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46-466: He was a grandson of Edward Law, 1st Baron Ellenborough . Born on 4 December 1836 at Yeovilton in Somerset , Law was third son and fourth of eight surviving children of William Towry Law (1809–1886), Lord Ellenborough's youngest son, by his first wife, Augusta Champagné (died 1844), fourth daughter of Thomas North Graves, 2nd Baron Graves . The eldest son Augustus Henry Law was a Jesuit missionary, and

92-634: A cadetship in the military service of the East India Company . In 1855, however, under the influence of his father's friend, Frederick William Faber , he entered the Brompton Oratory , London, where he was ordained priest in 1860. He remained in the Oratory till 1878, when, owing to a loss of his faith in the teaching of the Catholic Church, he left its communion. In 1879 Law was appointed keeper of

138-782: A few institutions in the United Kingdom . The Judicial Committee also hears very occasional appeals from a number of ancient and ecclesiastical courts. These include the Church Commissioners , the Arches Court of Canterbury , the Chancery Court of York , prize courts, the High Court of Chivalry , and the Court of Admiralty of the Cinque Ports . This committee usually consists of members of

184-526: A high reputation. In 1787 he was appointed principal counsel for Warren Hastings in the celebrated impeachment trial before the House of Lords , and the ability with which he conducted the defence was universally recognised. He was made a King's Counsel that year. In 1798, he was made a Fellow of the Society of Antiquaries of London . He had begun his political career as a Whig , but, like many others, he saw in

230-705: A secretary of state. The Committee, which last met in 1988, is concerned with the design and usage of wafer seals . The Cabinet of the United Kingdom is the executive committee of the Privy Council and the senior decision-making body of British Government . The Judicial Committee serves as the final court of appeal for the Crown Dependencies , the British Overseas Territories , some Commonwealth countries, military sovereign base areas and

276-557: A smaller working committee which evolved into the modern Cabinet . By the end of the English Civil War , the monarchy, House of Lords, and Privy Council had been abolished. The remaining parliamentary chamber , the House of Commons , instituted a Council of State to execute laws and to direct administrative policy. The forty-one members of the Council were elected by the House of Commons;

322-446: Is a formal body of advisers to the sovereign of the United Kingdom . Its members, known as privy counsellors , are mainly senior politicians who are current or former members of either the House of Commons or the House of Lords . The Privy Council formally advises the sovereign on the exercise of the royal prerogative . The King-in-Council issues executive instruments known as Orders in Council . The Privy Council also holds

368-626: The Cabinet . With the creation of the United Kingdom on 1 January 1801, a single Privy Council was created for Great Britain and Ireland, although the Privy Council of Ireland continued to exist until 1922, when it was abolished upon the creation of the Irish Free State as an independent Dominion outside the United Kingdom, but within the British Empire . The Privy Council of Northern Ireland

414-859: The Camden Society he edited ‘The Archpriest Controversy,’ 2 vols. (1896–8); and for the Scottish Text Society, ‘Catholic Tractates of the Sixteenth Century,’ 1901, and ‘The New Testament in Scots,’ 3 vols. (1901–3). In Scottish history he edited ‘Archbishop Hamilton's Catechism,’ with a preface by William Gladstone (Oxford, 1884), and a chapter on Mary Stuart in the Cambridge Modern History vol. iii. Edward Law, 1st Baron Ellenborough Edward Law, 1st Baron Ellenborough , PC , FSA (16 November 1750 – 13 December 1818),

460-662: The Diocese of Lichfield . Privy Council (United Kingdom) King Charles III [REDACTED] William, Prince of Wales [REDACTED] Charles III ( King-in-Council ) [REDACTED] Starmer ministry ( L ) Keir Starmer ( L ) Angela Rayner ( L ) ( King-in-Parliament ) [REDACTED] Charles III [REDACTED] [REDACTED] [REDACTED] The Lord Reed The Lord Hodge Andrew Bailey Monetary Policy Committee The Privy Council (formally His Majesty's Most Honourable Privy Council )

