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| Joseph McMillan... |
Posted: Fri Sep 04, 2009 7:06 am |
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On Sep 4, 8:11 am, Sean J Murphy <sjbmur... at (no spam) SPAMOUTeircom.net> wrote
quoting Mr. Shortt:
Quote:
'However, during the period he was the MacCarthy Mor and prior to his
abdication and self-imposed exile ..."
Brilliant! Terence McCarthy/McCartney was never discredited at all;
he merely abdicated. So all the titles he granted are just as valid
as those of any other now-deposed monarch. Imagine such ingenuity
applied to worthwhile ends...the mind boggles.
Joseph McMillan |
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| GFL... |
Posted: Fri Sep 04, 2009 7:53 am |
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On Sep 4, 11:06 am, Joseph McMillan <mcmillan... at (no spam) gmail.com> wrote:
Quote: On Sep 4, 8:11 am, Sean J Murphy <sjbmur... at (no spam) SPAMOUTeircom.net> wrote
quoting Mr. Shortt:
'However, during the period he was the MacCarthy Mor and prior to his
abdication and self-imposed exile ..."
Brilliant! Terence McCarthy/McCartney was never discredited at all;
he merely abdicated. So all the titles he granted are just as valid
as those of any other now-deposed monarch. Imagine such ingenuity
applied to worthwhile ends...the mind boggles.
Joseph McMillan
LOL
I guess in that logic one can abdicate from offices one never really
held.
On an unrelated note, except that it deals with another notorious
purveyor of various orders - Julius Sokolnicki once self-styled
President of Poland and Grand Master of the so-called Order of St.
Stanislas passed away in August. Before he passed away he appointed
Jan Zbigniew Potocki (who claims to be of the line of counts Potocki)
to be not only the new Grand Master but his successor as Presient-in-
Exile of Poland (until a piece treaty ending hostilities is signed!).
Even more surreally the headquarters of this supposed Polish war time
government in exile has now moved to Germany. On
http://order-of-st-stanislas.org/dokument.htm there is information
about all of this. I got a particular chuckle from the letter he sent
the Chancellary of the Polish President in Warsaw informing them of
Sokolnicki's death and his succession to the office.
George Lucki |
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| Joseph McMillan... |
Posted: Mon Sep 14, 2009 6:49 am |
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On Sep 14, 12:09 pm, Greg <scoti... at (no spam) comcast.net> wrote:
Quote:
...and people wonder
What people?
Quote: why "Irish heraldry" remains under a cloud
What cloud?
Quote: why the Irish won't go for spending a dime
The National Library of Ireland receives something like €13 million a
year in state funds. The Chief Herald's office is part of the
National Library.
What is your standard of what constitutes "state sanction" and how and
why is it different from that of the Attorney General of Ireland?
Joseph McMillan |
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| Greg... |
Posted: Tue Sep 15, 2009 4:00 am |
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On 14 Sep, 09:49, Joseph McMillan <mcmillan... at (no spam) gmail.com> wrote:
Quote: On Sep 14, 12:09 pm, Greg <scoti... at (no spam) comcast.net> wrote:
...and people wonder
What people?
The whole of the Irish people Joe.
Quote: why "Irish heraldry" remains under a cloud
A cloud of ilegitimacy Joe.
Quote: why the Irish won't go for spending a dime
Quote: The National Library of Ireland receives something like €13 million a
year in state funds. The Chief Herald's office is part of the
National Library.
The National Library receives the funds... Not the Chief Herald. He
gets an allowance with which he raises money for the library. The
Chief herald himsel knows he cannot grant arms: he sells
certificates...
Quote:
on state sanction
What is your standard of what constitutes "state sanction" and how and
why is it different from that of the Attorney General of Ireland?
Joseph McMillan
State sanction is a phrase that mens exactly what it says Joe. I
don't remember reading the AG was in charge of the National Library. |
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| Joseph McMillan... |
Posted: Tue Sep 15, 2009 6:02 am |
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On Sep 15, 10:00 am, Greg <scoti... at (no spam) comcast.net> wrote:
Quote:
...and people wonder
What people?
The whole of the Irish people Joe.
