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

Saturday, November 20, 2021

Pardon

Pardon (pronounced pahr-dn)

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

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

(3) Forgiveness of a serious offense or offender.

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

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

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

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

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

Pardons from the president: Without check or balance

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

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

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

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

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

Pardons from God (via the pope)

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

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

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

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

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

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

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

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

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

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

Saturday, November 8, 2025

Patent

Patent (pronounced pat-nt or peyt-nt)

(1) The exclusive right, granted by a government to an inventor (or owner of the invention) to manufacture, use or sell an invention for a certain length of time.

(2) An invention or process protected by an exclusive right to manufacture, use, or sell it.

(3) An official document conferring on the inventor the exclusive right to manufacture, use, or sell an invention; letters patent.

(4) Protected by an exclusive right given to an inventor to manufacture, use, or sell an invention; patented; the holding of an exclusive right to manufacture, use, or sell an invention.

(5) Relating to, concerned with, or dealing with the granting of exclusive rights to sell or manufacture something, especially inventions (ie the matter of “patent law” dealt with by a “patent attorney”.

(6) Of or pertaining to a right, privilege etc conferred by a patent.

(7) To take out a patent on; obtain the exclusive rights to (an invention, process, etc) by securing a patent.

(8) In US law, the instrument with which by which the federal government conveys a legal title in fee-simple (freehold) to public land.

(9) An ellipsis of patent leather (a varnished, high-gloss leather used in fashion for shoes, handbags, coats and such).

(10) As patent leather, a hide treated in a way which results in a very shiny surface.

(11) Of plate glass, ground and polished on both sides,

(12) In pharmaceuticals, (of a medication) sold without a prescription and usually protected by an exclusive legal right to manufacture (described often as “patent remedies” or “patent drugs”).

(13) In medicine, (of a duct or passage in the body) open or unobstructed.

(14) In medicine (including veterinary medicine) of an infection, in the phase when the organism causing it can be detected by clinical tests.

(15) In phonetics, open, in various degrees, to the passage of the breath stream.

(16) In metallurgy to heat a metal above a transformation temperature and then quench (cool) it in preparation for cold-drawing, wire pulling etc.

(17) In gambling, the combination of seven bets on three selections, offering a return even if only one bet comes in.

(18) In baking (of flour), fine, and consisting mostly of the inner part of the endosperm of the grain from which it is milled.

(19) In botany (and sometimes in horticulture and agriculture generally), expanded or spreading.

(20) Lying open; not enclosed or shut in (often as “a patent field” and applied also to open doorways, passages and such.

(21) Readily open to notice or observation; evident unconcealed, conspicuous, palpable, clear (usually in the phrase “patently obvious”).

(22) To originate and establish as one's own.

(23) A characteristic or quality that one possesses; in particular (hyperbolic) as if exclusively; a monopoly (often in the form “got a patent on”).

(24) An official document granting a right (the significance of the "patent" element in "letters patent" being it indicated the document was openly published an accessible to all (ie in the sense of the Latin patēns).

(25) Any right granted by such a document.

1250–1300: As an adjective, patent was from the Middle English patent, from the Latin patent-, stem of patēns (open, standing open), present participle of patēre (to stand open, lie open).  The Middle English noun patent (document granting an office, property, right, title, etc.; document granting permission, licence; papal indulgence, pardon) was either a clipping of “letters patent”, a translation of the Medieval Latin littera patēns or litterae patentēs (open letters) or was directly from the Anglo-Norman and Middle French patente (which endures in modern French as patent) or a clipping of the Anglo-Norman lettres patentes, Middle French lettres patentes, lettre patente and Old French patentes lettres (document granting an office, privilege, right, etc or making a decree).  The adjective patent (granting a right, privilege, or power) emerged late in the fourteenth century while the sense of “open to view, plain, clear” was in use by at least 1505 and use as an adverb dates from the mid fifteenth century.

The verb dates from the 1670s and was derived from the Middle English nouns patent & patente (wide open; clear, unobstructed; unlimited; of a document: available for public inspection), from the Anglo-Norman & Middle French patent and directly from their etymon the Latin patēns (open; accessible, passable; evident, manifest; exposed, vulnerable), the present active participle of pateō (to be open; to be accessible, attainable; to be exposed, vulnerable; of frontiers or land: to extent, increase), from the primitive Indo-European pete or peth- (to spread out; to fly).  The verb originally was used in the sense of “to obtain right to land" by securing letters patent” while the meaning “obtain a copyright to an invention” was in use by at least 1822, building on the earlier meaning (recorded in 1789) “obtain an exclusive right or monopoly” a privilege granted by the Crown by the issue of letters patent.  Patents issued thus (for a licence granted by a government covering a new and useful invention, conferring exclusive right to exploit the invention for a specified term of years) came into use in the 1580s.  Patent is a noun, verb & adjective, patenter, patentor, patentee, patentholder, patency, patentability, impatency, patency & prepatent are nouns, patented is a verb & adjective, patenting is a verb, patentable, antipatent, patentlike, patentfree, patentless & impatent are adjectives and patentably & patently are adverbs; the noun plural is patents.  The derived forms (nonpatentable, unpatentability, repatent etc) are used as required.

