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| Andrew Chaplin |
Posted: Wed Apr 26, 2006 1:16 pm |
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An interesting report in today's papers about, among other things, how the
Canadian arms are in use by a university in the UK.
http://www.canada.com/components/print.aspx?id=8df714cb-d501-451a-85e5-9fc58662ef79
http://www.sheppertonu.org.uk/
It would be interesting to see what it takes to have the arms repoved from
the site. They're using Alan Beddoe's 1957 depiction rather than the more
recent version with Order of Canada augmentation.
--
Andrew Chaplin
SIT MIHI GLADIUS SICUT SANCTO MARTINO
(If you're going to e-mail me, you'll have to get "yourfinger." out.) |
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| StephenP |
Posted: Thu Apr 27, 2006 4:59 am |
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| Andrew Chaplin |
Posted: Thu Apr 27, 2006 1:11 pm |
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"StephenP" <plowman@uk2.net> wrote in message
news:1146135555.139783.280080@u72g2000cwu.googlegroups.com...
Exactly. I wonder if this can evolve into some sort of comeuppance in the
British courts. It's not every day that someone makes free with a foreign
state's arms of dominion and sovereignty. I suspect, however, they will
cease and desist long before a real legal precendent is set.
--
Andrew Chaplin
SIT MIHI GLADIUS SICUT SANCTO MARTINO
(If you're going to e-mail me, you'll have to get "yourfinger." out.) |
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| Madalch |
Posted: Thu Apr 27, 2006 1:39 pm |
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What would be more fitting for a bogus university than usurped arms?
(Not like real universities don't use bogus arms, of course, or usurp
them...) |
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| WILLIAM BALDWIN JR |
Posted: Thu Apr 27, 2006 2:31 pm |
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Well, if it's a fictional university, shouldn't it be using fictional arms?
They should rip off the dominion arms of an SCA kingdom...
--
WILLIAM BALDWIN JR
MBA HCM
Ground below Zero
New Orleans, La (central time zone)
"Madalch" <tressure@gmail.com> wrote in message
news:1146166740.576569.148200@j33g2000cwa.googlegroups.com...
Quote: What would be more fitting for a bogus university than usurped arms?
(Not like real universities don't use bogus arms, of course, or usurp
them...)
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| Andrew Chaplin |
Posted: Fri Apr 28, 2006 11:44 am |
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"StephenP" <plowman@uk2.net> wrote in message
news:1146135555.139783.280080@u72g2000cwu.googlegroups.com...
If "Shepperton University" does not stop using the arms, what options are
open to the Canadian government?
--
Andrew Chaplin
SIT MIHI GLADIUS SICUT SANCTO MARTINO
(If you're going to e-mail me, you'll have to get "yourfinger." out.) |
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| Jonathan David Makepeace |
Posted: Mon May 01, 2006 8:39 pm |
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Andrew Chaplin wrote:
Quote: It's not every day that someone makes free with a foreign
state's arms of dominion and sovereignty.
Canada foreign? Not from a British point of view!
I doubt, however, that it would make any difference legally whether the
state was foreign, a Commonwealth realm or any other Commonwealth
member.
-Jonathan |
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| Andrew Chaplin |
Posted: Tue May 02, 2006 5:25 am |
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"Jonathan David Makepeace" <jonathanNOSPAMmakepeace@yahoo.ca> wrote in
message news:1146537549.500426.174610@i39g2000cwa.googlegroups.com...
Quote: Andrew Chaplin wrote:
It's not every day that someone makes free with a foreign
state's arms of dominion and sovereignty.
Canada foreign? Not from a British point of view!
I wasn't happy with my use of "foreign" but a "sovereign state other
than the United Kingdom" would seem to be a little clumsy.
Quote: I doubt, however, that it would make any difference legally whether
the
state was foreign, a Commonwealth realm or any other Commonwealth
member.
What court could competently deal with such usurpation in England? (I
think the case would clearly be in Lyon Court's jurisdiction were it
in Scotland.)
--
Andrew Chaplin
SIT MIHI GLADIUS SICUT SANCTO MARTINO
(If you're going to e-mail me, you'll have to get "yourfinger." out.) |
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| Tim Powys-Lybbe |
Posted: Tue May 02, 2006 6:35 am |
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In message of 2 May, "Andrew Chaplin" <ab.chaplin@yourfinger.rogers.com> wrote:
Quote: "Jonathan David Makepeace" <jonathanNOSPAMmakepeace@yahoo.ca> wrote in
message news:1146537549.500426.174610@i39g2000cwa.googlegroups.com...