Really? What evidence to you have that the whole of the Irish people,
or even half of them, are the least interested in this subject?
Quote:
why "Irish heraldry" remains under a cloud
What cloud?
A cloud of ilegitimacy Joe.
How is an office operating under statutory authority illegitimate?
Quote:
why the Irish won't go for spending a dime
The National Library of Ireland receives something like €13 million a
year in state funds. The Chief Herald's office is part of the
National Library.
The National Library receives the funds... Not the Chief Herald. He
gets an allowance with which he raises money for the library. The
Chief herald himsel knows he cannot grant arms: he sells
certificates...
Are you sure that the Chief Herald (who is concurrently the head of
the genealogical section of the library) doesn't receive a salary? A
salary paid for by the Irish taxpayers pursuant to appropriations
passed by the Irish parliament?
Quote:
on state sanction
What is your standard of what constitutes "state sanction" and how and
why is it different from that of the Attorney General of Ireland?
State sanction is a phrase that mens exactly what it says Joe. I
don't remember reading the AG was in charge of the National Library.
Do you remember reading that the AG is the chief law officer of the
Irish Republic, whose opinions on the legality of the operations of
institutions of the Irish state are a damn sight more authoritative
than yours? Or mine or Sean Murphy's, for that matter?
And do you remember reading that he has formally advised the
government and parliament that the operations of the Office of the
Chief Herald pursuant to the National Cultural Institutions Act are
fully lawful?
Joseph McMillan |
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| Greg... |
Posted: Tue Sep 15, 2009 1:49 pm |
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On 15 Sep, 09:02, Joseph McMillan <mcmillan... at (no spam) gmail.com> wrote:
Quote: On Sep 15, 10:00 am, Greg <scoti... at (no spam) comcast.net> wrote:
...and people wonder
What people?
The whole of the Irish people Joe.
Really? What evidence to you have that the whole of the Irish people,
or even half of them, are the least interested in this subject?
why "Irish heraldry" remains under a cloud
What cloud?
A cloud of ilegitimacy Joe.
How is an office operating under statutory authority illegitimate?
why the Irish won't go for spending a dime
The National Library of Ireland receives something like €13 million a
year in state funds. The Chief Herald's office is part of the
National Library.
The National Library receives the funds... Not the Chief Herald. He
gets an allowance with which he raises money for the library. The
Chief herald himsel knows he cannot grant arms: he sells
certificates...
Are you sure that the Chief Herald (who is concurrently the head of
the genealogical section of the library) doesn't receive a salary? A
salary paid for by the Irish taxpayers pursuant to appropriations
passed by the Irish parliament?
on state sanction
What is your standard of what constitutes "state sanction" and how and
why is it different from that of the Attorney General of Ireland?
State sanction is a phrase that mens exactly what it says Joe. I
don't remember reading the AG was in charge of the National Library.
Do you remember reading that the AG is the chief law officer of the
Irish Republic, whose opinions on the legality of the operations of
institutions of the Irish state are a damn sight more authoritative
than yours? Or mine or Sean Murphy's, for that matter?
And do you remember reading that he has formally advised the
government and parliament that the operations of the Office of the
Chief Herald pursuant to the National Cultural Institutions Act are
fully lawful?
Joseph McMillan
Joe, I think you're trying to cram the square peg into the round hole
again. I guess youy have Irish arms, or (a certificate) and want it
to be (worth something). Or, your just barking up this tree to be
dificult.
Who knew? Everything hinges on this 1997 thing, that I don't think is
going to go anywhere at all; it's just going to open up a new can of
worms.
And the chief herald of Ireland receiving a salary, is really no
different than any employee receiving a salary: he can be done away
with by the stroke of pen and (you know that).
I think that in the end, the staus quo will remain, it's a great fund
raiser and there has always been a great deal of genealogical interest
in it, so I don't think it's going to just go away. After the hubub
dies down, Irish heraldry'll go back to doing what it's always done. |
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| Joseph McMillan... |
Posted: Tue Sep 15, 2009 3:24 pm |
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On Sep 15, 7:49 pm, Greg <scoti... at (no spam) comcast.net> wrote:
Quote:
And the chief herald of Ireland receiving a salary, is really no
different than any employee receiving a salary: he can be done away
with by the stroke of pen and (you know that).
