Chapter 90 Heads or Tails

"De balena vero sufficit, si rex habeat caput, et regina caudam." BRACTON, L. 3, C. 3.

Latin from the books of the Laws of England, which taken along with the context, means, that of all whales captured by anybody on the coast of that land, the King, as Honorary Grand Harpooneer, must have the head, and the Queen be respectfully presented with the tail. A division which, in the whale, is much like halving¹ an apple; there is no intermediate remainder. Now as this law, under a modified form, is to this day in force in England; and as it offers in various respects a strange anomaly touching² the general law of Fast--and Loose-Fish, it is here treated of in a separate chapter, on the same courteous³ principle that prompts the English railways to be at the expense of a separate car, specially⁴ reserved for the accommodation of royalty⁵. In the first place, in curious proof of the fact that the above-mentioned law is still in force, I proceed to lay before you a circumstance-that happened within the last two years.

It seems that some honest mariners⁶ of Dover, or Sandwich, or some one of the Cinque Ports, had after a hard chase succeeded in killing⁷ and beaching a fine whale which they had originally descried⁸ afar off from the shore. Now the Cinque Ports are partially⁹ or somehow under the jurisdiction¹⁰ of a sort of policeman or beadle, called a Lord Warden¹¹. Holding the office directly from the crown, I believe, all the royal emoluments¹² incident to the Cinque Port territories become by assignment his. By some writers this office is called a sinecure¹³. But not so. Because the Lord Warden is busily employed at times in fobbing his perquisites¹⁴; which are his chiefly by virtue¹⁵ of that same fobbing of them.

Now when these poor sun-burnt mariners, bare-footed, and with their trowsers rolled high up on their eely¹⁶ legs, had wearily hauled their fat fish high and dry, promising¹⁷ themselves a good 150 pounds from the precious oil and bone; and in fantasy sipping¹⁸ rare tea with their wives, and good ale with their cronies, upon the strength of their respective shares; up steps a very learned and most Christian¹⁹ and charitable gentleman, with a copy of Blackstone under his arm; and laying it upon the whale's head, he says--"Hands off! this fish, my masters, is a Fast-Fish. I seize it as the Lord Warden's." Upon this the poor mariners in their respectful consternation--so truly English-- knowing not what to say, fall to vigorously scratching their heads all round; meanwhile ruefully glancing from the whale to the stranger. But that did in nowise mend the matter, or at all soften²⁰ the hard heart of the learned gentleman with the copy of Blackstone. At length one of them, after long scratching about for his ideas, made bold to speak,

"Please, sir, who is the Lord Warden?"

"The Duke."

"But the duke had nothing to do with taking this fish?"

"It is his."

"We have been at great trouble, and peril²¹, and some expense, and is all that to go to the Duke's benefit; we getting nothing at all for our pains but our blisters²²?"

"It is his."

"Is the Duke so very poor as to be forced to this desperate mode of getting a livelihood²³?"

"It is his."

"I thought to relieve my old bed-ridden mother by part of my share of this whale."

"It is his."

"Won't the Duke be content with a quarter or a half?"

"It is his."

In a word, the whale was seized and sold, and his Grace the Duke of Wellington received the money. Thinking that viewed in some particular lights, the case might by a bare possibility in some small degree be deemed, under the circumstances, a rather hard one, an honest clergyman of the town respectfully addressed a note to his Grace, begging him to take the case of those unfortunate mariners into full consideration. To which my Lord Duke in substance replied (both letters were published) that he had already done so, and received the money, and would be obliged to the reverend gentleman if for the future he (the reverend gentleman) would decline meddling²⁴ with other people's business. Is this the still militant²⁵ old man, standing²⁶ at the corners of the three kingdoms, on all hands coercing²⁷ alms of beggars?

It will readily be seen that in this case the alleged²⁸ right of the Duke to the whale was a delegated one from the Sovereign. We must needs inquire then on what principle the Sovereign is originally invested with that right. The law itself has already been set forth²⁹. But Plowdon gives us the reason for it. Says Plowdon, the whale so caught belongs to the King and Queen, "because of its superior excellence³⁰." And by the soundest commentators³¹ this has ever been held a cogent³² argument in such matters.