Andrew Chaplin wrote:
It's not every day that someone makes free with a foreign
state's arms of dominion and sovereignty.
Canada foreign? Not from a British point of view!
I wasn't happy with my use of "foreign" but a "sovereign state other
than the United Kingdom" would seem to be a little clumsy.
I doubt, however, that it would make any difference legally whether
the
state was foreign, a Commonwealth realm or any other Commonwealth
member.
What court could competently deal with such usurpation in England? (I
think the case would clearly be in Lyon Court's jurisdiction were it
in Scotland.)
Ths Court of Chivalry of course. Closely followed by an appeal court so
that we can find out which of the Court of Chivalry's judgements still
apply.
I am on record to donate £100 towards the costs of a new case in the
Court of Chivalry; I would be delighted to use this to support a case
such as this. (I know it is not very much where legal costs are
concerned, but there must be one or two others who would pay a modest
sums for a clarification of the law.)
--
Tim Powys-Lybbe tim@powys.org
For a miscellany of bygones: http://powys.org |
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| Andrew Chaplin |
Posted: Tue May 02, 2006 11:36 am |
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"Tim Powys-Lybbe" <tim@powys.org> wrote in message
news:f476b5204e.tim@south-frm.demon.co.uk...
Quote: Ths Court of Chivalry of course. Closely followed by an appeal court so
that we can find out which of the Court of Chivalry's judgements still
apply.
I am on record to donate £100 towards the costs of a new case in the
Court of Chivalry; I would be delighted to use this to support a case
such as this. (I know it is not very much where legal costs are
concerned, but there must be one or two others who would pay a modest
sums for a clarification of the law.)
What statute establishes the Court of Chivarly and the avenue of appeal from
it (IOW, could someone please point me to an on-line version) and when was
that statute last reviewed by a House of Parliament?
--
Andrew Chaplin
SIT MIHI GLADIUS SICUT SANCTO MARTINO
(If you're going to e-mail me, you'll have to get "yourfinger." out.) |
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| Tim Powys-Lybbe |
Posted: Tue May 02, 2006 12:46 pm |
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In message of 2 May, "Andrew Chaplin" <ab.chaplin@yourfinger.rogers.com> wrote:
Quote: "Tim Powys-Lybbe" <tim@powys.org> wrote in message
news:f476b5204e.tim@south-frm.demon.co.uk...
Ths Court of Chivalry of course. Closely followed by an appeal court so
that we can find out which of the Court of Chivalry's judgements still
apply.
I am on record to donate £100 towards the costs of a new case in the
Court of Chivalry; I would be delighted to use this to support a
case such as this. (I know it is not very much where legal costs
are concerned, but there must be one or two others who would pay a
modest sums for a clarification of the law.)
What statute establishes the Court of Chivarly and the avenue of
appeal from it (IOW, could someone please point me to an on-line
version) and when was that statute last reviewed by a House of
Parliament?
None. It is an ancient court; probably it was not realised to be still
current when other ancient courts were abolished in the 19th century.
Unless things have changed, Britain still does not have a constitution
so things can be part of the law by long custom and practice and the
lack of a statute does not matter.
Anyhow the case in 1954 established that the court was still legal,
though one or two matters were left unclear and can only be sorted in
an appeal court. Regrettably the defendant did not see fit to appeal.
--
Tim Powys-Lybbe tim@powys.org
For a miscellany of bygones: http://powys.org |
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| Don Aitken |
Posted: Tue May 02, 2006 1:14 pm |
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On Tue, 2 May 2006 13:36:17 -0400, "Andrew Chaplin"
<ab.chaplin@yourfinger.rogers.com> wrote:
Quote: "Tim Powys-Lybbe" <tim@powys.org> wrote in message
news:f476b5204e.tim@south-frm.demon.co.uk...
Ths Court of Chivalry of course. Closely followed by an appeal court so
that we can find out which of the Court of Chivalry's judgements still
apply.
I am on record to donate £100 towards the costs of a new case in the
Court of Chivalry; I would be delighted to use this to support a case
such as this. (I know it is not very much where legal costs are
concerned, but there must be one or two others who would pay a modest
sums for a clarification of the law.)
What statute establishes the Court of Chivarly and the avenue of appeal from
it (IOW, could someone please point me to an on-line version) and when was
that statute last reviewed by a House of Parliament?
