In Britain, when Parliament turns on the Crown…

…the Crown must act

How to explain the persistence and apparent indestructibility of the British monarchy. More to the point, how to explain its desperate and paranoid response to the scrutiny of Parliament.

Secular moderns – rational British grown-ups, middle class people who feel a bit uncomfortable about the Monarchy but wouldn’t go so far as to call themselves republicans – mostly don’t get the whole Royal family thing. They classify the Royals as just another elite clan – albeit one with a bit of extra social media clout – and tend to understate their importance in the contemporary British polity. They classify them as just another ancien régime holdover; an inbred aristocratic tourist attraction; something we ought, at most, to ignore and leave to its own devices. They generally support the idea of demoting or defunding the royals but would never seriously suggest removing them all together. Consequently they think of the present crisis in the British Monarchy – the one involving the hideous sex-offender prick we’re no longer even allowed to call a Prince – as mainly a kind of show-business spat that will be resolved once the King has achieved the necessary public distance from his stupid and unpleasant younger brother.

What they’re missing, of course, is the absolute centrality of the Monarchy to Britain’s awkward constitutional settlement. Tom Nairn, one of the most important intellectuals of the republican spasm that came before this one, back in the nineties, called the arrangement the ‘Crown-Constitutional’ state. He describes, in his beautiful book The Enchanted Glass, the awkward but vital binding together of Parliament and Crown (the Executive is a third, less vital, element) in a formation that has, to a large degree, guaranteed the stability and resistance to unrest and revolution of the British state in the three hundred-odd years since it was all invented. He writes about the absolute necessity of the intimate but always at-arms-length relationship of our disputatious, deliberative elected assembly with the Monarchy.

The 1688 settlement, which is misremembered by most of us, and especially by the Whiggish liberal mainstream today, as a kind of bourgeois update to Magna Carta, didn’t abolish the Monarchy – it positioned it as the existential precondition for Parliamentary authority. Parliament became sovereign, but only once it had first been granted that sovereignty, sacramentally as it were, by a now non-absolutist Crown. The deal is that the Crown ceases to rule but it confers legitimacy upon the rulers. So Parliament is permitted to tax, legislate – even depose dynasties – but may not scrutinise the living body of the Crown as if it were a water company MD or an errant QUANGO or the Director General of the BBC. That’s the arrangement. It’s the hinge on which the whole settlement turns, in fact. We don’t behead Kings any more, we don’t exile them and we definitely don’t haul them before select committees. The Crown is not incidental to this system, it’s at the absolute centre – not powerful in the old sense but untouchable in the constitutional sense. And this is what defines this moment and what explains the conduct of the King and his court: because the Crown is the source of legitimacy in this system. Parliament cannot itself claim the right to interrogate the Crown. If it could, the source and recipient of power in the system would be inverted, and the 1688 machine would blow up. This is what’s behind the present panic. It’s not about privilege, or the ignorance and arrogance of a handful of MPs, or the conduct of the stupid and wicked former Prince: it’s about securing the constitutional reality of modern Britain.

Nairn explains that a condition of this agreement is that Parliament is forever prohibited from intruding into the lives and conduct of the Monarchy. And the only serious threats to the stability of the Crown over the centuries have always come at times when unruly Parliamentarians have disrespected the golden rule and developed an unhealthy interest in the business of the Monarch. At various points since the late 19th Century, for instance, articulate and often very effective legislators – mostly but not all from the left – took on the Crown, often with the protection of Parliamentary privilege from the chamber itself. In every instance these attacks have been publicly dismissed and often ridiculed but have been inwardly treated as genuine existential threats to the institutional arrangements. MPs like Charles Dilkes, who was a Liberal, and Willie Hamilton, a Labour MP who wrote a brilliant and funny book about all this (that would have got him hanged a couple of hundred years ago), were berated by monarchists and labelled traitors by the popular press. The list of MPs who have deliberately, consciously taken on the Crown is a short one. The British machine of state has always understood that this awkward and inherantly unstable relationship – Crown and Parliament – must be sustained at all cost because, despite its apparent fragility, it’s the only really durable guarantee of the state’s survival.

So, whenever Parliament develops an interest in the Crown, whenever it steps out of its lane and threatens to intrude, there’s always a powerful reaction. In the present crisis, the threats of various uncooperative back-benchers and committee chairs to go so far as to summon the former Prince to Parliament have produced an equal and opposite reaction of surprising ferocity. The King can’t act against Parliament, of course – that’s prohibited – but the (almost) total expulsion of one of their own – the stripping away of titles and property and other oraments of power known to be so important to this very vain and thin-skinned man; action more severe even than that taken against a rogue who was already on the throne – has surprised many but when understood in this context, when seen as an attempt to repel an attack by an uppity Parliament that’s forgotten its place in the hierarchy, it all makes sense.


  • I’ve written about the Monarchy here before. In fact it’s beginning to look a bit obsessive.

