Wednesday, May 10, 2023

Vagrant

Vagrant (pronounced vey-gruhnt)

(1) A person who wanders about idly and has no permanent home or employment; vagabond; tramp.

(2) In law in a number of jurisdictions, an idle person without visible means of support, as a tramp or beggar.

(3) A person who wanders from place to place; wanderer; rover; wandering idly without a permanent home or employment; living in vagabondage:

(4) In botanical science, plants showing uncontrolled or straggling growth (or, in casual use), a leaf blown by the wind.

(5) In zoology (especially ornithology), an animal, typically a bird, found outside its species’ usual range (and used also to describe a migratory animal that is off course)

(6) A widely-distributed Asian butterfly, Vagrans egista, family Nymphalidae.

1400-1450: From the Middle English vagraunt (wandering about) from the Anglo-Norman vageraunt, wakerant, wacrant, waucrant & walcrant (vagrant).  It’s thought probably from the Old French wacrant & waucrant (wandering about), apparently the present participle of wacrer, waucrer & walcrer (to wander, wander about as a vagabond), from the Frankish walkrōn (to wander about), a frequentative form of walkōn (to walk, wander, trample, stomp, full), from the Proto-Germanic walkōną, wancrer & walkaną (to twist, turn, roll about, full), from the primitive Indo-European walg & walk (to twist, turn, move). It was cognate with the Old High German walchan & walkan (to move up and down, to press together, full, walk, wander), the Middle Dutch walken (to knead, full), the Old English wealcan (to roll), the Old English ġewealcan (to go, walk about), the Old Norse valka (to wander) and the Latin valgus (bandy-legged, bow-legged).  Vagrant, vagrantism, vagrantness, vagrantness, vagrance & vagrancy are nouns, vagrantly is an adverb and vagrantize is a verb; the noun plural is vagrants. 

The archaic equivalent was vagrom (ˈveɪɡrəm) and, although contested, the evolution may have been influenced by the Old French vagant (vagabond) which is derived from the Latin vagārī (to wander).  The Old French waucrer is interesting because of the twin suffixes, (the construct being walc- + -r- (frequentative suffix) + -en (infinitive suffix).  Both vagrant and vagabond ultimately derive from the Latin word vagārī, (wander).  Vagabond is derived from Latin vagabundus; in Middle English, vagabond originally denoted a criminal.  The use of vagrancy to describe a "life of idle begging, is attested from 1706 and in the 1640s it was used in the figurative sense of, "mental wandering", an allusion to the earlier literal meaning.  By the late eighteenth century, in English law it had become a catch-all for miscellaneous petty offenses against public order and this was, to varying degrees, effected in most English-speaking jurisdictions, often in a category of “statutory offences” whereby the police could arrest and impose periods of brief incarceration without any judicial review.  In some places, these arrangements lasted well into the twentieth century.

William Shakespeare (1564–1616) was masterful in the way his writing mixed light and dark, his fools deployed for the obvious comic relief but often it was they who proved more wise than sterner characters, revealing truths hidden to others.  Dogberry, the fool in Much Ado About Nothing (1600), is the only one in the cast with the sense to bring Don John and his comrades to justice and is an example of the use of the fool of as literary device in the Shakespearian theme of juxtaposing appearance and reality.

Dogberry's Charge to the Watch (1859), oil on canvas by Henry Stacy Marks (1829–1898).

Vain and proud of his role as Constable, at which he's demonstratively incompetent, earnestly Dogberry encourages his men to "comprehend all vagrom", by which he means “arrest all vagrants”.  Anticipating Mrs Malaprop by a hundred and seventy-five years, unlike some of the bard’s coinings, “vagrom” never entered standard English but did remain part of educated slang until late in the nineteenth century and, in that era, is documented among London police as a jocular collective noun for undesirables, vagrant or not.

Roots of the Queensland Vagrants Gaming and Other Offences Act (1931)

The first vagrancy law in the English speaking world was the English Ordinance of Labourers (1349).  A legislative response to the effects of the Black Death, it sought to increase the available workforce by making idleness (unemployment) an offence.   A vagrant was defined as a person who could work but chose not to, and having no fixed abode or lawful occupation, begged; it was punishable by branding or whipping.  Vagrants were distinguished from aged or sick, later formalised by Henry VIII's (1491–1547; King of England (and Ireland after 1541) 1509-1547) Vagabonds Act (1530) which granted a beggar’s licence those too old or otherwise incapable of working.  Vagrants continued to be dealt with harshly, punishments being more severe for a second offence and those guilty a third time subject to execution.  In an effort to encourage the industrious to dob-in malingerers, Edward VI's (1537–1553; King of England and Ireland 1547-1553) Vagabonds Act (1547) permitted, in addition to even more barbaric punishments, the vagrant could be given as a slave to the person who denounced him.  It's not known if either the governor of Texas or the state legislature looked at the 1547 act when drafting their 2021 anti-abortion legislation.

The wear & tear once associated with vagrants has become designer distress: Lindsay Lohan illustrates the tatterdemalion look.

In England, Elizabeth I (1533–1603; Queen of England & Ireland 1558-1603) revised the Vagabonds Act in 1572, retaining most punishments and adding the possibility of transportation to the American colonies, News South Wales (NSW) & Van Diemen's Land (later Tasmania) not yet available.  Execution was now possible for a second offence and any rogue charged a third time would escape death only if someone hired him to work for two years while changes to the act in 1597 banished "incorrigible and dangerous rogues" to the penal settlements overseas.  It wasn’t until 1795 that any attempt was made by the authorities to address the causes of vagrancy when a form of outdoor relief intended to mitigate rural poverty was instituted and the first recognisably modern vagrancy act was passed in 1824.  In Australia, Queensland’s Vagrants, Gaming and Other Offences Act (1931) contained elements of the 1824 English act and wasn’t repealed until 2004.  The repeal had the useful effect of it becoming lawful to wear felt slippers in hours of darkness while outside one’s place of abode.

Walmart doesn’t operate in Queensland but, had a store opened there after 2004, it would have been lawful to wear slippers when shopping.  While Queensland legislation is silent on the matter and there’s no case law, it may always have been lawful to go shopping wearing pajamas and a dressing gown so the 2004 reform seems sensible.

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