Showing posts sorted by date for query Prerogative. Sort by relevance Show all posts
Showing posts sorted by date for query Prerogative. Sort by relevance Show all posts

Sunday, July 21, 2024

Harlot

Harlot (pronounced hahr-luht)

(1) A prostitute or promiscuous woman; one given to the wanton; lewd; low; base.

(2) By extension, in political discourse, an unprincipled person (now rare).

(3) A person given to low conduct; a rogue; a villain; a cheat; a rascal (obsolete).

(4) To play the harlot; to practice lewdness.

Circa 1200: From the Middle English harlot (young idler, rogue), from the Old French harlot, herlot & arlot (rascal; vagabond; tramp”), of obscure origin but thought probably of Germanic origin, either a derivation of harjaz (“army; camp; warrior; military leader”) or a diminutive of karilaz (man; fellow); most speculate the first element is from hari (army).  It was cognates with the Old Provençal arlot, the Old Spanish arlote and the Italian arlotto.  The long obsolete Middle English carlot (a churl; a common man; a person (male or female) of low birth; a boor; a rural dweller, peasant or countryman) is thought probably related.  Harlot was a noun and (less often) a verb, harlotry a noun and harlotize a verb; the present participle was harloting (or harlotting), the simple past and past participle harloted (or harlotted) and there’s no evidence exotic forms like harlotistic or harlotic ever existed, however useful they might have been.  Harlot is a noun & verb, harlotry is a noun, harlotish is an adjective, harlotize and harloted & harloting are verbs; the noun plural is harlots.  The adjective harlotesque is non-standard.

Harlot as a surname dates from at least the mid-late 1100s but by circa 1200 was being used to describe a “vagabond, someone of no fixed occupation, an idle rogue" and was applied almost exclusively to men in the Middle English and Old French.  Geoffrey Chaucer (circa 1345-1400) used harlot in a positive as well as pejorative sense and in medieval English texts it was applied to jesters, buffoons, jugglers and later to actors.  What is the now prevalent meaning (prostitute, unchaste woman) was originally the secondary sense but it had probably developed as early as the late fourteenth century, being well-documented by the early fifteenth.  Doubtless, it was the appearance in sixteenth century English translations of the Bible (as a euphemism for "strumpet, whore") which cemented the association.

In harlotesque mode: Lindsay Lohan in fancy dress as Suicide Squad's (2016) Harley Quinn, Halloween party, London, November 2016.  It may be a cliché but for purposes of fancy dress, fishnet stockings (or tights) are the motif of choice for those wanting the "harlot look". 

The biblical imprimatur didn’t so much extend the meaning as make it gender-specific.  The noun harlotry (loose, crude, or obscene behavior; sexual immorality; ribald talk or jesting) had been in use since the late fourteenth century and the choice of harlot in biblical translation is thought an example of linguistic delicacy, a word like “strumpet” though too vulgar for a holy text and “jezebel” too historically specific.  In this, harlot is part of a long though hardly noble tradition of crafting or adapting words as derogatory terms to be applied to women.  It has to be admitted there are nuances between many but one is impressed there was thought to be such a need to be offensive to women that English contains so many: promiscuous, skeezer, slut, whore, concubine, courtesan, floozy, hooker, hussy, nymphomaniac, streetwalker, tom, strumpet, tramp, call girl, lady of the evening, painted woman et al.  So the bible is influential although there’s a perhaps surprising difference in the translations of that prescriptive duo, Leviticus & Ezekiel: In the King James Version (KJV 1611), harlot appears in thirty-eight versus, but once in Leviticus, nine times in Ezekiel, some of the memorable being:.

Genesis 38:24: And it came to pass about three months after, that it was told Judah, saying, Tamar thy daughter in law hath played the harlot; and also, behold, she [is] with child by whoredom. And Judah said, Bring her forth, and let her be burnt.

Leviticus 21:14: A widow, or a divorced woman, or profane, [or] an harlot, these shall he not take: but he shall take a virgin of his own people to wife.

Joshua 6:25: And Joshua saved Rahab the harlot alive, and her father's household, and all that she had; and she dwelleth in Israel [even] unto this day; because she hid the messengers, which Joshua sent to spy out Jericho.

Isaiah 1:21: How is the faithful city become an harlot! it was full of judgment; righteousness lodged in it; but now murderers.

Ezekiel 16:15: But thou didst trust in thine own beauty, and playedst the harlot because of thy renown, and pouredst out thy fornications on every one that passed by; his it was.

Ezekiel 16:41: And they shall burn thine houses with fire, and execute judgments upon thee in the sight of many women: and I will cause thee to cease from playing the harlot, and thou also shalt give no hire any more.

Ezekiel 23:19: Yet she multiplied her whoredoms, in calling to remembrance the days of her youth, wherein she had played the harlot in the land of Egypt.

Ezekiel 23:44: Yet they went in unto her, as they go in unto a woman that playeth the harlot: so went they in unto Aholah and unto Aholibah, the lewd women.

Amos 7:17: Therefore thus saith the LORD; Thy wife shall be an harlot in the city, and thy sons and thy daughters shall fall by the sword, and thy land shall be divided by line; and thou shalt die in a polluted land: and Israel shall surely go into captivity forth of his land.

Nahum 3:4: Because of the multitude of the whoredoms of the wellfavoured harlot, the mistress of witchcrafts, that selleth nations through her whoredoms, and families through her witchcrafts.

Stanley Baldwin election campaign poster, 1929.

