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

Sunday, November 29, 2020

Cinque

Cinque (pronounced singk)

(1) In certain games (those using cards, dice, dominoes etc), a card, die, or domino with five spots or pips.

(2) As cinquefoil (1) a potentilla (flower), (2) in heraldry, a stylized flower or leaf with five lobes and (3) in topology, a particular knot of five crossings.

1350–1400: From the Middle English cink, from the Old French cinq (five), from the Vulgar Latin cinque, from the Latin quīnque (five).  The archaic spelling cinq was from the modern French cinq, whereas the standard spelling probably emerged either under the influence of the Italian cinque or was simply a misspelling of the French.  In typically English fashion, the pronunciation “sank” is based on a hypercorrect approximation of the French pronunciation, still heard sometimes among what use to be called “the better classes”.  The alternative forms were cinq (archaic), sinque (obsolete) and sink & sank (both misspellings).  The homophones are cinq, sink, sync & synch (and sank at the best parties); the noun plural is cinques.

Cinque outposts, attested since the 1640s was a term which referred to the five senses.  The noun cinquecento (written sometimes as cinque-cento) is used in (as noun & adjective) criticism & academic works when describing sixteenth century Italian art and literature.  It dates from 1760, from the Italian cinquecento (literally “500”) and was short for mil cinquecento (1500).  The use to describe "a group of five, five units treated as one," especially at cards or dice, dates from the late fourteenth century and in English was borrowed directly from the French cinq, a dissimilation from Latin quinque (five) which in Late Latin also picked up the familiar spelling cinque.  The ultimate root was the primitive Indo-European penkwe (five).

Cinquefoil housing stained glass (leadlight) window.

In architecture, a cinquefoil is a ornament constructed with five cuspidated divisions, the use dating from the late fifteenth century, from the Old French cinqfoil, the construct being cinq (five) + foil (leaf).  The basis for the French form was the quinquefolium, the construct being quinque (five) + folium (leaf), from the primitive Indo-European root bhel- (to thrive, bloom).  In Gothic tracery, there was a wide use of circular shapes featuring a lobe tangent to the inner side of a larger arc or arch, meeting other lobes in points called cusps projecting inwards from the arch and architects defined them by the number of foils used, indicated by the prefix: trefoil (3), quatrefoil (4), cinquefoil (5), multifoil etc.  Although used as stand-alone fixtures, bands of quatrefoils were much used for enrichment during the "Perpendicular Period" (the final phase of English Gothic architecture, dated usually between circa 1350–1550; it followed the "Decorated Style" and was characterized by strong vertical lines, large windows with intricate tracery, and elaborate fan vaulting) and, when placed with the axes set diagonally, quatrefoils were called cross-quarters.

Porsche "phone-dial" wheels, clockwise from top left: 1981 911SC, 1988 924S, 1987 944S & 1985 928S.  With a myriad of variations, the cinquefoil motif was a style for wheels used by a number of manufacturers, the best known of which were the ones with which Porsche equipped the 911, 924, 944 & 928 where they were known as the “phone-dial”, a reference which may puzzle those younger than a certain age.  Because these have five rather than ten holes, they really should have picked up the nickname "cinquefoil" rather than "phone-dial" but the former was presumably too abstract or obscure so the more accessible latter prevailed.

1985 Ferrari Testarossa monospecchio-monodado.

The early Testarossas were fitted with centre-lock magnesium-alloy wheels, chosen for their lightness.  Responding to feedback from the dealer network, as a running-change during 1988, these were substituted for units with a conventional five-bolt design.  The centre-lock wheels were called monodado (one nut) while the five lug-types were the cinquedado (five nut) and because of the time-line, while all the monospecchio cars are also monodado, only some of the monodaddi are monospecchi.  Monospecchi (literally "one mirror") is an unofficial designation for the early cars fitted with a single external mirror, mounted unusually high on the A-pillar, the location the product of Ferrari's interpretation of the EU's (European Union) rearward visibility regulations.  The Eurocrats later clarified things and Testarossas subsequently were fitted with two mirrors in the usual position at the base of the A-pillar. 

