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About Ellen Hawley

Fiction writer and blogger, living in Cornwall.

The British legal profession and its wigs

Retirementally Challenged wants to know why British lawyers wear wigs in court. Her exact question involved the words “stupid white-haired wigs.”

Since I am (a) not a lawyer, (b) not, at least at the moment, a defendant, and (c) a galvanized rather than born-and-raised Brit, I’m the obvious person to answer this question.

In case you’ve never been in a British court and haven’t watched the right mix of TV shows, I should stop to tell you that in at least some courts British lawyers and judges both wear the most bizarre white wigs you’re likely to find outside (or inside, now that I stop to think about it) of a costume shop. They stand up in court looking as if some evil-haired little white critter had curled up on their heads and died there, and not one of them gets the giggles. You’d think one look at each other and they’d go to pieces.

North Cornwall.

Vaguely related photo: A neighbor’s holly makes a break for freedom.

My first-hand experience with the wigs is limited. When Wild Thing and I had to were told to leave Britain and had to appeal, the hearing was what our barrister called informal, which meant wigless. Informal or not, it was still pretty intimidating.

The only other brush I had with wigs was when we were buying our house. Our solicitor (that’s the wigless half of the legal profession, which comes in two flavors in the U.K.) was tolerant enough to keep working with us even though Wild Thing regularly announced that as long as we were doing legal business she wanted to see the wig. (When he told us about stamp tax on the house, she reminded him that we’d fought a revolution over that. We still had to pay, but I was tempted to throw a teabag in the Bude harbor as a sort of memorial protest.

According to the humorless government web site on the subject of legal wigs (yes, folks, someone felt it necessary to create one), what a High Court judge wears was established by the time of Edward III (1327-1377). King Eddie gave the judges the material for their robes, and the style was based on what was worn in the king’s (as opposed to the judges’) court at the time.

In 1635, what judges wore wasn’t changed but it was codified, because—be serious, can’t you?—it was painfully important to get it all right. After that, the standard uniform changed in various and boring ways at various and unimportant times.

How interesting, you say, suppressing a yawn, but what about the wigs?

They were introduced during the reign of Charles II (1660-1685), who wasn’t called Charles the Vain but could have been. The judges took some convincing before they all agreed to wear them, but eventually they caved. I mean challenging the king of a topic of that much importance? That’s risky.

By the reign of George III (1760-1820), wigs were going out of style but still had to be worn by bishops, coachmen, and the legal profession. Now that, friends, is a bizarre combination of professions, and I can’t tell you who enforced the rule, but I do wonder.

Bishops eventually got permission (from who? I dunno) to stop wearing them. Then coaches met the internal combustion engine, and if coachmen hadn’t already gotten permission to burn their wigs it all became irrelevant because the profession disappeared. I’ve been a cab driver, which is close enough to a coachman, and you can trust me on this: You won’t find many cab drivers wearing white wigs.

And those short, curled wiglets that judges and barristers wear today—the ones that don’t cover all their hair? (A barrister, by the way, is the other half of the legal profession—the half that appears in court.) They were adopted around the 1780s “for civil trials” and probably felt like a liberation from the full-scale wigs that came before them. Today, the full wig is only used on ceremonial occasions, of which—this being Britain—there are probably many.

Barrister Harry Mount reports that the wigs are “Itchy, ludicrously expensive and dirty—barristers hold on to the same one for their whole career—they’re also extremely hot.”

But eliminating them entirely? Not going to happen. Civilization in the questionable form in which we know it would come to a crashing end.

So there you have it: the history of the legal wig. What else would you like to know, either about Britain or the U.S.? I’ll answer any question that tickles my fancy, regardless of how unqualified I am.

Easter candy in the U.S. and U.K.: Special late edition

Our friend J., having read my post about Easter candy, sent us some from the U.S. Her cover note said to read the back of the Peeps package because it might inspire me.