Phrases like “shameless harlot” and “political prostitution” used to be part of the lively language of politics but social change and an increasing intolerance of gendered terms of derision have rendered them almost extinct (the language of metaphorical violence is next for the chopping-block: guillotined, knifed, axed etc all on death row).  Harlot’s most notable political excursion came in 1931 when Stanley Baldwin (1867–1947; thrice UK prime-minister 1923-1937) was facing an orchestrated campaign against his leadership by the newspaper proprietors, Lords Rothermere (1868–1940) & Beaverbrook (1879-1964), the "press barons" then a potent force (Beaverbrook called them collectively the "press gang").  Before commercial television & radio, let alone the internet and social media, most information was disseminated in newspapers and their influence was considerable.  The press barons though, whatever their desires, couldn't be dictatorial, as Beaverbrook found when his long campaign for empire free-trade achieved little but they sometimes behaved as if they could at a whim move public opinion and often politicians were inclined to believe them.  Within the UK at the time, Rothermere & Beaverbrook weren’t exactly “by Murdoch out of Zuckerberg” but it’s hard to think of a better way of putting it.

Baldwin in 1931 found a good way of putting it.  His leadership of the Tory party challenged because he refused to support them in what was even then the chimera of empire free trade, he responded with a strident speech which appealed to the public’s mistrust of the press barons, using a phrase from his cousin Rudyard Kipling (1865-1936), ironically a friend of Beaverbrook.  Rothermere & Beaverbrook he denounced as wanting power without responsibility, “…the prerogative of the harlot throughout the ages.”  It was the most effective political speech in the UK until 1940, Baldwin flourishing and empire free trade doomed, although Beaverbrook would keep flogging the corpse for the rest of the 1930s.  Often underestimated, David Lloyd George (1863–1945; UK prime-minister 1916-1922) and Winston Churchill (1875-1965; UK prime-minister 1940-1945 & 1951-1955) would later acknowledge Baldwin as the most formidable political operator of the era.

The oratory of Lloyd-George and Churchill may be more regarded by history but Baldwin did have a way with words and less remembered lines from another of his famous speeches may have influenced climate change activist Greta Thunberg (b 2003).  Delivered in the House of Commons on 10 November 1932 in a debate on disarmament, he argued for an international agreement to restrict the development of the aircraft as a military weapon:

I think it is well also for the man in the street to realize that there is no power on earth that can protect him from being bombed, whatever people may tell him.  The bomber will always get through…”.  “The only defense is in offence, which means that you have got to kill more women and children more quickly than the enemy if you want to save yourselves. I mention that so that people may realize what is waiting for them when the next war comes.”

Prescient about the way the unrestricted bombing of civilians would be the Second World War’s novel theatre, the phrase "the bomber will always get through" reverberated around the world, chancelleries and military high commands taking from it not the need for restrictions but the imperative to build bomber fleets, Baldwin not planting the seed of the idea but certainly reinforcing the prejudices and worst instincts of many.  That was the power of the phrase; it subsumed the purpose of the speech, the rest of which was essentially forgotten including the concluding sentences:

"I do not know how the youth of the world may feel, but it is no cheerful thought to the older men that having got that mastery of the air we are going to defile the earth from the air as we have defiled the soil for nearly all the years that mankind has been on it."

This is a question for young men far more than it is for us…”  “Few of my colleagues around me here will see another great war…”  “At any rate, if it does come we shall be too old to be of use to anyone.  But what about the younger men, they who will have to fight out this bloody issue of warfare; it is really for them to decide. They are the majority on the earth. It touches them more closely. The instrument is in their hands.”

If the conscience of the young men will ever come to feel that in regard to this one instrument the thing will be done.”  “As I say, the future is in their hands, but when the next war comes and European civilization is wiped out, as it will be and by no force more than by that force, then do not let them lay the blame on the old men, but let them remember that they principally and they alone are responsible for the terrors that have fallen on the earth.

Hansard recorded Baldwin’s speech being greeted with “loud and prolonged cheers”, his enthusiasm for disarmament making him as popular as Neville Chamberlain (1869–1940; UK prime-minister 1937-1940) would briefly be in 1938 when he returned from Germany with a piece of paper bearing Hitler’s signature an a guarantee of “peace in our time”.  Soon, the views on both men would shift but historians today treat them more sympathetically.

The old and the young.

Greta Thunberg (b 2003) and Donald Trump (b 1946; US president 2017-2021), United Nations, New York, September 2019.  Ms Thunberg was attending a UN climate summit Mr Trump snubbed, going instead to a meeting on religious freedom.  Proving that God moves in mysterious ways, Mr Trump took a whole new interest in evangelical Christianity when he entered the contest for the 2016 presidential election.  Ms Thunberg seems to have noted the final paragraphs of Baldwin's speech and while convinced it’s quite right to “lay the blame on the old men” and their blah, blah, blah, which she thinks insufficient to lower carbon emissions, seems confident youth will prove more receptive to doing something about us defiling the earth.

Greta Thunberg, How Dare You? (Acid house mix).

Thursday, July 11, 2024

Prerogative

Prerogative (pronounced pri-rog-uh-tiv)

(1) An exclusive right, privilege, etc, exercised by virtue of rank, office, or the like; having a hereditary or official right or privilege.

(2) A right, privilege, etc, limited to a specific person or to persons of a particular category.

(3) A power, immunity, or the like restricted to a sovereign government or its representative.

(4) Characterized by lawless state actions (refers to the prerogative state)

(5) Precedence (obsolete except in the legal sense of the hierarchy of rights).

(6) A property, attribute or ability which gives one a superiority or advantage over others; an inherent (though not necessarily unique) advantage or privilege; a talent.

(7) In constitutional law, a right or power exclusive to a head of state (often derived from the original powers of a monarch) or their nominee exercising delegated authority, especially the powers to appoint or dismiss executive governments.

