Wednesday, September 14, 2022

Privy

Privy (pronounced priv-ee)

(1) Participating in the knowledge of something private or secret (usually as the phrase “privy to).

(2) Private; assigned to private uses; exclusive; not public; one's own.

(3) Belonging or pertaining to some particular person (in or with reference to constitutional law, especially as applied to a sovereign).

(4) Secret, concealed, hidden, or secluded; acting or done in secret (archaic).

(5) In law (usually of contractual matters, a person participating directly in or having a derivative interest in a legal transaction.

(6) A toilet, lavatory, loo (mostly obsolete and tended to be applied to outside structures (also as outhouse)).

(7) Of or relating to one person only (archaic).

1175–1225: From the Middle English pryvy & prive (secret, concealed, not made known in public), from the Old French privé (close friend (adjective) & private place (noun), from the Latin prīvātus (private; deprived), the perfect passive participle of prīvō (I bereave, deprive; I free, release).  The adjectival form came first in the sense of something "secret, concealed, not made known in public", the noun forming later to describe places secluded or deliberately hidden" a direct use of the Old French privé (friendly, intimate; a private place) from the Latin prīvātus.  The now familiar phrase “privy to” (participating something a secret to most others) is from the late fourteenth century.  The phrase Privy member (organ of sex; the genitals) was from the late thirteenth century.

A privy.

The sense of the noun privy meaning "latrine, outdoor toilet in a small shed (outhouse) dates from circa 1200, from Old French privé & privee used in the same sense, the meaning in French literally "private place, the noun derived from the adjective.  Historically, the outdoor facilities for urination and defecation were differentiated by being either open (latrine) or enclosed (privy).  Privy (the spelling privie is obsolete) is a noun & adjective, privier & priviest are adjectives, privily (the spellings prively, priuely, pryvely & pryuely long obsolete) is an adverb and priviness is a verb; the noun plural is privies.  A privy chamber was the private apartment of a royal residence in England, analogous with places like the pope's apartment in the Vatican, the flat in 10 Downing Street or the residence in the White House.  In the English (and later the UK's) monarchy, the term privy chamber referred nominally to the place but more broadly to the sovereign’s private office and staff.  In an age when the authority of kings and queens was greater than now, the privy chamber was the most influential department in the royal household and thereby the system of government.  In the sixteenth century, as the role and extent of government expanded, the Privy Chamber came to be understood as a political institution, something distinct from the king's apartment (loosely referred to as the bedchamber).  In that way, the privy chamber became the outer chamber (often styled as the "presence chamber" or "chamber of the presence) although historians have noted that the key to influence lay in access to the bedchamber.  The privy purse was literally a ceremonial bag carried at ceremonies by the keeper of the privy purse (it’s not clear of ever it was used to carry cash or indeed anything) and the phrase is still use to refer to (1) the British monarch's private income from various sources, (2) the net total of the monies available to the monarch for private or personal expenses (as distinct from what's incurred in the discharge of official duty as head of state et al) and (3) the official and the office which acts as comptroller of the monarch's finances.

Privy to secrets: Deconstructed, Mean Girls (2004) was about who was privy to secrets and who was not.

In England, the term Privy Council emerged circa 1300 in a general sense and the familiar use to describe the organ of government dates from the late fourteenth century although, reflecting the court practice of the age, it was originally styled (using the French word order) as consaile priue and existed as a group of advisors to the monarch who were summoned or not at his pleasure.  That evolved to a system in which those summoned were those supporting the government of the day and that is essentially the present form although those no longer in favor don’t cease to be privy councilors; they are just not summonsed.  In practice, the advisory body is now the cabinet (all of whom will be privy councilors) although larger assemblies of the Privy Council are sometimes convened for constitution or ceremonial occasions such as the recent proclamation of King Charles III as monarch.

The Judicial Committee of the Privy Council (JCPC) in session.

The historic judicial functions of the King-in-Council are now performed by Judicial Committee of the Privy Council (JCPC). The JCPC consists of senior judges appointed as Privy Councillors: predominantly Justices of the Supreme Court of the United Kingdom although senior judges from the Commonwealth can still be appointed. The Privy Council formerly acted as the High Court of Appeal for the entire British Empire (other than for the United Kingdom itself) and continues to hear judicial appeals from some other independent Commonwealth countries, as well as Crown Dependencies and British Overseas Territories.  Although the Privy Council’s decisions are mostly not binding on the UK’s domestic courts, the rulings are held to be extremely persuasive as other respected tribunals (US Supreme Court, Supreme Court of Canada et al) are regarded.  One quirk of the Australian Constitution is that, the 1986 Australia Acts notwithstanding, the High Court can issue a certificate referring certain cases to the council but none has been granted for a century and the court has long made clear there’ll be no more.  As a bit of a relic of English constitutional history and the established church, in the United Kingdom, the Privy Council retains appellant jurisdiction some domestic matters:

(1) Appeals from the Arches Court of Canterbury and the Chancery Court of York in non-doctrinal faculty causes

(2) Appeals from the High Court of Chivalry.

(3) Appeals from the Court of Admiralty of the Cinque Ports and Admiralty prize courts.

(4) Appeals from the Disciplinary Committee of the Royal College of Veterinary Surgeons.

(5) Disputes under the House of Commons Disqualification Act, essentially a role similar to that the High Court of Australia discharges as the Commonwealth’s Court of Disputed Returns.

The JCPC (always referred to as “the Board”) was long noted (and much admired) for handing down single judgments without dissenting opinions; a fine example of judicial clarity and efficiency that other courts showed no inclination to follow.  Unfortunately, in recent decades, multiple opinions have been allowed.

Looking the other way while the Supreme Leader is engaged.

The Supreme Leader, mid-engagement.

The statesman who has done most to advance privy design is Kim Jong-un (Kim III, b 1983; Supreme Leader of the DPRK (North Korea) since 2011).  On the rare occasions the Supreme Leader leaves the DPRK (traveling usually by train), included in his inventory is a customized state limousine (either a Mercedes Maybach S62 or a Mercedes Maybach S600 Pullman), said by some to include a "built-in toilet".  No photographic evidence of the convenient installation seems to have appeared but the "information" has appeared on the internet so users regard it vested with whatever veracity seem appropriate.  Apparently, it's easy to tell when the Great Leader is relieving himself inside his mobile privy because the security detail always discreetly looks away from the car.  Other than the rumored privy plumbing, the cars are distinguished from the standard models by a longer wheelbase, an armored floor and laminated windows, all features designed to withstand attacks by firearms or explosives & bullets.  It's further claimed (un-named) "diplomatic sources" have confirmed the DPRK's security agencies (there are several, all of which also monitor and investigate each other) had the vehicles commissioned to prevent foreign spies from taking stool or urine samples which could be analyzed to allow Kim Jong-un's state of his health to be determined.  The Supreme Leader is probably right to take precautions because several sources have reported the US Central Intelligence Agency (CIA) has made more than one attempt to collect his fecal samples (nice work if you can get it).  Quite how the DPRK obtains their fleets of Mercedes-Benz has been the subject of speculation because the sanctions imposed by the EU (European Union) and others should prevent such transactions so either there's been some sanction-busting (a long and lucrative tradition) or the Supreme Leader has resorted to buying used cars, a thing analysts think most improbable. 

Within the borders of the DPRK, the logistics are simpler, the Supreme Leader always provided with a portable privy for his exclusive use, at all times under military guard to ensure no others intrude.  It's believed whenever he leaves the privy, recalling an old DPRK adversary, he utters the words "I shall return".

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