[Executive Order] El Colétx Fiôván dels Armeux

[Istefan Perþonest]

On the advice of and in the name of the government of the Free Province of Fiôvâ, I hereby issue the following Executive Order:

WHEREAS, the art of heraldry enhances the cultural life and prestige of Talossa, and

WHEREAS, the current Kingdom College of Arms is mired in dissension whether those who refuse to swear allegiance to the monarchy are entitled to arms granted by that monarchy, and

WHEREAS, we believe that the republican-minded Talossan people should not be excluded from the heraldic tradition, and

WHEREAS, the granting of new coats of arms and crests should be encouraged and a simple procedure to obtain new arms should be created, now

THEREFORE the Free Province of Fiôvâ hereby establishes the Fiôvan College of Arms (in the national language: el Colétx Fiôván dels Armeux) with the following mandate:

a. Granting new arms and crests to individuals, organizations, and government departments that make a request to the College, whether Fiôvan or from other Talossan provinces;
b. The fostering of a republican tradition of heraldry in Talossan.

The College of Arms shall create and maintain flags and coats of arms and achievements granted by the Free Province of Fiôvâ (by law or by Executive Order), to advise and support the Cunstavál in the awarding of all such arms and all titles of honour and nobility, to advise the citizens regarding heraldic issues, and to govern the armorial practice and regulations of Fiôvâ.
The College of Arms shall be governed by a person designated as Four-Star Magistrate of Arms. The Magistrate shall be appointed by the Capitán. The Four-Star Magistrate of Arms shall be free to select other individuals to assist in his or her work.

Done on Monday, the twenty-first day of January, 2013, the first year of the existence of the Free Province of Fiôvâ, and of the independence of Talossa the thirty-fourth.

Istefan Perþonest
Cunstevál

[C. Carlüs Xheraltescù]

Countersigned,

C. Carlüs Xheraltescu

[D. N. Vercáriâ]

A little bit of artwork would be nice. After all our legislation seems to be our main industry by now, which might appear to become some sort of a cultural crispbread diet in the long run.

Therefor: Woohoo to the Executive Order.

[Miestrâ Schivâ, UrN]

Oh boo hoo, the monarchists are throwing a fit.

[C. Carlüs Xheraltescù]

Play nice, Citaxhien Schiva!

I would like to echo what Miestra said with regards to the injunction, though: the creation of a Provincial College of Arms is not prohibited by the laws which the Count cites, rather it provides legal backing for the existing Talossan College of Arms to present them. The laws do not grant them exclusivity in the field, however.

[Miestrâ Schivâ, UrN]

Quick, let's grant some arms. Me first!

[Deleted]

Not so fast:

Here, before me comes The Royal College of Arms, with petition for judicial relief for a matter requiring redress under the laws of the Kingdom of Talossa. S:reu Benjamin, seeking emergency injunction to block certain actions by the government of Fiova, comes before me in prayer for said remedy as permitted by the Organic Law Article XVI: Section 13:

Any judge or justice may issue court orders or injunctions according to the generally accepted principles of Anglo-American law…the final arbiter of the organicity of the injunctions is the Uppermost Cort of Talossa.

Background of the case

On or about 21 January 2013, a proclamation was made by Cunstuval Istefan Perþonest and countersigned by Capitan C. Carlüs Xheraltescu, thus authorizing said proclamation as law under the constitution of Fiova:

WHEREAS, the art of heraldry enhances the cultural life and prestige of Talossa, and

WHEREAS, the current Kingdom College of Arms is mired in dissension whether those who refuse to swear allegiance to the monarchy are entitled to arms granted by that monarchy, and

WHEREAS, we believe that the republican-minded Talossan people should not be excluded from the heraldic tradition, and

WHEREAS, the granting of new coats of arms and crests should be encouraged and a simple procedure to obtain new arms should be created, now

THEREFORE the Free Province of Fiôvâ hereby establishes the Fiôvan College of Arms (in the national language: el Colétx Fiôván dels Armeux) with the following mandate:

a. Granting new arms and crests to individuals, organizations, and government departments that make a request to the College, whether Fiôvan or from other Talossan provinces;
b. The fostering of a republican tradition of heraldry in Talossan.

The College of Arms shall create and maintain flags and coats of arms and achievements granted by the Free Province of Fiôvâ (by law or by Executive Order), to advise and support the Cunstavál in the awarding of all such arms and all titles of honour and nobility, to advise the citizens regarding heraldic issues, and to govern the armorial practice and regulations of Fiôvâ.
The College of Arms shall be governed by a person designated as Four-Star Magistrate of Arms. The Magistrate shall be appointed by the Capitán. The Four-Star Magistrate of Arms shall be free to select other individuals to assist in his or her work.