1350-1400: From the Anglo-Norman noun prerogatif, from the Old French prerogative, from the Latin praerogātīva (previous verdict; claim, privilege), noun use of the feminine singular of praerogātīvus (having first vote; privileged), in Anglo-Latin as prerogativa from late thirteenth century.  The origin lay in a statute in the civil law of Ancient Roman which granted precedence to the tribus, centuria (an assembly of one-hundred voters who, by lot, voted first in the Roman comita).  The law guaranteed them a praerogātīvus (chosen to vote first) derived from praerogere (ask before others).  The construct of praerogere was prae (before) + rogare (to ask, ask a favor), apparently a figurative use of a primitive Indo-European verb meaning literally "to stretch out (the hand)" from the root reg- (move in a straight line).  In Middle English, the meaning "an innate faculty or property which especially distinguishes someone or something" was added.  The alternative spelling prærogative is long obsolete.  Prerogative is a noun & adjective, prerogatived is an adjective and prerogatively is an adverb; the noun plural is prerogatives.

In English law, a court classified as “a prerogative court” was one through which the discretionary powers, privileges, and legal immunities reserved to the sovereign could be exercised.  The best known of these courts was the Court of Exchequer, the Court of Chancery and the Court of the Star Chamber (the latter one of those institutions formed to rectify injustice but which was later the source of much; the Court of the Star Chamber may be used as a case-study explaining the phrase: “the road to hell is paved with good intentions”).  In time, clashes between the prerogative courts and common law courts became something of a proxy-theatre in the contest between the king and parliament.  The way that worked out was that the ancient (essentially personal) prerogative rights of the monarch weren’t abolished but rather exercised by parliament or institutions (including courts) to which the powers were delegated.  Whether any prerogative power remains in the hands of the sovereign to be used in “extraordinary and reprehensible circumstances” remains a matter of debate.  There were also ecclesiastical prerogative courts under the authority of the archbishops of Canterbury and York but they existed only to handle probate matters in cases where estates beyond a certain defined value were spread between the two dioceses but they also handled many wills of those who died in colonial or other overseas service.  As part of the great reforms of the late nineteenth century undertaken in the Judicature Acts (1873-1899) the jurisdiction of the ecclesiastical prerogative moved to the common law courts, being finally vested in the Family Division of the High Court of Justice.

In English law, the still sometimes invoked prerogative writ (the best known of which were habeas corpus (from the Latin habeas corpus ad subjiciendum (usually translated as “bring up the body (ie the prisoner))), a demand a prisoner being held by an organ of the state be brought before a court to determine whether there was lawful authority for the detention) and mandamus (from the Latin mandāmus (we command)), an order issued by a higher court to compel or to direct a lower court or a government officer correctly to perform mandatory duties) was a class of six orders available to the crown for the purpose of directing the action of an organ of government (including courts, officials or statutory bodies).  The name was derived from the authority these exercised being traceable ultimately to the discretionary prerogative & extraordinary power of the monarch and the principle remains in use in many common law jurisdictions which evolved from the old British Empire, notably those of the Raj of colonial India.

The woman's prerogative

For a man incautiously to use the phrase “a woman's prerogative”, the risk would be “cancellation” (or worse) although it’s probably still acceptable if there’s a layer of irony.  The phrase is a clipping of the full: “it’s a woman’s prerogative to change her mind”, the implication being women have the right to change their minds or make decisions based on their own preferences and need provide no explanation or justification.  Wise men (and the pussy-whipped) accept this without demur.  It is of course a reflection of a cultural stereotype and seems to have come into use in the mid-nineteenth century, an era in which gender roles were more rigidly defined and women were thought to be more capricious or whimsical in their actions.  However, in law, the “woman's prerogative” was once enforceable, granting them rights not available to men, a most unusual development in Western jurisprudence.

Well into the twentieth century, it was legal orthodoxy in common law jurisdictions for an offer of marriage to be enforceable under the rules of contract law.  While courts didn’t go as far as ordering “specific performance” of the contract (ie forcing an unwilling party to marry someone), they would award damages on the basis of a “breach of promise”, provided it could be adduced that three of the four essential elements of a contract existed: (1) offer, (2) certainty of terms and (3) acceptance.  The fourth component: (4) consideration (ie payment), wasn’t mentioned because it was assumed to be implicit in the nature of the exchange; a kind of “deferred payment” as it were.  It was one of those rarities in common law where things operated wholly in favor of women in that they could sue a man who changed his mind while they were free to break-off an engagement without fear of legal consequences though there could be social and familial disapprobation.  Throughout the English-speaking world, the breach of promise tort in marriage matters has almost wholly been abolished, remaining on the books in the a handful of US states (not all of which lie south of the Mason-Dixon Line) but even where it exists it’s now a rare action and one likely to succeed only in exceptional circumstances or where a particularly fragrant plaintiff manages to charm a particularly sympathetic judge.

The royal prerogative and the reserve powers of the crown

The royal prerogative is the body of customary authority, privilege, and immunity and the means by which (some of) the executive powers of government are exercised in the governance of the state.  These powers are recognized in common law (and in some civil law) jurisdictions are held to vest wholly in the sovereign alone, even if exercised through either appointees (of which governors, governors-general & viceroys are the best-known) constitutional government.  In the narrowest sense of technical theory, the recognition of the personal powers of a sovereign exists in most common law systems where the concept is relevant but has long since mostly been reduced to legal fiction and in most constitutional monarchies, almost all individual prerogatives have been abolished by parliaments.  Some republican heads of state also possess similar powers but they tend to be constitutionally defined and subject to checks and balances.  A notable exception to this is a US president’s un-trammeled right to grant pardons to those convicted of offences under federal law and that’s interesting because it’s the only power in the US Constitution not subject to a check or balance.  A US president thus personally continues to exercise a prerogative in a way a British monarch (or their appointees as governors & governors-general), from whom the power is derived, no longer can.

