Mall

Mall (pronounced mal or mawl)

(1) A clipping of shopping mall, a (usually) large retail complex containing a variety of stores and often restaurants and other business establishments housed in a series of connected or adjacent buildings or in a single large building.  Shopping centre is the usual alternative descriptor but market, plaza, marketplace & mart are also used.

(2) A large area, sometimes lined with shade trees and shrubbery, used as a public walk or promenade (in some places called boulevard, boardwalk, esplanade, alameda, parade or walk).

(3) In urban business districts, a street from which motor-traffic has been excluded and given over entirely to pedestrians.

(4) A strip of land, usually planted or paved, separating lanes of opposite traffic on highways, boulevards etc (use restricted to certain US states).

(5) In the game of pall-mall, either (1) the game itself, (2) the mallet used in the game or (3) the place or alley where pall-mall was played.

(6) The game of polo (obsolete since the late seventeenth century).

(7) To beat with a mall, or mallet; to beat with something heavy; to bruise.

(8) In the jargon of US property development, to build up an area with the development of shopping malls

(9) In slang, (often as malling), to shop at the mall (the “mall rat” being one who frequents such places (usually in a pack) without necessarily intending to shop.

1737: From The Mall, a fashionable tree-lined promenade (then thought of as a “pall-mall alley”) in St James's Park, London where originally the game pall-mall was played.  The name of the game was also spelled palle-malle, paille-maille, pel-mell & palle-maille, pell-mell.  The noun plural is malls.

Eighteenth century woodcut of men playing pall mall.

The use to describe a "shaded walk serving as a promenade" was generalized from The Mall, the name of a broad, tree-lined promenade in St. James's Park, London (the name dating from the 1670s and an evolution of the earlier (1640s) maill), so-called because it operated as open alley used to play the game of pall-mall, an ancestor of the modern croquet.  Pall-mall (although described as a “lawn game”) was played on a surface of compacted & leveled soil, boarded in at each side, using a wooden ball which was struck with a mallet to send it through an iron arch placed at the end of the alley, the winner the one who managed to do so with the fewest shots.  The game's name is from the French pallemaille, from the Italian pallamaglio, the construct being palla (ball) + maglio (mallet), from the Latin malleus (hammer, mallet), from the primitive Indo-European root mele- (to crush, grind).  The French and Italian forms (like the English pall-mall) both refer to a game something like croquet, played in Europe after the sixteenth century.

A View of St James Palace, Pall Mall (1763), oil on canvas by Thomas Bowles (1712-1791).

The mall in the sense of a street in an urban business district from which motor-traffic has been excluded and given over entirely to pedestrians dates from 1951.  The sense of an "enclosed shopping gallery" is from 1962 (although such structures in the US pre-date the descriptor and the mall rat (one who frequents a mall) wasn’t labeled as such until 1985.  Mall is the common term in North America but in many countries they’re called shopping centres, markets, plazas, marketplaces, marts or blends of these words.  Mall is still used in the original sense of a shaded walk but is now rare, plaza, esplanade (especially if riparian, costal etc) or boardwalk tending to be preferred whereas mall is most associated with suburban shopping centres or urban streets given over to pedestrians.  The strip mall is a smaller array of shops, assembled usually in a single line parallel with a major arterial road with parking for cars directly in front.  The Pavilion on the Mali in New York’s Central Park was used in the nineteenth century by the “Park Band:, the mali a paved path lined with trees.

Lindsay Lohan enjoying Wetzel's Pretzels, Americana Mall, Los Angeles, June 2009.

The concept of a large structure or area containing the outlets of many traders wasn’t new, recognizable forms identified in the archaeological record of many cultures across millennia.  What distinguished the modern mall was that it was inherently (1) suburban and (2) dependent on customers using private motor vehicles rather than walking or public transport.  It was these factors which enabled malls to develop at scale; the land being bar from city centres was cheap and the customer catchment was vast, needing only to be in driving range so thus could service an area of a hundreds square miles or more, something which explains why malls always had vast, often multi-layered car parks.  Urban geographers regard the Northland Center in Southfield, Michigan (which opened in 1954) as the first mall in the modern sense.  Immediately successful, it spawned imitators, immediately in the US and within a decade around the world, the building of malls tracking the development of road systems and the growth in car ownership.  One effect was the decline of commercial activity in city centres as traders followed their customers’ migration to the suburbs, a trend which really didn’t decline until the 1990s when the fashion for inner-city living returned.  This affected both the viability of malls and interest in developing new ones, something exacerbated by the arrival of the “big box” operations which were either single outlets at scale or thematic clusters of traders within the one geographical space.  For many customers, the clusters were attractive because, unlike the malls which tended to limit the number of similar businesses which could lease space, in a cluster one could find many shops servicing the same market centre, typically specialties such as home improvement or decorating.  Consequently, many malls had during the last quarter century been abandoned, demolished or re-purposed, the twenty-first century growth in on-line shopping accelerating the decline.

Pall Mall “Girl Watching” cigarette advertising, circa 1962.

Pall Mall menthol cigarette advertising, 1969.  By then called “the black demographic”, one of the first widespread uses of African-Americans in advertising published in mainstream media was for menthol cigarettes, reflecting the high market penetration of the product in that group.  Where there were profits to be had, commerce was a great supporter of DEI (diversity, equity & inclusion), long before the concept was imposed by governments.

The game Pall Mall was the subject of a number of contemporary paintings and sketches and Samuel Pepys (1633–1703; noted English diarist & Admiralty administrator) who had mentioned the game as early as 1661, in May 1663 noted in his diary: “I walked in the park… discoursing with the keeper of Pell Mell who was speaking of it; who told me of what the earth is mixed that do floor the Mall and that over all there is cockel-shells powdered.”  In an entry in 1665, Pepys referred to both street and game as Pell Mell.  There were many “Pall Mall” alleys in London and one of them became the street well known variously as a centre of artistic life, the home of many London clubs, the location of the War Office (when war offices were a thing) and a place on the Monopoly board.  Mall tends to be pronounced mawl in most of the world except in England where Pall Mall is pel mal although, even then, the phonetic influence of the US is such that mawl is often heard for uses other than the street.  In Australia, when the Queen Street Mall was in 1982 opened by Sir Joh Bjelke-Petersen (1911–2005; Country Party premier of Queensland, 1968-1987), he insisted it must be pronounced mawl because he had no wish to be reminded of Malcolm Fraser (1930–2015; Liberal Party prime minister of Australia 1975-1983).

A cluster of mall rats.

Rat

Rat (pronounced ratt)

(1) In zoology, any of several long-tailed rodents of the family Muridae, of the genus Rattus and related genera, distinguished from the mouse by being larger.

(2) In (scientifically inaccurate) informal use, any of the numerous members of several rodent families (eg voles & mice) that resemble true rats in appearance, usually having a pointy snout, a long, bare tail, and body length greater than 5 inches (120 mm).

(3) In hairdressing, a wad of shed hair used as part of a hairstyle; a roll of material used to puff out the hair, which is turned over it.

(4) In the slang of certain groups in London, vulgar slang for the vagina.

(5) As “to rat on” or “to rat out”, to betray a person or party, especially by telling their secret to an authority or enemy; to turn someone in.

(6) One of a brace of rodent-based slang terms to differentiate between the small-block (mouse motor) and big-block (rat motor) Chevrolet V8s built mostly in the mid-late twentieth century but still available (as "crate" engines) from US manufacturers.

(7) As RAT, a small turbine that is connected to a hydraulic pump, or electrical generator, installed in an aircraft and used as a power source.

(8) Slang term for a scoundrel, especially men of dubious morality.

(9) In the criminal class and in law enforcement, slang for an informer.

(10) In politics, slang for a person who abandons or betrays his party or associates, especially in a time of trouble.

(11) Slang for a person who frequents a specified place (mall rat, gym rat etc).

(12) In hairdressing, a pad with tapered ends formerly used in women's hair styles to give the appearance of greater thickness.

(13) In the slang of blue-water sailors, a place in the sea with rapid currents and crags where a ship is prone to being broken apart in stormy weather.

(14) In zoology (in casual use), a clipping of muskrat.

