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  • Written by The Conversation

When a royal faces scrutiny, it can feel like a rupture with tradition. Yet across the ages, British royals have repeatedly fallen under suspicion. What makes the arrest of Andrew Mountbatten-Windsor so striking is that we have to reach back to the 17th century to find anything comparable.

The royals are by no means strangers to scandal, but allegations of law-breaking are another matter entirely. Mountbatten-Windsor’s fall from grace will have huge repercussions for the British royals, and it also gives us an insight into how the handling of the royals has changed since Queen Elizabeth’s death.

When the crown fell

This is not the first time the British royals have crossed paths with the law. In 1483, Richard III became associated with the disappearance of his nephews, the Princes in the Tower. The two princes were legitimate heirs and therefore direct threats to Richard’s claim to the throne. He was never tried in court, and historians still debate the evidence.

The most dramatic confrontation between monarchy and law came with Charles I. He was accused of treason during the English Civil War. He was arrested in 1647, tried and publicly executed. This act stunned Europe and shattered the belief royals were above the law.

As a consequence, England abolished the monarchy and became a republic under Oliver Cromwell. So the last time a member of the royal family was arrested and tried, the crown itself fell.

That precedent matters because it underscores how rare royal arrests are. For more than three centuries the monarchy has avoided that spectacle. The fact Andrew’s arrest forces comparison with Charles I reveals how rare the moment is.

Reputation as royal strategy

By the 19th century, the monarchy survived less through force and more through reputation. Under Queen Victoria (1837-1901), the crown cultivated domestic virtue and moral seriousness as a shield against instability. Respectability became a strategic defence against scandal.

However, fame and power inevitably lead to very high public interest, and scandals made their way into print culture and later mass media. Prince Albert Victor, the grandson of Queen Victoria, was accused of being Jack the Ripper. It’s a claim historians have largely rejected as conspiracy theory, yet it persists because it speaks to fears about royal cover-ups.

James II was removed from the throne in 1688 during the Glorious Revolution amid claims he undermined Protestantism laws and promoted Catholic officials. His perceived abuse of power, rather than a single prosecutable crime, cost him the throne.

In the 20th century, Edward VIII generated a different kind of unease. After his abdication in 1936, evidence emerged of his sympathy toward Nazi Germany followed by his 1937 meeting with Adolf Hitler in Germany. While there was no prosecution, it did cause serious damage to Edward’s standing and public trust.

The collapse of deference

For much of the 20th century, the monarchy operated within a culture of deference. The press refrained from reporting royals’ private lives and indiscretions were quietly managed. The arrangement insulated the royal family from sustained exposure. However, this began to change after a series of scandals in the 1990s. This eventually led Elizabeth II to call 1992 her annus horribilis.

The rise of tabloid journalism eroded old boundaries, and digital media dissolved them entirely. Silence now intensifies suspicion rather than calming it, as was the case with royal silence about the Princess of Wales’ health in early 2024, forcing them to go public with her cancer battle.

Influence, access and optics

Even before Andrew Mountbatten-Windsor’s arrest, the optics were damaging.

His arrest lands in this transformed landscape. During his tenure as the United Kingdom’s Special Representative for International Trade and Investment, he cultivated relationships with political leaders and wealthy business figures across the Middle East and Central Asia. Critics questioned whether he blurred the line between official trade promotion and private networking.

The 2010 “cash for access” episode involving Mountbatten-Windsor’s wife Sarah Ferguson deepened that perception. She was filmed offering introductions to Andrew in exchange for substantial payment. Although she apologised and Andrew denied involvement, the imagery of monetised proximity to the crown was corrosive.

In 2021, an undercover investigation suggested the queen’s cousin Prince Michael of Kent was prepared to use his royal status to assist a fictitious company in exchange for payment. He denied wrongdoing, but the harm was done.

A brand without insulation

Under Elizabeth II, longevity conferred authority and steadiness that often softened scandal. Under Charles II, the institution appears more exposed. Mountbatten-Windsor’s arrest disrupts and exposes the royal family to reputational damage. While he was later released, the scandal still has a long way to play out.

Charles is a constitutional monarch. He can’t interfere in police investigations or prosecutorial decisions without provoking a constitutional crisis. His authority is symbolic rather than executive.

But he can excise Andrew’s inner circle, including his daughters, further from public life. He has already stripped his brother of his royal titles and told him to leave his home, Royal Lodge.

Yet even that has limits. Charles’s power now rests less on control than on credibility. In a permanently watchful society, judgement is delivered not in private but in full view.

The precedent that lingers

The last time a reigning monarch was arrested, England abolished the monarchy and became a republic. The historical echo is impossible to ignore. It reminds us that when the crown becomes entangled with criminal process, the consequences resonate beyond the individual.

Mountbatten-Windsor’s arrest underscores how fragile that trust can be and how decisively it is shaped by the court that really matters, that of public opinion. While Andrew is not the king, the scandal may have been softened if his brother Charles acted more decisevly and sooner to remove him from the inner circles of the monarchy.

Royal scandals chip away at the sense of mystery that has long protected the crown. The monarchy survives not because it holds real political power, but because it represents stability, dignity and something slightly removed from everyday life.

When royals are caught up in scandal, that sense of distance collapses, and the institution can begin to feel more fragile than untouchable.

Correction: this piece previously said Charles I was arrested in 1649. It has been changed to 1647.

Read more https://theconversation.com/could-andrew-mountbatten-windsors-arrest-bring-down-the-british-monarchy-276508

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