In Britain, prerogative powers were originally exercised by the monarch (at least in theory and the role of the Church needs also to be noted) acting alone but after the Magna Carta (1215, from the Medieval Latin Magna Carta Libertatum (Great Charter of Freedoms) which divided power among the ruling class, there had to be sought the consent of others and this ultimately became parliamentary consent granted to an executive (exercising powers derived from the absolute authority of the monarch) responsible to the parliament.  This took centuries to evolve and eventually meant, in practical terms, the king got the money he needed for his wars and other ventures in exchange for the parliament getting his signature to pass the laws they wanted.

Watched by the courtiers Lord Mulgrave & Lord Morpeth, Lord Melbourne serves King William IV a blackbird pie (1836), lithograph with watercolour by John Doyle (1797-1868), Welcome Collection, London.  The text is a re-arranged selection of lines from the eighteenth century English nursery rhyme “Sing a Song of Sixpence” and reads: “Sing a song of six pence a bag full of rye, four and twenty black birds baked in a pie, when the pie was opened, the birds began to sing, was not this a pretty dish to set before a king. The blackbirds sing “Justice for Scotland!” and “No tithes!”, controversial issues of the age.  Nineteenth century cartoonists were sometimes more harsh in their treatment of politicians and royalty. 

In Australia, the royal prerogative is limited (but not defined) by the constitution and those powers which vest a monarch’s authority in a governor-general don’t alter the nature of the prerogative, only its detail; the prerogative is exercised by the governor-general but only on the advice of “their” ministers.  The most obvious exception to this is the reserve power of the monarch (and there are those who doubt whether this still exists in the UK) to dismiss a government enjoying the confidence of the lower house of parliament.  In the UK, it’s not been done since William IV (1765–1837; King of the United Kingdom 1830-1837) dismissed Lord Melbourne (1779–1848; Prime Minister of Great Britain 1834 & 1835–1841) in 1834 (some dispute that, saying it was more of a gentleman’s agreement and the last termination was actually that of Lord North (1732–1792; Prime Minister of Great Britain 1770-1782) by George III (1738–1820) King of Great Britain 1760-1820) in 1782) but Australia has seen two twentieth-century sackings; that in 1932 of NSW premier Jack Lang (1876–1975; Premier of New South Wales 1925-1927 & 1930-1932) by Governor Sir Philip Game (1876–1961; Governor of NSW 1930-1935) and, in 1975, when governor-general Sir John Kerr (1914–1991; Governor-General of Australia 1974-1977) sundered Gough Whitlam’s (1916–2014; Prime Minister of Australia 1972-1975) commission.

Dr HV Evatt in his office at the United Nations, New York, 1949.

The 1975 business provoked much academic discussion of the reserve powers but the most lucid read remains Dr HV Evatt’s (1894–1965; ALP leader 1951-1960) book from decades earlier: The King and His Dominion Governors (1936).  Evatt’s volume was published a hundred odd-years after William IV sacked Melbourne and is useful because in that century there had been more than a few disputes about reserve powers.  Evatt’s central point was that the powers exist but proper rules by which they may be exercised are by no means clear.  The legal power is vested in the governor as the representative of the monarch and when it may properly be used depends on usage and convention.  It seems therefore scarcely possible to say confidently of any case when the Crown has intervened that its intervention was or was not correct for the only standard of correctness in each episode is its consistency with episodes of a similar character, none of which in themselves lay down any principle in law.  Further, Evatt notes, in looking to precedent, support for almost any view can be found in the authorities.  Lofty theoretical purity is also not helpful.  The view the sovereign automatically acts in all matters in accordance with the advice of his ministers rests entirely upon assertion and, Evatt observed, the reserve powers are still, on occasion, properly exercisable and that the Sovereign or his representative may have to exercise a real discretion.  Given that, it really might be impossible that the prerogative could be codified in a document which envisages all possible political or other circumstances.  Evatt nevertheless argued the principles which should guide a sovereign should be defined and made clear by statute.

Nor is practical political reality all that much help, however satisfactory an outcome may prove.  What the exercise of the reserve powers, both in 1932 and 1975, did was enable impasses described, however erroneously as constitutional crises to be resolved by an election, rather than other means.  The result of an election however does not conclude the matter for the correctness of the sovereign's action is not measured by his success as a prophet, any post-facto endorsement by the electorate having not even an indirect bearing on the abstract question of constitutionality.

Although variously a high court judge, attorney-general, foreign minister, opposition leader and Chief Justice of NSW, all Dr Evatt asked for on his gravestone was President of the United Nations, noting his service as president of the general assembly (1948-1949).

Evatt’s core argument therefore was reserve powers should be subject to the normal and natural process of analysis, definition and reduction to the rules of positive law, which, by 1936, had in some places been done.  Evatt considered section 33 (10) of the Western Nigerian constitution which codified things thus: The Governor shall not remove the Premier from office unless it appears to him that the Premier no longer commands the support or a majority of the members of the House of Assembly.  Other sections went on to detail the mechanisms of the exercise of the power, thereby attempting to do exactly what Evatt suggests.  However, the Nigerian example cited by Evatt did not prove a solution because the exercise of the power under the constitution became in 1962 a matter of dispute and the case proceeded though the courts, finally ending up before the Privy Council as Adegbenro v. Akintola (1963 AC 614), an indication even the most explicit codification can remain something imperfect.