Pre 1000: From the Middle English ratte, rat & rotte, from the Old English ræt & rætt, and the Latin rodere from the Proto-Germanic rattaz & rattō (related also to the West Frisian rôt, the German Ratz & Ratte and the Swedish råtta & the Dutch rat), of uncertain origin but perhaps from the primitive Indo-European rehed- (to scrape, scratch, gnaw).  Zoological anthropologists however point out it’s possible there were no populations of rats in the Northern Europe of antiquity, and the Proto-Germanic word may have referred to a different animal.  The attestation of this family of words dates from the twelfth century.  Some of the Germanic cognates show considerable consonant variation such as the Middle Low German ratte & radde and the Middle High German rate, ratte & ratze, the irregularity perhaps symptomatic of a late dispersal of the word, although some etymologists link it with the Proto-Germanic stem raþō (nom); ruttaz (gen), the variations arising from the re-modellings in the descendants.

Mall rats.  In North America and other developed markets, there is now less scope for habitués because changing consumer behavior has resulted in a dramatic reduction in the volume of transactions conducted in physical stores and some malls are being either abandoned or re-purposed (health hubs and educational facilities being a popular use).  

The human distaste for these large rodents has made rat a productive additive in English.  Since the twelfth century it’s been applied (usually to a surname) to persons either held to resemble rats or share with them some characteristic or perception of quality with them. The specific sense of "one who abandons his associates for personal advantage" is from the 1620s, based on the belief that rats leave a ship about to sink or a house about to fall, and this led to the meaning "traitor” or “informant" although, perhaps surprisingly, there no reference to rat in this sense prior to 1902 where as the modern-sounding sense of associative frequency (mall-rat, gym-rat etc) was noted as early as 1864, firstly as “dock-rat”.  Dr Johnson dates “to smell a rat”, based on the behaviour of cats, to the 1540s.  Sir Boyle Roche (1736-1807), was an Irish MP famous for mangled phrases and mixed metaphors, of the best remembered of which was “I smell a rat; I see him forming in the air and darkening the sky; but I'll nip him in the bud".  There’s the rat-terrier (1852), the rat-catcher (1590s), the rat-snake (1818), rat-poison, (1799), the rat trap (late 1400s), the rat-pack (1951) and rat-hole which in 1812, based on the holes gnawed in woodwork by rats meant “nasty, messy place”, the meaning extended in 1921 to a "bottomless hole" (especially one where money goes).  Ratfink (1963) was juvenile slang either coined or merely popularized by US custom car builder Ed "Big Daddy" Roth (1932-2001), who rendered a stylised rat on some of his creations, supposedly to lampoon Mickey Mouse.

Cricket's most infamous rat (mullygrubber), MCG (Melbourne Cricket Ground), 1 February, 1981.  In the 1970s brown & beige really had been a fashionable color combination but this was the combo's death knell.

Rat has a specific meaning in the cricketing slang of the West Indies, referring to a ball which, after being delivered by the bowler, rather than bouncing off the pitch at some angle, instead runs along the ground, possibly hitting the stumps with sufficient force to dislodge the bails, dismissing the batsman, the idea being of a rat scurrying across the ground.  In Australian slang, the same delivery is called a mullygrubber which, although it sounds old-fashioned, is said to date only from the 1970s, the construct thought based on the dialectal rural term mully (dusty, powdery earth) + grub(ber) in the sense of the grubs which rush about in the dirt if disturbed in such an environment.  Such deliveries are wholly serendipitous (for the bowler) and just bad luck (for the batsman) because it's not possible for such as ball to be delivered on purpose; they happen only because of the ball striking some crack or imperfection in the pitch which radically alters it usual course to a flat trajectory.  If a batsman is dismissed as a result, it's often called a "freak ball" or "freak dismissal".  Of course if a ball is delivered underarm a rat is easy to effect but if a batsman knows one is coming, while it's hard to score from, it's very easy to defend against.  The most infamous mullygrubber was bowled at the Melbourne Cricket Ground (MCG) on 1 February 1981 when, with New Zealand needing to score six (by hitting the ball, on the full, over the boundary) of the final delivery of the match, the Australian bowler sent down an underarm delivery, the mullygrubber denying the batsman the opportunity to score and securing an Australian victory.  Although then permissible within the rules, it was hardly in the spirit of the game and consequently, the regulations were changed.

The Ram Air Turbine

Ram Air Turbine (RAT) diagram.

The Ram Air Turbine (RAT) is a small, propeller-driven turbine connected to a hydraulic pump, or electrical generator, installed in an aircraft to generate emergency power.  In an emergency, when electrical power is lost, the RAT drops from the fuselage or wing into the air-stream where it works as a mini wind-turbine, providing sufficient power for vital systems (flight controls, linked hydraulics and flight-critical instrumentation).

Vickers VC10 in BOAC (British Overseas Airways Corporation (1939-1974) livery.

Built between 1962-1970, although fast and a favorite with passengers because the rear-engine layout guaranteed a quiet cabin, only 54 VC10s were built and, in a market dominated by Boeing's epoch-making 707 (1956-1978), success proved elusive.  Even before the 747 in 1969 ushered in the wide-body era it was clear the elegant VC10 was a cul-de-sac but the airframe enjoyed a long career.  The RAF (Royal Air Force) had some configured as VIP transports and the last of those used as in-flight re-fueling platforms (tankers) weren't retired until 2013.  Most modern commercial airliners are equipped with RATs, the first being installed on the Vickers VC10 in the early 1960s and the big Airbus A380 has the largest RAT propeller in current use at 64 inches (1.63 metres) but most are about half this size.  It’s expected as modern airliners begin increasingly to rely on electrical power, either propeller sizes will have to increase or additional RATs may be required, the latter sometimes the desirable choice because of the design limitations imposed by the height of landing gear.  A typical large RAT can produce from 5 to 70 kW but smaller, low air-speed models may generate as little as 400 watts.  Early free-fall nuclear weapons used rats to power radar altimeters and firing circuits; RATS being longer-lasting and more reliable than batteries.  

A RAT deployed.

The airline manufacturers have been exploring whether on-board fuel-cell technology can be adapted to negate the need for RAT, at least in the smaller, single-aisle aircraft where the weight of such a unit might be equal to or less than the RAT equipment.  The attraction of housing in an airliner's wing-body fairing is it would be a step towards the long-term goal of eliminating an airliner's liquid-fuelled auxiliary turbine power unit.  Additionally, if the size-weight equation could be achieved, there’s the operational advantage that a fuel-cell is easier to test than a RAT because, unlike the RAT, the fuel-cell can be tested without having to power-up most of the system.  The physics would also be attractive, the power from a fuel cell higher at lower altitudes where as the output of a RAT declines as airspeed decreases, a potentially critical matter given it’s during the relatively slow approach to a landing that power is needed to extend the trailing edge of the wing flaps and operate other controls.

If the weight and dimensions of the fuel cell is at least "comparable" to a RAT and the safety and durability testing is successful, at least on smaller aircrafts, fuel-cells might be an attractive option for new aircraft although, at this stage, the economics of retro-fitting are unlikely to be compelling.  Longer term research is also looking at a continuously running fuel cell producing oxygen-depleted exhaust gas for fuel-tank inerting (a safety system that reduces the risk of combustion in aircraft fuel tanks by lowering the oxygen concentration in the ullage (the space above the fuel) to below the level needed to support a fire, typically by replacing oxygen with an inert gas like nitrogen), and water for passenger amenities, thereby meaning an aircraft could be operated on the on the ground without burning any jet-fuel, the fuel-cell providing power for air conditioning and electrical systems.

1944 Messerschmitt Me 163 Komet  (1944-1945).

The only rocket-powered fighter ever used in combat, the Messerschmitt Me 163 Komet had a small RAT in the nose to provide electrical power.  The early prototypes of the somewhat more successful (and much more influential) Messerschmitt Me 262 jet fighter also had a propeller in the nose for the first test flights but it wasn't a a RAT; it was attached to a piston engine which was there as an emergency backup because of the chronic unreliability of the early jet engines.  It proved a wise precaution, the jets failing on more than one occasion.

1974 Suzuki's air-cooled GT380 Sebring with Ram Air System (left) and 1975 Suzuki GT750 with water-cooling (right).

The other “Ram Air” was Suzuki’s RAS (Ram Air System), fitted to the GT380 Sebring (1972-1980) and GT550 Indy (1972-1977) as well as (off and on) several versions of the smaller, two-cylinder models.  It wasn’t used on the water-cooled GT750 Le Mans (1972-1977) because the radiator acted to impede the airflow to the engine.

