Discussion:
Armorial register puzzles:
(too old to reply)
Guy Stair Sainty
2006-05-16 20:14:38 UTC
Permalink
Looking at the information provided by Count Fani, for his entry on the Armorial
register, you might want to check the following:

According to all other published sources on the titles granted by King Umberto
II, the title of Count was granted to descend by male primogeniture; there is no
right to transmit this to all descendants, nor to adoptive issue. (Ref:
Bolletino Ufficiale del Corpo della Nobilta Italiana, Anni XXVI-XXX, October
1987, p. 66, year 1963, 15 September “Fani, Amedeo, concessione Conte (mpr)”, in
the chapter Provvedimenti Nobiliari di Sua Maesta Umberto II, re d’Italia;
confirmed in the entries on this family in the Libro d’Oro della Nobilta
Italiana, Vol XXV, 2000-2004, volume 1; and Annuario della Nobilta Italiana,
2000, Volume 2, part III, sec II, p. 686).

The entry for Counts Travaglini is also slightly puzzling as this family appears
to have been omitted from the Elenco Ufficiale della Nobilta Italiana, and is
ignored by the Libro d’Oro della Nobilta Italiana and the Annuario della
Nobilita Italian, although there is another family of the same name, with the
title Visconte.

I am also puzzled by the entry for the Wahl-Walther family, Counts of Trenewan;
its omission from the Starke may be inadvertent, but what is absolutely certain
is that the King of Spain did not grant a “recognition of the County (Earldom)
Titles in Spain by virtue of Royal court degree, Palacio de La Zárzuéla, 9th
June 2005”. At best he or a member of his household answered a letter using that
title. Neither is there any princely family recorded in the registers of the
Russian nobility with the title “Prince Yaropolcha-Volokolamsky-Nikitsky," nor
are there any "Princes Doroshenko" to be found in any of the usual reference
sources.

The inclusion of these titles in the Register, without verification, gives the
impression they are endorsed by the register. I do not believe this is the
impression you want to give. May I suggest that the use of nobiliary titles both
of the family registered and their relations listed in the genealogies be
checked with a competent source, or not used?
--
Guy Stair Sainty
www.chivalricorders.org/index3.htm
Martin Goldstraw
2006-05-16 20:47:28 UTC
Permalink
Post by Guy Stair Sainty
Looking at the information provided by Count Fani, for his entry on the Armorial
According to all other published sources on the titles granted by King Umberto
II, the title of Count was granted to descend by male primogeniture; there is no
Bolletino Ufficiale del Corpo della Nobilta Italiana, Anni XXVI-XXX, October
1987, p. 66, year 1963, 15 September "Fani, Amedeo, concessione Conte (mpr)", in
the chapter Provvedimenti Nobiliari di Sua Maesta Umberto II, re d'Italia;
confirmed in the entries on this family in the Libro d'Oro della Nobilta
Italiana, Vol XXV, 2000-2004, volume 1; and Annuario della Nobilta Italiana,
2000, Volume 2, part III, sec II, p. 686).
The entry for Counts Travaglini is also slightly puzzling as this family appears
to have been omitted from the Elenco Ufficiale della Nobilta Italiana, and is
ignored by the Libro d'Oro della Nobilta Italiana and the Annuario della
Nobilita Italian, although there is another family of the same name, with the
title Visconte.
I am also puzzled by the entry for the Wahl-Walther family, Counts of Trenewan;
its omission from the Starke may be inadvertent, but what is absolutely certain
is that the King of Spain did not grant a "recognition of the County (Earldom)
Titles in Spain by virtue of Royal court degree, Palacio de La Zárzuéla, 9th
June 2005". At best he or a member of his household answered a letter using that
title. Neither is there any princely family recorded in the registers of the
Russian nobility with the title "Prince Yaropolcha-Volokolamsky-Nikitsky," nor
are there any "Princes Doroshenko" to be found in any of the usual reference
sources.
The inclusion of these titles in the Register, without verification, gives the
impression they are endorsed by the register. I do not believe this is the
impression you want to give. May I suggest that the use of nobiliary titles both
of the family registered and their relations listed in the genealogies be
checked with a competent source, or not used?
--
Guy Stair Sainty
www.chivalricorders.org/index3.htm
I am sorry Guy, I must have missed your emails to me on these matters.
Have you sent this correspondence to me?

Martin
p***@hotmail.com
2006-05-17 15:44:20 UTC
Permalink
GSS: Neither is there any princely family recorded in the registers of
the
Russian nobility with the title "Prince
Yaropolcha-Volokolamsky-Nikitsky," nor
are there any "Princes Doroshenko" to be found in any of the usual
reference
sources.

Guy is absolutely correct, there are no such families listed amongst
the princely houses of the Russian Empire. The triple barreled surname
of Yaropolcha-Volokolamsky-Nikitsky is an invention and the surname
Doroshenko, while a real Ukrainian surname, is not listed amongst the
surnames of the Ukrainian nobility in the book "Malorossiiskii
Gerbovnik" which was published in 1914.

David
Post by Martin Goldstraw
Post by Guy Stair Sainty
Looking at the information provided by Count Fani, for his entry on the Armorial
According to all other published sources on the titles granted by King Umberto
II, the title of Count was granted to descend by male primogeniture; there is no
Bolletino Ufficiale del Corpo della Nobilta Italiana, Anni XXVI-XXX, October
1987, p. 66, year 1963, 15 September "Fani, Amedeo, concessione Conte (mpr)", in
the chapter Provvedimenti Nobiliari di Sua Maesta Umberto II, re d'Italia;
confirmed in the entries on this family in the Libro d'Oro della Nobilta
Italiana, Vol XXV, 2000-2004, volume 1; and Annuario della Nobilta Italiana,
2000, Volume 2, part III, sec II, p. 686).
The entry for Counts Travaglini is also slightly puzzling as this family appears
to have been omitted from the Elenco Ufficiale della Nobilta Italiana, and is
ignored by the Libro d'Oro della Nobilta Italiana and the Annuario della
Nobilita Italian, although there is another family of the same name, with the
title Visconte.
I am also puzzled by the entry for the Wahl-Walther family, Counts of Trenewan;
its omission from the Starke may be inadvertent, but what is absolutely certain
is that the King of Spain did not grant a "recognition of the County (Earldom)
Titles in Spain by virtue of Royal court degree, Palacio de La Zárzuéla, 9th
June 2005". At best he or a member of his household answered a letter using that
title. Neither is there any princely family recorded in the registers of the
Russian nobility with the title "Prince Yaropolcha-Volokolamsky-Nikitsky," nor
are there any "Princes Doroshenko" to be found in any of the usual reference
sources.
The inclusion of these titles in the Register, without verification, gives the
impression they are endorsed by the register. I do not believe this is the
impression you want to give. May I suggest that the use of nobiliary titles both
of the family registered and their relations listed in the genealogies be
checked with a competent source, or not used?
--
Guy Stair Sainty
www.chivalricorders.org/index3.htm
I am sorry Guy, I must have missed your emails to me on these matters.
Have you sent this correspondence to me?
Martin
Joseph McMillan
2006-05-18 13:03:23 UTC
Permalink
Guy Stair Sainty wrote:

what is absolutely certain
Post by Guy Stair Sainty
is that the King of Spain did not grant a "recognition of the County (Earldom)
Titles in Spain by virtue of Royal court degree, Palacio de La Zárzuéla, 9th
June 2005".
Not to mention the niggling point that no Spanish document--whether
"degree" or "decree"--would put two accent marks on one word, let alone
a word that is correctly spelled with no accent marks at all. Nor, for
that matter, would the definite article "la" be capitalized.

Acknowledging that these are trivial points compared to the main issue
at hand.

Joseph McMillan
Alex
2006-05-20 15:32:59 UTC
Permalink
Greetings rec.heralrdy readers,

this is my first time writing on this newsgroup and I should like to
begin by answering a few questions posed as "slightly puzzling" by
Mr Guy Stair Sainty.

1. My Count status is quite transparent as my family started its
records from 1498 in the Pope's State as Counts of Mazzano;
2. On March, 1 st 1720, my family was granted as Patricians of Ferrara
(see "Registri delle deliberazioni" in Archivio Storico Comunale di
Ferrara [Registers of deliberation Archives of the City of Ferrara]
Register HH, pages 104 - 106) and on August 24th, 1726 we were
granted Patricians of Spoleto (see State Archives of Spoleto
"Riformanze" pages 51 and 52);
3. On January 27th, 1754, the Counts Domenico, Cesare and Filippo were
recorded as Patricians of Spoleto (see State Central Archives in Rome,
Prime Ministers Council Archives, Dept. Heraldic Council of the Kingdom
of Italy, file n° 3655);
4. On December 27th, 1827 HH Pope Leo XII issued a Bull declaring all
Patricians in the Pope's State "Counts": the title was confirmed
with an official Despatch by the Apostolic Delegate addressed to the
Count Carlo Travaglini on March, 26th, 1855 (see State Central Archives
in Rome, Prime Ministers Council Archives, Dept. Heraldic Council of
the Kingdom of Italy, file n° 3655);
5. During the Kingdom of Italy my grandfather, the Count Alfredo
(1881-1936), was recorded and published on "Bollettino Ufficiale
della Consulta Araldica"("Official Bulletin of the Heraldic Royal
Office", Volume V, N° 21, August 1900 - Rome);
6. The family's genealogy, was also recorded by the Consulta Araldica
(see State Central Archives in Rome, Prime Ministers Council Archives,
Dept. Heraldic Council of the Kingdom of Italy, file n° 3655).
Concluding, therefore, the person in question (it's me) remains
recognized a Count by the Holy See, a Sovereign State where nobility is
still a right and titles are granted; and furthermore used to be a
Count under the former Kingdom of Italy.
I will answer to anybody interested in the public state archives where
the documents above mentioned are kept.
I do not accept to be insulted and defamed in a private and even more
in a public contest, for this reason I'll consider any legal
measures, as attorney at law, to defend my honour and the honour of my
Family.


Kind regards,

Alessandro Travaglini, attorney at law
Law firm Travaglini
www.studiolegaletravaglini.com
CRFÓB
2006-05-21 10:48:20 UTC
Permalink
Post by Guy Stair Sainty
Looking at the information provided by Count Fani, for his entry on the Armorial
According to all other published sources on the titles granted by King Umberto
II, the title of Count was granted to descend by male primogeniture; there is no
Bolletino Ufficiale del Corpo della Nobilta Italiana, Anni XXVI-XXX, October
1987, p. 66, year 1963, 15 September "Fani, Amedeo, concessione Conte (mpr)", in
the chapter Provvedimenti Nobiliari di Sua Maesta Umberto II, re d'Italia;
confirmed in the entries on this family in the Libro d'Oro della Nobilta
Italiana, Vol XXV, 2000-2004, volume 1; and Annuario della Nobilta Italiana,
2000, Volume 2, part III, sec II, p. 686).
(... omissis ...)
Post by Guy Stair Sainty
The inclusion of these titles in the Register, without verification, gives the
impression they are endorsed by the register. I do not believe this is the
impression you want to give. May I suggest that the use of nobiliary titles both
of the family registered and their relations listed in the genealogies be
checked with a competent source, or not used?
As an occasional follower of this newsgroup little did I expect to be
subject to the attention of the various, recent attempts at slander and
ridicule. Indeed, it was not my intention to respond to this post at
all but numerous friends have counseled me otherwise.

I have nothing to add to the page already on Burke's International
Register of Arms where all the relevant information regarding my family
and me personally is made plainly available.

The Vatican Court decree confirming all that is written on the above
page is, as clearly mentioned, dated 30 January 2006. In all honesty,
would it not have been more "puzzling" if this decree had been
included in the sources Mr Stair Sainty quotes as reference as all
these were published prior to said date?! Should he choose to buy the
soon to be published latest edition of the "Annuario della Nobiltà
Italiana" he will find me in the section dealing with Vatican titles.

If, on the other hand, the decree itself is in question, I must refer
Mr Stair Sainty to the authority of the Supreme Pontiff in Rome, the
Apostolic Constitution Pastor Bonus of 28 June 1988, the Apostolic
Constitution Sacrae Disciplinae Leges and the Code of Canon Law of 25
January 1983 and the tribunals of the Holy See; the powers and scope of
whom and which, in his various capacities within the Catholic
brotherhoods he adheres to, I trust he is acquainted with.

I too shall be taking into consideration legal measures to counter such
denigration.

Cillian Roberto Fani Ó Broin
The Man
2006-05-21 14:42:36 UTC
Permalink
If the prior 2 messages are correct & Guy is incorrect, then what else
is Guy wrong about??

