by Alex David
reflected in the symbolic roles the monarch still plays in British law. These key symbolic roles are summarised below.
The monarch is the Fount of Justice. Law and order are established and maintained in his or her name.
Justice is administered in his or her name.
The monarch swears in the coronation oath to ‘cause law and justice, in mercy, to be executed in all
judgements’.
The monarch, on the advice of the government or
legal panels, appoints all judges throughout the
United Kingdom. Judges are called Her Majesty's
Judges (or His Majesty when the monarch is male).
In England and Wales, law courts are called the
Queen's Courts (or King’s Courts when the monarch
is male). Senior Criminal Courts are called Crown
Courts.
Senior barristers and solicitors in the United Kingdom who have achieved distinction in their profession are called Queen’s Counsel (or King’s Counsel when the
monarch is male). They are appointed to their office by the monarch upon the advice of a legal panel.
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In England and Wales criminal prosecutions are
brought in the name of the monarch by the Crown
Prosecution Service. Criminal cases brought by the
state are usually titled ‘R (for Regina or Rex, i.e.
Queen or King) versus ( defendant)’.
The prison system in England and Wales is called Her Majesty's Prisons (or His Majesty when the monarch
is male) and criminals are detained on the monarch’s authority.
The monarch, on the advice of Ministers, may
exercises the prerogative of mercy in the form of
free or conditional royal pardons.
Note: Different terms for law courts, the prosecution service and prisons are used in Scotland and Northern Ireland.
Sovereign Immunity
Because justice is carried out on the authority of the monarch as the Fount of Justice, the monarch cannot be sued as a person in his or her own courts, and cannot take part in any trial that is held on his or her authority, either as a defendant or a witness. This is done to preserve the dignity and authority of the monarch as the 541
guarantor of justice. The ‘Crown’ however can be sued in its capacity as the state, government or public agencies.
The monarch is immune from arrest in all cases, and no arrest of any person can be made in the monarch's
presence or within the verges of a royal palace. Judicial proceedings cannot be undertaken in a royal residence.
Other members of the Royal Family can be sued as
persons, are not immune from arrest, and can take part in criminal or civil proceedings, including the Prince of Wales.
It is important to note that although the monarch cannot be sued for any breach of law, monarchs over the last 200 years have been careful to ensure that all their activities and those of their household are carried out in accordance with current laws.
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The Monarchy
and the Church
Ever since the Protestant Reformation of the English Church in the 16th century, the monarch has been the Supreme Governor of the Church of England. The title was first used in modified form by Kings Henry VIII and Edward VI who called themselves Supreme Head of the Church England. It was changed to Supreme Governor of the Church of England under Elizabeth I in 1563 after the Thirty Nine Articles of Religion were passed. The Articles, still in force today, proclaim that the monarch is the ultimate authority in the Church, not because of any specific religious claim but simply because the monarch is said to have ultimate authority over all institutions within the kingdom, including the Church, as it was believed to have been for kings in ancient Israel as described in the Old Testament. The title is therefore jurisdictional rather than sacramental, meaning that the monarch has
ultimate authority over the government of the Church in all its areas but does not claim spiritual authority nor takes part in practical governance. Day-to-day spiritual leadership in the Church of England is exercised by the church’s highest prelate, the Archbishop of Canterbury, 543
whilst ultimate government of the Church is vested in a General Synod which meets every five years. The
monarch however still holds formal and symbolic roles in the life of the Church, including the ones below.
At his or her coronation the monarch must swear an oath to maintain the true profession of the Gospel
and the Protestant religion in the UK; to preserve the settlement of the Church of England regarding its
doctrine, worship and government; and to preserve
the lawful rights and privileges of the clergy.
The monarch bears the title of ‘Defender of the
Faith’ among his or her official titles (see below).
The monarch officially opens the General Synod of the Church of England every five years, and gives a speech at the opening ceremony.
Measures passed by the General Synod must receive Royal Assent from the monarch in order to become
legal. Measures that affect the nation as a whole are first sent to Parliament (who can either accept them or reject them but not amend them), and then are
submitted for Royal Assent. Legislation on canon law only (governing the church’s domestic affairs) goes directly to the monarch for Royal Assent.
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The monarch appoints all Church of England
archbishops, bishops and deans of cathedrals on the advice of the Prime Minister and Church
Commissions. Once appointed, these clergy must
take an oath of allegiance to the monarch and may
not resign without royal approval.
Upon their licensing, all parish priests in the Church of England must swear an oath of allegiance to the
monarch.