The GT380, GT550 and GT750 were two-stroke triples noted for an unusual 3-into-4 exhaust system which the central header-pipe was bifurcated, thus permitting four tail-pipes.  There was no justification in engineering for this (indeed it added cost and weight) and it existed purely for visual effect, allowing an emulation of the look on the four-cylinder Hondas and Kawasakis.  Ironically, despite the additional metal, the asymmetric 3-into-3 system on the Kawasaki triples (1969-1976) is better remembered although the charismatic (if sometimes lethal) qualities of the machines may be a factor in that; exhaust systems do exert a powerful fascination for motor-cyclists.  The RAS was nothing more than a cast aluminum shroud fixed atop the cylinder head to direct air-flow, enhancing upper cylinder cooling.  The “ram air” idea had been used in the 1960s by car manufacturers to “force feed” cool air directly into induction systems and when tested it did in certain circumstances increase power but whether Suzuki's RAS delivered more efficient cooling isn’t clear.  When the twin-cylinder GT250 Hustler (1971-1981 and thus pre-dating the pornography magazine Hustler, first published in 1974) was revised in 1976, the RAS was deleted and replaced by conventional fins without apparent ill-effect but the RAS was light, cheap to produce, maintenance-free and looked sexy so some advantages were certainly there.  Interestingly, the companion GT185 (1973-1978) retained the RAS for the model’s entire production.

Big and small-block Chevrolet V8s: the Rat and the Mouse

Small and big-block Chevrolet V8s compared, the small-block (mouse) to the left in each image, the big-block (rat) to the right.

Mouse and rat are informal terms used respectively to refer to the classic small (1955-2003) and big-block Chevrolet V8s (1958-2021).  The small-block was first named after a rodent although the origin is contested; either it was (1) an allusion to “mighty mouse” a popular cartoon character of the 1950s, the idea being the relatively small engine being able to out-perform many bigger units from other manufacturers or (2) an allusion to the big, heavy Chrysler Hemi V8s (the first generation (Firepower) 331 cubic inch (5.4 litre), 354 (5.8) & 392 (6.4) versions) being known as “the elephant”, the idea based on the widely held belief elephants are scared of mice (which may actually be true although the reason appears not to be the long repeated myth it’s because they fear the little rodents might climb up their trunk).  Zoologically, "bee" might have been a better choice; elephants definitely are scared of bees.  The mouse (small-block) and rat (big-block) distinction is simple to understand: the big block is externally larger although, counterintuitively, the internal displacement of some mouse motors was greater than some rats.  

1970 Chevrolet Chevelle SS 396 (with 402 cid V8).

Whether that seeming anomaly (actually common throughout the industry during the big-block era) amused or disturbed the decision-makers at Chevrolet isn't known but in 1970 when the small block 400 (6.6) was introduced, simultaneously the big-block 396 (6.5) was enlarged to 402 (6.6) but the corporation then muddied the waters by continuing to call the 402 a "Turbo-Jet 396" when fitted to the intermediate class Chevelle, the rationale presumably that "SS 396" had such strong "brand recognition".  Available since 1965, by 1969 the SS 396 Chevelle was finally out-selling the Pontiac GTO (which in 1964 had seeded the muscle car movement) so the attachment was understandable.  Further to confuse people, the 400 was advertised as the "Turbo-Fire 400" while if fitted to the full-size line, the 402 was called the "Turbo-Jet 400".  Presumably, the assumption was anyone understanding the 400 & 402 ecosystems would buy the one they wanted while those not in the know would neither notice nor care.  Nor was the deviation in displacement between what was on the badge and what lay beneath the hood (bonnet) exclusive to Chevrolet, there being a long list of things not quite what was on the label although the true specifications usually were listed in the documentation and even the advertising.  The variations occurred for a number of reasons but rarely was there an attempt to deceive, even if sometimes things were left unstated or relegated to the small print.

The “428 Cobra Matter”

That’s not to say there were no disputes about the difference between what was “in the tin” compared with what was “on the tin”.  In June 1969, a certain Mr Karl Francis “Fritz” Schiffmayer (1935-2010) of Lake Zurich, Illinois, wrote to Ford’s customer relations department complaining about the “427 Ford Cobra” he had purchased (as a new car) from a Chicago “Ford Dealer”.  What disappointed Mr Shiffmayer was the performance which didn’t match the widely publicized numbers achieved by many testers and, perhaps more to the point, he found his “$8500 Super Ford could barely keep up with” various $5000 Chevrolets.  For a Ford driver, few things could be more depressing.  Upon investigation, he discovered that despite “‘427’ signs all over the engine and the front fenders”, his car was not “a ‘427’ as advertised and labelled but a ‘428’”.  Both V8s were around seven litres but were in many ways not comparable.

Mr Shiffmayer's letter to Ford, 23 June 1969.

Notionally, Mr Shiffmayer got more than he paid for (ie 428 v 427 is nominally an extra cubic inch) and had he bought a dozen (12) bread rolls from the bakery and been supplied a “baker’s dozen” (13) there’d have been no grounds for complaint because bread rolls are a “fungible” (ie functionally identical) so getting 13 is always better than getting 12 at the same price.  However, the 427 and 428 engines, although from the same FE (Ford-Edsel) family and externally similar (until closely inspected), were very different internally with the former notably more oversquare (ie big-bore) and fitted with cross-bolted main bearings; additionally, the 427s used in the Cobras featured “side-oiling”, a more extensive system of lubrication which afforded priority deliver of oil to the bottom-end, making the engine more robust and better suited to the extreme demands of competition.  By contrast, the a Cobra’s 428 was a modified version of the “Police Interceptor 428”, a high-output edition of a powerplant usually found in Ford’s full-sized line including luxury cars and station wagons where it’s smoothness and effortless low-speed torque was appreciated.  The “Police Interceptor” specification was literally that: the engine used by law enforcement in highway patrol vehicles and for street use, it offered a useful lift in performance but it was not suitable for racetracks.  Later, Ford would “mix & match” the 427 & 428 to create the 428 Cobra Jet, the 427’s heads, intake manifold and some other “bolt-on” bits & pieces creating a combination of power and torque close to ideal for ¼ mile (402 m) runs down drag strips although even then Ford cheated, under-rating the output so the cars would be placed in a different category.  That year, in drag racing, the 428 Cobra Jet Mustangs dominated their class which prompted the sanctioning body to change the rules, imposing their own nominal output ratings rather than accepting those of the manufacturer.  Still, even the Cobra Jet 428 remained suitable only for street and strip because ¼ mile runs were done in a straight line and, without the cross-bolting and enhanced lubrication, it wouldn’t have matched the 427’s ability to endure the extreme lateral forces encountered on high-speed circuits.

AC Shelby Cobra CSX3209 after 427 transplant.

That “427 Cobras” with 428 engines even existed was a product of circumstances rather than planning.  Although now million dollar collectables, it’s sometimes forgotten the 427 Cobra was a commercial failure and that meant production numbers never reached the levels required for homologation to be granted for competition in the category for which it was intended so as well as not selling as well as the small block predecessors on which the model’s reputation was built, nor did the seven litre version ever match its success on the track.  When it came time to build the second batch of 100 427 Cobras, the engine was in short supply because the intricacies in construction, coupled with the wider bore being at the limit the block would accommodate (at the foundry, with a slight shifting of the casting cores, a 427 block would have to be scrapped), it was expensive to produce and inconvenient for Ford to schedule in the small batches the sales supported.  The cheap, mass-produced 428 Police Interceptor was both readily available and half the cost so it was an attractive alternative for Shelby and that it bolted straight without needing any changes made it more desirable still; thus 428-powered “427s”.  For the final run of 48, Shelby procured from Ford genuine 427 side-oilers so the 100 428s were a minority of the big-blocks used and many have since been converted (“rectified” some prefer to say) with the substitution of a 427.  Interestingly, four of the 428s were fitted with automatic transmissions which actually made them more-suitable for street use but nobody seems subsequently have done this as a modification.

Shelby American's reply to Mr Shiffmayer, 21 July 1969.

As it was, As it was, Mr Shiffmayer decided to persevere and kept Shelby Cobra CSX3209 until he died, in the 1970s replacing the 428 with a specially built “tunnel port” (a trick with the pushrods to optimize the fluid dynamics of the fuel-air flow) 427.  Whether he was impressed with the reply (Ford referred his letter to Shelby American) he received in response to his complaint isn’t known but it’s an interesting document for a number of reasons:

(1) “…during the five year existence of the Cobra, three engines were used, the 289, the 427 and the 428.”  Actually, the first 75 used the 260.

(2) “Only a very few of the 959 Cobras built contained the 427 engine.”  Actually of the 998 built (in fairness this wasn’t in 1969 the agreed “final count” but it’s hard to understand how 959 was calculated) more than 150 had the 427 and whether this constitutes “very few” is debatable but it’s also not relevant to the complaint.