Wednesday, December 6, 2023

Bedchamber

Bedchamber (pronounced bed-cheym-ber)

A now archaic word for bedroom; the alternative form was bed-chamber.

1325–1375:  From the Middle English bedchaumbre, the construct being bed + chamber.  Bed was from the Middle English bed or bedde, from the pre-1000 Old English bedd (bed, couch, resting-place; garden-bed, plot), from the Proto-Germanic badją (plot, grave, resting-place, bed) and thought perhaps derived from the Proto-Indo-European bhed (to dig).  It was cognate with the Scots bed and bede, the North Frisian baad and beed, the West Frisian bêd, the Low German Bedd, the Dutch bed, the German bett, the Danish bed, the Swedish bädd, the Icelandic beður and perhaps, (depending on the efficacy of the Proto-Indo-European lineage), the Ancient Greek βοθυρος (bothuros) (pit), the Latin fossa (ditch),the Latvian bedre (hole), the Welsh bedd (grave), the Breton bez (grave).  Any suggestion of links to Russian or other Slavic words is speculative.

Chamber dates from 1175-1225 and was from the Middle English chambre, borrowed from Old French chambre, from the Latin camera, derived from the Ancient Greek καμάρα (kamára) (vaulted chamber); the meaning “room”, usually private, drawn from French use.  As applied to anatomy, use emerged in the late fourteenth century; it was applied to machinery in 1769 and to ballistics from the 1620s.  The meaning "legislative body" is from circa 1400 and the term chamber music was first noted in 1789, not as a descriptor of any musical form but to indicate that intended to be performed in private rooms rather than public halls.

The Bedchamber Crisis, 1839

A Lady of the Bedchamber, a position held typically by women of noble descent, is a kind of personal assistant to the Queen of England.  A personal appointment by the Queen, they’ve existed for centuries, their roles varying according to the relationships enjoyed.  Most European royal courts from time-to-time also adopted the practice.

The 1839 bedchamber crisis is emblematic of the shifting of political power from monarch to parliament.  Although the eighteenth-century administrative and economic reforms created the framework, it was the 1832 Reform Act which, in doing away with a monarch’s ability to stack parliaments with ample compliant souls, shattered a sovereign’s capacity to dictate election results and within two years the new weakness was apparent.  In 1834, William IV (1765–1837; King of the UK 1830-1837)  dismissed the Whig Lord Melbourne (1779–1848; Prime Minister of the UK 1834 & 1835-1841) and appointed the Tory Sir Robert Peel (1788–1850; Prime Minister of the UK 1834–1835 & 1841–1846).  However, the King no longer enjoyed the electoral influence necessary to secure Peel a majority in the Commons and after being defeated in the house six times in as many weeks, the premier was obliged to inform the palace of his inability to govern, compelling the king to invite Melbourne to form a new administration, one which endured half a decade, out-living William IV.  The king's exercise in 1834 of the royal prerogative proved the last time the powers of the head of state would be invoked sack a prime-minister until an Australian leader was dismissed in 1975 by the governor-general (and in a nice touch the sacked PM had appointed the clearly ungrateful GG).

Queen Mary's State Bed Chamber, Hampton Court Palace (1819) by Richard Cattermole (1795–1858).

By 1839, Melbourne felt unable to continue and the new Queen Victoria (1819–1901; Queen of the UK 1837-1901), reluctantly, invited Sir Robert Peel to assume the premiership, a reticence some historians attribute as much to her fondness for the avuncular Melbourne as her preference for his Whig (liberal) politics.  Peel, knowing any administration he could form would be nominally in a minority, knew his position would be strengthened if there was a demonstration of royal support so asked Victoria, as a gesture of good faith, to replace some of the Whig Ladies of the Bedchamber with a few of Tory breeding.  Most of the ladies were the wives or daughters of Whig politicians and Sir Robert’s request made sense in the world of 1839.

Victoria rejected his request and prevailed upon Melbourne to continue which he did, until a final defeat in 1841.  By then it was clear only Peel could command a majority in the Commons and he insisted on his bedchamber cull, forcing Victoria to acquiesce to the parliament imposing on her the most intimate of her advisors.  This is the moment in constitutional history where the precedent is established of the parliament and not the Crown determining the formation and fate of governments.  Since then, the palace can warn, counsel and advise but not compel.

A lady in, if not of, the bedchamber.  A recumbent Lindsay Lohan in The Canyons (IFC Films, 2013).

Monday, November 20, 2023

Pardon

Pardon (pronounced pahr-dn)

(1) A kind indulgence, as in forgiveness of an offense or discourtesy or in tolerance of a distraction or inconvenience.

(2) In law, release from the penalty of an offense; a remission of penalty, as by a governor, monarch or viceroy.

(3) Forgiveness of a serious offense or offender.

(4) In Roman Catholic canon law, a technical term for a papal indulgence (obsolete).

(5) To make a courteous allowance for or to excuse.

(6) When used with rising inflection, as an elliptical form, as when asking a speaker to repeat something not clearly heard or understood (non-U).