Church of England religious services usually include prayers for the health and preservation of the
monarch.
In order to fulfil the role of Supreme Governor of the church, the monarch and heirs to the throne must be in communion with the Church of England and be
confirmed members in that faith.
The Title of ‘Defender of the Faith’
‘Defender of the Faith’ used to be one of several titles that were bestowed by popes on virtuous Christian
monarchs from the Middle Ages onwards. The English
title of Defender of the Faith was originally bestowed by Pope Leo X on King Henry VIII in 1521 as a reward for a 545
treatise Henry wrote against Martin Luther, the Assertio Septem Sacramentorum, or ‘Defence of the Seven Sacraments’. In its original meaning, the title proclaimed Henry a Defender of the Catholic Faith against Protestant heresies.
In one of the great ironies of history, Henry later used Martin Luther’s same Protestant heresies to break
relations with the Catholic Church and form the Church of England. As a consequence, the title of Defender of the Faith was revoked by Rome in 1538 when Pope Paul III excommunicated Henry VIII. The title however was re-conferred anew on Henry by the English Parliament in 1543-44, this time to signify his defence of the new Church of England’s Protestant faith. The title was temporarily abolished by his Catholic daughter Mary I when she became Queen in 1553, but was re-adopted by her Protestant successor Elizabeth I in 1558. It has since been part of the official titles of all English, and later British, monarchs, signifying that the monarch is the defender of the Protestant faith professed by the Church of England and the Church of Scotland (see below).
Elizabeth II is the 21st monarch to bear this title since Henry VIII. Since 1714, the title has been stamped on all British coins in the shortened form FD or FID DEF, from the Latin Fidei Defensor. To note, the title of Defender of the Faith is applicable only to the monarchy of the United Kingdom and Northern
Ireland, where the monarch is the 546
Supreme Governor of the established Church of England and official protector of the Church of Scotland. In other Commonwealth realms where there are no state-sponsored churches the title is omitted.
The Monarchy and the Church of Scotland
The monarch has a separate, special relationship with the established Church of Scotland which, unlike the Church of England, is free from state control. The Church of Scotland is also Presbyterian in nature and does not possess an ecclesiastical hierarchy so the monarch is not its Supreme Governor. Supreme authority is vested in the Church’s General Assembly. The monarch is a simple
ordinary member of the Church of Scotland (insofar as he/she is also in communion with the Church of England), but also act as protector of its independence, and is required to swear an oath on accession to preserve its freedom.
As protector of the Church of Scotland, the monarch is represented by a Lord High Commissioner at yearly
general meetings of the Church’s General Assembly. The Lord High Commissioner’s job is to open and close the General Assembly meetings, and to inform the monarch of the business undertaken. He or she has no voting power and cannot contribute to debates. Lord High
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Commissioners are appointed by the monarch every year and occasionally have included members of the Royal Family including the Prince of Wales, Princess Anne, Prince Andrew, and Prince Edward. Queen Elizabeth II is the only monarch in the last 300 years to have attended meetings of the General Assembly in person during her reign, in 1969 and 2002.
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The Monarchy and
the Armed Forces
The link between the monarchy and the Armed Forces is an ancient one, dating back to the time when kings led armies into battle. The last British king to personally lead troops into battle was George II in 1743 at the Battle of Dettingen, and today the monarch does neither lead
troops nor is involved in military affairs. He or she however is still the official Head of all the British Armed Forces, and even though de-facto executive authority rests with the Prime Minister, the Cabinet and
Parliament, the monarch and rest of the Royal Family retain important ceremonial and formal roles in military affairs, including the following:
On enlistment, members of the British Armed Forces are required to take an oath of allegiance to the
monarch as Head of the Armed Forces.
The monarch is the only person who can declare war.
This prerogative today is exercise by the Prime
Minister and the government on behalf of the
monarch.
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The monarch meets regularly with the Chief of the Defence Staff, the Service Chiefs, and the Defence
Secretary, and also keeps regularly in touch with the work of the Services through a dedicated Defence
Services Secretary who is normally a serving officer.
The monarch and members of the Royal Family take
part in the annual Cenotaph ceremony in November
to commemorate the dead from all the wars. They
also attend the festival of Remembrance during the
same month held at the Royal Albert Hall.
The monarch and other members of the Royal Family hold various appointments and honorary ranks in the Armed Forces (see next section), meant to foster a
special link between the crown and the services.