(3) “The 427 is a nomenclature such as the GT-500 is for the Shelby car.  It does not relate to the cubic displacement of the engine.  We are sorry that this misunderstanding occurred.”  Actually, when the Cobra 427 was released, “427” was a direct reference to displacement.  The “GT500” label was never likely to cause a “misunderstanding” because (1) there was no Ford 500 cid engine and (2) the GT500 was always advertised as being equipped with the 428.

Indisputably as labeled: 1966 Shelby 427 S/C Cobra (CSX 3040).  In 2018, it sold at auction for US$2,947,500.

So, the letter from Shelby really wasn’t a great deal of help (it was dated the day after man set foot on the moon so perhaps the writer's attention was divided).  Were such a case now to go to court several matters would need to be considered:

Was it notorious (ie widely known; common knowledge) in the circles of potential purchasers of such a car that some were powered by 427s and some by 428s and the differences between the two were well documented?  According to some sources, it was only after the “428 Cobra matter” began to attract comment that sales literature was updated to reflect the changed specification while others maintain publication was concurrent with production.

Was the fact the car had only “427” badges an indication of which engine was fitted or just a “model name” al la the Shelby GT500 (which used a 428) & GT350 (which used either a 289 or 302 (and later a 351))?  That originally (in 1965) “427” was a reference to the 427 engine seem incontestable but the question would be whether this changed to a mere “model name” when the 428 was adopted.  It would seem the evidential onus of proof of that would rest with Shelby American.

When making the decision to purchase, did the buyer rely on representations from an authority (in this case a “Ford dealer”) which might reasonably have been expected to (1) possess and (2) communicate all relevant facts?  In that matter, the court would need to consider whether, in the circumstances, there is any substantive difference between a “Ford dealer” and a “Shelby franchised dealer”.  This would be decided by (1) any competing claims from the parties and (2) what documents were supplied prior to or at the point of purchase.

Is it relevant that in 1966-1967 when Ford offered both the 427 & 428 in the Galaxie, that car was sold as the “7 Litre” (they really did use the French spelling) irrespective of which seven litre (427 or 428) V8 was fitted?  Given that, should the Cobra have been thus labelled and was the continued use of the 427 badge a misrepresentation in 428-powered cars?

Was the dealer aware of the buyer’s background?  Mr Shiffmayer was (1) an engineer with a degree in mechanical engineering from the University of Wisconsin and (2) he was not only an owner of a 289 Shelby Cobra but also raced it with notable success.  If the dealer was aware of those facts that doesn’t absolve them of a responsibility fully to disclose all relevant information but a court could consider it a mitigating factor.  If the dealer was aware those facts, what would then have to be considered is whether it would have been reasonable for it to be assumed the buyer either knew of the mechanical details or could reasonably have been expected to know.

Evidence: Shelby American "Shelby Cobra 427" spec sheet listing the 428 as the engine, thereby suggesting "427" was a model name rather than a reference to a specific engine.  The significance of this document rests on whether it appeared before or after Shelby American began selling 428 powered Cobras.   

Kosher

Kosher (pronounced koh-sher)

(1) In Judaism, a legal definition of food fit or allowed to be eaten or used, according to the dietary or ceremonial laws of the of the Talmud; in conformity with canonical texts or Rabbinical edict, the kosher rules can be applied also to non-food items such as clothing.

(2) In Judaism, adhering to the laws governing such fitness.

(3) In informal use (without any religious connotations), proper, legitimate, genuine, authentic.

1851: From the From Yiddish כּשר‎ (kosher), from Hebrew כָּשֵׁר‎ (kāshēr, kasher and kashruth) (right, fit, proper), the Yiddish reflecting the original meaning.  In the US, in the mid-nineteenth century, the forms kasher & coshar were also in use and beyond the Jewish community, the use as a general verbal shorthand for proper, legitimate, genuine, authentic etc dates from 1896 or the 1920s depending on source although it’s only “kosher” (the original, simplified form of the Hebrew) which endured thus.  Kosher is a verb, adjective & adverb, kosherness is a noun, kosherize, koshering & koshered are verbs and kosherly an adverb.  Because the state of kosherness is a matter of fact under the rules of the Talmud, the adjectives nonkosher & unkosher are often used though whether there are nuances which dictate the choice of which (or even if any such nuances are consistent) isn’t clear.  Although it’s grammatically non-standard, kosher & non kosher are sometimes used as nouns.  Even among those who tend to work in English or an English-Yiddish mix, the transitive verb “to kasher” is commonly used to describe the preparation of food to conform to Jewish law.  As a modifier it’s applied as required thus formations such as kosher salt, kosher kitchen, kosher pickle etc.

Lindsay Lohan on a visit to Westminster Synagogue with former special friend Samantha Ronson, London, March 2009.

The rules for kosher foods are codified in the Torah in the kashrut halakha (dietary law) which exists mostly in Leviticus and Deuteronomy.  Food that conforms is called kosher; that which does not is treif.  Although many elements of the rules are well known (no hare, hyrax, camel, and pig; no shellfish or crustaceans, no creeping things that crawl the earth and no mixing of meat and dairy at the same meal), for adherents, it can at the margins be complex and sometimes the adjudication of the rabbi is needed although, Judaism as practiced is not monolithic and while those who are practicing will probably adhere to a core set or rules, the interpretation varies between communities, their traditions and their level of observance.  The history is also acknowledged by scholars of the texts and it’s admitted many of the original rules about the consumption of animal flesh were a kind of health code in the pre-refrigeration era, the proscriptions applied to the animals which had been found most prone to spread illness or disease if eaten after too long after slaughter or subject to inadequate preparation.  However, despite advances in technology & techniques meaning health concerns no longer apply, because of the long tradition, the rules have no assumed the function of a devotional obligation.

McDonald's at Abasto Mall, Buenos Aires, Argentina, said to be the world’s only kosher McDonald's outside of Israel.  On some days, it’s open until 2am.

The core rules of kosher food

(1) Animals must be slaughtered with a specific method: The beast must be killed by a trained kosher slaughterer (a shochet) using a sharp blade without nicks or imperfections.  The animal must be healthy and not suffer during the process.

(2) Only certain animals are considered kosher: The Torah lists several permitted animals including cows, sheep, goats, and deer. Pigs, camels, rabbits, and other animals are proscribed.

(3) If from the sea, river or lake, only fish with fins and scales may be considered kosher; crustaceans & shellfish are proscribed.

(4) Certain parts of an animal must not  be eaten including the sciatic nerve and certain fats.

(5) Insects which dwell or habitually crawl on the ground are proscribed but flying and leaf-dwelling insects such as locusts are permitted.

(6) Fruit and vegetables must carefully be inspected for bugs and other contaminants; a contaminated item can be cleaned if only touched by a bug but if partially eater, it must be discarded.

(7) Meat and dairy must never be mixed; not stored, prepared, cooked or consumed together.  Separate utensils and dishes must be used for each.

Athenaeum

Athenaeum (pronounced ath-uh-nee-uhm or ath-uh-ney-uhn)

(1) An institution for the promotion of literary or scientific learning.

(2) A library or reading room.

(3) A sanctuary of Athena at Athens, built by the Roman emperor Hadrian, and frequented by poets and scholars (always with initial capital letter).

1727:  Adopted in English from the Latinized form of Greek Athḗnaion (the temple of Athene) in ancient Athens, in which professors taught and actors or poets rehearsed. The meaning "literary club-room or reading room" is from 1799 while the generalized "literary or scientific club" emerged in the mid 1860s.  The academy of learning in Rome was established near the Forum in circa 135 AD by the Emperor Hadrian.  The alternative (mostly US) spelling is athenaeum.

Ruins of the Athenaeum, Rome, now a working archaeological dig.

The Emperor Hadrian (Publius Aelius Hadrianus, 76–138; Roman emperor 117-138) built the Athenaeum as a place for the promotion of literary and scientific studies (ingenuarum artium), the name borrowed from the Hellenic original in acknowledgement of the still admired intellectual traditions of classical Athens.  The Athenaeum was situated near the Capitoline Hill and the ruins were discovered in 2009 during excavations for the construction of a underground rail line, in the middle of what is now Piazza Venezia.

