.

During the 1580s, it functioned quite well, despite rivalry between the Lord Chancellor William Cecil and the Earl of Leicester, Robert Dudley. Later in the 1590s, the Council struggled with a series of poor harvests, war in Ireland and social discontent. Uncompromising rivalry between Robert Cecil and the Earl of Essex made the Council less effective.

Parliament

Parliament was NOT a permanent feature of English government. It was called and dismissed as required by the monarch.

It was a bicameral institution (i.e. two houses)

o House of Lordso House of Commons

House of Lords

The House of Lords was appointed by the monarch and consisted of:

Lords Spiritual – two Archbishops and up to 24 bishops

Lords Temporal – titled peers (higher members of the governing classes – Dukes, Marquesses, Viscounts, Earls and Barons)

Law Lords – provided legal judgments on request, but had no speaking or voting rights

House of Commons

The House of Commons was elected by franchise holders (those who had the right to vote).

Most counties elected two MPs (called Knights of the Shire). Urban areas called “boroughs” elected one or two MPS, (called Burgesses).

Functions of Parliament

Financial: The House of Commons voted direct taxes in the form of subsidies (a 20% tax on land and 12% on property), and fifteenths and tenths to provide the Crown with extraordinary revenue when this was needed.

Legislative: Parliament passes statutes (laws) binding on the whole of the kingdom (subjects to the monarch’s approval), as well as Acts affecting certain communities and individuals.

Functions of Parliament

Judicial: Parliament could act as a high court. In impeachment cases individuals (usually government ministers and servants) could be charged with a specific offence by the House of Lords and tried by the House of Lords

A point of contact: Parliament acted as a point of contact between the representatives of England’s far-flung communities and the monarch’s central government in London

Supportive reading

Read from booklet Parliaments 1559-1629. Use information from the following page reference to make brief notes on the following:

1. Frequency and duration (P1)

2. Parliaments’ role in government (Pg 1-2)

3. The key to effective government (pg 2-4)

4. The popularity of parliaments (Pg 4-5)

5. The importance of parliaments (Pg 5)

6. Characteristics of early modern parliaments (Pg 5-7)

Local government Central government was poor, with no efficient revenue-

gathering system. It could not afford a civil service, national police force or army. Because communication between London and many parts of England was poor, the monarch and privy council depended on the loyalty and goodwill of mostly unpaid local officials to translate policies into action throughout the kingdom.

Communication between central and local government was by letter or travelling circuit court judges. Local officials were expected to:

collect tax revenue preserve law and order raise troops where necessary

In return, local officials benefited from the honour, prestige and patronage which came from serving the Crown.

Key local officials – the Sheriff

organised county courts supervised jails collected revenues called out the posse comitatus (local

volunteers) to quell riots supervised parliamentary elections.

An unpopular job which a gentleman was called on to do only once, for one year only.

Key local officials – Justice of the Peace

acted as local magistrate supervised lesser officials (e.g.

constables) administered poor relief ensured that roads and bridges were kept

in good condition

Usually an influential gentleman, appointed by the Commission of the Peace. Each JP was allocated a district in his county.

Key local officials – Lord Lieutenant

raised troops for use in England and overseas

responsible for county military equipment trained troops for annual musters

A leading local peer. Most were required at court, so their duties were taken on by deputy lieutenants.