Alice Geek TeckTM strapless bra.  The product was released with Geek TeckTM still in its "Pat. pend" phase.

The Alice Geek TeckTM strapless bra was released in 2015, its novelty being the use of “Patent-Pending Geek TeckTM” panels which exploited the Van Der Waals forces (intermolecular electrostatic attractive forces) created by their silicone construction with microscopic hair-like structures known as setae (analogous to those found on the feet of geckos, famous for their ability to attach themselves (upside-down) to ceilings, using, if need be, only one foot.  The theory was the Geek TeckTM panels would “stick to” the wearer’s skin thereby enhancing the most important design imperative of the strapless bra: staying up.  US patent 9,402,424 was assigned to Kellie K apparel LLC but it seems not to have succeeded which is unfortunate because there’s a gap in the market for a genuinely gravity-defying strapless bra.

The familiar term “patent pending” (often seen stamped on products in the abbreviated form “Pat. pend.”) is used to indicate a patent application has been filed but has not yet been granted.  The significance of the use is: (1) it can act to deters competitors, signalling to potential “copycats” that patent protection is expected to be granted, thus discouraging attempts at imitation, (2) it’s thought to lend credibility to a product, thus conferring a marketing advantage, (3) it can make a product more attractive to potential investors because a patent grants years of protection from competition and (4) the existence of the label can in subsequent infringement proceedings lead to a higher award of damages because it can be used as evidence the other party did not act “in good faith”.  However, the mere existence of a “Pat. Pend.” label does not provide legal protection and others may still (at their own risk) copy and sell the product, something of significance because patent applications can take months (or even years in complex or contested matters) to process and there have been cases where a company violating a subsequently granted patent has “come and gone” (taking with them their profits) by the time a patent is granted.  Importantly, a manufacturer cannot mark something as “Pat. Pend.” just to try to ward of potential competition and in most jurisdictions it’s unlawful to use the term if no application has been filed.  In legal slang, “patentees” and “patentspeak” are terms referring to the legal and technical jargon used in the handling of patents while “patentometrics” is the statistical analysis of patents.

In law, “patent troll” is an informal term used (usually disparagingly) to describe an individual or company which acquires and enforces patents in an aggressive and opportunistic manner, often with no intention of producing, marketing, or promoting the subjects of the patents.  The term is based on the similar concepts “trademark troll” and “copyright troll” and in more formal use a “patent troll” is usually styled a “patent assertion entity” or a “non-practicing entity”.  The seemingly curious business model (making money by neither producing or selling stuff to which one holds the exclusive patent) works usually through litigation or (more typically) the threat of litigation, exploiting the cost–benefit imbalance between contesting versus settling a lawsuit.  Sometimes speculatively but usually because potential targets have been identified, patent trolls will (1) buy older or unused patents from bankrupt companies, small inventors or concerns which have no further use for them or (2) file new patents that are broad or vague, something especially prevalent in highly technical fields where change is rapid (anything IT related the classic example) and specialists can amass hundreds or even thousands of patents, some unambiguously enforceable, some with enough of a hint of validity to be a creditable threat.  Thus equipped, patent trolls search for possible targets for litigation, the ideal victims being (1) companies so big they might settle a claim for what is (for them) a small sum (though most lucrative for the trolls who may have done little more than send a C&D (cease & desist letter)) or (2) smaller companies which cannot afford the cost of litigation (they might settle for less but it’s still a profit to the troll) because even if a case successfully is defended, the cost of doing so can, in the US, run to millions.

What that means is the troll’s business model has three potential revenue streams: (1) licensing fees, (2) one-off settlements and (3) court-awarded damages (in the rare instances in which a case goes to trial).  With no costs associated with R&D (research & development), product testing, production or marketing, a troll’s overheads are comparatively minimal and limited usually to legal and administrative fees.  Highly developed practitioners of trolling also use elaborate company structures made up of trusts, shelf companies and such, often in trans-national form, the jurisdictions chosen on the basis of which is most advantageous for a certain purpose (secrecy, taxation arrangements, limitations of liability etc); all these layers can protect a troll’s assets from counter-claims.  Patents are also “just another asset” and once assembled become a portfolio which can be leveraged as investment vehicles, something done often by the device of bundling them in securitized form, sometimes S&Ded (sliced & diced) for sale to investors, not as individual patents but as a percentage of the whole.

Some products become known as “patent something” because they gained their original uniqueness by virtue of patent protection.  In nautical use, a “patent log” is a mechanical device dragged from the stern of the vessel and used to indicate the craft’s speed through the water; most consist of a rotator (ie on the principle of a propeller) and reading unit, connected by a stiff line (usually covered with a flexible, protective skin).  Even in the age of electronic sensors, patent logs remain in use because they are simple, reliable, low maintenance units which require no external power source, the rotator spinning as it proceeds astern, the rotations of the connecting line registered by a wheel works and dial mounted to the vessel's rail.  The earliest versions of mechanical logs had the counting attached directly to the rotator, meaning the apparatus had to be hauled aboard to “take a reading” so the US innovation in the 1860s of a connecting line (spinning a la the mechanical speedometers which later would appear in automobiles) was an advance which made the thing a “real time” device.