Guy claimed the Papal titles & San Marino awards were bogus, yet no
independent confirmation has yet been posted regarding that "scheme".

Guy, please provide a more thorough explanation or admit the errors so
we can more forward.
George Lucki
2006-05-21 20:18:24 UTC
Permalink
Post by Guy Stair Sainty
Looking at the information provided by Count Fani, for his entry on the Armorial
According to all other published sources on the titles granted by King Umberto
II, the title of Count was granted to descend by male primogeniture; there is no
Bolletino Ufficiale del Corpo della Nobilta Italiana, Anni XXVI-XXX, October
1987, p. 66, year 1963, 15 September "Fani, Amedeo, concessione Conte (mpr)", in
the chapter Provvedimenti Nobiliari di Sua Maesta Umberto II, re d'Italia;
confirmed in the entries on this family in the Libro d'Oro della Nobilta
Italiana, Vol XXV, 2000-2004, volume 1; and Annuario della Nobilta Italiana,
2000, Volume 2, part III, sec II, p. 686).
(... omissis ...)
Post by Guy Stair Sainty
The inclusion of these titles in the Register, without verification, gives the
impression they are endorsed by the register. I do not believe this is the
impression you want to give. May I suggest that the use of nobiliary titles both
of the family registered and their relations listed in the genealogies be
checked with a competent source, or not used?
As an occasional follower of this newsgroup little did I expect to be
subject to the attention of the various, recent attempts at slander and
ridicule. Indeed, it was not my intention to respond to this post at
all but numerous friends have counseled me otherwise.

I have nothing to add to the page already on Burke's International
Register of Arms where all the relevant information regarding my family
and me personally is made plainly available.

The Vatican Court decree confirming all that is written on the above
page is, as clearly mentioned, dated 30 January 2006. In all honesty,
would it not have been more "puzzling" if this decree had been
included in the sources Mr Stair Sainty quotes as reference as all
these were published prior to said date?! Should he choose to buy the
soon to be published latest edition of the "Annuario della Nobiltà
Italiana" he will find me in the section dealing with Vatican titles.

If, on the other hand, the decree itself is in question, I must refer
Mr Stair Sainty to the authority of the Supreme Pontiff in Rome, the
Apostolic Constitution Pastor Bonus of 28 June 1988, the Apostolic
Constitution Sacrae Disciplinae Leges and the Code of Canon Law of 25
January 1983 and the tribunals of the Holy See; the powers and scope of
whom and which, in his various capacities within the Catholic
brotherhoods he adheres to, I trust he is acquainted with.

I too shall be taking into consideration legal measures to counter such
denigration.

Cillian Roberto Fani Ó Broin

--------------
Clilan,
Thank you for joining the discussion. In your discussion with Guy about the
armorial register I am looking for some clarification -
Does the Italian title conferred by Umberto II almost twenty years after his
deposition actually specify all male and female heirs (as opposed to
primogeniture transmission) and does it specifically include transmission to
and through adpoted sons? If I read the register correctly you were adopted
by this gentleman as a young adult at around the age of 19-20 even though
your birth parents were still alive. Is the Ambassador Gearoid O Broin who
is currently Irish Ambassador to Finland
http://www.irelandnow.com/consulates.html your birth father? Is this way of
acquiring noble titles through (adult) adoption common in Italy? I've run
across the practice of adoption/marriage as a way of acquiring a 'noble'
name in Germany but of course that does not mean that someone has acquired
German nobility. I gather that in Italy it may. Can you describe the rules
around this.
I've recenly heard of the practice of having Vatican courts refer to
individuals by their noble titles (the Holy See still recognizing noble
titles - it is appropriate for their courts to refer to individuals by their
titles) but I have never seen such a court decree. Would it be too much
trouble to send or post a scan of the decree? I'm interested in reading such
a decree and in particular as to whether this is a matter dealt with within
a seperate matter brought before a Vatican court (and therefore only for
status within the specific matter) or whether it is a formal process of
recognition of foreign nobility for all purposes within the Vatican. The
armorial register uses a Vatican flag by your name to identify the source of
the arms/title. Should this in fact be Savoy (Italian royalist)?
Thanks for your clarifications.
Kind regards, George Lucki
The Man
2006-05-21 23:20:12 UTC
Permalink
At a yard sale today, I purchased a copy of a book titled "A New Book
of Rights" published by the Royal Eoghanacht Society.

Per page 56

"a letter (dated 12 June 1997) from H.E. Mr. Guy Stair Sainty, GCCN,
KJN, Vice-Chancellor of the Sacred Military Constantinian Order of St
George of Naples, an individual noted as an expert on the history of
chivalric Orders, addressed The MacCarthy Mor, Prince of Desmond, in
which the former (that's Guy) stated:"

"I fully and unreservedly accept that you have established your right
to the title of MacCarthy Mor, and the traditional style of Prince of
Desmond, as the representative of the ancient MacCarthy family, with
all the surviving rights that such a title implies...I also acknowledge
that the Niadh Nask is an honourable society of ancient Gaelic origin
and that you are it's Chief"

If Guy was wrong about the MacCarthy Mor, it stands to reason that his
assumptions about the individuals in the armorial register & the
Papal/San Marino honors alleged "scheme" can be wrong as well.
Andrew Chaplin
2006-05-22 02:32:36 UTC
Permalink
Post by The Man
At a yard sale today, I purchased a copy of a book titled "A New Book
of Rights" published by the Royal Eoghanacht Society.
Per page 56
"a letter (dated 12 June 1997) from H.E. Mr. Guy Stair Sainty, GCCN,
KJN, Vice-Chancellor of the Sacred Military Constantinian Order of St
George of Naples, an individual noted as an expert on the history of
chivalric Orders, addressed The MacCarthy Mor, Prince of Desmond, in
which the former (that's Guy) stated:"
"I fully and unreservedly accept that you have established your right
to the title of MacCarthy Mor, and the traditional style of Prince of
Desmond, as the representative of the ancient MacCarthy family, with
all the surviving rights that such a title implies...I also
acknowledge
Post by The Man
that the Niadh Nask is an honourable society of ancient Gaelic
origin
Post by The Man
and that you are it's Chief"
If Guy was wrong about the MacCarthy Mor, it stands to reason that his
assumptions about the individuals in the armorial register & the
Papal/San Marino honors alleged "scheme" can be wrong as well.
Hmmm, how does this fit into the chronology of the whole affair? I
think I'd like to see Mr. Murphy to wade in on this.
--
Andrew Chaplin
SIT MIHI GLADIUS SICUT SANCTO MARTINO
(If you're going to e-mail me, you'll have to get "yourfinger." out.)
s***@eircom.net
2006-05-22 10:05:40 UTC
Permalink
Andrew Chaplin wrote in reference to a 1997 letter of Guy Stair Sainty
Post by Andrew Chaplin
Hmmm, how does this fit into the chronology of the whole affair?
I think I'd like to see Mr. Murphy to wade in on this.
Guy of course can reply for himself, but I was aware of this letter,
forced as I understand it by Terence MacCarthy under threat of legal
action for defamation or perhaps 'criminal libel'. In 1997 MacCarthy
was still backed up by a certificate of recognition signed in 1992 by
both Irish Chief Herald Begley and the then Deputy and now Chief Herald
Gillespie. I was just embarking on my work of exposing MacCarthy, and
had I been asked then I would have expressed doubts about some of
MacCarthy's claims, but would not yet have been in a position to
produce proof positive that he was a fake. Indeed, had a case come to
court at that stage, it is not unlikely that the Office of the Chief
Herald would have claimed itself legally obliged to confirm the
validity of MacCarthy's certificate, as it was apparently doing
privately in response to individual requests. Fortunately, to date I
myself have only been rather vaguely threatened with legal action, but
there is no guarantee that I will never be hauled into court by a
determined 'chief' or 'feudal baron'. Things have been difficult
enough, for example, 'Mac Sweeney Doe' has recently posted on the
internet a serious but entirely false charge that I am in breach of
companies legislation by failing to register the Centre for Irish
Genealogical and Historical Studies as a business, which of course it
is not (http://www.sweeneyclanchief.com/id27.htm).

Sean Murphy
'Twilight of the Chiefs' extracts
http://homepage.eircom.net/%7Eseanjmurphy/chiefs/twilightextracts.html

PS Still having trouble posting from Mozilla, and Google Groups has
started to omit the text of the message to which reply is being made.
Tim Powys-Lybbe
2006-05-22 11:21:03 UTC
Permalink
Post by s***@eircom.net
PS Still having trouble posting from Mozilla, and Google Groups has
started to omit the text of the message to which reply is being made.
Not here when I tried it just now. Possibly Google has forgotten your
setting. Near the top of the page there is a tag <Show options>; click
on that and use the first tag <Reply> which, here at least, brings up a
properly quoted original note in your screen.
--
Tim Powys-Lybbe                                          ***@powys.org
             For a miscellany of bygones: http://powys.org
Andrew Chaplin
2006-05-22 12:49:54 UTC
Permalink
Post by s***@eircom.net
Andrew Chaplin wrote in reference to a 1997 letter of Guy Stair Sainty
Post by Andrew Chaplin
Hmmm, how does this fit into the chronology of the whole affair?
I think I'd like to see Mr. Murphy to wade in on this.
Guy of course can reply for himself, but I was aware of this letter,
forced as I understand it by Terence MacCarthy under threat of legal
action for defamation or perhaps 'criminal libel'. In 1997 MacCarthy
was still backed up by a certificate of recognition signed in 1992 by
both Irish Chief Herald Begley and the then Deputy and now Chief Herald
Gillespie. I was just embarking on my work of exposing MacCarthy, and
had I been asked then I would have expressed doubts about some of
MacCarthy's claims, but would not yet have been in a position to
produce proof positive that he was a fake. Indeed, had a case come to
court at that stage, it is not unlikely that the Office of the Chief
Herald would have claimed itself legally obliged to confirm the
validity of MacCarthy's certificate, as it was apparently doing
privately in response to individual requests.
I suspected as much. The letter does read like something one was
compelled to write for legal reasons, especially since it contains no
explanation for the belief--a "necessary and sufficient" statement of
the facts at issue.
Post by s***@eircom.net
Fortunately, to date I
myself have only been rather vaguely threatened with legal action, but
there is no guarantee that I will never be hauled into court by a
determined 'chief' or 'feudal baron'. Things have been difficult
enough, for example, 'Mac Sweeney Doe' has recently posted on the
internet a serious but entirely false charge that I am in breach of
companies legislation by failing to register the Centre for Irish
Genealogical and Historical Studies as a business, which of course it
is not (http://www.sweeneyclanchief.com/id27.htm).
The O'Connor and O'Hara in me would urge me to say, "Bring it on, Doe
Boy!" but I have been known for intemperate speech on occasion. I wish
you good hunting.