Founded in 1824 with an exclusively male membership roll, the Athenaeum is a private club in London, on Pall Mall at the corner of Waterloo Place, the origin of which was to provide a place men of a literary and scientific bent would find convivial, an atmosphere then apparently thought hard to find in the city's more fashionable clubs.  As was the trend in the twentieth century, women sort of "crept in" as guests and later in a segregated space but since 2002 they have been admitted as full members.  In another sign of the time, it’s now a non-smoking building although charmingly, the elegant “smoking room” signs remain.  There are a number of Athenaeum Clubs in cities of the Commonwealth.

South Library, The Athenaeum Club, London.

The Athenaeum Club is noted for its three libraries, housing a collection of manuscripts, documents and books accumulated over two centuries.  The most photogenic of the three is the South Library designed by English architect Decimus Burton (1800–1881).  Although a space in the tradition of the great continental libraries, in one aspect the visual effect has been heightened in the twenty-first century, LED (light emitting diode) illumination now integrated, almost imperceptibly, into the architectural fabric.  In a nod to the layout of a library's shelving, London’s DesignPlusLights created a three-level, horizontal framework, softly to illuminate the spines, cowls added over each light source to ensure there was no leakage of luminosity, only the vertical shelving being lit.  Adding to the ethereal effect, taking advantage of the new possibilities offered by the tiny LED units, miniature spotlights were built-into the central chandelier to upwardly project light to the ceiling rose.  There’s also a trick using light as an architectural device, recessed up-lights within the window frames and fireplace drawing the eye lower, rendering the internal void something more attuned to human scale.

Syllabus

Syllabus (pronounce sil-a-bis)

(1) In the Roman Catholic Church, a formally issued list.

(2) In education, a summary of topics which will be covered during an academic course, or a text or lecture.

(3) In law reports, the headnote of a reported case containing a summary of the the points of law determined, prefixed to a reported case.

1650s: From the Medieval Latin syllabus (list) which actually arose as a misprint, its accusative plural syllabos appearing in place of sittybas (or perhaps sittubas, either spelling meaning “parchment label” or “table of contents”) in an edition of Ad Atticum (Letters to Atticus by the Roman statesman & scholar Cicero (106-43 BC)), printed during the 1470s.  The corrupt form was influenced by the stem of the Ancient Greek συλλαμβάνω (sullambánō) (put together), source of σῠλλᾰβή (sullabḗ) (syllable); the true etymon is σιττύβα (sittúba) (parchment label; table of contents”) of unknown origin.  As was not unknown with medieval errors of transcription, the name stuck and it too came to mean "a label for a papyrus roll" before morphing into its current usual meaning (an outline or other brief statement of the main points of a discourse, the subjects of a course of lectures, the contents of a curriculum), a shift established by the mid seventeenth century.  Had it been a real word, the proper plural would have been syllabi, now in English accepted as an alternative plural form.  Syllabus is a noun; the noun plural is syllabi or syllabuses.

Mean Girls (2004) Mall Rats moment: Now on the syllabus.

Since the 1980s, there has been criticism of some of the more novel courses which have appeared on University syllabuses.  While there has always been something of a hierarchy in the perception of the intellectual robustness demanded by various courses (physics, engineering and such higher on most pecking orders than social work, media studies, gender studies etc) such has been the emergence of what’s regarded as academic promiscuity (some say prefer prostitution) that the term “Mickey Mouse courses” was coined to describe some of the newest entries.  The use of “Mickey Mouse” as a pejorative is an example of dysphemism (an expression with connotations derogatory either about the subject matter or to the audience) and was from the French dysphémisme, modelled on euphémisme (euphemism), modified by the substitution of the prefix dys-, from the Ancient Greek δυσ- (dus-) (expressing the idea of difficulty, or bad status).  Interestingly, in Australia, “Mickey Mouse” was also used as a slang form meaning “very good”, apparently as a form of rhyming slang (“Jack Lang in the local parlance”) based on “full house”, a most desirable hand in poker.  The use operated as late as the 1960s in parallel with “Mickey Mouse” meaning “poor quality” attributed to the cheap, unreliable (and fake) Mickey Mouse watches which were sold in great quantity during World War II (1939-1945).

In some cases, the criticism is probably unfair because university economics departments coining the term “Swiftonomics” to describe the micro-economic effect on regional economies of Taylor Swift’s (b 1989) tour seems something most suitable for students to study.  It would be the ideal template as a case study; not only does her tour have a beginning, a middle and an end but it would offer something onto which could be mapped most of the tools of social and economic analysis including the dreaded econometrics which most of us regard as having “a marginal propensity to confuse”.  Boston’s Northeastern University is taking Swiftonomics most seriously.  At least the reaction to the announcement of Swiftonomics wasn’t as cruel as a course in the sociological importance of football being dismissed as “David Beckham studies” and something designed to attract enrolments from paying students rather than a “real” course of study.

Mean Girls has appeared on a number of syllabuses and objectively, there’s no reason why the same tools of deconstruction and analysis used of any of the texts more traditionally part of university course shouldn’t be used and Mean Girls content has been noted in fields such as media studies, cultural studies, gender studies and film studies.  In 2015, Colorado College attracted attention for offered a Mean Girls themed class in which 13 students could gain credits for exploring the "motives behind why women seek authority and the actions they are willing to take in order to hold onto it."  Once can see why the department choose Mean Girls to dissect that sort of realpolitik and the course included structural comparisons with tales from Greek mythology.  Those who are snobby about the so-called “Mickey Mouse” courses on syllabuses and blame it on a decline in standards should recall astrology and alchemy once appeared on the degree rolls of many respectable institutions.

Pius IX, modernity and the Syllabus of Errors

Thou shalt not: Pope Pius IX

The most famous syllabus to emerge from the Vatican was that issued by Pope Pius IX (Giovanni Maria Mastai Ferretti, 1792–1878; pope 1846-1878) in 1864 as Syllabus Errorum (Syllabus of Errors), a usefully comprehensive list of the faults of modernity in which His Holiness listed eighty propositions he condemned as erroneous.  For a modern audience, the syllabus is at its most useful when Pius discusses the cult of Freemasonry and the “frauds and machinations” of this “scourge, winding through sinuous caverns, deceiving many with astute frauds.”  Calling them a “wicked” group from the “synagogue of Satan” and a “throng of propagandists”, he called upon the righteous “…to make every effort to defend the faithful which are entrusted to you against the insidious contagion of these sects and to save from perdition those who unfortunately have inscribed themselves in such sects.”  Though controversial, even today, it is by, the standards of the Holy See, a pleasingly brief document and defines a coherent world-view in a few pages; some subsequent pronouncements from Rome have been more verbose and said less.  The pontificate of Pius IX remains the longest in history.  Since the election of Pope Francis (b 1936; pope since 2013), Pius IX has attracted a new audience of admirers, in the curia and beyond.  This is at least in part because of the certainty of his positions and the unambiguity in his words.  His most memorable quotes are succinct:

Liberal Catholics are the worst enemies of the Church.  If a future Pope teaches anything contrary to the Catholic Faith, do not follow him.

However, there can be consequences for those who decide not to follow a pope thought to be teaching things “contrary to the Catholic faith”.  In November 2023, it was announced Pope Francis had sacked (“removed from the pastoral care of the diocese” as the Holy See puts such things) US Bishop Joseph Strickland (b 1958; Bishop of the Diocese of Tyler, Texas 2012-2023) and appointed an interim apostolic administrator.  Whether related or not, the announcement was made only a couple of days after the Vatican’s Dicastery for the Doctrine of the Faith (the DDF, the latest name for the Inquisition) issued a statement confirming an adult who identifies as transgender can receive the sacrament of Baptism under the same conditions as any adult, as long as “there is no risk of causing scandal or confusion to other Catholics”.  To clarify the matter, the DDF added that children or adolescents experiencing transgender identity issues may also receive Baptism “if well prepared and willing”.  This remarkable statement was one of several answers to sacrament-based questions relating to those who identify as transgender or are in same-sex relationships which were generated in response to questions to the DDF posed in July 2023 by Bishop José Negri (b 1959; Bishop of Santo Amaro, Sao Paulo, Brazil since 2015).  All such statements from the Vatican (especially those which in any way touch on LGBTQQIAAOP issues) must be assessed as part of the pope’s response to the recent sessions of the Synod on Synodality and of great interest was the response about whether transgender-identifying people or those in homosexual relationships (1) can be godparents or (2) witness a marriage and (3) whether children adopted or born through assisted reproduction to same-sex couples can be baptised.  To that last matter the DDF quoted the relevant section of the Code of Canon law, saying “For the child to be baptised there must be a well-founded hope that he or she will be educated in the Catholic religion”.  Lambeth Palace would have been proud of a fudge like that but it anyway means transgender-identifying people can be baptized and witness marriages.