An 1881 Patent Log by Thomas Walker, on display at the Smithsonian Natural History Museum.

For many reasons, to know a vessel’s true speed was an important part of seamanship and “log” element in the name came from the old way sailors determined speed.  Since the sixteenth century, the technique had been to attach knotted rope to a wooden log which was heaved overboard and, the knots being tied at regular intervals, the number of knots counted off over a short period indicating the speed.  From this came the standard unit of speed at sea being the “knot” (one knot being equal to one nautical mile per hour and few things annoy old salts more than the expression “knots per hour”).  The log method obviously was inexact because of the variables to which it was subject so the mechanical device was a great advance.  A company founded by Thomas Walker (1805-1873) as a nautical instrument maker based in Birmingham (in England about as far as one can get from the sea) received a patent for a mechanical log in 1878, sometime before one was granted by the US patent office although that application was submitted in 1877.

Lindsay Lohan during blonde phase in Lanvin patent leather coat, New York City, May 2007.

“Patent leather” describes a hide which has been coated with a process using a substance which produces a high-gloss finish, so shiny as to be described as “like a polished, glazed ceramic”.  In fashion, the attraction of patent leather is that despite the brittle appearance, it retains all the flexible qualities and durability of leather while being almost waterproof (although intrusion can of course be possible at the seams).  Most associated with shoes, boots, handbags and coats, the original patent leather seems exclusively to have been produced in black but a wide range of colors have long been available so the material quickly became a favourite of designers.  In the late 1700s when patent leather first became commercially available in England, the lacquer coating was linseed oil-based but what revolutionized things and made mass-production more viable was the invention by metallurgist Alexander Parkes (1813–1890) of Parkesine, the first man-made “plastic”; it was one of his dozens of patented inventions, thus the name “patent leather”.  It was Parkesine which enabled the development of multi-colored patent leathers and because the product literally is “leather with a synthetic coating”, it’s one of the natural products most easily emulated (in appearance) by a plastic alternative although the imitations never possessed the same qualities.  Interestingly, many of the various processes used early in the nineteenth century to patent leather were never patented.

The former Court of Star Chamber (1836), drawing by unknown artist.

There were also “patent theatres”.  In England letters patent were for years a standard device in the administration of censorship, something that attracted increased interest from governments as soon as the printing presses began to operate at scale.  The printing press was one of the great creations of civilization but their availability appalled priest and politician alike because the last thing they wanted was “the common people” being given ideas (which they knew quickly would become heresy and sedition).  Under Henry VIII (1491–1547; King of England (and Ireland after 1541) 1509-1547) proclamations against heretical and seditious publications soon appeared and in 1538 a statute was added declaring books must be licensed for printing by the Privy Council or other royal nominees.  What this did was create a flourishing black market for works produced by illegal presses and this battle between censorship and “underground” publications would for some 450 years characterize the way things were done in England.  One critical development came in 1557 when the Stationers' Company was granted a “charter of incorporation” which provided that only members of the company (or others holding a special patent) were allowed to print any work for sale in the kingdom.  In 1586, the ever imaginative Court of Star Chamber devised an ordinance which directed that no printing press might be set up in any place other than London (with the exception of one each for the university towns Oxford and Cambridge) and rigorously, the Star Chamber enforced this law with their usual zeal and although the court was in 1641 abolished by the Long Parliament, governments didn’t lose their fondness for censorship; under the Commonwealth restrictions were tightened with all “unofficial periodicals” (a move aimed at troublesome “newsletters, precursors to modern magazines and newspapers) banned and while the Rump Parliament of 1659 permitted “licensed newsbooks”, severely their issue was restricted.

During the Restoration period neither the government’s strategy or tactics much changed and material deemed libellous or offensive (values which cast a wide net) to the state or Church could see offenders fined, imprisoned pilloried or hanged (the last invoked if the offence was judged “high treason”).  By the eighteenth century things had somewhat been relaxed but Thomas Paine (1737-1809) was nevertheless compelled to flee to France when his book Rights of Man (1791) was declared “subversive” and a warrant issued for his arrest; even an article condemning the use of disciplinary flogging by the military could attract a fine of Stg£1,000 (then a small fortune) and two years in prison.  Being popular entertainment and accessible to even the illiterate, censorship of the theatre was important and the licensing of individual plays seems to have begun as early as the 1640s with an inspired piece of legislation in 1572 deeming all players (actors) “rogues and vagabonds” unless they belonged to (1) a baron of the realm, (2) somebody of higher rank or (3) were licensed by two justices.

Theatre Royal, Drury Lane, London, one of the original two "patent theatres".