“What’s a Peep?” you ask if you’re not from the U.S. It’s sugar, corn syrup, gelatin, yellow #5 (tartrazine), potassium sorbate (a preservative), natural [unspecified and I’d say hard to detect] flavors, and carnauba wax. Yum. They’re gluten free and fat free and shaped (if you have a bit of imagination) like a chick that came into existence by being spat from a spout. Each chick contains 28 calories. That’s 140 calories per serving, because, as an essential part of a balanced diet, serving size has been scientifically determined.

North Cornwall. Thatched cottage.

Irrelevant photo: Thatched cottage with gorse and may in bloom.

The text on the cover claims they’re marshmallow, but they taste like nothing that originated on planet Earth.

No, I’m going to backtrack on that, because I think carnauba wax is used on cars. On planet Earth. So if you’ve ever used your tongue to wax the car, the taste will be familiar. That means, all you Peep Corporation lawyers out there, that I retract my statement about planet Earth. Don’t sue. Please.

The text on the back of the package says that opening it “opens a world of possibilities! [Oh, the thrill implied by that exclamation mark. I’m so carried away I’ll add one of my own: !] From creative crafting and imaginative artwork, to delicious recipes and more, let the fun begin!” And I feel compelled to tell you that the repetitious use of open is theirs. They were aiming for one of those rhythmic poetic thingies. Isn’t it wondrous, the uses writing techniques can be put to?

So basically, what they’re saying here is that these things last forever and therefore can be used in any form of artwork. The Mona Lisa in Peeps? Why not? A Peep perched Thinker-like on the toilet? Sure! More exclamation marks? You got ‘em!

When I worked for a writers organization in Minnesota, one (or possibly two) of my illustrious co-workers impaled a Peep on the bathroom ceiling, where it remained for months without changing in any noticeable way. I’m not sure whether that was craft or art (it gets tricky sometimes, that art/craft question), but I do know the Peep didn’t rot or stretch or draw ants or roaches or anything else that would normally be drawn to food. Those insects? They know stuff. We could learn from them.

I have a bit more trouble with the delicious recipes the text promises. Peep pie? I don’t know what happens to them in the presence of heat. I’m not sure what happens to them, in fact, when they’re eaten. They appear to be indestructible. Do they pass through us whole or does the digestive system work its magic, even on Peeps?

Dedicated as I am to this blog, and to exploring every last aspect of the cultures of the U.S. and Britain, I draw the line at offering myself as a test subject. But I do, once again, wish those of you who celebrate it a happy Easter and those of you who don’t a happy non-Easter. To those of you who love Peeps, I offer my apologies. Our package has been promised to an American Peep-lover in the village, and she’s thrilled by the prospect of all those exclamation marks landing in her house.

And finally, to J. I send my profound thanks. For both the candy and the suggestion. I wouldn’t have thought to turn the package over and read it if you hadn’t told me to.

A very British form of protest

Someone was recently convicted of disrupting prime minister’s question time—called PMQ by those in the know—by throwing marbles in the general direction of the MPs. (“Marble-throwing PMQs protestor gets suspended prison sentence”)

No, that’s not the part that strikes me as particularly British. We’ll get to that.  But before we do, I should explain that it takes an expert to tell when someone disrupts PMQ, because the MPs bray at and heckle and bully each other like a classroomful of twelve-year-old boys whose teacher stepped out for a smoke a month ago and still hasn’t come back. (My writers group, whose members are an invaluable and giddy guide to all things British, advises me that the MPs sound like public school boys, which if you’re American means private school boys, because public schools here are private, but that’s too much confusion for one post. Let’s thank them politely and not get into it here.) All that braying and harassing are politics as usual. The reason this guy stood out was because he was in the visitors’ area.

And, yeah, the marbles. I admit that.

Plus his language. The MPs are allowed (even expected) to be horrible to each other, but their language has to be pristine.

Blackthorn in bloom on the North Cornish coast

Irrelevant photo: Blackthorn in bloom.

What kind of language did the protester use? That’s in dispute. The prosecutor claimed he stood up and said, “I’m sorry about this, ladies and gentlemen. You fucking wankers, you’re just liars.” But the protester, who as far as I can figure out had already pled guilty, interrupted, shouting, “Can I just say, for the record, I didn’t call anyone fucking wankers. I called them dishonourable bastards.”