Rules of Engagement for debunkers: Keep your powder dry and do not
fire until you see the whites of their eyes.
--
Andrew Chaplin
SIT MIHI GLADIUS SICUT SANCTO MARTINO
(If you're going to e-mail me, you'll have to get "yourfinger." out.)
Dr
2006-05-22 16:44:10 UTC
Permalink
Post by s***@eircom.net
Andrew Chaplin wrote in reference to a 1997 letter of Guy Stair Sainty
Post by Andrew Chaplin
Hmmm, how does this fit into the chronology of the whole affair?
I think I'd like to see Mr. Murphy to wade in on this.
Guy of course can reply for himself, but I was aware of this letter,
forced as I understand it by Terence MacCarthy under threat of legal
action for defamation or perhaps 'criminal libel'. In 1997 MacCarthy
was still backed up by a certificate of recognition signed in 1992 by
both Irish Chief Herald Begley and the then Deputy and now Chief Herald
Gillespie. I was just embarking on my work of exposing MacCarthy, and
had I been asked then I would have expressed doubts about some of
MacCarthy's claims, but would not yet have been in a position to
produce proof positive that he was a fake. Indeed, had a case come to
court at that stage, it is not unlikely that the Office of the Chief
Herald would have claimed itself legally obliged to confirm the
validity of MacCarthy's certificate, as it was apparently doing
privately in response to individual requests. Fortunately, to date I
myself have only been rather vaguely threatened with legal action, but
there is no guarantee that I will never be hauled into court by a
determined 'chief' or 'feudal baron'. Things have been difficult
enough, for example, 'Mac Sweeney Doe' has recently posted on the
internet a serious but entirely false charge that I am in breach of
companies legislation by failing to register the Centre for Irish
Genealogical and Historical Studies as a business, which of course it
is not (http://www.sweeneyclanchief.com/id27.htm).
Sean Murphy
'Twilight of the Chiefs' extracts
http://homepage.eircom.net/%7Eseanjmurphy/chiefs/twilightextracts.html
PS Still having trouble posting from Mozilla, and Google Groups has
started to omit the text of the message to which reply is being made.
Try Firefox works excellent
George Lucki
2006-05-22 05:29:40 UTC
Permalink
Post by The Man
At a yard sale today, I purchased a copy of a book titled "A New Book
of Rights" published by the Royal Eoghanacht Society.
Per page 56
"a letter (dated 12 June 1997) from H.E. Mr. Guy Stair Sainty, GCCN,
KJN, Vice-Chancellor of the Sacred Military Constantinian Order of St
George of Naples, an individual noted as an expert on the history of
chivalric Orders, addressed The MacCarthy Mor, Prince of Desmond, in
which the former (that's Guy) stated:"
"I fully and unreservedly accept that you have established your right
to the title of MacCarthy Mor, and the traditional style of Prince of
Desmond, as the representative of the ancient MacCarthy family, with
all the surviving rights that such a title implies...I also acknowledge
that the Niadh Nask is an honourable society of ancient Gaelic origin
and that you are it's Chief"
If Guy was wrong about the MacCarthy Mor, it stands to reason that his
assumptions about the individuals in the armorial register & the
Papal/San Marino honors alleged "scheme" can be wrong as well.
Absolutely. He is not infallible. It is even possible that I might make
mistakes. :)
The question though is in each case - what are the facts of the matter? I
would suggest correcting any errors you might see with specific information.
With the Papal/San Marino honours "scheme", I've looked at the group
archives and the only individual I found mentioned was a David Pozzi and a
junior military officer in Italy.
http://groups.google.ca/group/rec.heraldry/browse_frm/thread/54fb2892a149a1c7/60eb7e89ba47a3e7?q=papal+knighthoods+forgeries&rnum=3#60eb7e89ba47a3e7
Are these the individuals you are referring to?
In terms of independnet confirmation of an investigation, there was an
article in the Corriere della Sera quoted in
http://groups.google.com/group/rec.heraldry/browse_frm/thread/d3de6f6f2e992fc2/6ca01f17fc1944e9?tvc=1#6ca01f17fc1944e9
Kind regards, George Lucki
Guy Stair Sainty
2006-05-22 18:22:56 UTC
Permalink
In article <***@j73g2000cwa.googlegroups.com>, The Man
says...
Post by The Man
At a yard sale today, I purchased a copy of a book titled "A New Book
of Rights" published by the Royal Eoghanacht Society.
Per page 56
"a letter (dated 12 June 1997) from H.E. Mr. Guy Stair Sainty, GCCN,
KJN, Vice-Chancellor of the Sacred Military Constantinian Order of St
George of Naples, an individual noted as an expert on the history of
chivalric Orders, addressed The MacCarthy Mor, Prince of Desmond, in
which the former (that's Guy) stated:"
"I fully and unreservedly accept that you have established your right
to the title of MacCarthy Mor, and the traditional style of Prince of
Desmond, as the representative of the ancient MacCarthy family, with
all the surviving rights that such a title implies...I also acknowledge
that the Niadh Nask is an honourable society of ancient Gaelic origin
and that you are it's Chief"
If Guy was wrong about the MacCarthy Mor, it stands to reason that his
assumptions about the individuals in the armorial register & the
Papal/San Marino honors alleged "scheme" can be wrong as well.
As has already been explained here and elsewhere I was threatened with a law
suit by Terence MacCarthy, brandishing the recognition by the Chief herald,
after I had specifically and publicly questioned his claims. In this same letter
I stated (and MacCarthy did not publish this portion) that I did not consider
the Niadh Nask to be an ancient and historic Order and that i did not consider
he had the right to confer baronial or any other titles. Until the forgeries and
falsifications he had clearly perpetrated (and which I had recognized, hence my
challenge) were exposed thanks to the researches of Sean Murphy, whereupon
MacCarthy retreated from the fray, it would have been an unnecessary financial
risk to go into court as long as it seemed likely the Chief herald would stand
by his recognition.

However, in the end I was proved right, as were others who had questioned
Terence MacCarthy's pretensions.
--
Guy Stair Sainty
www.chivalricorders.org/index3.htm
StephenP
2006-05-23 16:08:03 UTC
Permalink
I have been doing my best to follow the various pros & cons of this
thread but I fear I may be losing the plot. With the (Soccer) World
Cup looming perhaps I can mangle a few football analogies.

Guy Stair Sainty has taken three shots at the Register's Goal;

1. Counts of Trenewan
2. Count Fani
3. Counts Travaglini

The first - This was on target but the Register got there first. So no
score.

The second - There still seems to be a lot of scrabbling around in
the goalmouth. No score or a clear save so far.

The third - This strike has gone all quiet. Has Guy booted it past
the keeper in to the top right corner or has he missed the goal by a
mile? Where is the referee to clear things up?
WILLIAM BALDWIN JR
2006-05-23 17:06:40 UTC
Permalink
Post by StephenP
I have been doing my best to follow the various pros & cons of this
thread but I fear I may be losing the plot. With the (Soccer) World
Cup looming perhaps I can mangle a few football analogies.
Guy Stair Sainty has taken three shots at the Register's Goal;
1. Counts of Trenewan
2. Count Fani
3. Counts Travaglini
The first - This was on target but the Register got there first. So no
score.
*claims* to have gotten there first. Did GSS concede this one and/or did the
register prove it?
Post by StephenP
The second - There still seems to be a lot of scrabbling around in
the goalmouth. No score or a clear save so far.
The third - This strike has gone all quiet. Has Guy booted it past
the keeper in to the top right corner or has he missed the goal by a
mile? Where is the referee to clear things up?
Ball still in play.

Apparently the score is close, and it is still "anybody's game." Stay tuned,
it's gonna get interesting.....
Guy Stair Sainty
2006-05-23 19:08:18 UTC
Permalink
Post by WILLIAM BALDWIN JR
Post by StephenP
I have been doing my best to follow the various pros & cons of this
thread but I fear I may be losing the plot. With the (Soccer) World
Cup looming perhaps I can mangle a few football analogies.
Guy Stair Sainty has taken three shots at the Register's Goal;
1. Counts of Trenewan
2. Count Fani
3. Counts Travaglini
The first - This was on target but the Register got there first. So no
score.
*claims* to have gotten there first. Did GSS concede this one and/or did the
register prove it?
Post by StephenP
The second - There still seems to be a lot of scrabbling around in
the goalmouth. No score or a clear save so far.
The third - This strike has gone all quiet. Has Guy booted it past
the keeper in to the top right corner or has he missed the goal by a
mile? Where is the referee to clear things up?
Ball still in play.
Apparently the score is close, and it is still "anybody's game." Stay tuned,
it's gonna get interesting.....
Frankly I have lost interest. Aside from awaiting with only slight interest as
to whether Honorary Patriciates of Ferrara were indeed converted into comital
titles, I do not believe that anything else that might emanate from the two
protagonists in this matter, along with the silly threats of legal action, will
be of much interest.

I think it probable that at some point the issue will be publicly clarified and
the pretended jurisdiction over "Jerusalem" titles and the claims of adoptive
issue to succeed as if they were natural dismissed as the nonsense it evidently
is. In the meanwhile I am departing the fray.
--
Guy Stair Sainty
www.chivalricorders.org/index3.htm
WILLIAM BALDWIN JR
2006-05-23 23:11:54 UTC
Permalink
Post by Guy Stair Sainty
the claims of adoptive
issue to succeed as if they were natural dismissed as the nonsense it evidently
is.
Much of the rest of it, I can see being so blithely dismissed. There are
*many* people however, who equate adoptive issue as the legal equivalent of
natural issue for all purposes other than biology. Indeed, in most legal
systems that is the actual definition and purpose of adoption. Dismissing it
as "nonsense" is rather insulting and cruel.

It's one thing to say "That's the way it is, right, wrong, or stupid, don't
like it write a letter to the editor.." It's quite another to dismiss the
claimant's adoptive arguments, and the register's enlightened willingness to
at least entertain it, as "nonsense".
--
WILLIAM BALDWIN JR
MBA HCM student
Ground below Zero
New Orleans, La (central time zone)
www.coastguardauxiliaryfc61.org
The Man
2006-05-23 23:51:58 UTC
Permalink
Leaving the whole MacCarthy Mor situation aside, what happens to these
recent Papal Court Rulings??

Must a Catholic order (Malta or St George for example) recognize these
rulings when considering these "titleholders" for membership or
promotion??

Can a Catholic founded institution question a court ruling by a Papal
Court?

Is not the Pope the Supreme Catholic Monarch in the world?? He must
approve the Grand Master of Malta, for example.

Catholic Kings bow to him, not the other way around.

As we say in the USA "Houston, we have a problem"!!
Guy Stair Sainty
2006-05-24 10:09:39 UTC
Permalink
In article <***@u72g2000cwu.googlegroups.com>, The Man
says...
Post by The Man
Leaving the whole MacCarthy Mor situation aside, what happens to these
recent Papal Court Rulings??
Must a Catholic order (Malta or St George for example) recognize these
rulings when considering these "titleholders" for membership or
promotion??
No, and I am sure they do not.
Post by The Man
Can a Catholic founded institution question a court ruling by a Papal
Court?
Of course; these rulings are even appealed to second and third degree courts.
The issue is not a matter of canon law, but nobiliary law, and this was not part
of canon law.
Post by The Man
Is not the Pope the Supreme Catholic Monarch in the world?? He must
approve the Grand Master of Malta, for example.
No, first of all the Congress of Vienna removed any remaining element of Papal
investiture of inferior sovereignties. Secondly the 1999 Constitution and Code
of the SMOM no longer requires Papal approval of the election of the Grand
Master, only that His Holiness is "informed" thereof.
--
Guy Stair Sainty
www.chivalricorders.org/index3.htm
Guy Stair Sainty
2006-05-23 17:38:07 UTC
Permalink
In article <***@38g2000cwa.googlegroups.com>, StephenP
says...
Post by StephenP
I have been doing my best to follow the various pros & cons of this
thread but I fear I may be losing the plot. With the (Soccer) World
Cup looming perhaps I can mangle a few football analogies.
Guy Stair Sainty has taken three shots at the Register's Goal;
1. Counts of Trenewan
2. Count Fani
3. Counts Travaglini
The first - This was on target but the Register got there first. So no
score.
The register did not get there first - it was only removed after I pointed out
the obviously egregious errors, despite the "careful checking" done by the
register in advance of posting new entries.
Post by StephenP
The second - There still seems to be a lot of scrabbling around in
the goalmouth. No score or a clear save so far.
I await a response as to why the papal brief of 1876 considered binding in 1992
is no longer binding on Papal titles, and a serious explanation of how a
diocesan court can rule on foreign titles of nobility. With much to see about
the historical inexistence of a "nobility" of the kingdom of Jerusalem which can
somehow be reinvigorated, or reinvented in the 21st century.
Post by StephenP
The third - This strike has gone all quiet. Has Guy booted it past
the keeper in to the top right corner or has he missed the goal by a
mile? Where is the referee to clear things up?
I questioned the title of Count; I looked in my copy of the Consulta Araldica
report of 1903 that lists all the families accepted then as patricians of
Ferrara or Spoleto; no Travaglini appears under Ferrara, but a family named
Zacchei Travaglini is listed as patricians of Spoleto, and in the 1823 report of
the Gonfaloniere of Spoleto to the Secretary of State, the same family was
named.

I have been sent a copy of the relvant page of the regional Bolletino of 1900,
listing the Travaglini as honorary patricians of Ferrara which was not (for some
reason) included in the national consulta araldica report of three years later.