It's really hard to carry on a discussion with someone who seems
incapable of remembering what he says from one day to the next.
Yesterday you wrote: "the Irish won't go for spending a dime on state
sanction" of heraldry. My point--good God, why do I bother?--was
that the Irish are in fact spending many dimes on sanctioned
heraldry. Is this really such a difficult concept?
Joseph McMillan |
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| graham at (no spam) gmilne.demon.co.uk... |
Posted: Tue Sep 15, 2009 11:58 pm |
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Guest
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On 4 Sep, 18:06, Joseph McMillan <mcmillan... at (no spam) gmail.com> wrote:
Quote: On Sep 4, 8:11 am, Sean J Murphy <sjbmur... at (no spam) SPAMOUTeircom.net> wrote
quoting Mr. Shortt:
'However, during the period he was the MacCarthy Mor and prior to his
abdication and self-imposed exile ..."
Brilliant! Terence McCarthy/McCartney was never discredited at all;
he merely abdicated. So all the titles he granted are just as valid
as those of any other now-deposed monarch. Imagine such ingenuity
applied to worthwhile ends...the mind boggles.
Joseph McMillan
If the relevant heraldic authority, acting on behalf of the state and
within its powers, accepted these titles as valid in law then they are
valid in law. If the authorities got it wrong that is their problem;
people are entitled to rely on the state to get it right. There is a
parallel here in England with a writ of summons issued in error, which
was held to create a new peerage.
Congratulations, Baron Castleshort. |
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| StephenP... |
Posted: Wed Sep 16, 2009 1:19 am |
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On 16 Sep, 10:58, "gra... at (no spam) gmilne.demon.co.uk"
<gra... at (no spam) gmilne.demon.co.uk> wrote:
Quote: If the relevant heraldic authority, acting on behalf of the state and
within its powers, accepted these titles as valid in law then they are
valid in law. If the authorities got it wrong that is their problem;
people are entitled to rely on the state to get it right. There is a
parallel here in England with a writ of summons issued in error, which
was held to create a new peerage.
Congratulations, Baron Castleshort.
I'm not convinced. If the Irish authorities issued Letters Patent
"creating" the McCarthy Mor then there would be a direct parallel.
However, the title already existed and was fraudulently claimed by
McCarthy. The fact that the relevant heraldic authority was duped
does not make the titles valid in law ad infinitum. Once the fraud
was exposed the recognition, titles etc became null and void.
Perhaps another parallel is that if you receive/buy property, albeit
in good faith, that had been stolen, the property still belongs in law
to the original owner.
Now whether or not the recipients of such titles have a case against
the Irish authorities is another matter.
Stephen |
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| Greg... |
Posted: Wed Sep 16, 2009 3:55 am |
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On 15 Sep, 18:24, Joseph McMillan <mcmillan... at (no spam) gmail.com> wrote:
Quote: On Sep 15, 7:49 pm, Greg <scoti... at (no spam) comcast.net> wrote:
And the chief herald of Ireland receiving a salary, is really no
different than any employee receiving a salary: he can be done away
with by the stroke of pen and (you know that).
It's really hard to carry on a discussion with someone who seems
incapable of remembering what he says from one day to the next.Yesterday you wrote: "the Irish won't go for spending a dime on state
sanction" of heraldry. My point--good God, why do I bother?--was
that the Irish are in fact spending many dimes on sanctioned
heraldry. Is this really such a difficult concept?
Joseph McMillan
Oh please Joe. The state paying the chief herald a salary and the
state spendng money on creating a sanctioned office are two different
things. My point was that paying a state employee is not the same as
sanctioning heraldry. State owned parks and museums have gift shops
as well. The state pays the people who work there and makes money
from the sale of the gifts. Same thing. |
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| Sean J Murphy... |
Posted: Wed Sep 16, 2009 5:22 am |
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graham at (no spam) gmilne.demon.co.uk wrote:
Quote: On 4 Sep, 18:06, Joseph McMillan <mcmillan... at (no spam) gmail.com> wrote:
On Sep 4, 8:11 am, Sean J Murphy <sjbmur... at (no spam) SPAMOUTeircom.net> wrote
quoting Mr. Shortt:
'However, during the period he was the MacCarthy Mor and prior to his
abdication and self-imposed exile ..."