506-638: The French Revolution a reason for changing sides, and became a supporter of Pitt . On the formation of the Addington ministry in 1801, he was appointed Attorney General and shortly afterwards was returned to the House of Commons as Member of Parliament for Newtown in the Isle of Wight . He was knighted in the same year. In 1802 he succeeded Lord Kenyon as Lord Chief Justice of the King's Bench . On being raised to

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552-474: The House of Commons Disqualification Act 1975 ). The Crown-in-Council was formerly the supreme appellate court for the entire British Empire , but a number of Commonwealth countries have now abolished the right to such appeals. The Judicial Committee continues to hear appeals from several Commonwealth countries, from British Overseas Territories , Sovereign Base Areas and Crown Dependencies . The Judicial Committee had direct jurisdiction in cases relating to

598-843: The Signet Library in Edinburgh , and there he passed the remainder of his life. He was one of the founders, in 1886, of the Scottish History Society , and acted as its honorary secretary. In 1898 the University of Edinburgh made him hon. LL.D. After a long illness he died at his home at Duddingston, near Edinburgh, on 12 March 1904. Law was married on 15 April 1880 to Wilhelmina Frederica, daughter of Captain Allen of Errol, Perthshire , by his wife Lady Henrietta Dundas, and left one son, Duncan, and five daughters. Law's main historical interests lay in

644-905: The Supreme Court of the United Kingdom and senior judges of the Commonwealth of Nations who are Privy Counsellors. Within the United Kingdom, the Judicial Committee hears appeals from ecclesiastical courts , the Admiralty Court of the Cinque Ports, Prize Courts and the Disciplinary Committee of the Royal College of Veterinary Surgeons , appeals against schemes of the Church Commissioners and appeals under certain Acts of Parliament (e.g.,

690-420: The final court of appeal for the entire British Empire (other than for the United Kingdom itself). It continues to hear judicial appeals from some other independent Commonwealth countries , as well as Crown Dependencies and British Overseas Territories . The Privy Council of the United Kingdom, created on 1 January 1801, was preceded by the Privy Council of Scotland , the Privy Council of England , and

736-591: The Civil Service (Amendment) Order in Council 1997, permitted the Prime Minister to grant up to three political advisers management authority over some Civil Servants. In the 1960s, the Privy Council made an order to evict an estimated 1,200 to 2,000 inhabitants of the 55-island Chagos Archipelago in the Indian Ocean, in preparation for the establishment of a joint United States–United Kingdom military base on

782-472: The Council — which later became the Court of the Star Chamber — was during the 15th century permitted to inflict any punishment except death, without being bound by normal court procedure . During Henry 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. By 1540

828-788: The Court of Appeal were persuaded by this argument, but in 2007 the Law Lords of the Appellate Committee of the House of Lords found the original decision to be flawed and overturned the ruling by a 3–2 decision, thereby upholding the terms of the Order in Council. As of 2023, negotiations between the Mauritian and UK governments that included the sovereignty of the Chagossians were still ongoing. The Privy Council has committees: The Baronetage Committee

874-520: The King-in-Council, although in practice its actual work of hearing and deciding upon cases is carried out day-to-day by the Judicial Committee of the Privy Council . The Judicial Committee consists of senior judges appointed as privy counsellors: predominantly justices of the Supreme Court of the United Kingdom and senior judges from the Commonwealth . The Privy Council formerly acted as

920-679: The Lord Protector, subject to Parliament's approval. In 1659, shortly before the restoration of the monarchy , the Protector's Council was abolished. King Charles II restored the Royal Privy Council, but he, like previous Stuart monarchs, chose to rely on a small group of advisers. The formation of the Kingdom of Great Britain in 1707 combined the Privy Councils of England and Scotland,

966-554: The Privy Council of Great Britain (1708–1800). Its continued existence has been described as "more or less a constitutional and historical accident". The key events in the formation of the modern Privy Council are given below: In Anglo-Saxon England , the Witenagemot was an early equivalent to the Privy Council of England . During the reigns of the Norman monarchs , the English Crown

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1012-588: The United States in 1793, and married, as his second wife, Eliza Custis, a granddaughter of Martha Washington ; and George Henry Law (1761–1845), Bishop of Chester and of Bath and Wells . The connection of the Law family with the English Church was kept up by George Henry's sons, three of whom took orders. Two of these were Henry Law (1797–1884), Dean of Gloucester , and James Thomas Law (1790–1876), chancellor of