But I did not question the patriciate in my original post, I posed a question
regarding the use of the comital title and have been told that all patriciaates
of Ferrara were converted to counts by two 19th century Papal briefs whose dates
I have been given without the texts. This may well be so, but I had questioned
it only because it was included in the register without ever having been
published previosuly as far as I could tell. Furthermore, I remain puzzled as to
why several other families of Ferrara patricians do not use the comital title,
to which they would presumable be entitled if all had been so converted.
--
Guy Stair Sainty
www.chivalricorders.org/index3.htm
Martin Goldstraw
2006-05-23 19:00:53 UTC
Permalink
Post by Guy Stair Sainty
The register did not get there first - it was only removed after I pointed out
the obviously egregious errors, despite the "careful checking" done by the
register in advance of posting new entries.
I have never defended the fact that the register uploaded the page in
question - it has been pointed out more than once in a very polite way
to Mr Sainty that although we were grateful to him, he did not bring
the matter to our attention; it was already under review and a decision
had been made to delete the entry. The web master had been emailed with
an instruction to do so and it was simply a matter of timing. For Mr
Sainty to continue to assert that we were only alerted to the nature of
this page by him is too self congratulatory by anyone's standards.
Post by Guy Stair Sainty
Please note that after my first, very polite inquiry posted here, I replied with
details of my concerns in a private email, and sent more details yesterday; you
chose not to reply but instead are posting here.
It should be noted that it was indeed Mr. Sainty who first raised the
matter publicly but in the above he misleads the reader into thinking
that there have been no replies at all to his private correspondence in
this matter. After I had sent an email to him expressing our concerns
that he had not seen fit to ask his questions directly he did indeed
reply privately with details of his own concerns and he in turn
received a reply from us. He responded privately but all the while
continued to post here publicly dissecting our replies to him. He then
has the audacity to accuse us of choosing to post here with a public
reply to all whose curiosity had been raised. It would seem that it is
perfectly acceptable for him to continue posting while private
correspondence is taking place but it is not acceptable for us to place
our own views in the public arena.
Post by Guy Stair Sainty
I am simply stupified that what was a simple and reasonable inquiry about the
remainder of a noble title is considered "a matter of dispute" worthy of the
attention of lawyers. This says much more about you, how you view your registry
and your registrants than it does about the merits or otherwise of their case.
How can this not be a matter of dispute worthy of the attention of
lawyers? The gentlemen concerned maintain that Mr. Sainty has cast
doubt on their honesty - they have a right to seek what redress they
wish and that is a matter for them. If Mr. Sainty's argument has
sufficient merit then he has absolutely nothing to fear and the whole
would be the better for the airing.
Post by Guy Stair Sainty
neither here nor anywhere else have I claimed to be a good, bad or indifferent
Catholic
This whole dispute seems to revolve around the acceptance or otherwise
of a Catholic tribunal and a Catholic ruling. As one of the most senior
representatives in a Catholic Order of Chivalry, an order whose
statutes practically require devotion bordering on excellence, it would
be difficult to assess Mr. Sainty as anything other than a good
Catholic. Membership of such an Order, particularly when holding such a
trusted post within it, must surely be a public proclamation of ones
faith and devotion to the Catholic Church.
Post by Guy Stair Sainty
If you actually intend to drag me before the Apostolic Segnatura, then
please do so, but I really do not think you should make a bigger fool of
yourself than you hqave done already.
It is not I who intend to drag you before the Apostolic Segnatura - you
have clearly misread the post made earlier. I am content to say that
the register is satisfied that the gentlemen hold the titles claimed
and that we have seen documentation to that effect. If this is not good
enough for Mr. Sainty then fortunately it is good enough for a Catholic
tribunal and it now a matter between him and the gentlemen concerned.
Whether the two gentlemen whose honour he has placed in doubt wish to
seek redress before the Apostolic Segnatura is a matter for them but
it does not assist Mr. Sainty's case by calling those who have a
different view to his own, and seek redress through the courts, fools.

Martin Goldstraw
Guy Stair Sainty
2006-05-23 19:58:21 UTC
Permalink
In article <***@j55g2000cwa.googlegroups.com>, Martin
Goldstraw says...
Post by Martin Goldstraw
Post by Guy Stair Sainty
The register did not get there first - it was only removed after I pointed out
the obviously egregious errors, despite the "careful checking" done by the
register in advance of posting new entries.
I have never defended the fact that the register uploaded the page in
question - it has been pointed out more than once in a very polite way
to Mr Sainty that although we were grateful to him, he did not bring
the matter to our attention; it was already under review and a decision
had been made to delete the entry. The web master had been emailed with
an instruction to do so and it was simply a matter of timing. For Mr
Sainty to continue to assert that we were only alerted to the nature of
this page by him is too self congratulatory by anyone's standards.
Post by Guy Stair Sainty
Please note that after my first, very polite inquiry posted here, I replied with
details of my concerns in a private email, and sent more details yesterday; you
chose not to reply but instead are posting here.
It should be noted that it was indeed Mr. Sainty who first raised the
matter publicly but in the above he misleads the reader into thinking
that there have been no replies at all to his private correspondence in
this matter. After I had sent an email to him expressing our concerns
that he had not seen fit to ask his questions directly he did indeed
reply privately with details of his own concerns and he in turn
received a reply from us. He responded privately but all the while
continued to post here publicly dissecting our replies to him.
That, mr Goldsworthy is untrue. I did not post again until your Count Fani
threatened me with a law suit. I suppose at this point it is too much to expect
Mr Goldsworthy to respect the truth, but to reharse this, I posted my first
comment on 16 May; Mr Goldsworthy replied publicly and in email immedciately
afterwards but I did not see it (as I went out to dinner) until the next day.
There were 2 response from regular contributors and then an attack by your Count
Fani, who threatened legal action. This was followed by 9 more posts, until I
responded to the threat of legal action on the 22nd May, six days after my first
post.

So much for Mr Goldsworthy's respect for facts (and of course too much to expect
him to apologise for his willnginess to twist the facts). .

He then
Post by Martin Goldstraw
has the audacity to accuse us of choosing to post here with a public
reply to all whose curiosity had been raised. It would seem that it is
perfectly acceptable for him to continue posting while private
correspondence is taking place but it is not acceptable for us to place
our own views in the public arena.
That is ridiculous. I welcome serious discussion, but not irrelevant attacks on
my religious faith.
Post by Martin Goldstraw
Post by Guy Stair Sainty
I am simply stupified that what was a simple and reasonable inquiry about the
remainder of a noble title is considered "a matter of dispute" worthy of the
attention of lawyers. This says much more about you, how you view your registry
and your registrants than it does about the merits or otherwise of their case.
How can this not be a matter of dispute worthy of the attention of
lawyers? The gentlemen concerned maintain that Mr. Sainty has cast
doubt on their honesty - they have a right to seek what redress they
wish and that is a matter for them. If Mr. Sainty's argument has
sufficient merit then he has absolutely nothing to fear and the whole
would be the better for the airing.
I have not cast doubt on anyone's honesty (except just now yours, demonstrably
proven to be in doubt from the above post); I questioned and continue to
question the jurisdiction of an ecclesiastical court whose decree I have read
and which I consider mistaken, and beyond the court's competence. How this is an
attack on anyone's honesty is beyond me.
Post by Martin Goldstraw
Post by Guy Stair Sainty
neither here nor anywhere else have I claimed to be a good, bad or indifferent
Catholic
This whole dispute seems to revolve around the acceptance or otherwise
of a Catholic tribunal and a Catholic ruling. As one of the most senior
representatives in a Catholic Order of Chivalry, an order whose
statutes practically require devotion bordering on excellence, it would
be difficult to assess Mr. Sainty as anything other than a good
Catholic. Membership of such an Order, particularly when holding such a
trusted post within it, must surely be a public proclamation of ones
faith and devotion to the Catholic Church.
Again ridiculous. Neither I, nor now any of the serious scholars (Including one
of the nest known Italian heraldic specialists) I have consulted give any
credence to the concept that the Perugia diocesan tribunal has jurisdiction over
Italian titles, nor can it alter the requirement that heirs to titles be both
natural and legitimate. Doubting this competence doe snot in any way reflect
upon my faith or my obedience to the Magisterium of the Church.
Post by Martin Goldstraw
Post by Guy Stair Sainty
If you actually intend to drag me before the Apostolic Segnatura, then
please do so, but I really do not think you should make a bigger fool of
yourself than you hqave done already.
It is not I who intend to drag you before the Apostolic Segnatura - you
have clearly misread the post made earlier. I am content to say that
the register is satisfied that the gentlemen hold the titles claimed
and that we have seen documentation to that effect. If this is not good
enough for Mr. Sainty then fortunately it is good enough for a Catholic
tribunal and it now a matter between him and the gentlemen concerned.
Whether the two gentlemen whose honour he has placed in doubt wish to
seek redress before the Apostolic Segnatura is a matter for them but
it does not assist Mr. Sainty's case by calling those who have a
different view to his own, and seek redress through the courts, fools.
I will leave it to your readers to decide whether your decision to accept that
an Italian title can pass by adoption on the basis of a decree concerning it
issued by a diocesan ecclesiastical tribunal is sensible or reasonable.
--
Guy Stair Sainty
www.chivalricorders.org/index3.htm
Martin Goldstraw
2006-05-23 20:26:33 UTC
Permalink
GSS said
Post by Guy Stair Sainty
I will leave it to your readers to decide whether your decision to accept that
an Italian title can pass by adoption on the basis of a decree concerning it
issued by a diocesan ecclesiastical tribunal is sensible or reasonable.
I accept that a Court can accept said facts.

I do not answer for the posts made by others on this forum.

I will not rise to the rest of your hysteria. Your dispute lies with
others.

Martin Goldstraw (not Goldsworthy)
Guy Stair Sainty
2006-05-22 18:18:10 UTC
Permalink
Post by CRFÓB
Post by Guy Stair Sainty
Looking at the information provided by Count Fani, for his entry on the Armorial
According to all other published sources on the titles granted by King Umberto
II, the title of Count was granted to descend by male primogeniture; there is no
Bolletino Ufficiale del Corpo della Nobilta Italiana, Anni XXVI-XXX, October
1987, p. 66, year 1963, 15 September "Fani, Amedeo, concessione Conte (mpr)", in
the chapter Provvedimenti Nobiliari di Sua Maesta Umberto II, re d'Italia;
confirmed in the entries on this family in the Libro d'Oro della Nobilta
Italiana, Vol XXV, 2000-2004, volume 1; and Annuario della Nobilta Italiana,
2000, Volume 2, part III, sec II, p. 686).
(... omissis ...)
Post by Guy Stair Sainty
The inclusion of these titles in the Register, without verification, gives the
impression they are endorsed by the register. I do not believe this is the
impression you want to give. May I suggest that the use of nobiliary titles both
of the family registered and their relations listed in the genealogies be
checked with a competent source, or not used?
As an occasional follower of this newsgroup little did I expect to be
subject to the attention of the various, recent attempts at slander and
ridicule. Indeed, it was not my intention to respond to this post at
all but numerous friends have counseled me otherwise.
I have nothing to add to the page already on Burke's International
Register of Arms where all the relevant information regarding my family
and me personally is made plainly available.
The Vatican Court decree confirming all that is written on the above
page is, as clearly mentioned, dated 30 January 2006. In all honesty,
would it not have been more "puzzling" if this decree had been
included in the sources Mr Stair Sainty quotes as reference as all
these were published prior to said date?! Should he choose to buy the
soon to be published latest edition of the "Annuario della Nobiltà
Italiana" he will find me in the section dealing with Vatican titles.
I have read the decree, which is made by an Ecclesiastical diocesan court and
not by a "Vatican" tribunal. It purports to alter the original remainder of a
title conferred by king Umberto II on the premise that the King also used the
titles of King of Jerusalem, Cyprus and Armenia etc, and that as these dignities
were originally vested in the house of Savoy by the Pope, that the Papacy
somehow had jurisdiction over the remainder of titles by King Umberto (and the
heirs of other titles granted by foreign sovereigns whose thrones were once upon
a time under papal authority). Furthermore, this premise was extended to state
that the remainder could be altered not only to extend the title (limited in the
original patent to male primogeniture heirs) to all heirs, male and female, but
to adoptive issue.

It is my view that this is absolute nonsense, and merely because King Umberto
included these ancient regnal dignities among his grand titles was never
considered any basis for the conferral of a title – before the acquisition of
the Kingdom first of Sicily and then Sardinia, the Dukes of Savoy were just
that, and Imperial Vicars, and did not confer titles as “King of Jerusalem and
Cyprus” even though using these styles. King Umberto’s conferrals of titles were
made as King of Italy and under the laws regulating the nobility established by
the Savoy Monarchy, not by the ancient Jerusalem Crown – indeed there is no
record as far as I know of the kings of Jerusalem when reigning conferring any
hereditary titles, even though they did confer certain feudal tenancies as
immediate fiefs in the Holy Land (but none of these were held for more than 3
generations). By what magic can a royal prerogative that never existed, be
converted into a reality in the 21st century? The Crown of Cyprus and its
prerogatives passed to Venice in 1489; if the Kings created any hereditary
titles they were certainly feudatory and territorial and not palatine.


I found this concept contradictory to every established principle of nobiliary
law and have therefore made some further inquiries. As a result of these
inquiries I am satisfied that no diocesan court has any jursidiction to vary the
original remainder of Papal titles, and certainly not foreign titles.