But why should the King have the head, and the Queen the tail? A reason for that, ye lawyers!

In his treatise³³ on "Queen-Gold," or Queen-pin-money, an old King's Bench author, one William Prynne, thus discourseth: "Ye tail is ye Queen's, that ye Queen's wardrobe may be supplied with ye whalebone." Now this was written at a time when the black limber bone of the Greenland or Right whale was largely used in ladies' bodices. But this same bone is not in the tail; it is in the head, which is a sad mistake for a sagacious lawyer like Prynne. But is the Queen a mermaid³⁴, to be presented with a tail? An allegorical meaning may lurk³⁵ here.

There are two royal fish so styled by the English law writers-- the whale and the sturgeon; both royal property under certain limitations, and nominally³⁶ supplying the tenth branch of the crown's ordinary revenue. I know not that any other author has hinted of the matter; but by inference it seems to me that the sturgeon must be divided in the same way as the whale, the King receiving the highly dense³⁷ and elastic³⁸ head peculiar³⁹ to that fish, which, symbolically⁴⁰ regarded, may possibly be humorously grounded upon some presumed congeniality. And thus there seems a reason in all things, even in law.

1 halving   

n.对分，二等分，减半[航空、航海]等分v.把…分成两半( halve的现在分词 )；把…减半；对分；平摊

参考例句：

• You searched those halving your salary cut your enthusiasm. 你呈现，薪水减半降低了你的任务热情。 来自互联网
• Halving the repeater spacing made it possible to quadruple the bandwidth. 把增音机间隔缩小一半，就能使带宽增加三倍。 来自互联网

2 touching   

adj.动人的，使人感伤的

参考例句：

• It was a touching sight.这是一幅动人的景象。
• His letter was touching.他的信很感人。

3 courteous   

adj.彬彬有礼的，客气的

参考例句：

• Although she often disagreed with me,she was always courteous.尽管她常常和我意见不一，但她总是很谦恭有礼。
• He was a kind and courteous man.他为人友善，而且彬彬有礼。

4 specially   

adv.特定地；特殊地；明确地

参考例句：

• They are specially packaged so that they stack easily.它们经过特别包装以便于堆放。
• The machine was designed specially for demolishing old buildings.这种机器是专为拆毁旧楼房而设计的。

5 royalty   

n.皇家，皇族

参考例句：

• She claims to be descended from royalty.她声称她是皇室后裔。
• I waited on tables，and even catered to royalty at the Royal Albert Hall.我做过服务生， 甚至在皇家阿伯特大厅侍奉过皇室的人。

6 mariners   

海员，水手（mariner的复数形式）

参考例句：

• Mariners were also able to fix their latitude by using an instrument called astrolabe. 海员们还可使用星盘这种仪器确定纬度。
• The ancient mariners traversed the sea. 古代的海员漂洋过海。

7 killing   

n.巨额利润；突然赚大钱，发大财

参考例句：

• Investors are set to make a killing from the sell-off.投资者准备清仓以便大赚一笔。
• Last week my brother made a killing on Wall Street.上个周我兄弟在华尔街赚了一大笔。

8 descried   

adj.被注意到的，被发现的，被看到的

参考例句：

• He descried an island far away on the horizon. 他看到遥远的地平线上有个岛屿。 来自《简明英汉词典》
• At length we descried a light and a roof. 终于，我们远远看见了一点灯光，一所孤舍。 来自辞典例句

9 partially   

adv.部分地，从某些方面讲

参考例句：

• The door was partially concealed by the drapes.门有一部分被门帘遮住了。
• The police managed to restore calm and the curfew was partially lifted.警方设法恢复了平静，宵禁部分解除。

10 jurisdiction   

n.司法权，审判权，管辖权，控制权

参考例句：

• It doesn't lie within my jurisdiction to set you free.我无权将你释放。
• Changzhou is under the jurisdiction of Jiangsu Province.常州隶属江苏省。

11 warden   

n.监察员，监狱长，看守人，监护人

参考例句：

• He is the warden of an old people's home.他是一家养老院的管理员。
• The warden of the prison signed the release.监狱长签发释放令。

