Page:Cyclopaedia, Chambers - Volume 2.djvu/504

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P KI J ATI0N ' ! " P M«, is a Negative Principle, which, itfth Century j when they were introduc'd in Franc
 * ±J^?£Zft^^^?^J°«*>~ T he "}^ '« ft i d fi b«' V* the YeaV. 5 o 7 and' to

ignihes no more than the abfence of the fa- Works of others, as Toon as they appear'd I hus every thing, according to Ariftotle, is But People were yet at liberty to take c

to constitute natural Bodies. See Matter' and Form/ have been occafionM by feme- Printer's counKtfeiiin7the

Privation fignifies no more than the ohf™,-. „<• ,u. c. w„ r i.„ „f „.i,„. .: cJ .. T ture Form :

form'd of this, that it was not"that thing"before, e.gr. a Chick arifes hence, that it was not a Chick before it was generated ; which is what that Philofopher calls Privation. See Principle.

Jriflotle is very angry with the Antients, for not admit- ting Privation as a Principle ; and imputes it to their Ig- norance thereof. But it is an Injuftice to reproach them with Ignorance, of what it is impoffible to be ignorant of; and 'tis an Illufion to produce this poor Principle of 'Pri- vation as fuch a mighty Myftery ; there being no body but i'uppoffs it a thing known, that a thing is not before it is r/isde. See Peripatetic, (3c.

PRIVATIVE, in Grammar, a Particle, which prefix'd to a Word, changes it into a contrary Senfe. See Particle.

1 hus, among the Greeks, the « is ufed as a Privative ; as in a-Ssss, jitheifi, Acephales, (3c.

The Latins have their Privative in\ as, incorrigibilis t indeclinabilis, (3c.

The Englijh, French, (3c. on occafion, borrow both the Latin and Greek Privatives.

Privative Quantity, in Algebra, is a Quantity lefs

in oppofi- Quanti-

than nothing j call'd alio s. Negative Quantity : tion to Affirmative or Pofitive Quantities. Si ty, Negative, (3c.

Privative Quantities, are denoted by the Charafler of Subftrac"lion, —, prefix'd to them. See Character.

PRIVILEGE, in the general, any kind of Right, Pre- rogative, or Advantage, attach'd to a certain Perfon, Con- dition, or Employment ; exclufive of others.

The Word is form'd from the Latin privata lex.

Privilege, in Law, is a particular Right granted to a fingle Pcrlon, Place, Community, or the like 5 whereby they are exempted from the Rigour of the common Laws.

Privilege is either Perfonal or Real : A Perfonal Privi- lege is that which is granted to any Perfon, either againft or beyond the Courfe of the Common Law ; fuch, e.gr. is that of a Member of Parliament, who may not be ar- retted, nor any of his Servants, during the fitting of Par- liament, nor for a certain time before and after. See Par-

LI AMENT.

Privilege Real, is a Franchife granted to a Place. See Franchise.

Such is that granted to our Univerfities 5 by which none, tho' Members thereof, may be call'd to Weflminfter-Hall, upon any Contrail made within their own Precincls.

So alfo, a Perfon belonging to the Court of Chancery, cannot be fued in any other Court ; certain Cafes excepted ; and if he be, he may remove it by Writ of Privilege.

'Tis an antient Privilege^ for Men to be exempted from Arrefts within the Verge of the Court; i.e. in or near the Palace, where the King is tefident : Becaufe, in fuch Cafes, Quarrels frequently happen ; and the Peace ought to be itrictly kept there. See Verge.

In the Laws of Hen. \. 'tis exprefs'd, that Peace ought to be maintain'd religioufiy and reverently within four Miles of the King's Doors towards the four Quarters ; and forty nine Acres, nine Foot, nine Palms, and nine Barley- Corns around. See Peace.

Privilege, in Commerce, is a Permiffion from a Prince, or Magistrate, to make and fell a certain Merchan- dize ; or to engage in a certain Commerce ; either exclu- iively of others, or concurrently with them.

The fiift is call'd an exclufive Privilege ; the latter, fira- ply, Privilege.

Exclufive Privileges are to be granted rarely ; by reafon of the hindrance they are of to Trade : yet they are fome- times very juft and reasonable, by way of Reward for the Invention of ufeful Machines, Manufactures, (3c.

Exclufive Privileges for foreign Commerce, are ufually granted on the following Condiiions : That the Commo- dities be brought from remote parts, where there is no go- ing without running great rifques : Thar the Privilege be only for a limited Time : That the Privilegees be not al- lowed to monopolize, i. e. to raife and lower their Commo- dities at pleafure ; but that the Sale and Price be always proportionable to the Expcnce, Interefts, (3c. And, That the Privilegees affift theState, on occafion, with part of their Gains.