Plastic wheelcover for the Ford (Australia) Fairmont XE (1982-1984, left), a circa 1949 British GPO standard telephone in Bakelite (centre) (globally, the most produced handset in this style was the Model 302, which, with a thermoplastic case, was manufactured in the US by Western Electric between 1937-1955 and plastic wheelcover for the Ford (Australia) Fairmont XF (1984-1988, right).  Telephones with larger dial mechanisms usually didn't use all the available space for the finger-holes.

Probably some are annoyed at the “five-hole” wheel design coming to be known as the “phone-dial” because of course the classic rotary-dial mechanism had ten holes, one for each numeral.  Ford Australia actually stuck to the classics when designing a plastic wheel-cover for the XE Fairmont (then the next rung up in the Falcon's pecking order) because it featured the correct ten holes and it was re-allocated as a “hand-me-down” for the Falcon when the XF was introduced, the Fairmont now getting an eight-hole unit.  None of these seem ever to have been dubbed “phone-dials”, probably because plastic wheel–covers have never been a fetish like the older metal versions or aluminium wheels (often as “rims” in modern usage, a practice which also annoys some).  The XE hubcap may be thought a decemfoil (10 leaf) and the XF unit a octofoil (8 leaf).

1971 Ford (South Africa) XY Fairmont GT with the GS Pack wheel covers.

The South African Fairmont GTs were never fitted with the "five slot" wheels used in Australia, getting instead the chromed wheel cover which in Australia was part of the "GS Pack", a collection of "dress-up" options designed to provide much of the look of a GT without the additional costs to purchase or insure one.  The GS Pack wheel covers were first seen in Australia on the 1967 XR Falcon GT and came from the Mercury parts bin in the US where they'd appeared on the 1966 Mercury Comet Cyclone GT; they were designed to look like a chromed, naked wheel, the idea a tribute to the Californian hot rod community in which the motif originated.

1971 Ford (Australia) XY Falcon GT with “five slot” wheels.

Although scholars of Latin probably haven’t given much thought to the wheels Ford used in the 1960s & 1970s, their guidance would be helpful because the correct Latin form for “slot” depends on context, the words being (1) Fissura: “crack, split or narrow opening”, (2) Rima: “narrow gap or slit”, (3) Foramen: “opening, hole or perforation” and (4) Scissura “cleft or division”.  So a XY GT’s wheel would be a cinquefissura, cinquerima, cinqueforamen or cinquescissura.  The scholars would have to rule but cinquerima seems best, tied in nicely with the modern (albeit contested) use of “rim” to mean wheel.      

In production over six generations between 1965-2008 the Fairmont was a "blinged-up" version of the Australian Ford Falcon (1960-2016), a car based on the US compact (1960-1969) Ford of the same name (the one-off 1970 US Falcon an entry level model in the intermediate Torinio (formerly Fairlane) range).  Ford in the US would also use the Fairmont name for a compact (1978-1983) but the most quirky use was that between 1969-1971, Ford South Africa sold a car substantially similar to the Australian Falcon GT but badged it "Fairmont GT".  Assembled (with some local components) in South Africa from CKD (completely knocked down) packs imported from Australia, the Fairmont name was chosen because US Falcons (assembled from Canadian CKD packs) had been sold in South Africa between 1960-1963 but had gained such a bad reputation (Ford Australia had to do much rectification work after encountering the same fragility) the nameplate was decreed tainted.  In the technical sense, "Fairmont GT" would have been a more accurate name in Australia too because the Falcon GTs were, with the bling, built on the Fairmont assembly line; the choice of "Falcon GT" was just a desire by the marketing team to create a "halo" machine for the mainstream range, something which succeeded to an degree which probably surprised even those ever-optimistic types.  Ford South Africa never offered a Fairmont GTHO to match the Falcon GTHOs produced in Australia to homologate certain combinations of parts for competition.

Lamborghini has used the phone-dial since the first incarnation appeared on the Silhouette in 1976 and it likes it still, left to right: Huranan, Gallardo, Countach, Diablo and Silhouette.  With five "holes", these are true cinquefoils.