That “dishonourable”? That’s British. The next person who interrupts the American House or Senate will not, I guarantee, use the word dishonorable, even though I switched to the American spelling to make it a fraction of a percent of a probability more plausible.

The “I’m sorry about this, ladies and gentlemen”? That’s also British.

I’m still not sure what our protester was protesting. According to the article, he has (as the current phrase puts it) mental health problems and felt his life was wasting away. In response, I’m sure the government will make more speeches about putting mental health on a par with physical health and keep on underfunding both.

They’d outlaw marbles but Parliament’s dissolved until the election.

Department of Futile Exercises: Summing up the U.K. and the U.S.

Recently, a teachers’ conference objected to the government’s drive to teach British values in the schools, saying it was becoming “the source of wider conflict rather than a means of resolving it.” (“Teachers urged to ‘disengage’ from promotion of British values”)

I’ve been hearing about British values since I first came to this country, and I always wonder what they are. Standing in orderly lines? Forming brass bands? Not using sunscreen on the beach, even though you’re light-skinned and have already turned an alarming shade of pink? It’s a heavy responsibility, settling on a handful of characteristics to sum up an entire nation.

Irrelevant photo: The coast on the same hazy day as the last waves-in-the-haze picture I posted. The haze was caused by a sandstorm in the Sahara.

What did the Department for (not of, thank you very much*) Education decide were the ultimate British values when they pushed the nation’s protesting teachers under the wheels of this particular train? “Democracy, the rule of law, individual liberty, and mutual respect and tolerance for those of different faiths and beliefs.” (“Schools ‘must actively promote British values’ – DfE”)

Don’t you just love a politician who can say stuff like that with a straight face? Because, of course, no other country in this battered old world can lay claim to those ideals. If you’re startled awake some night and hear that set of values marching down the street behind a brass band, you’ll know right away what country you woke up in.

Any discussion of British values is complicated by a central reality of Britain, which is that the country’s a mash-up of four (or five, if you’re a Cornish nationalist) nations**, and the people most likely to call themselves British seem to be those of us who aren’t English, Scottish, Northern Irish, or Welsh. Or Cornish. In other words, those of us who came from someplace else. Those of us whose children the Department for Education is worried about Britishizing.

As far as I can tell, summing up either a country or its values is a messy business, whatever country you pick. When I still lived in the U.S., I taught briefly in a community college, and we’d read an essay by an immigrant that made a passing reference to, if I remember right, “being more like an American.”

“What,” I asked, on the spur of the moment, “does it mean when you say someone’s like an American?”

It wasn’t a question I had an answer for, and as it turned out no one else did either. The class broke into small groups, and a couple of them set about finding some essential trait that would separate the Americans from the non-Americans, but pretty much everything people suggested fell apart. Being born in the country? Nope. You could still become a citizen, and a citizen was an American. Being a citizen, then? Well, legally, yes, but some non-citizens are as culturally American (whatever that means) as any citizen. One small group, pushed, I think, by a single enthusiast, decided that speaking English was a dividing line, but the other groups didn’t jump in to endorse that. Personally, I’m all for speaking the language of a country you live in (British and American expats in non-English-speaking countries, are you taking notes?), but not every immigrant can learn a new language. My great-grandmother never did, even though the price she paid was not being able to talk freely with her grandchildren. It wasn’t lack of motivation. She wasn’t young when she immigrated and she couldn’t make the adjustment. Maybe she wasn’t good with languages. Maybe she was terrified. I don’t know.

No one, including me, thought to mention that other countries speak English and it hasn’t made them particularly American. In fact, some countries—mentioning no names—think they speak it better than we do. And then there are the Puerto Ricans. They’re U.S. citizens by birth. If some of them speak only Spanish, either by choice or because it’s their only language, are they any less American?

I won’t go on. We couldn’t say what being American meant, although we all thought we knew.

So, British values? Sorry, folks, but I’m not hopeful. I will, however, have a hell of a good time listening to the debate as it staggers on.