Seven things I learnt from the British Library’s Magna Carta show

The British Library has a terrific, totally absorbing show about Magna Carta – which is the cornerstone of world democracy or a sort of baronial shopping list weirdly granted in a field by a King who didn’t mean it – depending on your perspective. It includes two original 1215 manuscripts and dozens of other beautiful documents. It’s not enormous but there is a lot of reading so the audio guide is worth the money. I’m not a historian – or even very bright – so I learnt a lot, like for instance:

1. Magna Carta’s actual connection to the present day is unbelievably tenuous. The whole thing was repealed a couple of months after it was agreed, the Pope (who was technically in charge at the time) rubbished the enterprise completely (which is what reluctant signatory King John wanted him to do all along) and hardly any of the charter’s provisions survive in law. That it has any influence at all should be a surprise. That it’s the central text of representative democracy and the rule of law all over the place is mind-blowing. This is how pieces of paper (parchment) become totems, people.

2. The first one isn’t the important one. Later ‘editions’ of Magna Carta, copied out by monarchs, bishops, lawyers, barons – each introducing their own variations, glosses, limitations, expansions – have been more important in the formation of law and practice. Henry III’s 1225 version is probably the most influential and the nearest to a definitive Magna Carta.

3. Magna Carta didn’t make it into print for nearly 300 years. The first printed edition was published in London in 1508 (Caxton got going in 1473) and the first English translation wasn’t printed until 1534. That’s when its influence exploded. Hardly anyone knew it existed before that – the constitution nerds and rule-of-law geeks of their day. Once it could be passed around, though, in compact printed form, its language began to be used in laws, cited in disputes with overbearing monarchs, quoted in the popular prints. So – you guessed this already – the long-term influence of Magna Carta is actually all about advances in content distribution technology.

Part of the 1689 Bill of Rights
4. The Bill of Rights of 1689 is a much more important document. It’s an actual act of Parliament to begin with, using recognisable legal language, and most of its provisions actually survive in law. It’s the Bill of Rights that we have to thank for the modern idea of ‘civil rights’. Many later documents owe a lot to the 1689 Bill of Rights – not least its American namesake (if you Google ‘Bill of Rights’ the English one doesn’t show up until page two) and the European Convention on Human Rights (PDF). I’m happy to learn that the resonant phrase “certain ancient rights and liberties” is from the Bill of Rights. It’s also, incidentally, unbelievably beautiful. Whoever wrote out the original document had the most exquisite roundhand. It makes Magna Carta look shabby.

5. The Cato Street conspiracy is one intense story. And it’s got the lot: a government spy, a honey trap, a ridiculous, hopelessly bodged plan straight out of a Tarantino movie and a brutal response from the state, including the last judicial beheading to take place in England. The conspirators set out not to assassinate a statesman; they set out to assassinate all of them – the whole cabinet anyway. Their beef was, er, vague, but hinged on the oppression triggered by the wave of European revolutions that preceded it. And Magna Carta was cited in the defence when the case came to trial.

Poster for Chartist meeting, Carlisle, 1839, from the National Archives
6. The Chartists knew how to design a poster. As I said, I’m no historian but the orthodoxy is that the Chartists achieved almost nothing. They were after the vote for working men but it was decades before suffrage was extended meaningfully (and did you know that it was 1918 before all men over 21 could vote?). Fear of dissent and revolution meant the Chartists were harried out of existence before they could produce any change. But, while they were active, they were great communicators and the first movement to make really smart use of mass protest, of what we’d now call ‘the street’. This poster, which is in the National Archives, is absolutely beautiful. A vernacular letterpress masterpiece. We should all aspire to such clarity (there are others, like this one, for a meeting at Merthyr Tydvil in 1848 and this one, for a meeting in Birmingham in the same year. All lovely).

7. 1935 was the 720th anniversary of the signing of Magna Carta so, unaccountably, a year before that, a great pageant was held at Runnymede, site of the signing.

Advertised as a celebration of English democracy, the pageant engaged some 5000 actors, 200 horses and 4 elephants, who over eight days performed eight historical scenes, the centrepiece being a recreation of the sealing of Magna Carta. (Apparently the elephants were withdrawn at the last minute.)

The pictures and this Pathé newsreel suggest a very English blend of eccentric and noble, camp and dignified. I’d love to have been there. This BL blog post suggests something rather splendid and rousing: ‘It’s a Knockout’ meets a BBC Four history doc.

Constitutional vandalism

Neither side of the row over Universal ID cards is free of contradiction, neither has a monopoly on logic or morality. The pros are (depressingly) allowing narrow political contingency to shape legislation that will inevitably compromise important freedoms. The antis are (predictably) overstating the fragility of the mess of historic accident and random mutation we call a constitution. I’m pretty sure that the deep waters of British legal and constitutional custom will swallow up entitlement cards with barely a ripple. That doesn’t mean I like the idea. It’s an ugly, compromised piece of constitutional vandalism and should be stopped. Happily, the cheeky cyber-gerrymanderers at STAND have set up an easy way for you to submit your comments to Lord Falconer’s Home Office consultation. Get over there and make your voice heard.