12 emoluments   

n.报酬，薪水( emolument的名词复数 )

参考例句：

• The emoluments of this profession is not satisfactory. 此行业的报酬不令人满意。 来自辞典例句
• Emoluments connected with this position include free education for the children. 与这职务有关的酬劳包括为子女提供免费教育。 来自互联网

13 sinecure   

n.闲差事，挂名职务

参考例句：

• She found him an exalted sinecure as a Fellow of the Library of Congress.她给他找了一个级别很高的闲职：国会图书馆研究员。
• He even had a job,a sinecure,more highly-paid than his old job had been.他甚至还有一个工作，一个挂名差使，比他原来的工作的待遇要好多了。

14 perquisites   

n.（工资以外的）财务补贴( perquisite的名词复数 )；额外收入；（随职位而得到的）好处；利益

参考例句：

• She gets various perquisites in addition to her wages. 她工资以外，还有各种津贴。 来自《简明英汉词典》
• They are rewarded in pay,power and perquisites. 作为报偿，他们得到了钱、权力和额外收益。 来自《简明英汉词典》

15 virtue   

n.德行，美德；贞操；优点；功效，效力

参考例句：

• He was considered to be a paragon of virtue.他被认为是品德尽善尽美的典范。
• You need to decorate your mind with virtue.你应该用德行美化心灵。

16 eely   

似鳗的，滑头滑脑的，易滑脱的

参考例句：

17 promising   

adj.有希望的，有前途的

参考例句：

• The results of the experiments are very promising.实验的结果充满了希望。
• We're trying to bring along one or two promising young swimmers.我们正设法培养出一两名有前途的年轻游泳选手。

18 sipping   

v.小口喝，呷，抿( sip的现在分词 )

参考例句：

• She sat in the sun, idly sipping a cool drink. 她坐在阳光下懒洋洋地抿着冷饮。
• She sat there, sipping at her tea. 她坐在那儿抿着茶。

19 Christian   

adj.基督教徒的；n.基督教徒

参考例句：

• They always addressed each other by their Christian name.他们总是以教名互相称呼。
• His mother is a sincere Christian.他母亲是个虔诚的基督教徒。

20 soften   

v.(使)变柔软；(使)变柔和

参考例句：

• Plastics will soften when exposed to heat.塑料适当加热就可以软化。
• This special cream will help to soften up our skin.这种特殊的护肤霜有助于使皮肤变得柔软。

21 peril   

n.(严重的)危险；危险的事物

参考例句：

• The refugees were in peril of death from hunger.难民有饿死的危险。
• The embankment is in great peril.河堤岌岌可危。

22 blisters   

n.水疱( blister的名词复数 )；水肿；气泡

参考例句：

• My new shoes have made blisters on my heels. 我的新鞋把我的脚跟磨起泡了。 来自《现代汉英综合大词典》
• His new shoes raised blisters on his feet. 他的新鞋把他的脚磨起了水疱。 来自《简明英汉词典》

23 livelihood   

n.生计，谋生之道

参考例句：

• Appropriate arrangements will be made for their work and livelihood.他们的工作和生活会得到妥善安排。
• My father gained a bare livelihood of family by his own hands.父亲靠自己的双手勉强维持家计。

24 meddling   

v.干涉，干预（他人事务）( meddle的现在分词 )

参考例句：

• He denounced all "meddling" attempts to promote a negotiation. 他斥责了一切“干预”促成谈判的企图。 来自辞典例句
• They liked this field because it was never visited by meddling strangers. 她们喜欢这块田野，因为好事的陌生人从来不到那里去。 来自辞典例句

25 militant   

adj.激进的，好斗的；n.激进分子，斗士

参考例句：

• Some militant leaders want to merge with white radicals.一些好斗的领导人要和白人中的激进派联合。
• He is a militant in the movement.他在那次运动中是个激进人物。

26 standing   

n.持续，地位；adj.永久的，不动的，直立的，不流动的

参考例句：

• After the earthquake only a few houses were left standing.地震过后只有几幢房屋还立着。
• They're standing out against any change in the law.他们坚决反对对法律做任何修改。