 

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*My spies tell me it used to be the Department of Education, but the name was changed at some point. I’m sure the education system is better because of it.

**I owe the insight about the U.K. being a country of four (or five) nations to my writers group. The United Kingdom looks a whole lot more united from the other side of the Atlantic. In fact, Scotland came very close to leaving in 2014. Somebody tell me: Did that get any coverage in the U.S.?

Class and power in rural Cornwall

I was listening to the radio a while ago (Radio 4, a BBC station, has some great shows, along with some deeply strange ones) and someone said in passing that in the U.S. class is all about money. And I stopped mid-stir (I listen to the radio either in the car or when I’m cooking) and thought, Well, what else would it be about?

Why, heritage, of course. Generations of titles and inbreeding and self-congratulatory silliness. The system’s antiquated and doesn’t match the realities of power anymore, but it’s still creaking around the room on its arthritic legs and interrupting the conversation with irrelevant and embarrassing observations every chance it gets. An aristocratic family may have given its grand house to the National Trust because it couldn’t afford the upkeep, it may have sold it to a celebrity or some foreign oligarch, or it may have kept the place and opened part of it for the riffraff to wander through and gawp at (or as much of the riffraff as can afford the entrance fees, which range from the predictable to the exorbitant), but by god it still has a name and thinks it matters.  (We all have names, I remind myself, but they’ll be happy to tell you that they really have names. The rest of us just have a bunch of sounds for other people to call us by. And in my case, the family name has changed a few times, so that says something about how important we thought it was.)

North Cornwall's coast

Irrelevant photo: The cliffs on a hazy day.

But even in Britain, class isn’t all about heritage anymore. Pick any village and someone’s likely to think they’re the lord or lady of the manor. It’s possible that their ancestors once were, but it’s equally (or maybe even more) likely, at least in our part of the country, that they moved down from London a few years ago, bringing a pile of money made doing who knows what, and now that they’ve bought a big house in a small village it’s all gone straight to their head. They throw their weight around in village events and committees, half expecting to recreate the days when Lord Hooha’s word was law. But whether or not they actually are Lord Hooha, it’s not the nineteenth century, never mind the middle ages. Sometimes they get away with it but often they don’t. Either way, the rest of us are torn between annoyance and mockery.

British and American English: The Easter update

The Methodist Church in our village has its annual egg roll at this time of year, and you need to understand that this is an event, not something to eat. If it was something to eat and if we were speaking British, it would be an egg on a roll. If we were speaking American, it would be a deep-fried appetizer from a Chinese restaurant—what the British call a spring roll. But no, this is more along the lines of the Gloucester Cheese Roll, only without insanely steep hill and the ambulances. And the cheese. It’s a bunch of kids rolling eggs down a hill. The one who reaches the bottom first (or at all, since chickens never designed their eggs for racing) wins. I’m not sure what the prize is. A deep-fried appetizer from a Chinese restaurant? An egg sandwich? A chocolate bunny?

I’ve never gone to the event, but I was specifically invited the year A. was a judge. Unfortunately, I got sick and stayed home, and that left me free to imagine it any way I want. What I imagine is that Easter in Britain is about rolling an egg down a hill.

Irrelevant photo: A tiny waterfall. Looking at this, you can almost believe the legends of fairies and little people.

Irrelevant photo: A tiny waterfall. Looking at this, you can almost believe the legends of fairies and little people.