Later, London’s theatrical companies worked under royal patents created by issue of the appropriate letters patent.  Curiously, governments, while much concerned with the preservation of political & ecclesiastical power, had rather neglected public morality but the Puritans were appalled by even the idea of the theatre.  Oliver Cromwell (1599–1658; Lord Protector of the Commonwealth 1653-1658) and his ilk thought the stage a place of immorality and in 1542 the Long Parliament prohibited all dramatic performances.  Inevitably, with theatres closed, an underground movement arose, the best documented of which were the Droll-Humours.  At or after the Restoration, letters patent were issued so companies could be formed and in 1662 these conferred on the recipients the exclusive right to present, in public, plays in public within the City of Westminster.  It proved a lucrative business and after the deaths of the original holders of the rights, lawyers began their squabble over to whom or what entity the letters patent should be conveyed; the disputes dragged on for some time before ultimately they were settled on the Covent Garden and Drury Lane theatres.  These enduring institutions thus came to be called the “patent theatres” and what the letters called “drama” was confined to the patent theatres.  However, nobody had bothered to define exactly what constituted “legitimate drama” and that remained a source of dispute among critics and lawyers, resolved only when the Theatres Act (1843) rendered the original letters patent inoperative.

Drawing of patent hammer, attached to Mr Richard’s application to the US Patent Office. the image is from the Trowel and Masonry Tool Collector Resource.

In stone-masonry, a “patent hammer” is a specialized hammer used by stonemasons for dressing stone, the head having two faces formed by a number (at least 2 but usually with 4, 6, 8, 10 or 12 “cuts” (blades) broad, thin chisels bolted side by side); the bolts could be loosened, allowing the blades to be removed to be re-sharpening or replaced.  The head of a patent hammer was heavy and the tool was used for finishing granite or the harder grades of sandstone and the choice of which to use was dictated by nature of the stone and the finish desired.  Historically, the most commonly used jaw opening was ⅞ inch but other graduations between ½ and one inch were widely produced and in the jargon of the trade, the number of cuts per nominal inch became the nominal description (eg an “8-cut finish”).  Essentially a time-saving device, use of a patent hammer allowed a stonemason to render a grooved surface more quickly and with more consistency than when using a single hand chisel.  The tools were in various places known also as the “patent bush hammer” “Scotia hammer” and “patent Scotia hammer” although, as a general principle, the Scotias usually were lighter and featured smaller jaw openings.  The tool gained its name from the patent granted in 1828 to Joseph Richards (1784-1848) of Braintree, Massachusetts and although the evidence suggests similar devices had for centuries been in use (presumably crated ad-hoc by stonemasons or tool-makers), this issue of the 1828 patent triggered an onrush of patent applications for stonemasonry tools and the US Patent Office (which classed them as “bush hammers” or “mill picks” to distinguish them from other hammers) soon had literally dozens of variants on the books.

In English law, letters patent and royal decrees (now more commonly styled as royal proclamations) are instruments with which the Crown exercises its prerogative powers, but they differ in form, purpose, and legal effect.  Letters patent are formal, written documents issued under the Great Seal, open for public inspection, declaring the monarch’s will in a matter of public record; they are addressed to all subjects, not to an individual or private recipient.  As an administrative device, letters patent are used to confirm rights, titles, offices, or privileges (including creating or conferring peerages or knighthoods) granting corporate charters (universities or city incorporations etc), issuing patents of invention or land grants and appointing public offices of state (governors, judges etc).  As legal devices, they operate as instruments of grant rather than command and unusually, take effect by virtue of being published, not by their delivery, registration or some form of gazetting.  Importantly, they can be subject to judicial challenge and voided if found to have been issued ultra vires (a legal maxim from the from Latin ultra vires (beyond the power) meaning (in this case) held to be beyond the monarch’s lawful prerogative) so although sounding something of an echo of the days of absolute power being exercised from the throne, they do operate within modern constitutional limits.

A royal proclamation is a command or declaration made by the monarch and issued over their signature but almost always drafted by the responsible ministers in government and published in the Gazette.  While a term like “royal proclamation” sounds like it might be used for commands like “off with their heads”, in modern use, typically, they’re invoked to announce or enforce policies, order, or regulations and that this is done under the royal prerogative is merely procedural.  So, while most are prosaic, (the regulation of this and that; announcing public holidays or public ceremonies etc), historically, royal proclamations have declared war and routinely still are the instrument summoning or dissolving parliament.  In the narrow technical sense the royal proclamation operates as an executive command rather than a grant but has a valid force of law only when issued under a lawful prerogative or statutory authority (since the Bill of Rights (1689), proclamations cannot create new offences or change existing law without the consent of both houses of parliament (as modified by the Parliament Acts (1911 & 1949)).

Mr Andrew Mountbatten Windsor (the former Prince Andrew, Duke of York) in the Garter robe he no longer dons (at least not when in public view).  Mr Mountbatten Windsor is the great grandson of King George V.

Because most are procedural, letters patent usually barely register in the public consciousness but, around the world, their use in late 2025 in the matter of Andrew Albert Christian Edward Mountbatten Windsor (b 1960) certainly made headlines.  Mr Mountbatten Windsor once was styled HRH (His Royal Highness) Prince Andrew, Duke of York, KG (Knight Companion of the Most Noble Order of the Garter), GCVO (Knight Grand Cross of the Royal Victorian Order) but the controversy about his alleged conduct with certain young women associated with the convicted child sex offender Jeffrey Epstein (1953–2019) meant that between 2022 and 2025, almost all his many titles gradually were (in one way or another) put into abeyance before his brother Charles III (b 1948; King of the United Kingdom since 2022) issued the letters patent effectively removing all.

