The title of the book is taken
from words addressed to the Sovereign during the coronation service which,
the author points out, plays a much more important part in the life of our
nation than is generally recognised. It is not just an empty ceremony but
the occasion when Divine Law is acknowledged as the source of all our law.
The service reminds, not only the monarch but all those assembled in
Westminster Abbey (with television, the audience is worldwide) of a basic
tenet of the British constitution, expressed by the 13th century lawyer
Bracton as: 'The King [or Queen] must be under no man but under God and
the law, for the law makes the King'. The barons in forcing King John to
sign Magna Carta were insisting that he abide by the law and his
coronation oath.
This principle has frequently been compared, down the ages, with the
Justinian precept, 'What pleases the prince has the force of law', which
lies behind continental, Roman law. The civil freedom we enjoy in Britain
today stems from Bracton's statement, which regulates all our public
servants, from prime minister to police officer, and which has enabled us
to give freedom under law to large parts of the world - whereas in
Brussels, what pleases the Commissioners has the force of law.
Writing after the Second World War, where Britain had been fighting to
preserve the rule of law, Professor R W Chambers emphasised the importance
of this principle enshrined in our coronation service: 'Upon that
difference - whether or no we place Divine Law in the last resort above
the law of the State - depends the whole future of the world'
The book also shows that there is government behind government, with a
greater purpose and permanence than the changing spectrum of party
political strife. This government consists of institutions, mostly of
medieval origin, the monarchy, parliament, common law, jury system,
church, universities and armed forces. The powers working through these
institutions (which meet in the House of Lords) are made available to the
government of the day, and may be retracted if and when they are abused -
as the prime minister of Australia discovered in 1975.
Two appendices contain extracts from Queen Elizabeth II's coronation
service and an Anglo-Saxon document entitled Institutes of Polity,
Civil and Ecclesiastical.
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