In its more commercial form, Easter’s also about chocolate eggs, and these are massive things—not American football size, but moving in that direction. All your childhood dreams of greed, shaped like an egg. The Guardian (that’s a newspaper, in case you need to know) likes to compare the prices and qualities of different brands of food, and this year’s chocolate Easter egg comparison shows that some of them get into silly money territory. Hotel Chocolat? £27, and it’s filled with smaller chocolates.Harrods? £29.95. The paper recommends that one for Russian oligarchs, who aren’t known for their sense of humor so let’s assume the paper’s not making fun of them, and for safety’s sake neither am I. Marks & Spencer has one for £40 and that kind of money buys it its very own link. (FYI: Links here are not for sale unless I’m making fun of something at the other end, in which case no one’s likely to offer me money. I am so pure I’m almost invisible.) M & S’s egg is a “giant golden lattice egg with a delicate show-stopping small egg perched inside. . . . Because they’re so special, we’ve only made 7,500 eggs, each one numbered on the presentation box for an extra touch of luxury.” And then you eat the sucker and it’s gone, leaving you with nothing but that numbered presentation box and a bunch of adjectives. Spend enough money and you get a lot of adjectives. The original copy had even more, but I’m still an editor at heart and just had to cut some. And in case you’re worried, the gold is edible. Which is another adjective but an important one The Guardian doesn’t specifically recommend this particular egg for Russian oligarchs. I’m not sure why.

Back in the land of the sane, you can find chocolate eggs in supermarkets for £5, or for £2.99.

And we still haven’t gotten to chocolate bunnies. I’ve seen these in two sizes: nestle in your palm size and coffee mug size. I brought a small one home from a grocery shopping trip and Wild Thing reports that they’re good.

In the U.S., you can’t make your way through a store in the weeks before Easter without tripping over egg-dying kits. Or—well, I assume that’s still true. It’s been a long time since I’ve been around, never mind at Easter. In Britain, though, making Easter eggs from actual eggs don’t seem to be a big thing.

And this seems to be a leap, but it’s not: When I first started to write fiction, I wrote a transparently autobiographical story about my Jewish atheist family that included the sentence, “We celebrated Easter.”

My father read it.

“We never celebrated Easter,” he said.

I think that, in his quiet way he was scandalized. He was also, in my opinion, wrong.

It’s true that we didn’t celebrate it in a religious way. But we dyed eggs every year, and found people to give them to (who may have wondered about them but were kind enough not to ask). My brother and I woke up to Easter baskets—jellybeans, a chocolate rabbit (in my memory, they were huge), a panorama egg with a sugar shell and little cut-out figures inside, small chocolate eggs in foil wrappers, all of them nestled in fake grass.

Give a kid candy like that and she’ll think it’s a celebration. Add dyed eggs and, yes, you have a holiday. Sorry, Dad.

It didn’t turn me religious, but it did leave me with a fondness for chocolate bunnies, even though I don’t eat them anymore. I worked in a candy factory when I was in my twenties, and it left me immune to candy’s lures. The one exception is good, and very plain, dark chocolate. But I do like to see chocolate bunnies in their gorgeous foil wrappers.

I can even get sentimental about jellybeans. They never did taste good, but I ate them anyway. Like Everest, they were there. How could I not?

So if you celebrate Easter, happy Easter. And if you don’t, I can still recommend the chocolate bunnies. They don’t care what you believe.

With apologies…

With apologies to everyone who’s already seen it, this is a link to “The British countryside and Winnie the Pooh,” because in a naive effort to make my blog more visible I wiped it off the face of the blogosphere for a day or so, and it’s only gradually fading back into view, so some of you got an email about it and some of you didn’t.

You can’t fade into view. But we don’t quite have a word for that. Think of the Cheshire Cat’s reappearances. Or don’t. It’s not important. And if you’ve already seen the post, this post isn’t important either. If you haven’t, it still isn’t important except as a way to get back in touch.

Remind me never to improve my blog, okay?

 

The British countryside and Winnie the Pooh

Nothing reminds me that I’m living in the British countryside quite the way crossing a ford does.

I know. Fords have been around ever since people and small rivers were first introduced, but even so the fords in our village make me think I live in Pooh Corners. And for the record, no, I’m not sure there were any fords in Winnie the Pooh, but there was a stream and—well, I don’t want to pretend I’m being reasonable about this. What I’m remembering, I think, is one of the illustrations, about measuring the height of a stream during a flood.

Funny what sticks with you from your childhood.

North Cornwall's coast

Irrelevant photo: North Cornwall’s coast on a hazy day

This all goes to show you what a New Yorker I am. New York City doesn’t do fords. In fact, it doesn’t do streams. As far as I know, many years before I was born, someone (or more accurately, some many) maneuvered all of New York’s streams into pipes and then paved them over. The city does have three big honkin’ rivers (or two, or maybe one, depending on what you count as a river and what you count as a straight), and that’s plenty, thanks.