1058-533: The accused. In the trial of William Hone for blasphemy in 1817, Ellenborough directed the jury to find a verdict of guilty, and their acquittal of the prisoner is generally said to have hastened his death. On the other hand, his humane and enlightened judgment in R. v. Inhabitants of Eastbourne that destitute French refugees in England have a fundamental human right to be given sufficient means to enable them to live, has been much praised and frequently followed. In

1104-572: The bench he was created Baron Ellenborough , of Ellenborough , in the County in Cumberland, taken from the village where his maternal ancestors had long held a small patrimony. In 1803, he presided over the treason trial of Colonel Edward Despard . In denying the jury's motion for clemency (following the character witness of Vice-Admiral Nelson ) Lord Ellenborough emphasised the revolutionary nature of Despard's purpose. It was, he claimed, not only to rend

1150-549: The body was headed by Oliver Cromwell , 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

1196-830: The dates of bank holidays . The Privy Council formerly had sole power to grant academic degree-awarding powers and the title of university , but following the Higher Education and Research Act 2017 these powers have been transferred to the Office for Students for educational institutions in England. Before the Constitutional Reform and Governance Act 2010 the Civil Service was governed by powers of royal prerogative . These powers were usually delegated to ministers by Orders in Council , and were used by Margaret Thatcher to ban GCHQ staff from joining trade unions. Another,

1242-648: The daughter of George Phillips Towry of Foliejon Park at Winkfield in Berkshire and his wife, Elizabeth. They had five sons and five daughters who survived infancy: He was succeeded as second baron by his eldest son, Edward, later the Earl of Ellenborough; another son, Charles, was Recorder of London and Member of Parliament for Cambridge University UK 1835 until his death. Three of Ellenborough's brothers attained some degree of fame. These were John Law (1745–1810), Bishop of Elphin ; Thomas Law (1759–1834), who settled in

1288-466: The delegated authority to issue Orders of Council, mostly used to regulate certain public institutions. It 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. Otherwise, the Privy Council's powers have now been largely replaced by its executive committee, the Cabinet of the United Kingdom . Certain judicial functions are also performed by

1334-500: The field of copyright , his judgment in Cary v Kearsley that " a man may fairly adopt part of the work of another for the promotion of science.....one must not put manacles on science" was extremely influential in developing the doctrine of fair use . He resigned his judicial office in November 1818, and died shortly after. Lord Ellenborough married, on 17 October 1789, Ann Towry (1769–1843),

1380-541: The largest island in the archipelago, Diego Garcia . In 2000, the High Court of Justice ruled that the inhabitants had a right to return to the archipelago. In 2004, the Privy Council, under Jack Straw 's tenure, overturned the ruling. In 2006, the High Court of Justice found the Privy Council's decision to be unlawful. Justice Kentridge stated that there was no known precedent "for the lawful use of prerogative powers to remove or exclude an entire population of British subjects from their homes and place of birth", and

1426-457: The latter body coming to an end in 1708. Under King George I , even more power transferred to a small committee of the Council, which began to meet in the absence of the sovereign, communicating its decisions to him after the fact. Thus, the 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

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1472-518: The law on abortion in England and Ireland. In 1806, on the death of William Pitt the Younger , Lord Ellenborough served as Chancellor of the Exchequer for two weeks ad interim . On the formation of Lord Grenville's ministry " of all the talents ", Lord Ellenborough declined the offer of the office of Lord Chancellor , but accepted a seat in the cabinet. His doing so while he retained the chief justiceship

1518-529: The new union between Great Britain and Ireland , but also to affect "the forcible reduction to one common level of all the advantages of property, of all civil and political rights whatsoever". Later that same year, 1803, he was appointed to the Privy Council of the United Kingdom . In 1803, he introduced a bill to Parliament which went on to become the Malicious Shooting or Stabbing Act 1803 (often referred to as Lord Ellenborough's Act ) which clarified