Petitioner alleges that this proclamation is a violation of Talossan Statute 34RZ13 as well as 35RZ24.

Analysis of Law

The respondent contends (in unsolicited argument before the court) that this action was not prohibited by relevant statute law and was protected by:

III§2: "All powers not vested in the Kingdom by this Organic Law shall be vested exclusively in the Provinces."

Dame Schiva also raises a question of jurisdiction, arguing that this case should be heard first in the Landsdoom of Fiova. However, as the alleged injured party is the Royal College of Arms, an office of the Royal Household created by Talossan statute, they are justified in seeking action in courts of the realm without first seeking the relief of the provincial judiciary.

The primary issue being whether the province, its cunstuval and premier, were authorized to enact this proclamation and whether the actions of the Fiovan College of Arms would be a violation of relevant law. The proclamation was, in terms of form, correctly done. It was duly counter-signed by the Capitan.

It is every province's right to form organizations not prohibited by Organic Law (i.e. a province cannot form its own bank and issue its own currency, according to the OrgLaw). However, these organizations are bound to operate within the confines of both provincial and Talossan (Organic and Statutory) Law.

As the proclamation clearly states that it is being formed in response to actions by the Royal College of Arms, the motives of its founders are to be considered. The formation of the Fiovan College of Arms was lawful under the Organic Law. However, the Fiovan College of Arms cannot engage in any activity which infringes upon the function and responsibilities of the Royal College of Arms.

While a Cunstuval derives his or her authority from the King, and vice regal assent is considered, in most cases, to be equivalent to royal assent, this does not mean that the Cunstuval can act as the King in all matters. The organic law is clear:

Article III Section 2: The King is the symbolic head of the nation. The nation democratically grants the King and his successors certain Royal Powers: The right to declare national holidays, grant titles of nobility, make the annual Speech From the Throne on the 26th of December (or at other times when events warrant), to veto bills (or Prime Dictates), to issue Writs of Dissolution and Warrants of Prorogation for the Cosâ, to grant pardons and commute sentences, to confer awards and decorations, to appoint the Seneschál after elections, and to appoint Governors of Territories upon the advice of the Seneschál.

The Cunstuval, unless granted special authority by letters patent, has no authority to grant titles of nobility. Yet, this proclamation vests this responsibility in the Fiovan College of arms. At a minimum, this function of the Fiovan College of Arms is inorganic and shall not be carried out under current law.

The proclamation also states:

WHEREAS, the granting of new coats of arms and crests should be encouraged and a simple procedure to obtain new arms should be created, now

THEREFORE the Free Province of Fiôvâ hereby establishes the Fiôvan College of Arms (in the national language: el Colétx Fiôván dels Armeux) with the following mandate:

Which clearly establishes that the purpose of this new institution is to circumvent the lawfully established Royal College of Arms.

RULING

When evaluating both the form of this proclamation and the stated intent of its authors, there exists sufficient question as to the organicity of this proclamation.

Therefore, I hereby enjoin the Fiovan College of Arms from the design, award or registration of any arms, crest or other heraldic device to any individual, this being the exclusive domain of the Royal College of Arms. The Fiovan College of Arms may continue to design and award crests for provincial government or private institutions, though no other province will be required to recognize said crests until they are registered with the Royal College of Arms.

This case is to be forwarded to the Magistracy for adjudication. Their decision may be appealed to the Uppermost Cort in accordance with Talossan law. Interested parties shall file applicable briefs with the clerk of courts for this matter to be heard.

I will also remind the people of Fiova that if they feel the Royal College of Arms is not executing its duties fairly or otherwise doing its civic duty, its recourse is legislative change (through the Ziu) or seeking judicial relief, not Starting your own agency to undermine another is not.

[Miestrâ Schivâ, UrN]

This injunction is badly written. To give two examples:

the Fiovan College of Arms cannot engage in any activity which infringes upon the function and responsibilities of the Royal College of Arms.

The Admiral gave no legal reference supporting this statement. Nowhere in the legislation setting up the RCA does it say that the RCA is the ONLY body which may grant arms in the Kingdom.

The Cunstuval, unless granted special authority by letters patent, has no authority to grant titles of nobility. Yet, this proclamation vests this responsibility in the Fiovan College of arms.

False on the facts. The FCA XO said nothing about "titles of nobility", which would furthermore be repugnant to our Republican traditions. Arms are not a title of nobility, especially since you can get one fresh out of the Immigration queue.