Despite being often called a "hubcap", what appeared on the South African Fairmont GTs really was a "wheel cover".  The origin of the hubcap was, fairly obviously, “a cap for hub”, something which dates from the age of horse-drawn carts.  Although they would later become something decorative, hubcaps began as a purely function fitting designed to ensure the hub mechanism was protected from dirt and moisture because removing a wheel when the hub was caked in mud with bolts “rusted on” could be a challenge.  In the twentieth century the practice was carried over to the automobile, initially without much change but as wheels evolved from the wooden-spoked to solid steel (and even in the 1920s some experimented with aluminium), the hubcaps became larger because the securing bolts were more widely spaced.  This meant they became a place to advertise so manufacturers added their name and before long, especially in the US, the humble hubcap evolved into the “wheel-cover”, enveloping the whole circle and they became a styling feature, designs ranging from the elegant to the garishly ornate and some were expensive: in 1984 a set of replacement “wire” wheel covers for a second generation Cadillac Seville (the so-called “bustle-back”, 1980-1985) listed at US$995.00 if ordered as a Cadillac part-number and then that was a lot of money.  By the late 1980s, most wheel covers were plastic pressings, other than in places like the isolated environments behind the Iron Curtain.

Beltless: Lindsay Lohan in 2004 using touch-dial wall-phone, note the hooking of the thumbs in the belt loops.

Remarkably, although touch-dial (ie buttons) handsets appeared in the consumer market as early as 1963 and soon became the standard issue, in 2024 it’s possible still to buy new, rotary-dial phones although only the user experience remains similar; internally the connections are effected with optical technology, the “sound & feel” emulated.  There’s also a market for updating the old Bakelite & Thermoplastic units (now typically between 70-90 years old) with internals compatible with modern telephony so clearly there’s some nostalgia for the retro-look, if not the exact experience.  Even after the touch-dial buttons became ubiquitous the old terminology persisted among users (and in the manufacturers' documents); when making calls users continued to "dial the number".  The same sort of linguistic legacy exists today because ending a call is still the act of "hanging up" and that dates from the very early days of telephony when the ear-piece was a large conical attachment on a cord and at a call's conclusion, it was "hung up" on a arm, the weight of the receiver lowering the arm which physically separated two copper connectors, terminating the link between the callers.  

Ms Justine Haupt with custom rotary-dial cell phone in turquoise.

Ms Justine Haupt (b 1987), an astronomy instrumentation engineer at New York’s Brookhaven National Laboratory went a step further (backwards, or perhaps sideways, some might suggest) and built a rotary-dial cell phone from scratch because of her aversion to what she describes as “smartphone culture and texting”, something to which many will relate.  In what proved a three year project, Ms Haupt used a rotary-dial mechanism from a Trimline telephone (introduced in 1965 and produced by Western Electric, the manufacturing unit of the Bell System), mounted on a case 4 x 3 x 1 inches (100 x 75 x 25 mm) in size with a noticeably protuberant aerial; it used an AT&T prepaid sim card and has a battery-life of some 24-30 hours.  Conforming to the designer’s choices of functionality, it includes two speed-dial buttons, an e-paper display and permits neither texting nor internet access.  

Designer colors: Available in black, white, turquoise, beige and the wonderful Atomic Hotline Red.  The "atomic" in the name is an allusion the hotline's origin in the aftermath of the Cuban Missile Crisis (October 1962) which was all about nuclear weapons.

Although she intended the device as a one-off for her own use, Ms Haupt was surprised at the interest generated and in 2022 began selling a kit (US$170) with which others could build their own, all parts included except the rotary-dial mechanism which would need to be sourced from junk shops and such.  Unlike the larger mechanism on the traditional desk or wall-mounted telephone, the holes in the Trimline’s smaller rotary-dial used the whole circle so the ten-hole layout is symmetrical and thus the same as the XE Fairmont’s wheelcover, something doubtlessly wholly coincidental.  Unfortunately, Ms Haupt encountered many difficulties (bringing to market a device which connects to public telephony networks involves processes of greater complexity than selling mittens and such) but the project remains afoot.

The rough-fruited cinquefoil or sulphur cinquefoil (Potentilla recta).

In botany, the potentila is a genus containing some three-hundred species of annual, biennial and perennial herbaceous flowering plants in the rose (rosaceae) family.  Since the 1540s it’s been referred to as the cinquefoil (also “five fingers” or “silverweeds”), all distinguished by their compound leaves of five leaflets.