27 coercing   

v.迫使做( coerce的现在分词 )；强迫；（以武力、惩罚、威胁等手段）控制；支配

参考例句：

• All of the children had atopic dermatis coercing at least 20% of their body surface area. 所有的患儿体表有超过20%的遗传性过敏症皮炎感染。 来自互联网
• I assured him that we had no intention of coercing Israel in response a Soviet threat. 我向他保证，我们无意强迫以色列对苏联的威胁做出反映。 来自互联网

28 alleged   

a.被指控的，嫌疑的

参考例句：

• It was alleged that he had taken bribes while in office. 他被指称在任时收受贿赂。
• alleged irregularities in the election campaign 被指称竞选运动中的不正当行为

29 forth   

adv.向前；向外，往外

参考例句：

• The wind moved the trees gently back and forth.风吹得树轻轻地来回摇晃。
• He gave forth a series of works in rapid succession.他很快连续发表了一系列的作品。

30 excellence   

n.优秀，杰出，(pl.)优点，美德

参考例句：

• His art has reached a high degree of excellence.他的艺术已达到炉火纯青的地步。
• My performance is far below excellence.我的表演离优秀还差得远呢。

31 commentators   

n.评论员( commentator的名词复数 )；时事评论员；注释者；实况广播员

参考例句：

• Sports commentators repeat the same phrases ad nauseam. 体育解说员翻来覆去说着同样的词语，真叫人腻烦。
• Television sports commentators repeat the same phrases ad nauseam. 电视体育解说员说来说去就是那么几句话，令人厌烦。 来自《简明英汉词典》

32 cogent   

adj.强有力的，有说服力的

参考例句：

• The result is a cogent explanation of inflation.结果令人信服地解释了通货膨胀问题。
• He produced cogent reasons for the change of policy.他对改变政策提出了充分的理由。

33 treatise   

n.专著；(专题)论文

参考例句：

• The doctor wrote a treatise on alcoholism.那位医生写了一篇关于酗酒问题的论文。
• This is not a treatise on statistical theory.这不是一篇有关统计理论的论文。

34 mermaid   

n.美人鱼

参考例句：

• How popular would that girl be with the only mermaid mom!和人鱼妈妈在一起，那个女孩会有多受欢迎！
• The little mermaid wasn't happy because she didn't want to wait.小美人鱼不太高兴，因为她等不及了。

35 lurk   

n.潜伏，潜行；v.潜藏，潜伏，埋伏

参考例句：

• Dangers lurk in the path of wilderness.在这条荒野的小路上隐伏着危险。
• He thought he saw someone lurking above the chamber during the address.他觉得自己看见有人在演讲时潜藏在会议厅顶上。

36 nominally   

在名义上，表面地； 应名儿

参考例句：

• Dad, nominally a Methodist, entered Churches only for weddings and funerals. 爸名义上是卫理公会教徒，可只去教堂参加婚礼和葬礼。
• The company could not indicate a person even nominally responsible for staff training. 该公司甚至不能指出一个名义上负责职员培训的人。

37 dense   

a.密集的，稠密的，浓密的；密度大的

参考例句：

• The general ambushed his troops in the dense woods. 将军把部队埋伏在浓密的树林里。
• The path was completely covered by the dense foliage. 小路被树叶厚厚地盖了一层。

38 elastic   

n.橡皮圈，松紧带；adj.有弹性的；灵活的

参考例句：

• Rubber is an elastic material.橡胶是一种弹性材料。
• These regulations are elastic.这些规定是有弹性的。

39 peculiar   

adj.古怪的，异常的；特殊的，特有的

参考例句：

• He walks in a peculiar fashion.他走路的样子很奇特。
• He looked at me with a very peculiar expression.他用一种很奇怪的表情看着我。

40 symbolically   

ad.象征地，象征性地

参考例句：

• By wearing the ring on the third finger of the left hand, a married couple symbolically declares their eternal love for each other. 将婚戒戴在左手的第三只手指上，意味着夫妻双方象征性地宣告他们的爱情天长地久，他们定能白头偕老。
• Symbolically, he coughed to clear his throat. 周经理象征地咳一声无谓的嗽，清清嗓子。