Bishop Strickland (appointed to his position in 2012 by Benedict XVI (1927–2022; pope 2005-2013, pope emeritus 2013-2022)) is said to be one of the WWJD (what would Jesus do?) school and on 12 May 2023 had tweeted (ie to the whole world) “I believe Pope Francis is the pope, but it is time for me to say that I reject his program of undermining the Deposit of Faith.  Follow Jesus."  It would have been a nice touch had he’d added “Follow Pius IX” but he resisted that temptation.  The tweet was enough for the Vatican to launch an investigation, in response to which on more than one occasion Bishop Strickland asserted he would not voluntarily resign.  The investigation was remarkably quick by the standards of the Holy See and early in November a spokesman for the Archdiocese of Galveston-Houston revealed the tribunal had advised His Holiness “the continuation in office of Bishop Strickland was not feasible.”  The pope requested the bishop resign but he declined, thus the rare sacking.

In many ways, it’s not the sacking (though rare) which is remarkable but that it took so long to happen.  Strickland had long argued the Roman Catholic Church has become “weak” under Francis and openly challenged the pope to dismiss him, something which observers of the Vatican suspect might have happened some time ago had not Benedict lived as long as he did.  Just to make sure however, shortly after Benedict was entombed, Strickland re-tweeted a video which condemned Francis as a “diabolically disoriented clown” but despite that, he was quoted as blaming the dismissal on his refusal to implement one of Francis’ progressive reforms restricting the old Latin Mass.  An issue which quietly has been simmering since Second Vatican Council (Vatican II; 1962-1965 (which Strickland probably regards as heretical)) Strickland insisted the Latin rituals must remain “because I can’t starve out part of my flock", adding, “I feel very much at peace in the Lord and the truth that he died for.”

Nor is Strickland without support because early in his pontificate, some theologians and cardinals went dangerously close to accusing Francis of being a heretic and after the sacking, perhaps sniffing blood, the editor of The Remnant (a most traditional Catholic newspaper) took to X (formerly known as Twitter) called the firing “total war”, adding “Francis is a clear and present danger not only to Catholics the world over but also to the whole world itself."   No doubt he agreed with Strickland who tweeted: “Rejoice always that…no matter what the day brings Jesus Christ is the Way, the Truth and the Life, yesterday, today and forever. May the saints and the Blessed Virgin Mary always inspire us to return to Christ no matter how we may wander into darkness. Jesus is Light from Light."  That is a WWJD motif: “Where there is darkness, Jesus will make the light”.

Francis has certainly become more assertive since the death of Benedict, condemning the “backwardness” of some conservative Catholic leaders (notably in Germany and the US), saying what they believed in was “not faith but political ideology” and that Church doctrine on issues like abortion and same-sex marriage can change.  Changing something with two thousand-odd years of inertia and institutional memory won’t be easy but Francis has the priceless advantage enjoyed by probably no other head of government or state currently in office: he sits atop a theocracy as an absolute sovereign, whatever he says, goes; he has the last word.  Interestingly, whenever some matter is clearly contentious, he does increasingly mention the word “doctrine”, conscious no doubt that he and everybody else knows that if he chooses to speak ex cathedra, that invokes papal infallibility and means not only is his ruling final but that objections may no longer be even discussed.  Defined dogmatically under Pius IX at the First Vatican Council (Vatican I; 1869–1870 (although it was then claimed it had actually existed and been acknowledged for over a thousand years), no pope has spoken ex cathedra since Pius XII (1876-1958; pope 1939-1958) in 1950 but for Francis it remains his thermo-nuclear option.

The Syllaus of Errors, Pope Pius IX, 1864

I. PANTHEISM, NATURALISM AND ABSOLUTE RATIONALISM

1. There exists no Supreme, all-wise, all-provident Divine Being, distinct from the universe, and God is identical with the nature of things, and is, therefore, subject to changes. In effect, God is produced in man and in the world, and all things are God and have the very substance of God, and God is one and the same thing with the world, and, therefore, spirit with matter, necessity with liberty, good with evil, justice with injustice. (Allocution "Maxima quidem", 9 June, 1862)

2. All action of God upon man and the world is to be denied. (Ibid)

3. Human reason, without any reference whatsoever to God, is the sole arbiter of truth and falsehood, and of good and evil; it is law to itself, and suffices, by its natural force, to secure the welfare of men and of nations. (Ibid)

4. All the truths of religion proceed from the innate strength of human reason; hence reason is the ultimate standard by which man can and ought to arrive at the knowledge of all truths of every kind. (Ibid and Encyclical "Qui pluribus", 9 November, 1846, etc)

5. Divine revelation is imperfect, and therefore subject to a continual and indefinite progress, corresponding with the advancement of human reason. (Ibid)

6. The faith of Christ is in opposition to human reason and divine revelation not only is not useful, but is even hurtful to the perfection of man. (Ibid)

7. The prophecies and miracles set forth and recorded in the Sacred Scriptures are the fiction of poets, and the mysteries of the Christian faith the result of philosophical investigations. In the books of the Old and the New Testament there are contained mythical inventions, and Jesus Christ is Himself a myth.

II. MODERATE RATIONALISM

8. As human reason is placed on a level with religion itself, so theological must be treated in the same manner as philosophical sciences.  (Allocution "Singulari quadam", 9 December, 1854)

9. All the dogmas of the Christian religion are indiscriminately the object of natural science or philosophy, and human reason, enlightened solely in an historical way, is able, by its own natural strength and principles, to attain to the true science of even the most abstruse dogmas; provided only that such dogmas be proposed to reason itself as its object. (Letters to the Archbishop of Munich, "Gravissimas inter," Dec. 11, 1862, and "Tuas libenter", 21 December, 1863)

10. As the philosopher is one thing, and philosophy another, so it is the right and duty of the philosopher to subject himself to the authority which he shall have proved to be true; but philosophy neither can nor ought to submit to any such authority. (Ibid,  11 December, 1862)

11. The Church not only ought never to pass judgment on philosophy, but ought to tolerate the errors of philosophy, leaving it to correct itself. (Ibid, 21 December, 1863)

12. The decrees of the Apostolic See and of the Roman congregations impede the true progress of science.  (Ibid)

13. The method and principles by which the old scholastic doctors cultivated theology are no longer suitable to the demands of our times and to the progress of the sciences. (Ibid)

14. Philosophy is to be treated without taking any account of supernatural revelation.  (Ibid)

III. INDIFFERENTISM, LATITUDINARIANISM

15. Every man is free to embrace and profess that religion which, guided by the light of reason, he shall consider true.  (Allocution "Maxima quidem", 9 June. 1862; Damnatio "Multiplices inter", 10 June, 1851)

16. Man may, in the observance of any religion whatever, find the way of eternal salvation, and arrive at eternal salvation.  (Encyclical "Qui pluribus", 9 November, 1846)

17. Good hope at least is to be entertained of the eternal salvation of all those who are not at all in the true Church of Christ.  (Encyclical "Quanto conficiamur", 10 August, 1863, etc)

18. Protestantism is nothing more than another form of the same true Christian religion, in which form it is given to please God equally as in the Catholic Church.  (Encyclical "Noscitis", 8 December, 1849)

IV. SOCIALISM, COMMUNISM, SECRET SOCIETIES, BIBLICAL SOCIETIES, CLERICO-LIBERAL SOCIETIES

Pests of this kind are frequently reprobated in the severest terms in the Encyclical "Qui pluribus," Nov. 9, 1846, Allocution "Quibus quantisque," April 20, 1849, Encyclical "Noscitis et nobiscum," Dec. 8, 1849, Allocution "Singulari quadam," Dec. 9, 1854, Encyclical "Quanto conficiamur," Aug. 10, 1863.