The Confederation of Cinque Ports was a group of coastal towns in Kent, Sussex and Essex, the name from the Old French which means literally “five harbors”.  The five were Hastings, Sandwich, Dover, Romney, and Hythe, all on the western shore of the English Channel, where the crossing to the continent is narrowest.  Because of (1) their importance in cross-channel trade and (2) being in the region ,most vulnerable to invasion, they were granted special privileges and concessions by the Crown in exchange for providing certain services essential for maritime defense, dating from the years prior to the formation of the Royal Navy in the fifteenth century.  The name was first used in the late twelfth century in Anglo-Latin and the late thirteenth in English.

An early version of a PPP (public-private partnership), with no permanent navy to defend it from sea-borne aggression, the crown contracted with the confederation to provide what was essentially a naval reserve to be mobilized when needed. Earlier, Edward the Confessor (circa 1003–1066; King of England 1042-1066) had contracted the five most important strategically vital Channel ports of that era to provide ships and men “for the service of the monarch” and although this was used most frequently as a “cross-Channel ferry service” and was not exclusively at the disposal of the government.  Under the Norman kings, the institution assumed the purpose of providing the communications and logistical connections essential to keeping together the two halves of the realm but after the loss of Normandy in 1205, their ships and ports suddenly became England’s first line of defense against the French.  The earliest charter still extant dates from 1278 but a royal charter of 1155 charged the ports with the corporate duty to maintain in readiness fifty-seven ships, each to be available each year for fifteen days in the service of the king, each port fulfilling a proportion of the whole duty.  In return the ports and towns received a number of tax breaks and privileges including: An exemption from tax and tolls, limited autonomy, the permission to levy tolls, certain law enforcement and judicial rights, possession of lost goods that remain unclaimed after a year and of flotsam (floating wreckage and such) & jetsam (goods thrown overboard).  Even at the time this was thought to be a good deal and the leeway afforded to the Cinque Ports and the substantial absence of supervision from London led inevitability to smuggling and corruption although in this the Cinque Ports were hardly unique.

The Lord Warden of the Cinque Ports was something like a viceroy and the office still exists today but is now purely ceremonial and, although technically relict, remains a sinecure and an honorary title, regarded as one of the higher honors bestowed by the Sovereign and a sign of special approval by the establishment which includes the entitlement to the second oldest coat of arms of England.  The prestige it confers on the holder is derived from (1) it being the gift of the sovereign, (2) it being England’s most ancient military honor and (3), the illustrious standing of at least some of the previous hundred and fifty-eight holders of the office.  It is a lifetime appointment.

William Lygon (1872-1938), seventh Earl Beauchamp, in uniform as Lord Warden of the Cinque Ports.

The office of lord warden has not been without the whiff of scandal.  William Lygon, who in 1891 succeeded his father as the seventh Earl Beauchamp, was at twenty-seven appointed governor of New South Wales, a place to which he would later return, happily and otherwise.  In 1913, Lord Beauchamp, well-connected in society and the ruling Liberal Party’s leader in the House of Lords, was appointed Lord Warden of the Cinque Ports and, fond of pomp, ceremony and dressing-up, he enjoyed the undemanding role.  However, in 1930, he embarked on a round-the-world tour which included a two-month stint in Sydney, where he stayed, accompanied by a young valet who lived with him as his lover.  This, along with other antics, did not go unnoticed, and the Australian Star newspaper duly reported:

The most striking feature of the vice-regal ménage is the youthfulness of its members … rosy cheeked footmen, clad in liveries of fawn, heavily ornamented in silver and red brocade, with many lanyards of the same hanging in festoons from their broad shoulders, [who] stood in the doorway, and bowed as we passed in … Lord Beauchamp deserves great credit for his taste in footmen.”

The report found its way to London when Beauchamp’s brother-in-law, the second Duke of Westminster (1879–1953), hired detectives to gather evidence, hoping to destroy him and damage the Liberal Party, the Tory duke hating both.  Evidence proved abundant and not hard to find so in 1931 Westminster publicly denounced Beauchamp as a homosexual to the king (George V 1865–1936; King of the United Kingdom & Emperor of India 1910-1936), who was appalled and responded that he “…thought men like that always shot themselves.”  Westminster insisted a warrant be issued for Beauchamp’s arrest and that forced him into exile.