The Surrogate considered the history of the Court in some detail in
his judgment in the Manchester case. I do not think that there is any
statutory reference to it; it exists because it has never been
explicitly abolished. The High Court has the same supervisory
jurisdiction by way of judicial review as it has over all courts and
court-like entities.
--
Don Aitken
Mail to the From: address is not read.
To email me, substitute "clara.co.uk" for "freeuk.com" |
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| Joseph McMillan |
Posted: Tue May 02, 2006 1:47 pm |
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Andrew Chaplin wrote:
Quote:
What statute establishes the Court of Chivarly and the avenue of appeal from
it (IOW, could someone please point me to an on-line version) and when was
that statute last reviewed by a House of Parliament?
--
Are courts now established by statute in England rather than by some
sort of exercise of the royal prerogative? I ask because Blackstone's
Commentaries, Book I, Ch 7, "Of the King's Prerogative," says "He
therefore has alone the right of erecting courts of judicature." I
have understood this to be one of the several aspects of the royal
prerogative that was not vested in the governors of the American states
or subsequently in the president of the United States, thus disproving
the notion that the president inherently holds the former powers of the
British crown--such as being the fons honorum. (There are plenty of
other royal powers that also were not vested in the governors or the
president, so the argument doesn't stand or fall on this point, but it
would still be interesting to know. |
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| Andrew Chaplin |
Posted: Tue May 02, 2006 3:03 pm |
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"Joseph McMillan" <j_mcmillan@verizon.net> wrote in message
news:1146599268.049620.172070@v46g2000cwv.googlegroups.com...
Quote: Are courts now established by statute in England rather than by some
sort of exercise of the royal prerogative? I ask because Blackstone's
Commentaries, Book I, Ch 7, "Of the King's Prerogative," says "He
therefore has alone the right of erecting courts of judicature." I
have understood this to be one of the several aspects of the royal
prerogative that was not vested in the governors of the American states
or subsequently in the president of the United States, thus disproving
the notion that the president inherently holds the former powers of the
British crown--such as being the fons honorum. (There are plenty of
other royal powers that also were not vested in the governors or the
president, so the argument doesn't stand or fall on this point, but it
would still be interesting to know.
AIUI, even if something is under the Royal prerogative, it can become part
of statute law if the Bill is given the necessary Royal Consent before the
question is put at third readying in the first House of Parliament to deal
with it. I am not sure that the prerogative still encompasses the judiciary
in the U.K.
--
Andrew Chaplin
SIT MIHI GLADIUS SICUT SANCTO MARTINO
(If you're going to e-mail me, you'll have to get "yourfinger." out.) |
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| Don Aitken |
Posted: Tue May 02, 2006 4:16 pm |
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On Tue, 2 May 2006 17:03:15 -0400, "Andrew Chaplin"
<ab.chaplin@yourfinger.rogers.com> wrote:
Quote: "Joseph McMillan" <j_mcmillan@verizon.net> wrote in message
news:1146599268.049620.172070@v46g2000cwv.googlegroups.com...
Are courts now established by statute in England rather than by some
sort of exercise of the royal prerogative? I ask because Blackstone's
Commentaries, Book I, Ch 7, "Of the King's Prerogative," says "He
therefore has alone the right of erecting courts of judicature." I
have understood this to be one of the several aspects of the royal
prerogative that was not vested in the governors of the American states
or subsequently in the president of the United States, thus disproving
the notion that the president inherently holds the former powers of the
British crown--such as being the fons honorum. (There are plenty of
other royal powers that also were not vested in the governors or the
president, so the argument doesn't stand or fall on this point, but it
would still be interesting to know.
AIUI, even if something is under the Royal prerogative, it can become part
of statute law if the Bill is given the necessary Royal Consent before the
question is put at third readying in the first House of Parliament to deal
with it. I am not sure that the prerogative still encompasses the judiciary
in the U.K.
The leading case on the subject is Re Lord Bishop of Natal (1864), in
which it was held by the Judicial Committee that the prerogative
extends to establishing new courts in the UK and colonies, but only
courts administering the common law, not some other system of law.
Accordingly, the proceedings of an ecclesiastical court in Natal were
found to be a nullity (this was a incident in the "ritualist"
controversy"). I think that this is still the law. In practice, new
courts are now established by statute.
--
Don Aitken
Mail to the From: address is not read.
To email me, substitute "clara.co.uk" for "freeuk.com" |
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