Until that point, the gradual nibbling away of Mr Mountbatten Windsor’s array of titles had been an example of inept crisis management with him in 2022 ceasing to be a “HRH” in a “public capacity” but remaining one in his “private capacity”.  That didn’t mean he could use it only in his bedroom but meant it couldn’t be used were he to appear at any “official public event”.  While one being able to call oneself “HRH” only in private (presumably among consenting adults) might sound a bit of a slap on the royal wrist, it is possession of styles and titles which determine one’s place in the “order of precedence”, something of great significance to those who move in certain circles because where one sits on the pecking order determines things like who has to bow or curtsy to whom and whether at events one gets to sit somewhere nice with the dukes & earls or is shunted off into a corner with the provincial mayors and eldest sons of knights.  As a weapon, the removal of the “HRH” has been used against the Duchess of Windsor (Wallis Simpson; 1896–1986), Diana, Princess of Wales (1961-1997) and the Duchess of Sussex (Meghan Markle; b 1981).  Although Mr Mountbatten Windsor’s notorious television interview (approved by the palace courtiers against the advice of the media pros) seemed at the time the nadir of the crisis management of the “Andrew problem” (ranking with Boeing’s handing of the 737 Max’s “issues” and Intel’s attempt to “non-handle” the flaws in the original Pentium’s inbuilt math co-processor), the “drip feed” of the way his styles and titles gradually were eroded made things worse still.  As a footnote, the former Prince Andrew is now known as “Andrew Mountbatten Windsor” rather than “Andrew Windsor” because his father (Prince Philip, Duke of Edinburgh (1921–2021)) was upset his sons wouldn’t bear his name so the “Mountbatten” was added.

Revelations about his alleged conduct continued to emerge and in mid October, 2025, it was announced that following discussions with the king, he would cease to make use of the styles of address to which he was entitled as a duke and twice a knight of the realm (both knighthoods being in orders of chivalry in the personal gift of the sovereign (his mother) with no involvement by government).  That didn’t mean he ceased to be a duke (with subsidiary peerages) or the possessor of two knighthoods in orders of chivalry, just that he would no longer “use them”.  That meant for all public purposes he would revert to what he was by virtue of his birth: plain old “Prince Andrew”.  Had the revelations stopped there, the “fix” might have worked but as fresh accusations continued to appear, not only was the press making trouble but there were suggestions “the Andrew problem” might be discussed on the floor of the House of Commons where members enjoy what’s called “parliamentary privilege” (the right to make even defamatory statements without risk of legal action).  What appeared to be of particular interest to some politicians was Mr Mountbatten Windsor remaining eighth in the line of succession to the British throne (and thus the monarchies of Australia, the Bahamas, Belize, Canada and such).

Accordingly, on 30 October 2025, the palace announced the king would be removing all his brother's styles, titles, and honours.  While technically this does not revoke the peerages, it does mean they are no longer “effective” and thus not affecting the vital order of precedence.  On 3 November, the king issued letters patent stripping Andrew of both the style “HRH” and title “prince”.  That the king can do this by the mere inking of a sheet of vellum is because (1) letters patent are a powerful tool and (2) in 1917 George V (1865–1936; King of the United Kingdom & Emperor of India 1910-1936) effectively codified the monarch’s authority in such matters; no involvement by parliament being required.  In 1917 the UK was at war with the German Empire so anti-German sentiment was about and as well as changing the royal family’s name from the obviously Teutonic Saxe-Coburg-Gotha to Windsor, the opportunity was taken for an “agonizing reappraisal” of the domestic structure.

Letters Patent issued by George V, 30 November 1917.  When mention was made to the "Great Seal of the United Kingdom of Great Britain and Ireland", the reference was literally to a big wax seal.

Thus, King George V issued letters patent restricting use of the titles “Prince” & “Princess” and the style “HRH” to certain close relatives of the monarch: (1) the children of the sovereign, (2) the male-line grandchildren of the sovereign (3) and the eldest living son of the eldest son of the Prince of Wales (ie the heir apparent’s eldest son).  Other descendants of the monarch would be styled as children of dukes (Lord or Lady).  In doing this George V wasn’t claiming or asserting a new royal prerogative (it had long been acknowledged) but his issue of the 1917 Letters Patent was the moment it was codified and assumed the force of a formal decree.  That’s why it’s misleading to say the UK doesn’t have a written constitution; it’s just all the bits and pieces don’t appear in one consolidated document al la the US, Australia or the old Soviet Union.  The words of the 1917 Letters Patent were:

Whitehall, 30th November, 1917.  The KING has been pleased by Letters Patent under the Great Seal of the United Kingdom of Great Britain and Ireland, bearing date the 30th day of November, 1917, to declare that the children of any Sovereign of these Realms and the children of the sons of any such Sovereign and the eldest living son of the eldest son of the Prince of Wales shall have and at all times hold and enjoy the style, title or attribute of Royal Highness with their titular dignity of Prince or Princess prefixed to their respective Christian names or with their other titles of honour; and that the grandchildren of the sons of any such Sovereign in the direct male line (save only the eldest living son of the eldest son of the Prince of Wales) shall have and enjoy in all occasions the style and title enjoyed by the children of Dukes of these Our Realms.