Furthermore, Italian noble titles specifically and unambiguously required that
titles pass only to legitimate and natural heirs; adoptive heirs are certainly
now legitimate but they are *not* natural. I have also determined that as
recently as 1992, and subsequent to the promulgation of the present Code of
Canon Law, the Holy See rejected a petition to vary a Papal title to a cognatic
heiress; in its response the Holy See confirmed that Papal titles continued to
be governed by the Papal Brief of Pius IX of 18 September 1876 which determined,
among other matters, that the succession to Pontifical titles must pass
exclusively through legitimate and natural male succession. This Brief does not
allow for the passage of titles by adoption, nor through females, nor does it
include any regulation regarding foreign titles.

If there is any doubt in this matter, then I suggest to correct it the recipient
of the court decree promptly refer to the Secretariat of State and ask if,
indeed, the Brief of 1876 has been superseded or amended to embrace succession
to adoptive issue.
Post by CRFÓB
If, on the other hand, the decree itself is in question, I must refer
Mr Stair Sainty to the authority of the Supreme Pontiff in Rome, the
Apostolic Constitution Pastor Bonus of 28 June 1988, the Apostolic
Constitution Sacrae Disciplinae Leges and the Code of Canon Law of 25
January 1983 and the tribunals of the Holy See; the powers and scope of
whom and which, in his various capacities within the Catholic
brotherhoods he adheres to, I trust he is acquainted with.
None of this is anything to do with the conferral of titles, granted by the Pope
in his sovereign capapcity and subject to ecclesiastical supervision only in the
requirement that succession to such titles pass to Catholics, born of Catholic
marriage.
Post by CRFÓB
I too shall be taking into consideration legal measures to counter such
denigration.
Quite why this is denigration I do not know; but if you want to waste your time
and money on lawyers then I shall await their reaction with interest.
--
Guy Stair Sainty
www.chivalricorders.org/index3.htm
George Lucki
2006-05-22 19:29:04 UTC
Permalink
Post by Guy Stair Sainty
Post by CRFÓB
Post by Guy Stair Sainty
Looking at the information provided by Count Fani, for his entry on the Armorial
According to all other published sources on the titles granted by King Umberto
II, the title of Count was granted to descend by male primogeniture;
there
is no
Bolletino Ufficiale del Corpo della Nobilta Italiana, Anni XXVI-XXX, October
1987, p. 66, year 1963, 15 September "Fani, Amedeo, concessione Conte (mpr)", in
the chapter Provvedimenti Nobiliari di Sua Maesta Umberto II, re d'Italia;
confirmed in the entries on this family in the Libro d'Oro della Nobilta
Italiana, Vol XXV, 2000-2004, volume 1; and Annuario della Nobilta Italiana,
2000, Volume 2, part III, sec II, p. 686).
(... omissis ...)
Post by Guy Stair Sainty
The inclusion of these titles in the Register, without verification,
gives
the
impression they are endorsed by the register. I do not believe this is the
impression you want to give. May I suggest that the use of nobiliary titles both
of the family registered and their relations listed in the genealogies be
checked with a competent source, or not used?
As an occasional follower of this newsgroup little did I expect to be
subject to the attention of the various, recent attempts at slander and
ridicule. Indeed, it was not my intention to respond to this post at
all but numerous friends have counseled me otherwise.
I have nothing to add to the page already on Burke's International
Register of Arms where all the relevant information regarding my family
and me personally is made plainly available.
The Vatican Court decree confirming all that is written on the above
page is, as clearly mentioned, dated 30 January 2006. In all honesty,
would it not have been more "puzzling" if this decree had been
included in the sources Mr Stair Sainty quotes as reference as all
these were published prior to said date?! Should he choose to buy the
soon to be published latest edition of the "Annuario della Nobiltà
Italiana" he will find me in the section dealing with Vatican titles.
I have read the decree, which is made by an Ecclesiastical diocesan court and
not by a "Vatican" tribunal. It purports to alter the original remainder of a
title conferred by king Umberto II on the premise that the King also used the
titles of King of Jerusalem, Cyprus and Armenia etc, and that as these dignities
were originally vested in the house of Savoy by the Pope, that the Papacy
somehow had jurisdiction over the remainder of titles by King Umberto (and the
heirs of other titles granted by foreign sovereigns whose thrones were once upon
a time under papal authority). Furthermore, this premise was extended to state
that the remainder could be altered not only to extend the title (limited in the
original patent to male primogeniture heirs) to all heirs, male and female, but
to adoptive issue.
Thanks. The following is based on your description of the ruling. I trust
there is a seperate basis for the title because basing it on this ruling
apparently creates a rather weak and implausible basis. I think that the
ruling seems flawed but it does contain a fascinating logic.

The first issue is of juridiction. A diocesan court (it should be clarified
in the register that this was not a decision of the Holy See but that of a
local church)? Certainly the matters presented to this court appear on the
face of it to greatly exceed the competencies of the court. What is
particularly funny is that if one followed the implications, this court
would be asserting that any act of the Savoy monarchy has continued in the
eyes of the Church to be subject to Church law (rather than the laws and
decrees of the Italian Kingdom) and that the competent authority to alter
Umberto's decrees is not his heir but a diocesan church tribunal. The
tribunal by extension would seem to assert that nobillary grants of the
Savoy monarchy are in fact nobillary grants of the Church and so subject to
extension and ammendment by the Church.

Even were this the case (still chuckling) then it would also be the
assertion of the court that the titles of nobility conferred by the Italian
Savoy kings were within the jurisidction of the lowest church courts and
that these courts had the jurisidction to create in fact what amounted to
new nobility. No need for the Pope to create titles when the lowest courts
have taken on the power to create them directly. Perhaps they could be
extended further not only to all heirs male and female and adoptive issue -
why not everyone related in the 5th degree by marriage. Sheesh. I would be
pleased to see this ruling and read it myself. It seems based on your
description of it to be odd. While it is likely that no one would have had
the interest to challenge the ruling that it cannot have any effect much
like a court decision that would have altered the colour of the sky.

I would urge the interested party to seek confirmation from the Secretariat
of State of the Holy See directly that they have accepted the decision of
the tribunal and recognize the title. I would also be interested in knowing
what the Prince of Naples thinks of the alterations made to his father's
decrees by the dioscesan court. Has he been asked to extend the title to
Cesare Fani's adoptive son?

My bottom line would be that no diocesan court has the authority to extend
any foreign (including Savoy) ennoblements and even in terms of the Roman
Nobility - it would be only the Roman Pontiff who would have the authority
to alter a decree of one of his predecessors.

Or maybe I should see what the local diocesan court could do for me? Like
many thrones, the Polish crown was established with Papal permission. By the
same logic it would seem appropriate that a local church tribunal in
Edmonton or elsewhere to be the appropriate venue for such 'Papal' titles.
:)

Kind regards, George Lucki
Guy Stair Sainty
2006-05-22 20:09:45 UTC
Permalink
In article <4iocg.181538$***@pd7tw3no>, George Lucki says...

Here is the decree (I havce cut the older ancestry of the petitioner.
Post by George Lucki
My bottom line would be that no diocesan court has the authority to extend
any foreign (including Savoy) ennoblements and even in terms of the Roman
Nobility - it would be only the Roman Pontiff who would have the authority
to alter a decree of one of his predecessors.
TRIBUNAL ECCLESISTICUM DIOECESIANUM PERUSIAE

Decreto
Oggi 30 Gennaio 2006, visto il ricorso di accertamento di discendenza per
filiazione legittima patrilineare, ex can. 101, presentato da Cillian Roberto
FANI O’Broin, nato a Perugia il 12 Agosto 1976 ed ivi domiciliato in via XX
Settembre 67, rappresentato dall’avvocato rotale dott. Marco Canonico,

presenti: il Promotore di Giustizia, don Simone Sorbaioli;
il Cancelliere, Mon. Rino Valigi

il sottoscritto Pro-Vicario Giudiziale, Mons. Pierluigi Rosa, ha emesso il
seguente decreto:

Svolgimento del processo

Agli effetti del can. 102, questo tribunale diocesano di Perugina si dichiara
competente nella presente causa, essendo la parte istante residente in Perugina,
via XX Settembre 67.

Fattispecie

Il giorno 23 Novembre 2005, Cillian Roberto FANI O’BROIN, figlio adottivo del
conte Cesare Fani, ha presentato il ricorso di accertamento di discendenza per
filiazione legittima patrilineare, ex can. 101 e contestualmente ha designato
quale procuratore di fiducia l’avvocato dott. Marco Canonico.


Vista

L’istanza della parte richiedente di pronunciamento con sentenza di merito
riguardo alla acquisizione legittima di titolo comitale in quanto figlio
adottivo del conte Cesare FANI,

visto quanto disposto dal can. 101 e 108§ CIC;

valutate le addotte motivazioni;

visti i documenti allegati, sia canonici che statuali, tutti in forma di copia
autentica;

non avendo rilevato la necessità di richiedere aggiunte per integrare
l’istruttoria;

sentito il procuratore, Avv. Marco Canonico;

il tribunale procede per

-accertare l’affermata discendenza in linea diretta maschile, primigenia,
legittima, dell’istante dal capostipite, documentalmente certo,”Dominus”
Domenico Fani.
-accertare la legittima adozione di Cillian Roberto O’Broin da parte del conte
Cesare Fani e di Aurelia Cordero di Montezemolo.
-stabilire con sentenza – esplicitando tale condizione grado per grado così come
derivata dagli atti – la posizione di legittimità della agnazione.
-accertare il conferimento del titolo comitale da parte di Sua Maestà Umberto II
di Savoia, con lettere patenti del 15 Settembre 1963, con conseguente
titolazione trasmissibile in perpetuo a tutti i figli.



Espletata

L’istruttoria, gli atti furono posti a protocollo dalla cancelleria all’ordine
n. 1/2006


In fatto

a) La parte istante ha piena personalità giuridica, ciò appare espressamente ed
incontestabilmente dimostrato come in occasione della introduzione del Libello.
b) E’ dimostrato che sono state adempiute tutte le formalità essenziali previste
per la ricostruzione della linea diretta ed ininterrotta fino al capostipite
certo, “Dominus” Domenico Fani.
c) Infatti, agli atti canonici di battesimo, matrimonio e morte si aggiungono
gli atti statuali certificativi e le Regie lettere patenti che, stante
l’autorità emittente, costituiscono anche decreto formale di erezione canonica,
essendo la Fons Honorum Vicario temporale del Sommo Pontefice, infatti Umberto
II, quale Sovrano d’Italia e Duca di Savoia, esercitava la propria potestà anche
quale Re di Gerusalemme, Re di Cipro, Re di Armenia, Principe di Acaia e
Marchese Tarantasia, titoli concessi alla dinastia sabauda dai Sommi Pontefici.
d) Essendo certificata l’avvenuta adozione di Cillian Roberto O’Broin da parte
del conte Cesare e di Aurelia Cordero di Montezemolo,
e) Preso in esame e studiato attentamente il caso, non si sono rinvenute lacune
documentali, sia in ordine alla loro valenza, sia in ordine alla ricostruita
line di discendenza.


Tutto questo considerato in diritto ed in fatto, il sottoscritto Pro-Vicario
Giudiziale


DECRETA

1 CILLIAN ROBERTO FANI O’BROIN, nato il 12 Agosto 1976 a Perugia ed ivi
domiciliato in via XX Settembre 67, essere figlio legittimo di Sua Eccellenza
Geraoid Proinsias O’Broin (nato in Irlanda il 21 Maggio 1940), Ambasciatore
d’Irlanda e cavaliere di gran croce dell’ordine Piano e di Roberta Cordero di
Montezemolo (nata a Trieste il 29 Agosto 1941), coniugi in virtù di matrimonio
celebrato il 7 Febbraio 1967 nella Basilica di S. Pietro in Vaticano.
2 L’istante essere altresì figlio adottivo, e pertanto ex can 110, legittimo del
conte Cesare Fani (nato a Roma il 14 Novembre 1931) e di Aurelia Cordero di
Montezemolo (nata a Roma il 6 Maggio 1948), coniugi a seguito di matrimonio
celebrato il 4 Giugno 1994 nella cappella dell’Ambasciata d’Irlanda presso la
Santa Sede in territorio della Parrocchia di S. Maria in Trastevere in Roma.
3 Il Conte Cesare Fani è a sua volta figlio legittimo di Sua Eccellenza il Conte
Amedeo (nato il 9 Febbraio 1891 a Perugia ed ivi deceduto il 9 Settembre 1974),
Deputato al Parlamento, Sottosegretario di Stato al Ministero degli Affari
Esteri, Questore della Camera dei Deputati, e Cavaliere di Gran Croce
dell’Ordine di S. Gregorio Magno, e di Donna Elvira Biancardi (nata a Mantova il
12 Febbraio 1908, deceduta a Roma il 4 Novembre 1986), uniti con matrimonio
celebrato il 27 Luglio 1927 nella Basilica inferiore di San Francesco in Assisi.
{snip further ancestry]

La discendenza legittima del ricorrente in linea diretta maschile ininterrotta
dal Dominus Domenico Fani per sei generazioni è dunque attestata da quanto sopra
esposto e dimostrata dai documenti allegati al libello.
Il diritto al titolo comitale è stato attribuito alla famiglia Fani da Sua
Maestà Umberto II con Regie Lettere Patenti del 14 Settembre 1963, di cui è
stata allegata copia autentica.
Il titolo in capo alla famiglia Fani, ovvero Fani O’Broin, è quello indicato di
Conte, trasmissibile in perpetuo a tutti i discendenti, e di conseguenza
l’istante è legittimo successore di suddetto titolo comitale.