1250-1300: From the Middle English pardonen or pardoun (papal indulgence, forgiveness of sins or wrongdoing), from Old French pardon from pardoner (to grant; to forgive; remission, indulgence (which entered Modern French in the eleventh century as pardonner), from the Medieval Latin perdonum, from the Vulgar Latin perdōnāre (to remit, overlook (literally “to forgive”)), the construct being per- (for; through, thoroughly) + dōnāre (to give, donate) which emerged in Medieval Latin, though a translation from a Germanic source possibly a calque (if not vice-versa) of a Germanic word represented by the Frankish firgeban (to forgive, give up completely) which was akin to the Old High German fargeban & firgeban (to forgive) and the Old English forġiefan (to forgive).  The Latin per was from the primitive Indo-European root per- (forward (hence “through”)) and donare was from donum (gift), from the primitive Indo-European root donum (gift), from the root do- (to give).  The verb pardon was from pardounen, (to forgive for offense or sin).  The noun pardoner (a man licensed to sell papal pardons or indulgences) was a late fourteenth century form (it was noted earlier in the 1300s as a surname), the agent noun from the verb.  The adjective pardonable (forgivable, capable of being pardoned) was a mid-fifteenth century form from the twelfth century Old French pardonable, from pardoner.  Some sources insist pardonable was a back-formation from pardonable which is interesting.  The meaning “a passing over of an offense without punishment” was first noted around the turn of the fourteenth century (also in the strictly ecclesiastical sense) while as a “pardon for a civil or criminal offense; release from penalty or obligation”, use emerged in the late 1300s (mirroring the earlier Anglo-French).  The use in polite society to “request one be excused for some minor fault” was in use by at least the 1540s.

Pardon is one of those “cross-over words”, migrating from the technical use (an act by an official or a superior, remitting all or the remainder of the punishment that belongs to an offense (eg a sovereign or governor pardoning a convict before expiration of the sentence)) to become a synonym for “forgive” in the sense of feelings or social mores.  By convention, asking for another’s pardon re-establishes amicable relations between transgressor and the offended.  In idiomatic use, dating from the mid seventeenth century, the phrase “I beg your pardon” (the variations including “beg pardon”, “begging your pardon”, “pardon me” etc) is used (1) to apologise for something (typically a social faux pas), (2) to request clarification of something said if it is unexpected, odd or seen as rude without context and (3) to request something be repeated.  In the last case, Nancy Mitford (1904–1973) in Noblesse Oblige: An Enquiry Into the Identifiable Characteristics of the English Aristocracy (1956) insisted “pardon” was a non-U (lower & middle class) word and the “U” (upper class) form was “what?”.  The phrase “pardon my French” was an exclamation of apology for obscene language, noted since the late nineteenth century.  Pardon is a noun, verb & interjection, pardoning is a verb & noun, pardoned is a verb & adjective, pardonableness & pardoner are nouns, pardonable & pardonless are adjectives and pardonably is an adverb; the noun plural is pardons.

Pardons from the president: Without check or balance

Article Two of the United States Constitution describes the office of the President.  One of the powers granted is that he or she may grant reprieves and pardons except regarding congressional impeachment of himself or other federal officers.  A president cannot issue a pardon for future actions; he can't pardon someone in advance for something someone does next week.  The pardon power is reserved for past actions and the president can pardon an individual even if he or she has not yet been convicted or even charged.

An executive pardon can be invoked to help victims of injustice.

It's an interesting power and the only one in the US constitution not subject to "checks and balances", an inheritance of one of the entitlements enjoyed by absolute and later monarchs.  The power, in the form exercised by a US president, doesn't exist in the UK or elsewhere in the Commonwealth where, when a pardon is granted, it’s a decision of the executive (the prime-minister (or premier) & cabinet) which is done in the name of the sovereign or their representative; in other words, by the state.  It’s different from vesting the power as a personal prerogative of an individual; US presidents have granted pardons which would have no chance of success were they subject to confirmation by the Senate.

The most interesting recent speculation about the presidential pardon is whether as president can pardon themselves.  This was something Donald Trump (b 1946; US president 2017-2021) probably pondered with especial interest during the diggings of special counsel Robert Mueller's (b 1944; Director of the Federal Bureau of Investigation (FBI) 2001-2013) into certain matters relating to the 2016 presidential election.  Mr Trump did tweet suggesting he could pardon himself even though there's no precedent, no president has ever done so (though at least one was surely tempted) and all that is certain is that the chief magistrate has the power to grant pardons "for offenses against the United States, except in cases of impeachment."  That means he couldn't have pardoned himself from impeachment, nor anyone facing charges under state laws, and when asked, most constitutional law experts suggested he couldn't have pardoned himself for anything else either.  However, even if a presidential self-pardon were to be held to be constitutional, politically, it would be a challenge to manage so an extra-constitutional check on the power is political; the court of public opinion as it were.

When there was mush speculation about a possible prosecution of Richard Nixon (1913-1994; US president 1969-1974) for matters associated with the Watergate scandal, the Justice Department did issue an opinion saying a president could not pardon himself because, under long-established legal principle, no person can be the judge in their own case.  So, the legal status of a self-pardon has never been tested because, at the federal level, it’s never been done and nothing is definitive until ruled upon by the US Supreme Court.  There are records of state governors self-pardoning but one instance appears to have been technical, one a clerical error and one so murky it not clear what happened.  The state of US politics is now both so poisonous and so fluid that a second term for Mr Trump is no longer unthinkable if the Democrat Party insists on nominating Joe Biden (b 1942; US president since 2021) it become more likely still.  Mr Biden may or may not be senile but he certainly seems senile.  In his first term, Mr Trump proved remarkably uninterested in pursuing any of the vendettas he'd mentioned during the 2016 campaign; when asked if he would be pursuing the threatened legal action against the Clintons, he brushed off the question with a quick "...they're good people" and moved on.  In a second term, given the events of the last few years, he may not be so indulgent towards those who have slighted or pursued him so there's the intriguing prospect of an elected president attempting to pardon himself so he can move into the Oval Office and begin his revenge.  Interestingly, constitutional experts have all said that even if a self-pardon is declared unconstitutional, there is nothing to prevent a convicted felon being elected president from his jail cell, a place which would certainly focus one's mind on revenge.           

