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Privy Council records |
Early
history
The Privy Council, like Parliament, was a development of the King's
Council. The King's Council, or 'curia regis', was the court of the monarch surrounded
by his royal officers and others upon whom he relied for advice. It is known to
have existed in the thirteenth century, if not earlier, but has left little trace
of its activities. By the later fifteenth century the council had advisory, executive
and judicial functions though surviving records are mainly confined to the last.
It is at this period that the 'secret' or privy council makes its formal appearance
when, in February 1490, Parliament elected 2 bishops, an abbot or prior, 6 barons
and 8 royal officers to form the king's council 'for the ostensioun and forthputting
of the King's authorite in the administracioun of justice'. |
 |
The
Lords of Secret Council, as they were known, were part of the general body of
Lords of Council, like the Lords of Session and Lords Auditors of Exchequer. Their
business was recorded in an undifferentiated register, still largely concerned
with judicial business. After 1532 much of this judicial business was transferred
to the newly founded College of Justice, the later Court of Session. The council
met regularly and was particularly active during periods of a monarch's minority.
A separate privy council register only appears in 1545 and probably marks the
point at which the secret council split off from its parent body.
From
Union of the Crowns to Union of ParliamentsAfter 1603 James VI was able to
boast to the English Parliament that he governed Scotland 'with my pen'. The council
received his written instructions and executed his will. This style of government,
continued by his grandsons Charles II and James VII, was disrupted during the
reign of Charles I, the Covenanters and the Cromwellian occupation. There are
gaps in the register during the upheavals of 1638-41 when the council was largely
displaced by an alternative administration set up by the Covenanters and during
the Cromwellian period, the council ceased to act at all.
After the restoration
of the monarchy in 1660, Charles II nominated his own privy councillors and set
up a council in London through which he directed affairs in Edinburgh, a situation
that continued after the Revolution of 1688-9. The council survived the Act of
Union but for one year only. It was abolished on 1 May 1708.
In the range
of its functions the council was often more important than Parliament in the running
of Scotland. The registers include a wide range of material on the political,
administrative, economic and social affairs of Scotland. The council supervised
the administration of the law, regulated trade and shipping, took emergency measures
against the plague, granted licences to travel, administered oaths of allegiance,
banished beggars and gypsies, dealt with witches, recusants, Covenanters and Jacobites
and tackled the problem of lawlessness in the Highlands and the Borders.
The
recordsThe Register of the Privy Council has been published for the period
1545 to 1691 in three series (1877-1970). The three series cover almost all extant
privy council classes.
| NAS
reference | Description | Dates | Notes |
|---|
| PC1 | Registers
of acts | 1545-1707 | The
business of the council was recorded in two registers: those dealing with the
public or state business - acta (acts) and those dealing with private litigation
- decreta (decreets).
Printed Register of the Privy Council (to 1691). The
acta are generally printed in full while the decreta are only calendared. | | PC2 | Registers
of decreets | 1610-1705 | with
gaps | | PC3 | Sederunt
books | 1598-1643 | Record
of councillors present at each sederunt (sitting), with occasional minutes of
proceedings, including admission of new councillors. PC6/1 includes sederunts
for 1576/8. Printed Register of the Privy Council (matter not in PC1 and PC2) | | PC4 | Minute
books | 1604-1631, 1696-1707 | The
first volume contains monthly lists of processes before the council, 1604-31,
and an inventory of council registers, 1667. | | PC5 | Registers
of royal and other letters | 1553-1633 | with
gaps Two volumes covering 1553-72 (PC5/1-2) are not council records and belong
properly to the state paper series (SP1). The council's own register commences
in 1604, shortly after, and probably in consequence of, James VI's removal to
England. Printed Register of the Privy Council. | | PC6 | Register
of acts of caution | 1576-1664 | with
gaps Parties were required to find caution (security) for various reasons, including
compearance before the council and payment of fines. Until 1576 acts of caution
were recorded in the 'acta' (PC1). Original bonds are preserved with the privy
council papers (PC10-12). Calendared Register of the Privy Council (from 1591). | | PC7 | Register
of Commissions | 1607-1630 | Commissions,
in particular special commissions of justiciary; also licences to go abroad and
for other purposes. The register for 1630-42 is in the National Library of Scotland
(Adv. MS. 31.2.10). Calendared Register of the Privy Council. | | PC8 | Miscellaneous
volumes | 1587-1691 |
These are mainly concerned with the enforcement of law and order, particularly
in the Highlands, Islands and Borders and include the volumes listed below | | PC
8/1-3 | Acts relating to Highlands, Islands and Borders | 1587-1602,
1608-23 | Mainly Western and Northern Isles and acts
of caution only for 1635-6 | | PC 8/7 | Register
of commissioners for pacification of Highlands | 1682-6 | | | PC
8/4 | Acts of privy council anent the Borders | 1602-43
| |
PC8/5 | Court
book of commissioners for Middle Shire | 1622-3 | | | PC
8/6 | Register of committee of the West | 1678
| | | PC 8/8 | Register
of commission for southern shires | 1684 | | | PC8/9-10 | Register
of fines | 1603-31 | Fines
for assault, bearing of firearms, breach of the peace, etc | | PC8/11 | Account
book of fines for resetting the clan Gregor | 1612-24 | | | PC8/12 | Register
of justices of the peace | 1611-39 | | | PC8/13 | Register
of the commission for grievances | 1623-6 | Particularly
relating to monopolies and grants of patents for industrial processes | | PC8/14 | Depositions
anent accounts due by forces to presbytery of Garioch | 1691
| | | PC9 | Inventories | 1611-1703 | Four
volumes including missive letters 1611-23; bonds 1685-96; royal letters, proclamations,
bonds etc 1689-1701 and oaths of allegiance etc 1693-1703. Printed in RPC (1690-1
only). | | PC10-12 | Privy
council papers | 1544 - 1708 | Warrants
of the acts and decreets, royal letters, bonds and miscellaneous papers, arranged
and bound (to 1689 only) in 3 series corresponding to the volumes in which they
are printed or calendared. Papers omitted from the arrangement are in PC15. Printed
or calendared Register of the Privy Council (to 1691). | | PC13 | Proclamations | 1661-1706 | The
texts of proclamations were normally engrossed in the register (PC1). Calendared
Register of the Privy Council (1690-1 only). | | PC14 | Oaths
of allegiance | 1661-1707 | Oaths
of allegiance, acknowledgements of royal prerogative, tests, assurances and associations
are arranged according to a contemporary inventory (PC9/4). Calendared Register
of the Privy Council (1690-1 only). | | PC15 | Supplementary
Privy Council papers | 1545-1691 | Two
boxes. Documents found after the main series of privy council papers (PC10-12)
were arranged and some previously classified as state papers. A number relate
to Adam Meldrum of Urquhart's proceedings under commissions to repress disorders
and conventicles in southern Scotland, 1680-3 (PC15/16-18). |
Using
the recordsThe records of the Privy Council are available at the Historical
Search Room in General Register House. Those for 1545-1691 have been published
and some volumes are available for purchase.
Further reading'Guide
to the National Archives of Scotland', (Stationery Office, 1996) pp19-27.
'Acts
of the Lords of Council in Public Affairs, 1501-54', edited by R K Hannay (1932)
'The
Sources and Literature of Scots Law' (Stair Society, 1936), chapter 7.
'Register
of the Privy Council of Scotland [1545-1691]', edited by JH Burton and others,
16 vols. (Edinburgh, 1877-1970).
National Archives of Scotland
Crown
Copyright 2006 |
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