The monarch and senior members of the Royal
Family personally bestow awards and decorations to
members of the Armed Forces, usually in ceremonies
at royal palaces.
The monarch and members of the Royal Family
undertake regular visits to units, ships and bases of all the British Armed Forces, both at home and
overseas, to show support. They often visit troops
deployed abroad in active operations, and welcome
troops home.
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In addition to the above, future monarchs and other members of the Royal Family are encouraged to serve in the Armed Forces for a period of time at some point in their lives to better understand its work and culture.
Monarchs who experienced active service in the Armed Forces in the last 300 years have included George I, George II, William IV, Edward VII, George V, Edward VIII and George VI. Queen Elizabeth II served in the Women’s Auxiliary Territorial Service based in London as a
honorary Subaltern during the Second World War. Recent Royal Family members who have served in the British Armed Forces include the Prince of Wales, Prince
Andrew, Prince William, and Prince Harry.
Some Notable Historical Acts of
Royal Support for the Armed Forces
The link between the monarchy and the Armed Forces
has been strengthened over the centuries by specific acts of royal support for active servicemen or wounded
soldiers. Listed on the following pages are some notable instances of this support over the last 350 years.
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1681: The Royal Hospital, Chelsea, London
Charles II founded the Royal Hospital in Chelsea in 1681
to provide for soldiers who were broken by age or war.
The first soldiers were admitted in 1692 and the Hospital continues to serve as a retirement home for ex-servicemen and ex-servicewomen today, with a statue of its founder Charles II standing in its main courtyard.
‘Chelsea Pensioners’ must be over 65 and have served as regular soldiers in the British or Commonwealth Armed Forces.
1692: The Royal Naval Hospital, Greenwich,
London
Queen Mary II founded the Royal Naval Hospital in 1692
as a naval counterpart to the Royal Hospital in Chelsea to provide for wounded sailors. She ordered that the
Hospital be housed initially in the former royal palace of Greenwich, with new dedicated buildings erected
afterwards. The Hospital served as a retirement home for sailors until 1869, after which the buildings housed the Royal Naval College until 1998. The Royal Naval Hospital survives today as a charity institution providing support for Royal Navy and Royal Marines ex-personnel.
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1856: The Establishment of the Victoria Cross
Queen Victoria instituted the Victoria Cross in 1856 to recognize highest acts of bravery in the face of enemy action, to be awarded to any member of the Armed
Forces regardless of rank. The design of the medal was chosen by Victoria and Prince Albert themselves. Victoria also personally awarded the first medals to 62 veterans of the Crimean War in a ceremony in 1857. The Victoria Cross remains today the highest military decoration in Britain, as well as the highest honour that can be
bestowed in the kingdom.
1914: Princess Mary’s Christmas Boxes
Princess Mary, daughter of King George V, was involved in a public fund established in 1914 to supply Christmas gifts to British troops during the first year of World War I.
The gifts were tin boxes containing chocolates, sweets, tobacco and a personal greeting from King George V and Queen Mary, and bore the name ‘Princess Mary’s
Christmas Gift Box’. It was delivered to over 350,000
soldiers and sailors in time for Christmas 1914. As everyone thought the war would finish in 1915 the fund was unfortunately not extended for the following years.
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1918-1920: Honouring First World War Soldiers
At the end of the First World War George V sent a
personal message to more than 150,000 British prisoners of war coming back home from Germany. He was also
involved with the repatriation of the Unknown Warrior to Britain and with his burial in Westminster Abbey. George personally walked behind the Unknown Warrior’s hearse in London during the memorial procession from
Whitehall to Westminster Abbey, and on the same day he also opened the Ceno
taph monument in Whitehall which commemorated all the dead from the First World War.
1939-1945: Field Visits to Troops during the Second World War
Although it is well known that King George VI and Queen Elizabeth visited bombed areas in Britain during the Second World War, the king’s visits to British troops abroad are less known today. George VI first visited the British Expeditionary Force in France in December 1939.
He then visited North Africa and Malta in June 1943 when he travelled over 6,000 miles in two weeks to visit military camps and battlefields. He also visited the Normandy beaches 10 days after D-Day in June 1944, he was in Southern Italy in July-August 1944, and he visited liberated Belgium in October 1944.
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Royal Honorary Positions
in the Armed Forces
Most members of the Royal Family hold honorary
positions in the British Armed Forces, usually within individual regiments and units. These positions allow the monarchy to retain a personal link with the military, while at the same time individual units gain a royal patron who becomes involved in the life of the unit by sending messages of support, visiting troops, and