Lady Beauchamp seems to have shown some confusion upon being informed of her husband’s conduct.  Although he had enjoyed many liaisons in their (admittedly large) residences (his partners including servants, socialites & local fishermen) and his proclivities were an open secret known to many in society, his wife remained oblivious and expressed some confusion about what homosexuality was.  Leading a sheltered existence, Lady Beauchamp had never been told about the mechanics of "the abominable crime of buggery" and baffled, thought her husband was being accused of being a bugler.  Once things were clarified she petitioned for divorce, the papers describing the respondent as:

A man of perverted sexual practices, [who] has committed acts of gross indecency with male servants and other male persons and has been guilty of sodomy … throughout the married life … the respondent habitually committed acts of gross indecency with certain of his male servants.”

Beauchamp decamped first to Germany which would once have seemed a prudent choice because, although homosexual acts between men had been illegal since the unification of Germany in 1871, under the Weimar Republic (1918-1933), enforcement was rare and a gay culture flourished blatantly in the larger German cities, the Berlin scene famous even then, the writer Christopher Isherwood (1904–1986) describing things memorably although it wasn't until his diaries were later published one fully could "read between the lines".  After the Nazis gained power in 1933, things changed and Beauchamp contemplated satisfying George V’s assumption but was dissuaded, instead spending his time between Paris, Venice, Sydney and San Francisco, then four of the more tolerant cities and certainly places where wealthy gay men usually could bribe their way out of any legal unpleasantness.

Sir Robert Menzies in uniform.

Sir Robert Menzies (1894–1978; prime-minister of Australia 1939-1941 & 1949-1966) was one of the more improbable appointments as lord warden.  In the office (1965-1978), he replaced Sir Winston Churchill (1875-1965; UK prime-minister 1940-1945 & 1951-1955) on whom the hardly onerous duties had been imposed in 1941.  The old soldier Churchill had spent a lifetime appearing in military uniforms and wore it well but the very civilian Menzies looked something like one of the comic characters from Gilbert & Sullivan.  That he was made lord warden rather than being granted a peerage was emblematic of the changing relationship between the UK and Australia.

After the death of George V, the warrant for Beauchamp’s arrest was lifted and, in July 1937, he returned to England.  What did come as a surprise to many was that soon after his arrival, invitations were issued for a Beauchamp ball, ostensibly a coming-of-age celebration for Richard Lygon (1916-1970; the youngest son) but universally regarded as an attempt at a social resurrection.  In a sign of the times, much of London society did attend although there were those who declined and made it known why.  Still, it seems to have appeared a most respectable and even successful event, Henry "Chips" Channon (1897-1958) noting in his diary it was a bit dull, the “only amusing moment when Lord Beauchamp escorted… a negress cabaret singer into supper.  People were cynically amused but I was not surprised, knowing of his secret activities in Harlem.  It is never a long step from homosexuality to black ladies.”  Lord Beauchamp didn’t long enjoy his return to society, dying within a year of the ball but the vicissitudes of his life were helpful to Evelyn Waugh (1903-1966) when writing Brideshead Revisited (1945), the character of Lord Marchmain based on Beauchamp himself while the ill-fated Sebastian Flyte was inspired by Beauchamp’s son Hugh (1904-1936) who shared and (with some enthusiasm) pursued some of his father’s interests.  Despite it all, an appointment as Lord Warden of the Cinque Ports is for life and Lord Beauchamp remained in office until his death.

Saturday, May 28, 2022

Admiralty

Admiralty (pronounced ad-mer-uhl-tee)

(1) In military use, the office or jurisdiction of an admiral.

(2) In military use, the officials or the department of state having charge of naval affairs (not all of whom needed to be admirals); it was analogous with an army's general staff and an air force's air staff.

(3) In the UK, the building in which the lords of the admiralty, in England, transact business.

(4) In law, the branch dealing with maritime law; a court dealing with maritime questions (In England, when jurisdiction was under the division of Divorce, Probate & Admiralty, the lawyers' slang was “wives, wills & wrecks”); the system of jurisprudence of admiralty courts.