Così pronunziamo, dando mandato perché questa nostra sentenza venga notificata,
secondo le norme del diritto.


Dato in Perugina, 30 Gennaio 2006


L. + S. Mons. Luigi Rosa,
pro-vicario giudiziale

Don Simone Sorboli, promotore di giustizia

Mons. Rino Valigi, Cancelliere
--
Guy Stair Sainty
www.chivalricorders.org/index3.htm
George Lucki
2006-05-22 23:17:49 UTC
Permalink
Post by Guy Stair Sainty
Here is the decree (I havce cut the older ancestry of the petitioner.
Post by George Lucki
My bottom line would be that no diocesan court has the authority to extend
any foreign (including Savoy) ennoblements and even in terms of the Roman
Nobility - it would be only the Roman Pontiff who would have the authority
to alter a decree of one of his predecessors.
Thanks for forwarding the judgement.
Fundamentally the matter seems to be one of establishing the filiation of
the adooptive son and father Canon Law establishing that children adopted in
civil law are also legitimately children in terms of canon law. Canon 101 -
Children who have been adopted according to the norm of civil law are
considered the children of the person or persons who have adopted them. This
follows unsurprisingly the sections dealing with consanguinity (as for the
purpose of marriage) as this is the primary canonical consequence. The issue
of the recognition of the title seems to have been tacked on. The competency
of the tribunal in Perugia is determined by the domicile of the applicant.
Post by Guy Stair Sainty
TRIBUNAL ECCLESISTICUM DIOECESIANUM PERUSIAE
Decreto
Oggi 30 Gennaio 2006, visto il ricorso di accertamento di discendenza per
filiazione legittima patrilineare, ex can. 101, presentato da Cillian Roberto
FANI O'Broin, nato a Perugia il 12 Agosto 1976 ed ivi domiciliato in via
XX
Settembre 67, rappresentato dall'avvocato rotale dott. Marco Canonico,
presenti: il Promotore di Giustizia, don Simone Sorbaioli;
il Cancelliere, Mon. Rino Valigi
il sottoscritto Pro-Vicario Giudiziale, Mons. Pierluigi Rosa, ha emesso il
Svolgimento del processo
Agli effetti del can. 102, questo tribunale diocesano di Perugina si dichiara
competente nella presente causa, essendo la parte istante residente in Perugina,
via XX Settembre 67.
Fattispecie
Il giorno 23 Novembre 2005, Cillian Roberto FANI O'BROIN, figlio adottivo
del
conte Cesare Fani, ha presentato il ricorso di accertamento di discendenza per
filiazione legittima patrilineare, ex can. 101 e contestualmente ha designato
quale procuratore di fiducia l'avvocato dott. Marco Canonico.
Vista
L'istanza della parte richiedente di pronunciamento con sentenza di merito
riguardo alla acquisizione legittima di titolo comitale in quanto figlio
adottivo del conte Cesare FANI,
visto quanto disposto dal can. 101 e 108§ CIC;
valutate le addotte motivazioni;
visti i documenti allegati, sia canonici che statuali, tutti in forma di copia
autentica;
non avendo rilevato la necessità di richiedere aggiunte per integrare
l'istruttoria;
sentito il procuratore, Avv. Marco Canonico;
il tribunale procede per
-accertare l'affermata discendenza in linea diretta maschile, primigenia,
legittima, dell'istante dal capostipite, documentalmente certo,"Dominus"
Domenico Fani.
-accertare la legittima adozione di Cillian Roberto O'Broin da parte del
conte
Cesare Fani e di Aurelia Cordero di Montezemolo.
-stabilire con sentenza - esplicitando tale condizione grado per grado
così come
derivata dagli atti - la posizione di legittimità della agnazione.
-accertare il conferimento del titolo comitale da parte di Sua Maestà Umberto II
di Savoia, con lettere patenti del 15 Settembre 1963, con conseguente
titolazione trasmissibile in perpetuo a tutti i figli.
The first three points outline the materials reviewed to establish the
filiation while the last reviews the letters oatent of 15 September 1963
conferring the comital title with the transmissibility of the title *to all
sons* (not primogeniture) - if this document was read correctly (see below)
Post by Guy Stair Sainty
Espletata
L'istruttoria, gli atti furono posti a protocollo dalla cancelleria
all'ordine
n. 1/2006
In fatto
a) La parte istante ha piena personalità giuridica, ciò appare espressamente ed
incontestabilmente dimostrato come in occasione della introduzione del Libello.
b) E' dimostrato che sono state adempiute tutte le formalità essenziali
previste
per la ricostruzione della linea diretta ed ininterrotta fino al capostipite
certo, "Dominus" Domenico Fani.
c) Infatti, agli atti canonici di battesimo, matrimonio e morte si aggiungono
gli atti statuali certificativi e le Regie lettere patenti che, stante
l'autorità emittente, costituiscono anche decreto formale di erezione
canonica,
essendo la Fons Honorum Vicario temporale del Sommo Pontefice, infatti Umberto
II, quale Sovrano d'Italia e Duca di Savoia, esercitava la propria potestà
anche
quale Re di Gerusalemme, Re di Cipro, Re di Armenia, Principe di Acaia e
Marchese Tarantasia, titoli concessi alla dinastia sabauda dai Sommi Pontefici.
This is the silliness in the judgement - the argument being as Guy outlined
that the letters patent of the deposed Italian King in effect created a
Papal comital title as King Umberto exercised in the letters patent the
temporal jurisdiction granted him by the Pope as the titles King of
Jerusalem, etc. were granted by the Papacy. This certainly creative but this
part goes well beyond any question of filiation and if it were precedent
setting would apply to any concession by this monarchy and many others. This
would potentially open the door to a potential marketplace for Italian
adoptions with the intent of confering Papal noble titles. The Perugian
Dioscesan Tribunal though is beyond its jurisdiction here and I would be
greatly surprised if the Secretariat of State would act upon this judgement.
Post by Guy Stair Sainty
d) Essendo certificata l'avvenuta adozione di Cillian Roberto O'Broin da
parte
del conte Cesare e di Aurelia Cordero di Montezemolo,
e) Preso in esame e studiato attentamente il caso, non si sono rinvenute lacune
documentali, sia in ordine alla loro valenza, sia in ordine alla ricostruita
line di discendenza.
Tutto questo considerato in diritto ed in fatto, il sottoscritto Pro-Vicario
Giudiziale
DECRETA
1 CILLIAN ROBERTO FANI O'BROIN, nato il 12 Agosto 1976 a Perugia ed ivi
domiciliato in via XX Settembre 67, essere figlio legittimo di Sua Eccellenza
Geraoid Proinsias O'Broin (nato in Irlanda il 21 Maggio 1940),
Ambasciatore
d'Irlanda e cavaliere di gran croce dell'ordine Piano e di Roberta Cordero
di
Montezemolo (nata a Trieste il 29 Agosto 1941), coniugi in virtù di matrimonio
celebrato il 7 Febbraio 1967 nella Basilica di S. Pietro in Vaticano.
2 L'istante essere altresì figlio adottivo, e pertanto ex can 110,
legittimo del
conte Cesare Fani (nato a Roma il 14 Novembre 1931) e di Aurelia Cordero di
Montezemolo (nata a Roma il 6 Maggio 1948), coniugi a seguito di matrimonio
celebrato il 4 Giugno 1994 nella cappella dell'Ambasciata d'Irlanda presso
la
Santa Sede in territorio della Parrocchia di S. Maria in Trastevere in Roma.
3 Il Conte Cesare Fani è a sua volta figlio legittimo di Sua Eccellenza il Conte
Amedeo (nato il 9 Febbraio 1891 a Perugia ed ivi deceduto il 9 Settembre 1974),
Deputato al Parlamento, Sottosegretario di Stato al Ministero degli Affari
Esteri, Questore della Camera dei Deputati, e Cavaliere di Gran Croce
dell'Ordine di S. Gregorio Magno, e di Donna Elvira Biancardi (nata a
Mantova il
12 Febbraio 1908, deceduta a Roma il 4 Novembre 1986), uniti con matrimonio
celebrato il 27 Luglio 1927 nella Basilica inferiore di San Francesco in Assisi.
{snip further ancestry]
In the judgement the recounting of ancestry for the purposes of filiation
recounts his genealogy past the limits of consanguinity. It finds correctly
that he is the legitimate descendent of Domenic Fani by virtue of his
adoption.
Post by Guy Stair Sainty
La discendenza legittima del ricorrente in linea diretta maschile ininterrotta
dal Dominus Domenico Fani per sei generazioni è dunque attestata da quanto sopra
esposto e dimostrata dai documenti allegati al libello.
Il diritto al titolo comitale è stato attribuito alla famiglia Fani da Sua
Maestà Umberto II con Regie Lettere Patenti del 14 Settembre 1963, di cui è
stata allegata copia autentica.
Il titolo in capo alla famiglia Fani, ovvero Fani O'Broin, è quello
indicato di
Conte, trasmissibile in perpetuo a tutti i discendenti, e di conseguenza
l'istante è legittimo successore di suddetto titolo comitale.
The date of the Letters Patent is now 14 IX 1963 (a typo?) and the title of
count is attributed to Fani O'Broin based upon the perpetual transmission of
the title to *all the descendents*. I now wonder what the original letters
patent said in terms of the transmission of the title and whether the good
tribunal understood correctly its meaning (in the context of Savoy Italian
grants of nobility). The court might want to clarify and establish (for the
purposes of this proceeding) the rank of the individual it was dealing with
and so could conclude (correctly or incorrectly) that someone appearing
before it was or was not a nobleman. This would not be the same as
recognizing a title more generally in the Church or recognizing a title as
belonging to the temporal authority of the Church. The question of the
relationship between the Savoy dynasty and the Papacy would also be a
question quite clearly beyond the matter t hand. It seems to come down to
the LP - do they confer the title with a provision of transmission by
primogeniture, through all male descendents or implausibly through all
descendents. Along with this do the letters patent vary the Italian practice
of transmission through natural and legitimate lines. If they do then they
form an interesting innovation. The answers are not in this Tribunal's
ruling but in the Letters Patent and if these require interpretation this
would need come from the House of Savoy rather than any church tribunal in
Perugia. I am sure that Mr. Fani-O'Broin would disagree but I just don't see
this ruling as relevant. I would similarly see a matter brought before a
local Italian court as irrelevant - on the basis of jurisdiction. We've seen
other matters brought before local Italian or Church courts for the purpose
of getting a judgement that says some has a noble title. If that is the
purpose I see it as a misuse of those fora. The more competent authority in
my mind in this case is the head of the Savoy house. What does he say? Does
anyone know?

Kind regards, George Lucki
Post by Guy Stair Sainty
Così pronunziamo, dando mandato perché questa nostra sentenza venga notificata,
secondo le norme del diritto.
Dato in Perugina, 30 Gennaio 2006
L. + S. Mons. Luigi Rosa,
pro-vicario giudiziale
Don Simone Sorboli, promotore di giustizia
Mons. Rino Valigi, Cancelliere
--
Guy Stair Sainty
www.chivalricorders.org/index3.htm
Andrew Chaplin
2006-05-22 23:40:16 UTC
Permalink
"George Lucki" <***@hotmail.com> wrote in message news:xErcg.183576$***@pd7tw2no...