Brilliant! Terence McCarthy/McCartney was never discredited at all;
he merely abdicated. So all the titles he granted are just as valid
as those of any other now-deposed monarch. Imagine such ingenuity
applied to worthwhile ends...the mind boggles.
Joseph McMillan
If the relevant heraldic authority, acting on behalf of the state and
within its powers, accepted these titles as valid in law then they are
valid in law. If the authorities got it wrong that is their problem;
people are entitled to rely on the state to get it right. There is a
parallel here in England with a writ of summons issued in error, which
was held to create a new peerage.
Congratulations, Baron Castleshort.
Indeed, and here is the man himself pictured with what the ARRSErs have
termed his 'household staff':
http://i189.photobucket.com/albums/z237/Cyril_Clunge/Mugshots/jimbo10.jpg
For a summary of a campaign of exposure which dwarfs anything seen here
on rec.heraldry refer to
http://www.arrse.co.uk/wiki/The_Baron_of_Castleshort
Of course Chief Herald Begley was acting outside even those powers he
was assumed to hold when he issued his infamous 1988 letter
rubber-stamping Terence MacCarthy's title sales. It emerged later that
the Chief Herald had no powers at all, if the Attorney General's advice
issued in 2002 was accurate. But there is different advice from another
AG issued in 2007, to the effect that the Chief Herald now has power to
grant arms at least, with some amending legislation recommended to tidy
things up. But do the legislators have the time or inclination to sort
out the Irish heraldic mess as the country struggles to avoid national
bankruptcy?
Sean Murphy
Irish Feudal Titles
http://homepage.eircom.net/%7Eseanjmurphy/chiefs/feudaltitles.htm |
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| Graham... |
Posted: Wed Sep 16, 2009 2:01 pm |
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On 16 Sep, 12:19, StephenP <plow... at (no spam) uk2.net> wrote:
Quote: On 16 Sep, 10:58, "gra... at (no spam) gmilne.demon.co.uk"
gra... at (no spam) gmilne.demon.co.uk> wrote:
If the relevant heraldic authority, acting on behalf of the state and
within its powers, accepted these titles as valid in law then they are
valid in law. If the authorities got it wrong that is their problem;
people are entitled to rely on the state to get it right. There is a
parallel here in England with a writ of summons issued in error, which
was held to create a new peerage.
Congratulations, Baron Castleshort.
I'm not convinced. If the Irish authorities issued Letters Patent
"creating" the McCarthy Mor then there would be a direct parallel.
However, the title already existed and was fraudulently claimed by
McCarthy. The fact that the relevant heraldic authority was duped
does not make the titles valid in law ad infinitum. Once the fraud
was exposed the recognition, titles etc became null and void.
Perhaps another parallel is that if you receive/buy property, albeit
in good faith, that had been stolen, the property still belongs in law
to the original owner.
Now whether or not the recipients of such titles have a case against
the Irish authorities is another matter.
Stephen
Sorry, he was recognized by the state and that's it. There is no
parallel with stolen property but there is a direct parallel (it
couldn't be better) with writs of summons issued in error. If the
recognition had in some way affected the rights of other people to
their detriment then there may be some argument against it, but it
didn't. Whether he is a baron or not has no possible effect on anyone. |
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| StephenP... |
Posted: Wed Sep 16, 2009 9:11 pm |
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On 17 Sep, 01:01, Graham <gra... at (no spam) gmilne.demon.co.uk> wrote:
Quote:
Sorry, he was recognized by the state and that's it. There is no
parallel with stolen property but there is a direct parallel (it
couldn't be better) with writs of summons issued in error. If the
recognition had in some way affected the rights of other people to
their detriment then there may be some argument against it, but it
didn't. Whether he is a baron or not has no possible effect on anyone.