When you grow up with pavement, not having streams seems natural. So much so that I used to wonder where streams came from. Not where rivers came from. They came from upstream, as any fool could see. In case you need further proof of how attuned I was to the natural world, I once looked into a huge hole in the street and was surprised to see earth and rock under the pavement. I don’t know what I expected, but scaffolding probably wouldn’t have surprised me. So living in Cornwall not only with streams but with fords? That’s exotic.

Wild Thing grew up in Texas, and her family used to spend time in Colorado. She swears that when they came to a ford and the river looked higher than usual, her parents would have her wade across to make sure it was safe for the car. She never got washed away, so I’m guessing these weren’t raging torrents. Her parents weren’t reckless or neglectful, but it’s also true that they never stopped her from exploring abandoned mine shafts, so I don’t have the impression that they were over-protective either.

In fairness, she wouldn’t have told them she was exploring mine shafts, but a different set of parents might have asked. Or discussed. Or at least warned.

Whatever the pluses and minuses of their approach, she came out of it with an enviable gift for gauging the depth of a stream, and that’s something I don’t have. I understand three levels: low enough to wade; higher than the waterproof part of my shoes; and ask Wild Thing before taking the car across. The first two are reliable. The third? It’s helpful only if Wild Thing happens to be with me. So far I’ve managed not to get swept away, which is why I’m sitting here typing this. I’ve turned back only once, and I probably I didn’t need to, but I figured it was better to wonder than to be wrong.

Years ago, some government agency set up gauges beside the fords. These look like gigantic rulers and go from 1 at the bottom to You’re in Deep Shit at the top, although in my city-bred opinion you’re in trouble by the time the water reaches 1, because for the most part the gauges sit serenely above the normal flow and I’d turn back long before the water reached them, even though at most fords that means having to back a long way. I’m good at backing a car. I’m not good at estimating fords. Give me a choice and it’s pretty clear which I’ll take.

I’m not sure what the gauges are for, really. Maybe so that, Pooh-like, we can measure the depth of the stream for no better reason than to know if it’s still rising. The valleys here are sharp and narrow, so the rainfall spills into the streams quickly. In a heavy storm, a stream that’s normally a trickle can rise to a torrent, especially if the ground’s already saturated. It can fall just as quickly as it rises, and I suppose a gauge could keep you amused while that’s happening, although you might be smarter to go back to your nice warm kitchen and wait. You could also look for another route if you’re driving. If you’re walking, the fords have foot bridges, so you should be fine. If the water comes up over that, you’d be smart to get out of there instead of watching the gauge.

In my city-bred opinion.

*

And unrelated to that, Notes has now been updated, with a new theme that looks one hell of a lot like the old one but should work on phones. In addition to that, it was going to have all sorts of added Googlery that would tell me if a gnat flew past your screen while you were reading it, and which would also reach through atmosphere and hijack unsuspecting readers, launching my stats to astronomical levels, but the whole thing went wrong and instead my posts stopped reaching most of you. The ancient Greeks called it hubris. So the googlery’s disappeared, everything except the new, barely discernible new theme is back (I hope) to where it started, and I’m toning down my ambitions. Or looking for another way to channel them.

Thanks to the people who wrote to say they couldn’t click through to the “Trouble, trouble, trouble” post. It’s now reappeared (along with a great comment from Cats at the Bar) and I’ve lost another post, which was nothing but an attempt to update the people who couldn’t click through to “Trouble, trouble, trouble.”

Don’t worry about it.

If you have any trouble let me know. But if you get this, that probably means you’re not having any problems.

Arghh.

Trouble, trouble, trouble

I’m trying to upgrade the site. With luck, you won’t be able to see any difference, but it’ll work better. Upgrading is another word for “it may not be working the way it should.” Hang in there. I’ll have it up and working. Eventually. With the help of someone who knows what he’s doing, because I don’t.