Privilege for the Impreffion of Books. This Privilege is properly exclufive ; being a Permiffion which an Author or Bookleller obtains under the Great Seal, to have alone the Impreffion of a Book ; with a Prohibition of all others to print, fell, or diftribute the fame, within a certain Term of Years, ufually 14 ; under the Claufes and Penal- ties exprefs'd therein. Thefe Privileges were unknown till the Beginning of the

oerty to take or let them alone at pleafure ; till the Interefts of Religion, and the State, occafion d the reftraming of this Liberty.

In 1 5S5, Charles IX. publifh'd a celebrated Ordonnance, forbidding any Perfon, on pain of Confifcatiori of Body and Goods, to print any Letter, Speech, {&. without permif- fion. r

The like has been fince done in England: tho at prefenr, Privileges are not only, not recjuir'd ; but by the late Aft for fecuring the Properties of Books, feem needkfs. _ PRIVITIES, the natural Parts, of either Sex; or thofe immediately miniftring to the Bufinefs of Generation. See Generation, Pudendum, (3c.

PRIVITY, an intimate Freedom, or private Familia- rity, between two Perfons. See Privy.

The Lawyers fay, if there be Lord and Tenant, and the Tenant hold of the Lord by certain Services ; there is a Privity between them in ref'peft of the Tenure.

PRIVY, in Law, a Perfon who is Partaker, or has an In- tereft, in an Action or Thing.

In this fenfe they fay, Privies in Shod : Eveiy Heir in Tail, is privy to recover the Land intail'd.

In old Law-Books, Merchants Privy are opro/d to Merchants Strangers.

Coke mentions four kinds of Privies : Privies in Shod, as the Heir to his Father : Privies in Rsprejentation, as Executors and Administrators to the Deceafed : Privies in Efiate, as he in Reverfion, and he in Remainder, when Land is given to one for Life, and to another in Fee ; the reafon is, that their Eftates are both created at the fame time. The fourth is, Privy in Tenure, as the Lord by Efcheat, i.e. when Land efchcats to the Lotd for want of Heirs.

Pritv Council, a Council of State, held by the King, to concert Matters for the public Service, the Honour°and Safety of the Realm, (3c. See Council.

The Privy Council is the Primum Mobile of the State, and that which gives the Motion and Direflion to all the in- ferior Parts. It is likewife a Court of Juftice of great Anti- quity ; the primitive and ordinary way of Government in England being by the King and Privy Council.

It has been frequently ufed by all our Kings, for deter- mining Controverfics of great Importance : The ordinary Judges have fometimes declined giving Judgment, till they had confulted the King and Privy Council ; and the Parlia- ment have frequently refert'd Matters of high moment to the fame ; as being by long Experience better able to judge of, and by their Secrecy and Expedition, to tranfact fome State- Affairs, than the Lords and Commons.

At prefent, the Privy Council takes Cognizance of few or no Mattets, except fuch as may not be well determin'd by the known Laws and ordinary Courts; fuch as Matters of Complaint, and fudden Emergencies.

The Oath of a Privy Counfellor is to the utmoft of his power and difcretion, truly and juftly to counfel the King, and to keep fecret the King's Counfels.

Antiently, to fttike in the Houfe of a Privy Counfellor, or elfewhere in his prefence, was grievouily punifh'd : To confpire his Death, is Felony ; and to effect it High- Treafon. '

With the Advice of this Council, the King iffues Procla- mations that bind the Subject, provided they be not con- trary to Law. See Proclamation.

In Debates, the lowed delivers his Opinion firft, the King lad ; and thereby determines the Matter.

A Council is never held without the prefence of a Secre- tary of State. See Secretary.

The Members of the Privy Council in the Year 17 10, were in Number 57. Their Officers; four Clerks of the Council, three Clerks extraordinary, three Clerks in the Council-Office, a Keeper of the Records, and two Keepers of the Council-Chamber.

Lord Prefident of the Privy Council. See Presi- dent.

Privy Seal, a Seal which the King ufes, previoufly, to fuch Grants, (3c. as are afterwards to pafs the Great Seal.

Yet the Privy Seal is fometimes ufed in Matters of lefs confequence, which don't require theGreat Seal. SeeSEAL. Lord Privy Seal, is the fifth great Officer of the Crown ; thro' whofe hands pafs Chartets and Giants of the King, and all Pardons fign'd by him, before they come to the Great Seal : alfo Matters of lefs moment, which don't pafs the Great Seal, v.gr. for Payments of Money, (3c.

He is a Lord by Office, and a Member of the Privy Council ; he was antiently chief Judge of the Court of Re- quefts. See Privy Seat. Privy Chamber. See Chamber.

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