(5) In (historic) architecture, a frequent descriptor (Admiralty House, Admiralty Arch etc).

1300–1350: A compound word Admiral + -ty, from the Middle English amiralty, from the French amirauté, from the older form amiralté (office of admiral), from the Late Latin admīrālitās.  The best known sense, “naval branch of the English executive" dates from the early-fifteenth century, root of the word being admiral.  Admiral emerged circa 1200 as amiral & admirail (Saracen commander or chieftain) from the Old French amiral & amirail (Saracen military commander; any military commander) ultimately from medieval Arabic amīr (military commander) probably via the Medieval Latin use of the word for "Muslim military leader".  The suffix –ty is from the Middle English -te, borrowed from the Old French -te, from the Latin -tātem, accusative masculine singular of –tās; an alternative form of –ity, it was used to form abstract nouns from adjectives.  The first English admiral to appear in the records appears to have been Admiral of the Fleet of the Cinque Ports, Gerard Allard of Winchelsea, a royal appointment in 1300.  The Arabic amīr was later Englished as emir.  In another example of Medieval error, because in Arabic use, amīr is constantly followed by -al- in all such titles, amīr-al- was assumed by Christian writers to be a substantive word and variously Latinized.  The process thus was a shortening of the Arabic أَمِير اَلبَحْر‎ (ʾamīr al-bar) (commander of the fleet; literally “sea commander”) and the additional -d- is probably from the influence of the otherwise unconnected Latin admirable (admīrābilis).  For those stalkers who take selfies at locations used in movies (Instagram made this niche), the The Ritz-Carlton, Marina del Rey (listed as the only waterside hotel in Los Angeles with a Five Diamond rating from the AAA) is at 4375 Admiralty Way in Marina del Rey.  It has appeared in a number of productions (film & television), notably Lindsay Lohan's remake of The Parent Trap (1998).  Admiralty & admiral are nouns; the noun plural is plural admiralties.  When used as a proper noun (thus the initial upper case), in Royal Navy use, Admiralty referred (1) the historical naval bases established in the Far East: (1) HMS Tamar (Hong Kong) and (2) HMS Sembawang (Singapore).

Admiralty Arch, London.

An island rather than a continental power and later an empire, for England, the navy assumed an importance in foreign policy standing armies never did and the Royal Navy’s high command, the Admiralty, was for centuries entangled in both military and political matters.  The Admiralty no longer exists, absorbed in 1964, like the high commands of the other services, into the newly created Ministry of Defence.  Over the centuries, the structure of the Admiralty evolved as technology changed, threats and alliances came and went, budgets waxed and waned, political vicissitudes always hovering.  As a bureaucracy, the Admiralty has been staffed by a bewildering array of offices and titles including board members, presidents, sea lords, secretaries, civil lords, controllers, comptrollers, accountants-general, directors-general, storekeepers-general, surveyors, deputy chiefs, vice chiefs & assistant chiefs but in its final incarnation, under a First Lord of the Admiralty (a minister for the navy who sat in parliament and was thus political head of the navy) there were five admirals, known as the sea lords (of which there were eight lords during World War II; things were busy then).  The sea lords each enjoyed a sphere of responsibility for naval operations:

The First Sea Lord (later First Sea Lord and Chief of the Naval Staff), directed naval strategy in wartime and was responsible for planning, operations and intelligence, for the distribution of the Fleet and for its fighting efficiency.  He was the military head of the Navy.

The Second Sea Lord (later Second Sea Lord and Chief of Naval Personnel), was responsible for manning & mobilisation and all personnel questions relating to the Royal Navy and Royal Marines.

The Third Sea Lord (later the Controller of the Navy) was responsible primarily for ship design and construction and most material matters including the Fleet Air Arm.

The Fourth Sea Lord (later Chief of Naval Supplies) was responsible for logistics, victualling and medical departments.

The Fifth Sea Lord (later the Chief of Naval Air Services) was responsible for all naval aviation.

Thursday, October 22, 2020

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".

Thursday, September 2, 2021

Concur

Concur (pronounced kuhn-kur)

(1) To accord in opinion; to agree.

(2) To cooperate; work together; combine; be associated.

(3) To coincide; occur at the same time.

(4) To run or come together; converge (obsolete).