And forasmuch as it has become expedient that the usage whereby the style, title or attribute of Royal Highness and of Prince or Princess shall be borne by other descendants of Our said Grandfather of blessed memory shall cease, We do hereby further declare that the said styles, titles or attributes shall not henceforth be borne by such descendants of Our said Grandfather save those above mentioned.

Legally, “Our said Grandfather” actually referred to Victoria (1819–1901; Queen of the UK 1837-1901) and what the proclamation did was revoke the practice from Victoria’s time where almost all male-line descendants of the monarch were styled as princes or princesses.  Some countries still operate on the Victorian basis and a particular example is Saudi Arabia, a nation where, under their interpretation of the Sharia, kings and princes may enjoy more than the four wives which is the accepted limit in most Islamic nations which permit polygyny.  The royal scions have thus proliferated and if one moves in certain exulted circles, apart from the odd waiter or hairdresser, it can be possible to go through life and never meet a Saudi who is not a prince or princess.  In Saudi, for many reasons, it would be difficult to change the system but in Demark there recently was a cull of princes and princesses (the titles that is) with those who didn’t make the cut reverting to being count and countess of this and that.  For almost a century the 1917 Letters Patent remained the convention followed but  on 31 December 2012, Elizabeth II (1926-2022; Queen of the UK and other places, 1952-2022) issued letters patent extending both HRH and Prince or Princess status to all the children of the eldest son of the Prince of Wales:

Whitehall, 31st December, 2012.  The QUEEN has been pleased by Letters Patent under the Great Seal of the Realm dated the 31st day of December 2012 to declare that all the children of the eldest son of The Prince of Wales should have and enjoy the style, title and attribute of Royal Highness with the titular dignity of Prince or Princess prefixed to their Christian names or with such other titles of honour.

What that achieved was a bit of “title creep”.  Under the George V rule, only the eldest living son of the eldest son of the Prince of Wales would have been styled a prince; younger siblings would not have been princes or princesses but rather Lord or Lady Mountbatten-Windsor.  What Elizabeth II’s 2012 Letters Patent did was equalize things so all the children of the eldest son of the Prince of Wales would be both HRH and princes or princesses; it’s a thoughtful great-grandmother who thinks of a way to avoid sibling rivalry.  There have since been no further general amendments to the 1917 convention although the royal prerogative has been used to grant or remove titles individually, such the letters patent issued granting the titles prince & princess to the Duke of Sussex’s children.

Windsor Castle, September, 2025.

The UK government's state banquet in honor of the visiting Donald Trump (b 1946; US president 2017-2021 and since 2025), hosted in Windsor Castle in September 2025.  Where one sits on the UK's order of precedence will influence (1) whether one is invited and (2) whether one gets a "good" seat.  Among US presidents, Mr Trump's second state visit was unprecedented.

So, titles and styles are quite a thing in royal families because they operate as a pecking order atop a pecking order.  Despite the frequency with which the claim is made, the British royal family is not wholly averse to change and one change they would be welcome would be things going back to how they were done decades or centuries ago: In 1938, George VI (1895–1952; King of the United Kingdom 1936-1952), being driven through Surry in the company of a US journalist, gestured through the window towards Runnymede, telling his companion: “That’s where the troubles started”.  For the institution of the monarchy, there have since 1215 been many troubles, some quite serious but apart for a brief, aberrant, republican interlude, one royal household or another has remained in place, challenges dealt with as they’ve arisen.  For the royal family, the matter of “the Andrew problem” is not so much what he’s alleged to have done (which could have been handled with the odd wry smile and otherwise never spoken of) but the ghastliness of it becoming public knowledge among “the common people”.  The attraction of “fixing things” by the use of letters patent is it’s quick and (it’s hoped) will mean “the Andrew problem” doesn’t end up being discussed in the House of Commons.  That would be bad enough but once such things start they can get out of hand and if one matter about the royal family is being discussed in parliament, there’s no guarantee it wouldn’t lead to other aspects being questioned.  There are many things about the royal family and their place in the UK’s constitutional apparatus which they’d prefer not be discussed and certainly not in the House of Commons.  As a tactic, the letters patent may well keep the commoners in the Commons at bay but Mr Mountbatten Windsor’s life may yet get worse because various institutions in the US are interested in questioning him in relation to alleged offences committed on US soil and an extradition request is not impossible.

Wednesday, December 6, 2023

Ostrobogulous

Ostrobogulous (pronounced os-truh-bog-yuh-luhs or os-truh-bawg-yuh-luhs)

(1) Something (slightly or tending towards) the risqué or indecent.

(2) Something bizarre, interesting, or unusual.