V. ERRORS CONCERNING THE CHURCH AND HER RIGHTS

19. The Church is not a true and perfect society, entirely free- nor is she endowed with proper and perpetual rights of her own, conferred upon her by her Divine Founder; but it appertains to the civil power to define what are the rights of the Church, and the limits within which she may exercise those rights.  (Allocution "Singulari quadam, & quuot"; 9 December, 1854, etc)

20. The ecclesiastical power ought not to exercise its authority without the permission and assent of the civil government. (Allocution "Meminit unusquisque", 30 September, 1861)

21. The Church has not the power of defining dogmatically that the religion of the Catholic Church is the only true religion. (Damnatio "Multiplices inter", 10 June, 1851)

22. The obligation by which Catholic teachers and authors are strictly bound is confined to those things only which are proposed to universal belief as dogmas of faith by the infallible judgment of the Church.  (Letter to the Archbishop of Munich, "Tuas libenter", 21 December, 1863)

23. Roman pontiffs and ecumenical councils have wandered outside the limits of their powers, have usurped the rights of princes, and have even erred in defining matters of faith and morals.  (Damnatio "Multiplices inter", 10 June, 1851)

24. The Church has not the power of using force, nor has she any temporal power, direct or indirect.  (Apostolic Letter "Ad Apostolicae", 22 August, 1851)

25. Besides the power inherent in the episcopate, other temporal power has been attributed to it by the civil authority granted either explicitly or tacitly, which on that account is revocable by the civil authority whenever it thinks fit.  (Ibid)

26. The Church has no innate and legitimate right of acquiring and possessing property. (Allocution "Nunquam fore", 15 December, 1856; Encyclical "Incredibili", 7 September, 1863)

27. The sacred ministers of the Church and the Roman pontiff are to be absolutely excluded from every charge and dominion over temporal affairs.  (Allocution "Maxima quidem", 9 June, 1862)

28. It is not lawful for bishops to publish even letters Apostolic without the permission of Government.  (Allocution "Nunquam fore". 15 December, 1856)

29. Favours granted by the Roman pontiff ought to be considered null, unless they have been sought for through the civil government.  (Ibid)

30. The immunity of the Church and of ecclesiastical persons derived its origin from civil law.  (Damnatio "Multiplices inter", 10 June, 1851)

31. The ecclesiastical forum or tribunal for the temporal causes, whether civil or criminal, of clerics, ought by all means to be abolished, even without consulting and against the protest of the Holy See.  (Allocution "Nunquam fore", 15 December, 1856; Allocution "Acerbissimum", 27 September, 1852)

32. The personal immunity by which clerics are exonerated from military conscription and service in the army may be abolished without violation either of natural right or equity. Its abolition is called for by civil progress, especially in a society framed on the model of a liberal government.  (Letter to the Bishop of Monreale "Singularis nobisque", 29 September, 1864)

33. It does not appertain exclusively to the power of ecclesiastical jurisdiction by right, proper and innate, to direct the teaching of theological questions.  (Letter to the Archbishop of Munich, "Tuas libenter", 21 December, 1863)

34. The teaching of those who compare the Sovereign Pontiff to a prince, free and acting in the universal Church, is a doctrine which prevailed in the Middle Ages.  (Apostolic Letter "Ad Apostolicae", 22 August, 1851)

35. There is nothing to prevent the decree of a general council, or the act of all peoples, from transferring the supreme pontificate from the bishop and city of Rome to another bishop and another city. (Ibid)

36. The definition of a national council does not admit of any subsequent discussion, and the civil authority car assume this principle as the basis of its acts.  (Ibid)

37. National churches, withdrawn from the authority of the Roman pontiff and altogether separated, can be established.  (Allocution "Multis gravibusque", 17 December, 1860)

38. The Roman pontiffs have, by their too arbitrary conduct, contributed to the division of the Church into Eastern and Western.  (Apostolic Letter "Ad Apostolicae", 22 August, 1851)

VI. ERRORS ABOUT CIVIL SOCIETY, CONSIDERED BOTH IN ITSELF AND IN ITS RELATION TO THE CHURCH

39. The State, as being the origin and source of all rights, is endowed with a certain right not circumscribed by any limits. (Allocution "Maxima quidem", 9 June, 1862)

40. The teaching of the Catholic Church is hostile to the well- being and interests of society. (Encyclical "Qui pluribus", 9 November, 1846; Allocution "Quibus quantisque", 20 April, 1849)

41. The civil government, even when in the hands of an infidel sovereign, has a right to an indirect negative power over religious affairs. It therefore possesses not only the right called that of "exsequatur," but also that of appeal, called "appellatio ab abusu."  (Apostolic Letter "Ad Apostolicae", 22 August, 1851)

42. In the case of conflicting laws enacted by the two powers, the civil law prevails. (Ibid)

43. The secular Dower has authority to rescind, declare and render null, solemn conventions, commonly called concordats, entered into with the Apostolic See, regarding the use of rights appertaining to ecclesiastical immunity, without the consent of the Apostolic See, and even in spite of its protest. (Allocution "Multis gravibusque", 17 December, 1860; Allocution "In consistoriali", 1 November, 1850)

44. The civil authority may interfere in matters relating to religion, morality and spiritual government: hence, it can pass judgment on the instructions issued for the guidance of consciences, conformably with their mission, by the pastors of the Church. Further, it has the right to make enactments regarding the administration of the divine sacraments, and the dispositions necessary for receiving them.  (Allocutions "In consistoriali", 1 November, 1850, and "Maxima quidem", 9 June, 1862)

45. The entire government of public schools in which the youth- of a Christian state is educated, except (to a certain extent) in the case of episcopal seminaries, may and ought to appertain to the civil power, and belong to it so far that no other authority whatsoever shall be recognized as having any right to interfere in the discipline of the schools, the arrangement of the studies, the conferring of degrees, in the choice or approval of the teachers. (Allocutions "Quibus luctuosissimmis", 5 September, 1851, and "In consistoriali", 1 November, 1850)

46. Moreover, even in ecclesiastical seminaries, the method of studies to be adopted is subject to the civil authority. (Allocution "Nunquam fore", 15 December, 1856)

47. The best theory of civil society requires that popular schools open to children of every class of the people, and, generally, all public institutes intended for instruction in letters and philosophical sciences and for carrying on the education of youth, should be freed from all ecclesiastical authority, control and interference, and should be fully subjected to the civil and political power at the pleasure of the rulers, and according to the standard of the prevalent opinions of the age. (Epistle to the Archbishop of Freiburg, "Cum non sine", 14 July, 1864)

48. Catholics may approve of the system of educating youth unconnected with Catholic faith and the power of the Church, and which regards the knowledge of merely natural things, and only, or at least primarily, the ends of earthly social life.  (Ibid)

49. The civil power may prevent the prelates of the Church and the faithful from communicating freely and mutually with the Roman pontiff. (Allocution "Maxima quidem", 9 June, 1862)

50. Lay authority possesses of itself the right of presenting bishops, and may require of them to undertake the administration of the diocese before they receive canonical institution, and the Letters Apostolic from the Holy See. (Allocution "Nunquam fore", 15 December, 1856)

51. And, further, the lay government has the right of deposing bishops from their pastoral functions, and is not bound to obey the Roman pontiff in those things which relate to the institution of bishoprics and the appointment of bishops.  (Allocution "Acerbissimum". 27 September, 1852, Damnatio "Multiplices inter", 10 June, 1851)

52. Government can, by its own right, alter the age prescribed by the Church for the religious profession of women and men; and may require of all religious orders to admit no person to take solemn vows without its permission.  (Allocution "Nunquam fore", 15 December, 1856)

53. The laws enacted for the protection of religious orders and regarding their rights and duties ought to be abolished; nay, more, civil Government may lend its assistance to all who desire to renounce the obligation which they have undertaken of a religious life, and to break their vows. Government may also suppress the said religious orders, as likewise collegiate churches and simple benefices, even those of advowson and subject their property and revenues to the administration and pleasure of the civil power. (Allocutions "Acerbissimum", 27 September, 1852; "Probe memineritis", 22 January, 1855; "Cum saepe", 26 July, 1855)

54. Kings and princes are not only exempt from the jurisdiction of the Church, but are superior to the Church in deciding questions of jurisdiction.  (Damnatio "Multiplices inter", 10 June, 1851)

55. The Church ought to be separated from the .State, and the State from the Church. (Allocution "Acerbissimum", 27 September, 1852)

VII. ERRORS CONCERNING NATURAL AND CHRISTIAN ETHICS

56. Moral laws do not stand in need of the divine sanction, and it is not at all necessary that human laws should be made conformable to the laws of nature and receive their power of binding from God. (Allocution "Maxima quidem", 9 June, 1862)

57. The science of philosophical things and morals and also civil laws may and ought to keep aloof from divine and ecclesiastical authority. (Ibid)

58. No other forces are to be recognized except those which reside in matter, and all the rectitude and excellence of morality ought to be placed in the accumulation and increase of riches by every possible means, and the gratification of pleasure.  (ibid; Encyclical "Quanto conficiamur", 10 August, 1863)

59. Right consists in the material fact. All human duties are an empty word, and all human facts have the force of right. (Allocution "Maxima quidem", 9 June, 1862)

60. Authority is nothing else but numbers and the sum total of material forces. (Ibid)

61. The injustice of an act when successful inflicts no injury on the sanctity of right.  (Allocution "Jamdudum cernimus", 18 March, 1861)

62. The principle of non-intervention, as it is called, ought to be proclaimed and observed.  (Allocution "Novos et ante", 28 September, 1860)

63. It is lawful to refuse obedience to legitimate princes, and even to rebel against them.  (Encyclical "Qui pluribus", 9 November, 1864; Allocution "Quibusque vestrum", 4 October, 1847; "Noscitis et Nobiscum", 8 December, 1849; Apostolic Letter "Cum Catholica".)