Pardons from God (via the pope)

In late medieval Christianity, the noun pardonmonger was a derogatory term directed at those who sold papal indulgences; the noun plural pardonmongers should also be noted because there were a lot of them about.  The indulgences had become big business in the medieval church and their abuse was one of the emblematic issues which triggered the Protestant Reformation.  The system worked by permitting a (sinful) individual to purchase from the church an indulgence which would reduce the length and severity of punishment that heaven would require as payment for their transgressions.  Indulgences were in a sense transferable because one could buy one for another and according to legend, those on their death bed would implore relations to buy them one so they would avoid an eternal damnation in Hell.

Historically, the indulgence system was able to evolve because the doctrine of the medieval western Christian church (the Eastern Orthodox would follow a different path) was: (1) Folk knew that after they died they were going to be punished for the sins they accumulated in life, something ameliorated only partially by good works (pilgrimage, prayers, charitable work etc) and earthly absolution; the more sin, the greater the punishment and (2) There was the concept of purgatory, a product of the theological imagination which meant that rather than being damned to hell, the sinful soul would be sent to purgatory where they would endure whatever punishment deemed appropriate, the suffering continuing until the stain was washed from them and they could be set free.  This was obviously not an attractive prospect and seeing a way to cement in society the world-view that church, God & sin were central, popes granted bishops the authority to reduce punishments while they were still alive.  It proved a highly useful tool in making unshakable the worldview in which the church, God and sin were central.

Quite when papal indulgences were first introduced isn’t known but the system was formalized by Pope Urban II (circa 1035–1099; pope 1088-1099) during the Council of Clermont in 1095.  The protocols reflected the diligent order which characterized church bureaucracy: Were one to perform sufficient good deeds to earn a full (Plenary) indulgence from the pope or a bishop, all sins would be expunged (and thus no punishment).  Partial indulgences would erase fewer evil deeds and an intricate system of layers came to be used; essentially an algorithm with which a cleric could calculate (to the day!) how much sin a person had wiped from their record.  Indulgences rapidly developed into a significant structural aspect of church administration and during the Crusades (Urban II’s other great contribution to history), many participated on the basis that in exchange for fighting to regain the Holy Land, they would be granted an indulgence, cancelling all sin.

This system of reducing sin and punishment worked well and having people perform good deeds (whatever the motivation) presumably made for a more harmonious society.  However, in something with a modern echo, rich people began to wonder why, instead of the time consuming, boring or sometimes distasteful business of actually doing good deeds, might it not be easier just to purchase an indulgence, the church thereby able to use the funds for good deeds.  The early example of outsourcing began in the thirteenth century and proved so popular (and profitable) for both governments and the church that it became an important revenue source, the catchment soon extended to allow the rich to buy indulgences for their ancestors, relatives, and friends already dead. 

The nature of this business soon became scandalous, notably during the reign of the Medici Pope Leo X (1475–1521; pope 1513-1521) and indulgences were among the issues the monk Martin Luther (1483–1546) listed in his 95 Theses (1517), a j’accuse directed at what he believed to be an institutionalized corruption and in saying that, Luther had a point, the pope having commissioned a Dominican friar to sell indulgences for the sole purpose of the construction of St. Peter's Basilica in Rome.  Luther’s attack led to fragmentation within the church, many new sects abandoning the idea of indulgences and while the papacy banned the sale of indulgences in 1567, they didn’t entirely vanish and this wasn’t enough to prevent the subsequent schism within Western Christianity.  So, in the modern Roman Catholic Church, indulgences still exist but they no longer work in the medieval way when they could be something like a presidential pardon.  According to the Vatican: “An indulgence is a remission before God of the temporal punishment due to sins whose guilt has already been forgiven, which the faithful Christian who is duly disposed gains under certain defined conditions through the Church’s help when, as a minister of redemption, she dispenses and applies with authority the treasury of the satisfactions won by Christ and the saints”.  The salient points of the system are:

(1) A person cannot buy their way out of hell with indulgences.  Because indulgences remit only temporal penalties, they cannot remit the eternal penalty of hell. Once a person is in hell, no amount of indulgences will ever change that and the only way to avoid hell is by appealing to God’s eternal mercy while still alive; after death, one’s eternal fate is set.

(2) One cannot buy indulgences for sins not yet committed.  Historically, the church has always taught that indulgences do not apply to sins not yet committed although it’s clear some were sold on that basis prior to the Protestant Reformation.  The position now is that: “An indulgence is not a permission to commit sin, nor a pardon of future sin; neither could be granted by any power.”  Theologically that may sound dubious because presumably God could grant exactly that but, as any pope will tell you, God never would.

(3) An indulgence does not “buy forgiveness” because, by definition, the issue of an indulgence presupposes forgiveness has already taken place: “An indulgence is a remission before God of the temporal punishment due to sins whose guilt has already been forgiven.  Indulgences therefore do not forgive sins and deal only with the punishments left after sins have been forgiven.

(4) It is not true an indulgence will shorten one’s time in purgatory by a fixed number of days.  While it’s true that prior to the Reformation such calculations did appear in documents, the church maintains these were references to the period of penance one might undergo during life on earth and the Catholic Church does not claim to know anything about how long or short purgatory is in general, much less any specific.

(5) Indulgences may not be purchased.  The Council of Trent (1545-1563) instituted many reforms in the practice of granting indulgences and, because of prior abuses, “...in 1567 Pope Pius V (1504–1572; pope 1566-1572) cancelled all grants of indulgences involving any fees or other financial transactions.”  To this day the Roman Catholic Church maintains indulgences were “never sold”, an interpretation of history still used by politicians and political parties when explain why donations (sometimes in the millions) are really “not buying anything”.

