register

English translation: record and enact / "unregister" = enregister

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
English term or phrase:register
Selected answer:record and enact / "unregister" = enregister
Entered by: Charles Davis

07:21 Oct 10, 2017
English language (monolingual) [PRO]
Government / Politics / Politics
English term or phrase: register
Can anyone please explain the meaning of the word "register" in this context? It is an extraction from the book Rights of Man by Thomas Paine.

"The King, or rather the Court or Ministry acting under the use of that name, framed the edicts for taxes at their own discretion, and sent them to the Parliaments to be registered; for until they were registered by the Parliaments they were not operative."

In this context, I can guess that the word implies "to recognize, allow, pass". But in other sentences, there seems to be a confusion:

"On this subject the Assembly agreed to recommend two new taxes to be unregistered by the Parliament: the one a stamp-tax and the other a territorial tax, or sort of land-tax."

"When the edict for establishing this new court was sent to the Parliaments to be unregistered and put into execution, they resisted also." (It is unregistered by the Parliaments and then put into execution???)


Thank you for your help.
Hoang Yen
Vietnam
Local time: 00:37
record and enact / "unregister" = enregister
Explanation:
In the Ancien Régime in France (the monarchy before the Revolution in 1789), the King was the source of law, but his decrees had to be "registered" by the Parlements. Formally registering meant writing them in the register of laws, but as Paine says, the laws issued by the King were not effective until they had been registered, so it also means to enact, and the Parlements sometimes objected to the proposed law and refused to register it:

"Of more consequence, the parlements "registered" new laws issued by the king, the source of the law. At its simplest, registration meant that the tribunals transcribed statutes into folio registers, as a permanent record. But from about 1500 all the way to 1789, the parlements, supported by constitutional scholars, claimed that they had the duty to "verify" laws before registering them. Verification entailed deciding if new legislation agreed with divine, natural, and statute law and, especially, custom and precedent. [...]
Any law could easily fail at least one of these tests, especially measures concerning controversial issues such as taxes, religious pacification, and judicial reform. A parlement might table disputed legislation indefinitely, weaken it with amendments, or issue a "remonstrance," a formal protest, oral or written, to the king. Despite various forms of royal pressure, these tactics might well lead to a compromise and sometimes to outright victory for the parlements. As a last resort, the kings would themselves appear in a tribunal, usually the Parlement of Paris, to hold a ceremony called a lit de justice. There the monarch invoked his sovereign power and commanded the parlement to register his law at once."
http://www.encyclopedia.com/history/encyclopedias-almanacs-t...

On the second point you raise, the apparent anomaly of laws being "unregistered", this is due to a textual error. Some modern editions of Paine's text, Rights of Man (1791), have "unregistered" in the two passages you have quoted, but all the early editions, and most of the modern ones, have "enregistered" here, and that is definitely what Paine wrote. "Enregister" means "register". The first edition is available in Google Books:

https://books.google.es/books?id=9yH_RJkB6aMC&pg=PA44&dq="en...

Here's another 1791 edition:
https://books.google.es/books?id=UxRYAAAAcAAJ&pg=PA99&dq="en...

And another:
https://books.google.es/books?id=9FkJAAAAQAAJ&pg=PA90&dq="to...

I have only found "unregistered" in a few modern editions. It is an error, and doesn't make sense.
Selected response from:

Charles Davis
Spain
Local time: 19:37
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4 KudoZ points were awarded for this answer



SUMMARY OF ALL EXPLANATIONS PROVIDED
4 +6record and enact / "unregister" = enregister
Charles Davis


Discussion entries: 1





  

Answers


40 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +6
record and enact / "unregister" = enregister


Explanation:
In the Ancien Régime in France (the monarchy before the Revolution in 1789), the King was the source of law, but his decrees had to be "registered" by the Parlements. Formally registering meant writing them in the register of laws, but as Paine says, the laws issued by the King were not effective until they had been registered, so it also means to enact, and the Parlements sometimes objected to the proposed law and refused to register it:

"Of more consequence, the parlements "registered" new laws issued by the king, the source of the law. At its simplest, registration meant that the tribunals transcribed statutes into folio registers, as a permanent record. But from about 1500 all the way to 1789, the parlements, supported by constitutional scholars, claimed that they had the duty to "verify" laws before registering them. Verification entailed deciding if new legislation agreed with divine, natural, and statute law and, especially, custom and precedent. [...]
Any law could easily fail at least one of these tests, especially measures concerning controversial issues such as taxes, religious pacification, and judicial reform. A parlement might table disputed legislation indefinitely, weaken it with amendments, or issue a "remonstrance," a formal protest, oral or written, to the king. Despite various forms of royal pressure, these tactics might well lead to a compromise and sometimes to outright victory for the parlements. As a last resort, the kings would themselves appear in a tribunal, usually the Parlement of Paris, to hold a ceremony called a lit de justice. There the monarch invoked his sovereign power and commanded the parlement to register his law at once."
http://www.encyclopedia.com/history/encyclopedias-almanacs-t...

On the second point you raise, the apparent anomaly of laws being "unregistered", this is due to a textual error. Some modern editions of Paine's text, Rights of Man (1791), have "unregistered" in the two passages you have quoted, but all the early editions, and most of the modern ones, have "enregistered" here, and that is definitely what Paine wrote. "Enregister" means "register". The first edition is available in Google Books:

https://books.google.es/books?id=9yH_RJkB6aMC&pg=PA44&dq="en...

Here's another 1791 edition:
https://books.google.es/books?id=UxRYAAAAcAAJ&pg=PA99&dq="en...

And another:
https://books.google.es/books?id=9FkJAAAAQAAJ&pg=PA90&dq="to...

I have only found "unregistered" in a few modern editions. It is an error, and doesn't make sense.

Charles Davis
Spain
Local time: 19:37
Works in field
Native speaker of: English
PRO pts in category: 44
Notes to answerer
Asker: Thank you so much for your in-depth information!


Peer comments on this answer (and responses from the answerer)
agree  Jack Doughty
2 mins
  -> Thanks, Jack!

agree  B D Finch
5 hrs
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agree  Tina Vonhof (X)
7 hrs
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agree  Yvonne Gallagher
11 hrs
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agree  Ashutosh Mitra
3 days 2 hrs
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agree  acetran
4 days
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