Circa 1910s: The word was coined by the writer Victor Neuburg (1883–1940), a model of English eccentricity who was Jewish, bisexual and an occasionally intimate associate of the notorious occultist Aleister Crowley (1875–1947) with whom he shared several interests and proclivities.  Neuburg & Crowley travelled near and far to collaborate on many things but the best remembered (and still much celebrated in the cult which to this day surrounds the memory of Crowley) was the blending of occult rituals and certain sexual practices which was systematized as “Sex Magick”, a combination which has been a notable part of many sects and cults since.  Arthur Calder-Marshall (1908–1992) was an author (one with a remarkable eclectic oeuvre) acquainted with both and in one of his memoirs (Magic my Youth (1951) he recalled “Ostrobogulous was Vickybird’s (Victor Neuburg) favourite word. It stood for anything from the bawdy to the slightly off-colour. Any double entendre that might otherwise have escaped his audience was prefaced by, ‘if you will pardon the ostrobogulosity’”.  Ostrobogulous is an adjective, ostrobogulation & ostrobogulosity are nous and ostrobogulously is an adverb; the noun plural is ostrobogulations.

Neuburg claimed ostrobogulous was a most irregular formation, the construct being the Ancient Greek ostro (something rich) + the English bog (in the sense of “dirt” from the schoolboy slang sense of “the toilet”) + the Latin suffix ulus (full of), the literal translation thus “full of rich dirt”.  The Latin suffix -ulus was from the Proto-Italic -elos, from the primitive Indo-European -elós, thematized from -lós; it was cognate with the Proto-Germanic -ilaz & -ulaz and used to form (1) a diminutive of a noun, indicating small size or youth, (2) a diminutive of an adjective with diminished effect (denoting “somewhat” or “-ish”) and (3) an adjective from a verb.  The Oxford English Dictionary (OED) rejected that, claiming the first element was from the Greek adjective oestrous (oyster), from the Latin ostrea, from Ancient Greek ὄστρεον (óstreon) (all related to the Modern English oyster).  Neuburg however ignored the professional lexicographers and decided he was as qualified to determine Classical etymology as he was to coin novel Modern English forms and noted the Greek word ostreon which was a type of mollusc was harvested to obtain a rare and expensive purple dye, hence he decided that figuratively, it meant “something rich”.  In that he was on sound historic ground; what was known as Tyrian purple (also shellfish purple) was for long periods the most expensive substance in Antiquity, often (by weight) three times the value of gold, the exchange rate set by a Roman edict issued in 301 AD.

Upon release, I Know Who Killed Me (2007) received generally bad reviews (it was at one point a popular inclusion on “worst movie ever” lists) but there’s since been a reappraisal by some and the film now has a cult following and appears with some frequency in “midnight screenings”.  Those searching for an adjective to describe I Know Who Killed Me might find ostrobogulous suitable because it leave the viewer free to decide which of its two meanings they prefer.  

However tangled might be the etymology, there’s no doubt Newburg coined ostrobogulous to mean “something (slightly or tending towards) the risqué or indecent” yet by the 1960s it was recorded being used by respectable middle-class folk to mean “something weird, strange, bizarre unusual’ without any hint of indecency; the sense rather of the “harmlessly mischievous”.  Quite how that happened isn’t known but it is an example of the meaning shifts and re-purposing common in English.  Now, it’s only artificially common in that it’s one of those curiosities which are a fixture of lists of strange and obscure words, a lexicographical fetish which has flourished since the advent of the internet.

Wednesday, April 6, 2022

Flummery & Pabulum

Flummery (pronounced fluhm-uh-ree)

(1) Oatmeal or flour boiled with water until thick (historically, a slightly tart, jelly-like food of Welsh origin, made from extensively boiling oats, then boiling down the liquid extracted from it).

(2) A fruit custard or blancmange,  any of several bland, gelatinous foodstuffs, made usually from stewed fruit and thickened with oatmeal, cornstarch or flour.

(3) In speech or writing, complete nonsense; foolish humbug; words devoid of meaning (applied especially of flattery); deceptive or blustering speech (applied especially in politics and, as an interjection, an expression of contemptuous disbelief).

(4) Pretentious trappings, useless embellishments or ornaments intended to impress (applied to architecture, interior decorating, fashion etc).

1623: From the Welsh llymru (which was assimilated into English with an –ery ending) of uncertain origin but there may be some link with llymrig (slippery).  The figurative use to describe flattery or empty, meaningless talk, is from the 1740s.  Flummery is a noun; the noun plural is flummeries.

The Welsh llymru was “a jelly derived from oatmeal”, the name first noted in English poet Gervase Markham's (circa 1568–1637) Countrey Contentments (1623) and was known also as wash-brew although in Lancashire and Cheshire, it was called flamerie or flumerie.  The modern spelling was one of the variant forms which in the seventeenth and eighteenth centuries also included thlummery and flamery.  By the nineteenth century, flummery had become the standard form, both to describe bland, unsatisfying food and unsubstantial talk or writing, and nonsense.  The US food with similar meanings is Mead Johnson's pablum, a soft, bland cereal, intended for infants, invalids and the weak.  In post-war Australia, a flummery was the name given to a mousse dessert made with beaten evaporated milk, sugar, and gelatine.  Also made using jelly crystals, mousse flummery became popular as an inexpensive alternative to traditional cream-based mousse.  In the US, it was named blancmange.