1564-428: The nineteen-member council had become a new national institution, most probably the creation of Thomas Cromwell , without there being exact definitions of its powers. Though the royal Council retained legislative and judicial responsibilities, it became a primarily administrative body. In 1553 the Council consisted of forty members÷, whereas Henry VII swore over a hundred servants to his council. Sovereigns relied on

1610-445: The power to grant royal assent to legislation, are a form of primary legislation, while orders made under statutory powers are a form of secondary legislation. Orders of Council , distinct from Orders in Council, are issued by members of the Privy Council without requiring the approval of the sovereign. Like Orders in Council, they can be made under statutory powers or royal prerogative. Orders of Council are most commonly used for

1656-513: The regulation of public institutions and regulatory bodies. The sovereign also grants royal charters on the advice of the Privy Council. Charters bestow special status to incorporated bodies ; they are used to grant chartered status to certain professional, educational or charitable bodies, and sometimes also city and borough status to towns. The Privy Council therefore deals with a wide range of matters, which also includes university and livery company statutes, churchyards , coinage and

1702-510: The second son, General Francis Towry Adeane Law , C.B. (1835–1901), saw much military service. The father originally served in the Grenadier guards, but in 1831 had taken orders in the Church of England, and at the time of his son's birth was rector of Yeovilton and chancellor of the diocese of Bath and Wells , of which his kinsman George Henry Law was bishop. On the death of his mother in 1844, Law

1748-533: The sixteenth century, and its religious and ecclesiastical aspects. His major work is ‘The Conflicts between Jesuits and Seculars in the reign of Queen Elizabeth’ (1889). He also wrote many reviews and articles, some of which are in ‘Collected Essays and Reviews of Thomas Graves Law, LL.D.’ (Edinburgh, 1904). To the Dictionary of National Biography he contributed sixteen articles, including those of David Laing , Edmund Law , Robert Parsons , and Nicholas Sanders . For

1794-448: 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

1840-400: 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

1886-567: Was an English judge. After serving as a member of parliament and Attorney General , he became Lord Chief Justice . Law was born at Great Salkeld , in Cumberland , of which place his father, Edmund Law (1703–1787), afterwards Bishop of Carlisle , was at the time rector. His mother was Mary Christian, daughter of John Christan of Ewanrigg , Cumberland. Educated at the Charterhouse and at Peterhouse, Cambridge , he passed as third wrangler , and

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1932-477: Was created in 1922, but became defunct in 1972, when the Parliament of Northern Ireland was closed down. The sovereign may make Orders in Council upon the advice of the Privy Council. Orders in Council, which are drafted by the government rather than by the sovereign, are forms of either primary or secondary legislation , depending on the power they are made under. Orders made under prerogative powers, such as

1978-635: Was established by a 1910 Order in Council, during Edward VII 's reign, to scrutinise all succession claims (and thus reject doubtful ones) to be placed on the Roll of Baronets . The Committee for the Affairs of Jersey and Guernsey recommends approval of Channel Islands legislation. The Committee for the purposes of the Crown Office Act 1877 consists of the Lord Chancellor and Lord Privy Seal as well as

2024-504: Was much criticised at the time, and, though not without precedent, was open to such obvious objections on constitutional grounds that the experiment was never repeated. As a judge, his decisions displayed profound legal knowledge, and in mercantile law especially were reckoned of high authority. He was harsh and overbearing to counsel, and in the political trials which were so frequent in his time, such as that of Lord Cochrane for Stock Exchange fraud in 1814, showed an unmistakable bias against

2070-680: Was sent to school at Somerton , but in the following year, after his father had moved to the living of Harborne in Staffordshire , he was successively sent to St. Edmund's School, Birmingham , and (as founder's kin) to Winchester College , then under George Moberly . In 1851 his father joined the Roman Catholic Church , so that Thomas left Winchester. In 1852 he studied at University College, London , where he had Augustus De Morgan and Francis Newman among his teachers, and in 1853 he entered Stonyhurst College . His father obtained for him

2116-413: Was soon afterwards elected to a fellowship at Trinity . In spite of his father's strong wish that he should take holy orders , he chose the legal profession, and on quitting the university was entered at Lincoln's Inn . After spending five years as a special pleader under the bar, he was called to the bar in 1780. He chose the northern circuit, and in a very short time obtained a lucrative practice and

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