<snip>
Does anyone know?
It is things like this that make me thankful for the Commons'
concurrence in the report of the committee chaired by Nickle in 1919.
--
Andrew Chaplin
SIT MIHI GLADIUS SICUT SANCTO MARTINO
(If you're going to e-mail me, you'll have to get "yourfinger." out.)
George Lucki
2006-05-23 01:25:44 UTC
Permalink
Post by Andrew Chaplin
<snip>
Does anyone know?
It is things like this that make me thankful for the Commons'
concurrence in the report of the committee chaired by Nickle in 1919.
--
Andrew Chaplin
SIT MIHI GLADIUS SICUT SANCTO MARTINO
(If you're going to e-mail me, you'll have to get "yourfinger." out.)
Absolutely correct. The non-binding parliamentary resolution faithfully
followed Nickle's recommendations except where these were substantially
altered and this resolution has been faithfully adhered to by subsequent
governments, the numerous exceptions notwithstanding. But, I do get your
point.
George Lucki
Guy Stair Sainty
2006-05-23 08:01:05 UTC
Permalink
Post by George Lucki
Post by Guy Stair Sainty
Here is the decree (I havce cut the older ancestry of the petitioner.
I now wonder what the original letters
Post by George Lucki
patent said in terms of the transmission of the title and whether the good
tribunal understood correctly its meaning (in the context of Savoy Italian
grants of nobility).
Italian nobiliary law is absolutely clear on this point; that heirs must be
*natural* (i.e. born of a person through whom the claim is made) and
*legitimate* (i.e. born of a valid marriage). In the case of Papal titles and an
even narrower consideration is applied - that it must be a valid Catholic
marriage. That is why the registration of a descent with an ecclesiastical
tribunal is perfectly appropriate to establish the filiation of Papal titles,
because such a registratino would be necessary to prove the Catholic descent.

An adoptive heir is now put in the position of a legitimate child; but canon law
says nothing about putting him or her in the position of a *natural* child,
which it self-evidently cannot do.
Post by George Lucki
It seems to come down to
the LP - do they confer the title with a provision of transmission by
primogeniture, through all male descendents or implausibly through all
descendents. Along with this do the letters patent vary the Italian practice
of transmission through natural and legitimate lines.
The answer to the first is by male primogeniture, to the second no, the title
must pass according to the norms of Italian nobiliary law.
--
Guy Stair Sainty
www.chivalricorders.org/index3.htm
WILLIAM BALDWIN JR
2006-05-23 16:07:12 UTC
Permalink
Post by Guy Stair Sainty
Italian nobiliary law is absolutely clear on this point; that heirs must be
*natural* (i.e. born of a person through whom the claim is made) and
*legitimate* (i.e. born of a valid marriage). In the case of Papal titles and an
even narrower consideration is applied - that it must be a valid Catholic
marriage. That is why the registration of a descent with an ecclesiastical
tribunal is perfectly appropriate to establish the filiation of Papal titles,
because such a registratino would be necessary to prove the Catholic descent.
An adoptive heir is now put in the position of a legitimate child; but canon law
says nothing about putting him or her in the position of a *natural* child,
which it self-evidently cannot do.
I do not accept or deny the claim being made, nor disagree that what GSS
writes above is fact (in Italian Nobilliary law, anyway..). It just doesn't
seem right that a person that is legally the son of someone, for all intents
and purposes in law, is not their son for a specific legal purpose. It
certainly doesn't seem correct from a compassionate or moral standpoint for
the church to be a part of it, either.
Guy Stair Sainty
2006-05-23 17:16:23 UTC
Permalink
Post by WILLIAM BALDWIN JR
Post by Guy Stair Sainty
Italian nobiliary law is absolutely clear on this point; that heirs must be
*natural* (i.e. born of a person through whom the claim is made) and
*legitimate* (i.e. born of a valid marriage). In the case of Papal titles and an
even narrower consideration is applied - that it must be a valid Catholic
marriage. That is why the registration of a descent with an ecclesiastical
tribunal is perfectly appropriate to establish the filiation of Papal titles,
because such a registratino would be necessary to prove the Catholic descent.
An adoptive heir is now put in the position of a legitimate child; but canon law
says nothing about putting him or her in the position of a *natural* child,
which it self-evidently cannot do.
I do not accept or deny the claim being made, nor disagree that what GSS
writes above is fact (in Italian Nobilliary law, anyway..). It just doesn't
seem right that a person that is legally the son of someone, for all intents
and purposes in law, is not their son for a specific legal purpose. It
certainly doesn't seem correct from a compassionate or moral standpoint for
the church to be a part of it, either.
On the same premise one may argue that it is not fair that daughters cannot
succeed, or anyone who the title holder nominates. But titles are granted by
Sovereign prerogative, as a privilege, not a right, according to certain rules
of descent. In both Italian and Papal nobiliary law (and Spanish, Portuguese,
british, French, Belgian, Dutch, Swedish, Russian and German) to inherit a title
under the norms of nobiliary law it is necessary to be both *legitimate* 9which
cna include adoptive issue) and *natural* (which cannot). Those are the rules
and whether they you consider them fair or unfair is entirely irrelevant.
--
Guy Stair Sainty
www.chivalricorders.org/index3.htm
WILLIAM BALDWIN JR
2006-05-23 22:34:16 UTC
Permalink
Post by Guy Stair Sainty
On the same premise one may argue that it is not fair that daughters cannot
succeed, or anyone who the title holder nominates.
Yep, and many people do. Most feminists do, and even the COA has changed
some practices to conform with modern day realities in this regard. This
trivializes the point however, as only one person can inherit the peerage.
Not only daughters, but the younger sons are just out of luck. There's only
one peerage to go around. A reason why I like the practice in some systems
of granting the title to all the children, but the peerage itself to only
one.

But titles are granted by
Post by Guy Stair Sainty
Sovereign prerogative, as a privilege, not a right, according to certain rules
of descent. In both Italian and Papal nobiliary law (and Spanish, Portuguese,
british, French, Belgian, Dutch, Swedish, Russian and German) to inherit a title
under the norms of nobiliary law it is necessary to be both *legitimate* 9which
cna include adoptive issue) and *natural* (which cannot).
I was under the impression that Germany *did* make allowances for adoption
in certain cases. Certainly the Caesers did, and they predate all the
above...
Post by Guy Stair Sainty
Those are the rules
and whether they you consider them fair or unfair is entirely irrelevant.
I don't know about the irrelevant part, but my opinion , and what I
understand to be fact can be different things. I can accept certain
injustices as being facts, that doesn't mean I have to accept them or cannot
indicate my displeasure with it.
--
WILLIAM BALDWIN JR
Ground below Zero
New Orleans, La (central time zone)
www.coastguardauxiliaryfc61.org
Guy Stair Sainty
2006-05-24 10:05:38 UTC
Permalink
Post by WILLIAM BALDWIN JR
I was under the impression that Germany *did* make allowances for adoption
in certain cases. Certainly the Caesers did, and they predate all the
above...
In Germany this is a matter of names, not titles, as the law does not recognzie
titles - in other words an adoptee gets a name but this is not considered a
title by, for example, the German nobility organization, Order of Malta, etc.
--
Guy Stair Sainty
www.chivalricorders.org/index3.htm
WILLIAM BALDWIN JR
2006-05-24 12:27:55 UTC
Permalink
Post by Guy Stair Sainty
Post by WILLIAM BALDWIN JR
I was under the impression that Germany *did* make allowances for adoption
in certain cases. Certainly the Caesers did, and they predate all the
above...
In Germany this is a matter of names, not titles, as the law does not recognzie
titles - in other words an adoptee gets a name but this is not considered a
title by, for example, the German nobility organization, Order of Malta, etc.
But by that reasoning, the titles of the German "nobility" organization are
just part of the name, not a title. (Which is also the legal position, as I
understand it.) This distinction is most likely to be brought up by
inherited titles against those who purchased/adopted their way in. I've yet
to see a line of reasoning that excludes adoptee that doesn't exclude them
all. (not that I have a problem with it, either..)
--
WILLIAM BALDWIN JR
MBA HCM program
Ground below Zero
New Orleans, La (central time zone)
www.coastguardauxiliaryfc61.org
Guy Stair Sainty
2006-05-24 15:50:45 UTC
Permalink
Post by WILLIAM BALDWIN JR
Post by Guy Stair Sainty
Post by WILLIAM BALDWIN JR
I was under the impression that Germany *did* make allowances for adoption
in certain cases. Certainly the Caesers did, and they predate all the
above...
In Germany this is a matter of names, not titles, as the law does not recognzie
titles - in other words an adoptee gets a name but this is not considered a
title by, for example, the German nobility organization, Order of Malta, etc.
But by that reasoning, the titles of the German "nobility" organization are
just part of the name, not a title. (Which is also the legal position, as I
understand it.) This distinction is most likely to be brought up by
inherited titles against those who purchased/adopted their way in. I've yet
to see a line of reasoning that excludes adoptee that doesn't exclude them
all. (not that I have a problem with it, either..)
I am not sure what you mean; in the German situation you have to ignore the fact
that this part of the name that was converted from a title is the same word as
the noble title; that is the only connection. Nobility has never, in any
jurisdiction, been transmittable by other than natural succession. The German
nobility association is a private body, but it maintains the rules that applied
during the German monarchies and is responsible for editing the entries in the
Starke Hansbuch des Adels. Thus the descendants of German title holders who have
succeeded according to the rules established by the various royal governments
will appear in this registry and those who have the name by adoption will not,
for the simple reason that having this name does not make one a noble. The
husband of Zsa Zsa Gabor might call himself Duke of Anhalt, because he purchased
the adoption, but this does not make him a member of the royal house of Anhalt.

You cannot purchase your way into the *nobility* by adoption; you can acquire
the name of your adoptive parent. Surely that is clear.
--
Guy Stair Sainty
www.chivalricorders.org/index3.htm
WILLIAM BALDWIN JR
2006-05-24 19:37:00 UTC
Permalink
Post by Guy Stair Sainty
Post by WILLIAM BALDWIN JR
Post by Guy Stair Sainty
In Germany this is a matter of names, not titles, as the law does not recognzie
titles - in other words an adoptee gets a name but this is not
considered
a
title by, for example, the German nobility organization, Order of Malta, etc.
But by that reasoning, the titles of the German "nobility" organization are
just part of the name, not a title. (Which is also the legal position, as I
understand it.) This distinction is most likely to be brought up by
inherited titles against those who purchased/adopted their way in. I've yet
to see a line of reasoning that excludes adoptee that doesn't exclude them
all. (not that I have a problem with it, either..)
I am not sure what you mean; in the German situation you have to ignore the fact
that this part of the name that was converted from a title is the same word as
the noble title; that is the only connection.
that *was* my point, that they're aren't really *any* titles in Germany,
just names that have the same words as titles.


Nobility has never, in any
Post by Guy Stair Sainty
jurisdiction, been transmittable by other than natural succession.
Not so sure of this, and I've already cited that Sovereign titles *have*,
however.

The German
Post by Guy Stair Sainty
nobility association is a private body, but it maintains the rules that applied
during the German monarchies and is responsible for editing the entries in the
Starke Hansbuch des Adels.
A private body that can make whatever rules it wants. Just as a private body
of you, Patrick, Joe Six Pack, and the MM could make any rules it wanted,
also.
--
WILLIAM BALDWIN JR
MBA HCM program
Ground below Zero
New Orleans, La (central time zone)
www.coastguardauxiliaryfc61.org

.org/index3.htm
WILLIAM BALDWIN JR
2006-05-26 12:56:37 UTC
Permalink
Post by Guy Stair Sainty
Post by WILLIAM BALDWIN JR
Post by Guy Stair Sainty
In Germany this is a matter of names, not titles, as the law does not
recognize
titles - in other words an adoptee gets a name but this is not
considered
a
title by, for example, the German nobility organization, Order of Malta, etc.
But by that reasoning, the titles of the German "nobility" organization are
just part of the name, not a title. (Which is also the legal position, as I
understand it.) This distinction is most likely to be brought up by
inherited titles against those who purchased/adopted their way in. I've yet
to see a line of reasoning that excludes adoptee that doesn't exclude them
all. (not that I have a problem with it, either..)
I am not sure what you mean; in the German situation you have to ignore the fact
that this part of the name that was converted from a title is the same word as
the noble title; that is the only connection.
that *was* my point, that they're aren't really *any* titles in Germany,
just names that have the same words as titles.


Nobility has never, in any
Post by Guy Stair Sainty
jurisdiction, been transmittable by other than natural succession.
Not so sure of this, and I've already cited that Sovereign titles *have*,
however.