We may be at cross purposes a bit. McCarthy was "recognised" by the
State for a while. I have no idea whether or not any of his granted
titles were also "recognised" by the State. |
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| Peter Kurrild-Klitgaard... |
Posted: Wed Sep 16, 2009 10:45 pm |
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On 16 Sep., 11:58, "gra... at (no spam) gmilne.demon.co.uk"
<gra... at (no spam) gmilne.demon.co.uk> wrote:
Quote: On 4 Sep, 18:06, Joseph McMillan <mcmillan... at (no spam) gmail.com> wrote:
On Sep 4, 8:11 am, Sean J Murphy <sjbmur... at (no spam) SPAMOUTeircom.net> wrote
quoting Mr. Shortt:
'However, during the period he was the MacCarthy Mor and prior to his
abdication and self-imposed exile ..."
Brilliant! Terence McCarthy/McCartney was never discredited at all;
he merely abdicated. So all the titles he granted are just as valid
as those of any other now-deposed monarch. Imagine such ingenuity
applied to worthwhile ends...the mind boggles.
Joseph McMillan
If the relevant heraldic authority, acting on behalf of the state and
within its powers, accepted these titles as valid in law then they are
valid in law. If the authorities got it wrong that is their problem;
people are entitled to rely on the state to get it right. There is a
parallel here in England with a writ of summons issued in error, which
was held to create a new peerage.
Congratulations, Baron Castleshort.
But with nobiliary titles, etc., not having any existence in the laws
of the Republic of Ireland, it is simply meaningless to say that a
recognition (erroneous or not) of Terence MacCarthy as the
representative of the MacCarthy Mor family should somehow endow the
titles invented by the latter as having any legal status. What the
then Chief Herald stated--perhaps not very wisely--was (IIRC) that he
had no objection to Terence MacCarthy "disposing" of any titles he
might have a claim to, but such a statement carries no legal weight
whatsoever in Irish law.
Best wishes,
Peter Kurrild-Klitgaard |
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| Graham... |
Posted: Thu Sep 17, 2009 1:58 pm |
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On 17 Sep, 09:45, Peter Kurrild-Klitgaard <kurr... at (no spam) gmail.com> wrote:
Quote: On 16 Sep., 11:58, "gra... at (no spam) gmilne.demon.co.uk"
gra... at (no spam) gmilne.demon.co.uk> wrote:
On 4 Sep, 18:06, Joseph McMillan <mcmillan... at (no spam) gmail.com> wrote:
On Sep 4, 8:11 am, Sean J Murphy <sjbmur... at (no spam) SPAMOUTeircom.net> wrote
quoting Mr. Shortt:
'However, during the period he was the MacCarthy Mor and prior to his
abdication and self-imposed exile ..."
Brilliant! Terence McCarthy/McCartney was never discredited at all;
he merely abdicated. So all the titles he granted are just as valid
as those of any other now-deposed monarch. Imagine such ingenuity
applied to worthwhile ends...the mind boggles.
Joseph McMillan
If the relevant heraldic authority, acting on behalf of the state and
within its powers, accepted these titles as valid in law then they are
valid in law. If the authorities got it wrong that is their problem;
people are entitled to rely on the state to get it right. There is a
parallel here in England with a writ of summons issued in error, which
was held to create a new peerage.
Congratulations, Baron Castleshort.
But with nobiliary titles, etc., not having any existence in the laws
of the Republic of Ireland, it is simply meaningless to say that a
recognition (erroneous or not) of Terence MacCarthy as the
representative of the MacCarthy Mor family should somehow endow the
titles invented by the latter as having any legal status. What the
then Chief Herald stated--perhaps not very wisely--was (IIRC) that he
had no objection to Terence MacCarthy "disposing" of any titles he
might have a claim to, but such a statement carries no legal weight
whatsoever in Irish law.
Best wishes,
Peter Kurrild-Klitgaard- Hide quoted text -
- Show quoted text -
I don't think this is correct. Unless titles are actually banned by
the constitution then the state is free to grant or recognize them.
So, unless otherwise banned, a title comes into existence by virtue of
the fact that it has been recognized by the state. You seem to coming
from the the viewpoint that nothing can be done unless it is
specifically approved. This is nonsense. |
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