Saturday, October 7, 2023

Silk

Silk (pronounced silk)

(1) The soft, lustrous fibre obtained as a filament from the cocoon of the silkworm.

(2) Thread or cloth made from this fibre.

(3) In law, a slang term to describe a Queen's or King's Counsel and the silk gown they wear in court (UK & Commonwealth).

(4) In arachnology, very fine fibre produced by a spider to build its web, nest, or cocoon

(5) In agriculture, the tuft of long fine styles on an ear of maize (corn).

(6) In computing (as SiLK), Skype’s 2009 audio codec.

(7) In sport, a slang term for the working uniforms of both pugilists and jockeys.

(8) In fashion, a clipping of "silk stockings".

Circa 1300: From the Old English seoloc & sioloc (silk, silken cloth), from the Latin sericum (plural serica) (silken garments, silks) which translates literally as "Seric stuff," neuter of sericus, from the Ancient Greek sērikón (silken), derived from an oriental people of Asia from whom the Greeks got silks.  Western cultivation began 552 AD when Byzantium spies disguised as monks smuggled silkworms and mulberry leaves out of China, an early example of industrial espionage and the theft by the west of intellectual property from China; these things have a long tradition.  The Old English deoloc & sioloc were cognate with the Old Norse silki but the mode of transmission from the Ancient Greek sērikón is uncertain.  Greek picked up the word from Chinese, as a derivative of sêres, probably as a derivative of the Chinese si (silk) although some scholars cite both the Manchurian sirghe and the Mongolian sirkek as a possible root but this is speculative.  It’s found also in Old Norse as silki but not elsewhere in Germanic.  The more common Germanic form is represented by the Middle English say, from Old French seie; the Spanish seda, the Italian seta, the Dutch zijde and the German seide are from the Medieval Latin seta (silk), perhaps elliptical for seta (serica) or else a particular use of seta in the sense of "bristle or hair".

Silk was used as an adjective from the mid-fourteenth century.  The reference to the "hair" of corn is from 1660s American English while the figurative use of silk-stocking is from the 1590s.  It was once used as a pejorative adjective meaning "wealthy", attested from 1798 as a reference to silk stockings, especially when worn by men as extravagant, reprehensible and suggestive of effete habits.  Silk-screen was first used in 1930; in English, the ancient “Silk Road” was first so-called in 1931, a use revived in the twenty-first century as a place on the dark web which was a clearing house for those selling narcotics, other unlawful stuff and (allegedly) contract killing, the latter never verified.  Silk is a noun & verb, silky is a noun & adjective, silkiness is a noun and silken is a verb & adjective; the noun plural is silks.

Silks

Lindsay Lohan in Catherine Malandrino silk pin-tuck dress with bubble skirt (2008).

In the early years of the common law, the barristers known as serjeants-at law enjoyed precedence in court.  That remained until 1596, when Francis Bacon (1561–1626) prevailed upon Elizabeth I (1533–1603; Queen of England & Ireland 1558-1603) to create him Queen's Counsel Extraordinary (QC), a new office which granted him precedence over the Serjeants although that legal hierarchy wasn’t confirmed for some years.  Initially an appointment by virtue of the royal prerogative, it was formalised by the issue of letters patent in 1604 but the numbers of KCs & QCs remained exclusively small until the nineteenth century.  The office of KC ensured the obsolescence of the once senior serjeants-at-law by (gradually) superseding them.  The attorney-general and solicitor-general had similarly supplanted the serjeants as leaders of the bar in Tudor times but, interestingly, were not technically senior until 1623 (except for the two senior King's Serjeants) and 1813 respectively.  In the Commonwealth, whenever a King replaces a Queen, the QCs become KCs (or the other way around as the case may be.  QCs & KCs wear silk gowns when appearing in court and their appointment is known informally as "taking silk"; individually, they are often referred to as "silks".

Japanese silkworm farmers.

Silk was of great cultural significance in Japan and among the military and the aristocracy, were one to be presented with a dagger wrapped in silk, it was a suggestion from one's peers that, having committed some social or other transgression, it would be the honorable thing were one to commit an act of 切腹 (Seppuku (literally "cutting [the] belly"), the ritualistic method of suicide by disembowelment and and better known in the West as hara-kiri (腹切り(literally "abdomen or belly cutting")).  It had a long tradition but apparently was never as widespread as is often depicted by Hollywood, always anxious to believe the orientalists. 

By the 1920s, the backbone of Japanese agriculture was rice, “the king of grains” and, in aggregate terms, the nation’s industry was the most productive in the world despite a great volume of the harvest coming from the efforts of peasants who worked tiny rural plots which Rudyard Kipling (1865–1936) on a visit noted they tended with “comb and toothpick”.  The other crop on which they relied was the one regarded as the “God-sent merchandize” of raw silk, the silkworm styled “the honourable little gentleman”.  In the good years of the late 1920s, this meant stability but the Wall Street crash of 1929 which was the trigger (though not wholly the causative event) of the long slump of the 1930s affected Japan more immediately and more severely than just about anywhere; having few natural resources, the country was reliant on international trade and thus exposed as few others to movements in commodity prices.  In 1930, the rice harvest fetched a third less than the year before and the collapse in the silk trade was even more dramatic because the rayon produced in vast quantities by the US petro-chemical concerns flooded the market, undercutting the work of the the honourable little gentleman and the hard-working peasants who tended to him so assiduously.  The resulting immiseration of much of the anyway poor rural population of Japan was one of the factors which enabled certain military factions essentially to stage a (not quite bloodless) takeover of the Japanese state and in 1931 begin the aggressive overseas expansion which some fifteen years later would end in the atomic bombing of Hiroshima and Nagasaki.