64. The violation of any solemn oath, as well as any wicked and flagitious action repugnant to the eternal law, is not only not blamable but is altogether lawful and worthy of the highest praise when done through love of country. (Allocution "Quibus quantisque", 20 April, 1849)

VIII. ERRORS CONCERNING CHRISTIAN MARRIAGE

65. The doctrine that Christ has raised marriage to the dignity of a sacrament cannot be at all tolerated. (Apostolic Letter "Ad Apostolicae", 22 August, 1851)

66. The Sacrament of Marriage is only a something accessory to the contract and separate from it, and the sacrament itself consists in the nuptial benediction alone.  (Ibid)

67. By the law of nature, the marriage tie is not indissoluble, and in many cases divorce properly so called may be decreed by the civil authority. (Ibid; Allocution "Acerbissimum", 27 September, 1852)

68. The Church has not the power of establishing diriment impediments of marriage, but such a power belongs to the civil authority by which existing impediments are to be removed.  (Damnatio "Multiplices inter", 10  June, 1851)

69. In the dark ages the Church began to establish diriment impediments, not by her own right, but by using a power borrowed from the State.  (Apostolic Letter "Ad Apostolicae", 22 August, 1851)

70. The canons of the Council of Trent, which anathematize those who dare to deny to the Church the right of establishing diriment impediments, either are not dogmatic or must be understood as referring to such borrowed power.  (Ibid)

71. The form of solemnizing marriage prescribed by the Council of Trent, under pain of nullity, does not bind in cases where the civil law lays down another form, and declares that when this new form is used the marriage shall be valid.

72. Boniface VIII was the first who declared that the vow of chastity taken at ordination renders marriage void.  (Ibid)

73. In force of a merely civil contract there may exist between Christians a real marriage, and it is false to say either that the marriage contract between Christians is always a sacrament, or that there is no contract if the sacrament be excluded. (Ibid; Letter to the King of Sardinia, 9 September, 1852; Allocutions "Acerbissimum", 27 September, 1852, "Multis gravibusque", 17 December, 1860)

74. Matrimonial causes and espousals belong by their nature to civil tribunals.  (Encyclical "Qui pluribus", 9 November, 1846; Damnatio "Multiplices inter", 10 June, 1851, "Ad Apostolicae". 22 August, 1851; Allocution "Acerbissimum", 27 September, 1852)

IX. ERRORS REGARDING THE CIVIL POWER OF THE SOVEREIGN PONTIFF

75. The children of the Christian and Catholic Church are divided amongst themselves about the compatibility of the temporal with the spiritual power.  (Ad Apostolicae", 22 August, 1851)

76. The abolition of the temporal power of which the Apostolic See is possessed would contribute in the greatest degree to the liberty and prosperity of the Church.  (Allocutions "Quibus quantisque", 20 April, 1849, "Si semper antea", 20 May, 1850)

X. ERRORS HAVING REFERENCE TO MODERN LIBERALISM

77. In the present day it is no longer expedient that the Catholic religion should be held as the only religion of the State, to the exclusion of all other forms of worship. (Allocution "Nemo vestrum", 26 July, 1855)

78. Hence it has been wisely decided by law, in some Catholic countries, that persons coming to reside therein shall enjoy the public exercise of their own peculiar worship. (Allocution "Acerbissimum", 27 September, 1852)

79. Moreover, it is false that the civil liberty of every form of worship, and the full power, given to all, of overtly and publicly manifesting any opinions whatsoever and thoughts, conduce more easily to corrupt the morals and minds of the people, and to propagate the pest of indifferentism.  (Allocution "Nunquam fore", 15 December, 1856)

80. The Roman Pontiff can, and ought to, reconcile himself, and come to terms with progress, liberalism and modern civilization.  (Allocution "Jamdudum cernimus", 18 March, 1861)

The faith teaches us and human reason demonstrates that a double order of things exists, and that we must therefore distinguish between the two earthly powers, the one of natural origin which provides for secular affairs and the tranquillity of human society, the other of supernatural origin, which presides over the City of God, that is to say the Church of Christ, which has been divinely instituted for the sake of souls and of eternal salvation.... The duties of this twofold power are most wisely ordered in such a way that to God is given what is God's (Matt. 22:21), and because of God to Caesar what is Caesar's, who is great because he is smaller than heaven. Certainly the Church has never disobeyed this divine command, the Church which always and everywhere instructs the faithful to show the respect which they should inviolably have for the supreme authority and its secular rights....

. . . Venerable Brethren, you see clearly enough how sad and full of perils is the condition of Catholics in the regions of Europe which We have mentioned. Nor are things any better or circumstances calmer in America, where some regions are so hostile to Catholics that their governments seem to deny by their actions the Catholic faith they claim to profess. In fact, there, for the last few years, a ferocious war on the Church, its institutions and the rights of the Apostolic See has been raging.... Venerable Brothers, it is surprising that in our time such a great war is being waged against the Catholic Church. But anyone who knows the nature, desires and intentions of the sects, whether they be called masonic or bear another name, and compares them with the nature the systems and the vastness of the obstacles by which the Church has been assailed almost everywhere, cannot doubt that the present misfortune must mainly be imputed to the frauds and machinations of these sects. It is from them that the synagogue of Satan, which gathers its troops against the Church of Christ, takes its strength. In the past Our predecessors, vigilant even from the beginning in Israel, had already denounced them to the kings and the nations, and had condemned them time and time again, and even We have not failed in this duty. If those who would have been able to avert such a deadly scourge had only had more faith in the supreme Pastors of the Church! But this scourge, winding through sinuous caverns, . . . deceiving many with astute frauds, finally has arrived at the point where it comes forth impetuously from its hiding places and triumphs as a powerful master. Since the throng of its propagandists has grown enormously, these wicked groups think that they have already become masters of the world and that they have almost reached their pre-established goal. Having sometimes obtained what they desired, and that is power, in several countries, they boldly turn the help of powers and authorities which they have secured to trying to submit the Church of God to the most cruel servitude, to undermine the foundations on which it rests, to contaminate its splendid qualities; and, moreover, to strike it with frequent blows, to shake it, to overthrow it, and, if possible, to make it disappear completely from the earth. Things being thus, Venerable Brothers, make every effort to defend the faithful which are entrusted to you against the insidious contagion of these sects and to save from perdition those who unfortunately have inscribed themselves in such sects. Make known and attack those who, whether suffering from, or planning, deception, are not afraid to affirm that these shady congregations aim only at the profit of society, at progress and mutual benefit. Explain to them often and impress deeply on their souls the Papal constitutions on this subject and teach, them that the masonic associations are anathematized by them not only in Europe but also in America and wherever they may be in the whole world.

To the Archbishops and Bishops of Prussia concerning the situation of the Catholic Church faced with persecution by that Government....

But although they (the bishops resisting persecution) should be praised rather than pitied, the scorn of episcopal dignity, the violation of the liberty and the rights of the Church, the ill treatment which does not only oppress those dioceses, but also the others of the Kingdom of Prussia, demand that We, owing to the Apostolic office with which God has entrusted us in spite of Our insufficient merit, protest against laws which have produced such great evils and make one fear even greater ones; and as far as we are able to do so with the sacred authority of divine law, We vindicate for the Church the freedom which has been trodden underfoot with sacrilegious violence. That is why by this letter we intend to do Our duty by announcing openly to all those whom this matter concerns and to the whole Catholic world, that these laws are null and void because they are absolutely contrary to the divine constitution of the Church. In fact, with respect to matters which concern the holy ministry, Our Lord did not put the mighty of this century in charge, but Saint Peter, whom he entrusted not only with feeding his sheep, but also the goats; therefore no power in the world, however great it may be, can deprive of the pastoral office those whom the Holy Ghost has made Bishops in order to feed the Church of God.