1375–1425: From the late Middle English concur (collide, clash in hostility), from the Latin concurrere (to run together, assemble hurriedly; clash, fight), in transferred use “to happen at the same time", the construct being con (the Latin prefix variation of cum (with; together)) + currere (to run).  The early meaning in English was "collide, clash in hostility," the sense of "to happen at the same time" didn’t emerge until the 1590s; that of "to agree in opinion" a decade earlier.  Ultimate root was the Proto-Italic korzō, derived from the primitive Indo-European ers (to run).  Related forms are the adverb concurringly and the adjectives concurring and concurrent.  Despite the rarity, the verbs preconcur, preconcurred & preconcurring, and the adjectives unconcurred & unconcurring are said to exist, at least to the extent no dictionary appears yet to have declared them obsolete or archaic.  The adjective concurrent is noted from the late fourteenth century though concurring is said (surprisingly) not to have been in use until the 1630s.  The first concurring opinion was recorded in 1720.  The sense "to coincide, happen at the same time" is from 1590s; that of "to agree in opinion" dates in English from the 1580s

In praise of the Privy Council

Concurrent is probably the most common adjectival form in general use.  Noted since the late 1300s, in the sense of “acting in conjunction, contributing to the same effect or event", it was from the Old French concurrent or directly from Latin concurrentem (nominative concurrens), present participle of concurrere.  The meaning "combined, joint" is from 1530s and in law, concurrent jurisdiction (that possessed equally by two courts and if exercised by one not usually assumed by the other) is recorded from 1767.

Lindsay Lohan and her lawyer in court, Los Angeles, December 2011.

Concur is one of many synonyms for “agree” and the one most favoured by judges on appellant courts to indicate they agree with (or at least acquiesce to) a judgment written by another.  That’s good because it means there’s less to have to read.  However, some judges prefer to pen their own judgments, helpful perhaps if they wish to explore some aspect of the case not elsewhere mentioned but otherwise a duplication of effort unless their prose serves to render readable what can be turgid stuff.  Then there are the dissenting judgments, of interest to academic lawyers and historians and sometimes a source of hope to those entertaining thoughts of an appeal.  That notwithstanding, those wishing just to know the state of law with certainty might long for a system in which appellate courts of appeal issued only the majority judgment with the dissenters encouraged to submit essays or letters to the editors of legal journals.

Etching of a sitting of a Judicial Committee of the Privy Council (1846).

That only one judgment was issued was the most appealing procedural aspect of the Privy Council, until 1968 and 1986 respectively, the highest court of appeal for Australian state and Commonwealth jurisdictions.  Properly styled The Judicial Committee of the Privy Council (JCPC), the Privy Council remains the ultimate court of appeal for some British Overseas Territories and Commonwealth countries.  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, a role essentially similar to that the High Court of Australia (HCA) discharges as the Commonwealth’s Court of Disputed Returns.

Historically, the Privy Council dealt with cases thus referred without any known demand for multiple judgments or dissenting opinions; a fine example of judicial clarity and efficiency and one which judges in other courts never to admire, much less emulate.  Despite its exalted place in the legal hierarchy, the council has been a surprisingly flexible and informal court.  In 1949, it found, on technical grounds, the Commonwealth of Australia’s appeal in the bank nationalization case (Commonwealth of Australia v Bank of NSW [1949] UKPC 37, [1950] AC 235; [1949] UKPCHCA 1, (1949) 79 CLR 497 (26 October 1949)) couldn’t proceed but, because so many people had travelled over ten-thousand miles (17,000 km) to London (no small thing in 1949), it anyway heard the case and issued what would have been the substantive judgment.  If ever it’d been prepared to set the example of providing advisory opinions, the Privy Council would have been the best appellant court ever.  Unfortunately, In recent years, dissenting opinions have come to be issued.

Sitting of the Judicial Committee of the Privy Council, 18 June 1946.

M.R Jayaker, Lord Du Parcq, Lord Goddard (Lord Chief Justice), Lord Simonds, Lord Macmillan, Lord Simon, The Lord Chancellor (Lord Jowitt), Lord Thankerton, Lord Porter, Lord Uthwatt, Sir Madhavan Nair, and Sir John Beaumont.