If we are to go to motives, clearly this injunction is politically rather than legally motivated - the final, emphasised paragraph shows its determination to prop up the existing institutions against a challenge. The decision on whether to contest this Injunction in the Magistrate's court is in the hands of the Capitán, but I heartily recommend him to do so.

[Sir Alexandreu Davinescu]

Jan 21, 2013 20:53:31 GMT -6 Miestrâ Schivâ, UrN said:

This injunction is badly written. To give two examples:

The Admiral gave no legal reference supporting this statement. Nowhere in the legislation setting up the RCA does it say that the RCA is the ONLY body which may grant arms in the Kingdom.

I believe the relevant clause is that "all" arms will be issued by the College.

Jan 21, 2013 20:53:31 GMT -6 Miestrâ Schivâ, UrN said:

False on the facts. The FCA XO said nothing about "titles of nobility", which would furthermore be repugnant to our Republican traditions. Arms are not a title of nobility, especially since you can get one fresh out of the Immigration queue.

Um. "The College of Arms shall create and maintain flags and coats of arms and achievements granted by the Free Province of Fiôvâ (by law or by Executive Order), to advise and support the Cunstavál in the awarding of all such arms and all titles of honour and nobility, to advise the citizens regarding heraldic issues, and to govern the armorial practice and regulations of Fiôvâ."

I guess you will immediately amend that part?

Jan 21, 2013 20:53:31 GMT -6 Miestrâ Schivâ, UrN said:

If we are to go to motives, clearly this injunction is politically rather than legally motivated - the final, emphasised paragraph shows its determination to prop up the existing institutions against a challenge. The decision on whether to contest this Injunction in the Magistrate's court is in the hands of the Capitán, but I heartily recommend him to do so.

I think it might have been motivated by the sentiment here that this institution should immediately begin awarding arms.

[Deleted]

False on the facts. The FCA XO said nothing about "titles of nobility", which would furthermore be repugnant to our Republican traditions. Arms are not a title of nobility, especially since you can get one fresh out of the Immigration queue.
.

Interesting, because the proclamation says:

The College of Arms shall create and maintain flags and coats of arms and achievements granted by the Free Province of Fiôvâ (by law or by Executive Order), to advise and support the Cunstavál in the awarding of all such arms and all titles of honour and nobility,to advise the citizens regarding heraldic issues, and to govern the armorial practice and regulations of Fiôvâ.

This is nothing but a temporary stay until the court can sort out this business. The petitioner raised organic concerns and I feel their argument has standing. It will be heard, and you will have a chance to be heard.

Perhaps, Dame Schiva, you could verify your facts and fully examine the circumstances before you make a baseless accusation against me.

Ad to everyone else, please forgive any grammatical errors. It is not easy writing extensively on an ipad.

[Miestrâ Schivâ, UrN]

Ah, well, guilty as charged on the "nobility" thing. I was cut-and-pasting quickly from the existing legislation and didn't notice it. Well, let's just say I didn't mean it, and agree with the Admiral that Fiôvâ has no business handing out titles of nobility.

Rest of my argument stands.

[Capt. Sir Mick Preston]

Jan 21, 2013 23:55:27 GMT -6 Miestrâ Schivâ, UrN said:

Ah, well, guilty as charged on the "nobility" thing. I was cut-and-pasting quickly from the existing legislation and didn't notice it. Well, let's just say I didn't mean it, and agree with the Admiral that Fiôvâ has no business handing out titles of nobility.

Rest of my argument stands.

I have a question here - I just noticed that while Dame Miestra tends to rail against all trappings of Royalty and Monarchy...

She still carries the moniker of "UrN" in her Witt name. Am I missing something?

[Miestrâ Schivâ, UrN]

Order of the Nation? How is that any more royalist than the French Legion of Honour? We fully intend to keep the Order of the Nation (Grubi would tear us a third cornshoot if we took his knighthood away), once John R retires and the Talossan Republic is restored.

[Capt. Sir Mick Preston]

Jan 22, 2013 0:35:06 GMT -6 Miestrâ Schivâ, UrN said:

Order of the Nation? How is that any more royalist than the French Legion of Honour? We fully intend to keep the Order of the Nation (Grubi would tear us a third cornshoot if we took his knighthood away), once John R retires and the Talossan Republic is restored.

You forgot " and when Hell Freezes Over" , I do believe?

[Miestrâ Schivâ, UrN]

Of course the Talossan monarchy is safe and sound. That's why monarchists are totally happy to grant citizenship and arms to outspoken republicans, and why they don't try to argue that republicans are ruining everyone else's fun. Oh wait.