Pabulum (pronounced pab-yuh-luhm)

(1) Something that nourishes an animal or vegetable organism; food; nutriments.

(2) Figuratively, food for thought (can be neutral or positive but is more commonly used of material thought bland, dull or intellectually undemanding). 

(3) Material that fuels a fire (now rare except in technical documents).

1670-1680: From the Classical Latin pābulum (food, nourishment; fodder or pasture for animals; nourishment for the mind, food for thought), the construct being (scō) (to nourish) + bulum (the suffix denoting an instrument).  Root was the primitive Indo-European peh-dlom, the construct being pe- (to feed) or peh- (to protect; to shepherd) + -dlom (a variant of -trom (the suffix denoting a tool or instrument)).  In the early eighteenth century the adjective pabulary (of or pertaining to pabulum (in the sense of food) and from the Latin pabulosus (abounding in fodder)) enjoyed a brief vogue as a noun (an eating place or a counter in an inn from which meals were served).  Pablum is a noun, pabular is a verb, pabulous, pabular & pabulary are adjectives; the noun plural is pabulums.

Crooked Spiro & Tricky Dick: Spiro Agnew and Richard Nixon.

The word in the late seventeenth century was used of food in the widest sense (ie that which feeds or nourishes) and that applied to that taken by people, animals, agricultural crops (in the sense of fertilizer) and even the material used to fuel a fire.  A trademark of manufacturers Mead Johnson, Pablum is a soft, bland cereal, intended for infants, invalids and the weak which was released in 1932 and it was this association which was picked up in the figurative use made of pabulum (to describe vapid or mushy political prose) in a speech made on 11 September 1970 by Spiro Agnew (1918–1996; US vice president 1969-1973).  The tone of the speech (though perhaps not the labored syntax which would be rejected as TLDR (too long, didn’t read) in the social media age) would be familiar to modern audiences used to political figures attacking the news media and was a critique of what later Republicans would label “fake news”.

In the United States today, we have more than our share of the nattering nabobs of negativism.  They have formed their own 4-H Club - the “hopeless, hysterical hypochondriacs of history”  “…As long as they have their own association, crooks will flourish.  As long as they have their own television networks, paid for by their own advertisers, they will continue to have their own commentators.  It is time for America to quit catering to the pabulum peddlers and the permissive.  It is time to speak up forcefully for the conservative cause."

It wasn’t a new complaint for the aggressively alliterative Agnew and certainly represented well the opinions of Richard Nixon (1913–1994; US president 1969-1974) whose long list (and it was literally a list) of enemies included many journalists, editors and media proprietors.  In November 1969, Agnew had appeared at the Midwestern Regional Republican Conference in Des Moines, Iowa where he attacked “…this little group of men” who he accused of wielding “a free hand in selecting, presenting and interpreting” the news.  Intellectuals, he labeled “…an effete corps of impudent snobs”, a sentiment Donald Trump (b 1946; US president 2017-2021) would later recycle, the phraseology simplified so his “deplorables” would comprehend.  Agnew’s speeches are not classics in the art of rhetoric but remain landmarks in the culture wars which began in the early 1960s and which are being fought still.

Concurrent with though not related to the Watergate affair, in early 1973, Agnew was under investigation on suspicion of conspiracy, bribery, extortion and tax fraud.  While for months denying everything (always good legal advice which succeeds more often than it should), Agnew eventually was forced to negotiate a plea-bargain whereby he would resign from office but avoid jail.  On 10 October 1973, Agnew pleaded no contest to a single felony charge of tax evasion and resigned, not a few of those he’d earlier derided as “crooks” not reluctant to ensure the juxtaposition was well publicized.  Facing impeachment for his role in the Watergate affair cover-up, President Nixon (who earlier had made his soon infamous “I am not a crook” speech, followed within a year, saved from prosecution by a presidential pardon, granted by Gerald Ford (1913–2006; US president 1974-1977) who had been Nixon’s choice to replace Agnew as vice-president.

Lemon, Orange & Passionfruit Flummery

Ingredients

115g (½ cup) caster sugar

2 tablespoons plain flour

1 tablespoon powdered gelatine

250ml (1 cup) water

2 oranges, juiced & strained

1 lemon, juiced & strained

125ml (½ cup) fresh passionfruit pulp

Whipped cream, to serve

2 tablespoons passionfruit pulp, (extra, to spread on top)

Method

(1) Place the sugar, flour, gelatine, water, orange juice and lemon juice in a medium saucepan. Use a balloon whisk to whisk until well combined. Bring to the boil over medium heat, stirring constantly. Simmer for 2 minutes.

(2) Pour the mixture into a heatproof bowl and place in the fridge for 1 hour or until the mixture begins to set around the edges. Stir in the passionfruit and transfer to a large bowl. Use an electric beater to beat for 15 minutes or until the mixture is thick and pale.

(3) Pour the mixture evenly into four 310ml (1¼ cups) serving glasses. Cover the glass tightly with plastic wrap and place in the fridge for 1-2 hours or until the mixture is set.

(4) Serve topped with whipped cream and with extra passionfruit pulp.