The German
Post by Guy Stair Sainty
nobility association is a private body, but it maintains the rules that applied
during the German monarchies and is responsible for editing the entries in the
Starke Handbook des Adel's.
A private body that can make whatever rules it wants. Just as a private body
of you, Patrick, Joe and the MM could make any
--
WILLIAM BALDWIN JR
MBA HCM program
Ground below Zero
New Orleans, La (central time zone)
www.coastguardauxiliaryfc61.org

.org/index3.htm
George Lucki
2006-05-26 13:56:36 UTC
Permalink
Post by WILLIAM BALDWIN JR
Post by Guy Stair Sainty
Post by WILLIAM BALDWIN JR
Post by Guy Stair Sainty
In Germany this is a matter of names, not titles, as the law does not
recognize
titles - in other words an adoptee gets a name but this is not
considered
a
title by, for example, the German nobility organization, Order of
Malta,
etc.
But by that reasoning, the titles of the German "nobility" organization are
just part of the name, not a title. (Which is also the legal position, as I
understand it.) This distinction is most likely to be brought up by
inherited titles against those who purchased/adopted their way in. I've yet
to see a line of reasoning that excludes adoptee that doesn't exclude them
all. (not that I have a problem with it, either..)
I am not sure what you mean; in the German situation you have to ignore the fact
that this part of the name that was converted from a title is the same word as
the noble title; that is the only connection.
that *was* my point, that they're aren't really *any* titles in Germany,
just names that have the same words as titles.
Nobility has never, in any
Post by Guy Stair Sainty
jurisdiction, been transmittable by other than natural succession.
Not so sure of this, and I've already cited that Sovereign titles *have*,
however.
The German
Post by Guy Stair Sainty
nobility association is a private body, but it maintains the rules that applied
during the German monarchies and is responsible for editing the entries
in
the
Starke Handbook des Adel's.
A private body that can make whatever rules it wants. Just as a private body
of you, Patrick, Joe and the MM could make any
--
William, you are missing the point. The existence of the German nobility as
a matter of genealogy (or blood lines) is not a question of whether their
former distinct legal status and their titles are recognized in current
German law. The law could stop recognizing their distinct status but
couldn't abolish 40-50,000 people. The rules are previously established and
there really is no way to change the rules at present. Similarly their
association can't change the rules for who is noble - if they did they would
no longer be associations of the German nobility. There is seperately from
the German nobility associations and their federation a body called the
Deutsches Adelsrechtsausschuss who review and adjudicate in controversial
matters. Without their approval you can't join the association. These
matters are well regulated and these groups maintain their rules.
George Lucki
Roger Connor
2006-05-26 21:05:24 UTC
Permalink
To recap the scholarly discussion as I understand it between George
Lucki, Guy S. Sainty, and William Baldwin, Jr.:
Once upon a time there were a group of people bearing titles catagorized
as "nobles" in Germany.

In 1919, the Germans changed their law, doing away with said titles, and
making the former bearers the equivalent of any other German person - in
effect, removing both titles and the claim to nobility. As was the case
with "nobility" in the United States after the revolution.

A group of people formed an association, the bylaws of which only allow
for former persons considered to be "noble" and their blood decendants
(unclear here as to only eldest male heir, all males, both males &
females) to be members. As is their right as any private club.

However, as there are no "nobles" under current law, they are simply a
social club, dependant on genealogy to determine membership elegibility.

Same effect as the Daughters of the American Revolution, Sons of the
American Revolution, the United Daughters of the Confederacy, the Sons
of Confederate Veterans. or Sons of the Union Veterans.

Have I missed something?

I presume the more general question is:
At what point-if any, do former nobles (of whatever country) cease being
"noble", and/or at what point do their decendants cease being "noble"
when the law of their ancestor's country, and/or their current country
of citizenship does not recognize "nobility" or "titles"?

IMHO, this occurs when the country of citizenship removes the titles of
the former nobles, and equilibrates their status with the rest of the
citizenry, or, of immigration to such a country by the "former" title
holder or his direct heir.

I'm somewhat confused by the situation where a deposed King's heir
(Umberto?), assumes the former perogatives of his father in creating
titles and Orders, although appaerntly under the laws of his country of
citizenship, he is an ordinary citizen.

I figure there has to be more to this that I'm missing! Anyone care to
comment?

Warm Regards,
Roger Connor
Post by George Lucki
William, you are missing the point. The existence of the German nobility as
a matter of genealogy (or blood lines) is not a question of whether their
former distinct legal status and their titles are recognized in current
German law. The law could stop recognizing their distinct status but
couldn't abolish 40-50,000 people. The rules are previously established and
there really is no way to change the rules at present. Similarly their
association can't change the rules for who is noble - if they did they would
no longer be associations of the German nobility. There is seperately from
the German nobility associations and their federation a body called the
Deutsches Adelsrechtsausschuss who review and adjudicate in controversial
matters. Without their approval you can't join the association. These
matters are well regulated and these groups maintain their rules.
George Lucki
The Man
2006-05-26 21:32:05 UTC
Permalink
Post by Roger Connor
To recap the scholarly discussion as I understand it between George
Once upon a time there were a group of people bearing titles catagorized
as "nobles" in Germany.
In 1919, the Germans changed their law, doing away with said titles, and
making the former bearers the equivalent of any other German person - in
effect, removing both titles and the claim to nobility. As was the case
with "nobility" in the United States after the revolution.
A group of people formed an association, the bylaws of which only allow
for former persons considered to be "noble" and their blood decendants
(unclear here as to only eldest male heir, all males, both males &
females) to be members. As is their right as any private club.
However, as there are no "nobles" under current law, they are simply a
social club, dependant on genealogy to determine membership elegibility.
Same effect as the Daughters of the American Revolution, Sons of the
American Revolution, the United Daughters of the Confederacy, the Sons
of Confederate Veterans. or Sons of the Union Veterans.
Have I missed something?
At what point-if any, do former nobles (of whatever country) cease being
"noble", and/or at what point do their decendants cease being "noble"
when the law of their ancestor's country, and/or their current country
of citizenship does not recognize "nobility" or "titles"?
IMHO, this occurs when the country of citizenship removes the titles of
the former nobles, and equilibrates their status with the rest of the
citizenry, or, of immigration to such a country by the "former" title
holder or his direct heir.
I'm somewhat confused by the situation where a deposed King's heir
(Umberto?), assumes the former perogatives of his father in creating
titles and Orders, although appaerntly under the laws of his country of
citizenship, he is an ordinary citizen.
I figure there has to be more to this that I'm missing! Anyone care to
comment?
Warm Regards,
Roger Connor
Umberto II was actually King of Italy from May to June 1946. He was/is
referred to as the "May King".

With respect to the "adoption" of heirs, can Crown Prince Victor
Emmanuel be of some assistance? Can he, as the Head of the House of
Savoy, alter the original grant (or issue a new grant) to allow
"adoptees" to inherit the various titles?

In addition, where does the issue stand with the Papal Courts in Italy?
Will they issue any additional rulings/clarifications, or have we
reached the end of the journey?
Post by Roger Connor
Post by George Lucki
William, you are missing the point. The existence of the German nobility as
a matter of genealogy (or blood lines) is not a question of whether their
former distinct legal status and their titles are recognized in current
German law. The law could stop recognizing their distinct status but
couldn't abolish 40-50,000 people. The rules are previously established and
there really is no way to change the rules at present. Similarly their
association can't change the rules for who is noble - if they did they would
no longer be associations of the German nobility. There is seperately from
the German nobility associations and their federation a body called the
Deutsches Adelsrechtsausschuss who review and adjudicate in controversial
matters. Without their approval you can't join the association. These
matters are well regulated and these groups maintain their rules.
George Lucki
George Lucki
2006-05-26 23:13:11 UTC
Permalink
To recap the scholarly discussion as I understand it between George Lucki,
Once upon a time there were a group of people bearing titles catagorized
as "nobles" in Germany.
In 1919, the Germans changed their law, doing away with said titles, and
making the former bearers the equivalent of any other German person - in
effect, removing both titles and the claim to nobility. As was the case
with "nobility" in the United States after the revolution.
OK, I'll comment. The process largely occured by extending to all citizens
many of the rights previously held by the nobility so that by 1919 there
were relatively few (compared to a century earlier) privileges for this
group. The law removed the titles and privileges and legal recognition but
of course this did not make the nobility disappear. If for example the
constitution had eliminated recognition of another estate - the titles and
privileges and recognition for the clerical estate (clergy) it would not
mean there was no longer a clergy but that clerical service was now a
private matter unrecognized in law.
A group of people formed an association, the bylaws of which only allow
for former persons considered to be "noble" and their blood decendants
(unclear here as to only eldest male heir, all males, both males &
females) to be members. As is their right as any private club.
All patrilineal descendents as members but titles according to the rules
that might have limited inheritance to first born males, etc.
One correction - I would suggest that the association is limited to those
who *are* noble by birth according to the historical rules (understanding
that this is not associated with any privileges, rank or precedence
whatsoever and has no legal meaning in the current constitutional order).
The nobility continued to exist - in the private sphere - a family of
families linked in many ways by a shared history, and threads of marriages
and alliances.
However, as there are no "nobles" under current law, they are simply a
social club, dependant on genealogy to determine membership elegibility.
That is like saying to use the alternative example - there is no "clergy"
under current law they are simply a social club, who privately determine
their membership. Clergy would still exist of course, they would simply not
then officiate at civil marriages, create documents of public records, etc.
Same effect as the Daughters of the American Revolution, Sons of the
American Revolution, the United Daughters of the Confederacy, the Sons of
Confederate Veterans. or Sons of the Union Veterans.
These groups were never a distinct estate - they have always been social
clubs with a genealogical criterion.
Have I missed something?
At what point-if any, do former nobles (of whatever country) cease being
"noble", and/or at what point do their decendants cease being "noble" when
the law of their ancestor's country, and/or their current country of
citizenship does not recognize "nobility" or "titles"?
Maybe when they stop caring or they die out - and there will be a tendency
for the nobility to die out. With every male line that ends without a
legitimate male heir there are fewer nobles - and none are of course being
created in Germany.
IMHO, this occurs when the country of citizenship removes the titles of
the former nobles, and equilibrates their status with the rest of the
citizenry, or, of immigration to such a country by the "former" title
holder or his direct heir.
Why? Their nobility under such circumstances offers them absolutely no
privilege or precedence so what is the motivation to deny them this part of
their heritage? There is nothing about a historical heritage that keeps a
person from also being a good citizen is there?
I'm somewhat confused by the situation where a deposed King's heir
(Umberto?), assumes the former perogatives of his father in creating
titles and Orders, although appaerntly under the laws of his country of
citizenship, he is an ordinary citizen.
He was not an ordinary citizen - Umberto was a reigning King of Italy - the
sovereign of its citizens.
Kind regards,
George Lucki
I figure there has to be more to this that I'm missing! Anyone care to
comment?
Warm Regards,
Roger Connor
Guy Stair Sainty
2006-05-27 17:59:08 UTC
Permalink
Post by George Lucki
Post by Roger Connor
I'm somewhat confused by the situation where a deposed King's heir
(Umberto?), assumes the former perogatives of his father in creating
titles and Orders, although appaerntly under the laws of his country of
citizenship, he is an ordinary citizen.
He was not an ordinary citizen - Umberto was a reigning King of Italy - the
sovereign of its citizens.
Kind regards,
George Lucki
Furthermore, in a major court case, in 1962 the Court of Cassatino determined
that the King was indeed in a special position; an attempted prosecution of the
King and the Minister of the Real casa, Marchese Falcone Lucifero, brought on
the grounds that the King was giving Orders that the republic had abolished or
suspended, was dismissed by the Court as it determined it had no jurisdiction
over the King in this matter. Effectively all the court could prohibit was the
ability to wear these Orders.

This represented a departure from the law which continued to prosecute those
pseudo princes who awarded invented Order.

Furthermore, until 3 years ago when the Constitution was changed, the very
Constitution recognized a special status to the male line of the House of Savoy
as one which had reigned in Italy, and whose male representatives were therefore
permanently exiled. This clause was changed on the grounds that it offended the
rights of a citizen to live in the country of which he was a national, and
rather face the embarassment of losing this case, Italy changed the constitution
and allowed King Umberto's son back into Italy.
--
Guy Stair Sainty
www.chivalricorders.org/index3.htm
WILLIAM BALDWIN JR
2006-05-27 13:31:26 UTC
Permalink
Post by George Lucki
William, you are missing the point. The existence of the German nobility as
"German nobility" is an abstract concept that can only exist in law.
Otherwise, it is just as "real" as a title granted by the MM or a Lord of
Camster. No one accepts Lord of Camster titles because there is a legal
system refusing to even entertain them. Likewise, the legal system will not
entertain disputes over adoptees not being "real". Matter of fact, the legal
system has granted the use of the title, it is being used legally, to the
same extent any other title can be used (or even exist) legally. There is
only one line of argument that adoptees titles are not "real". That argument
is that none of them are real, either adopted or blood.

The law could stop recognizing their distinct status but
Post by George Lucki
couldn't abolish 40-50,000 people.
Nor did the law and legal decisons allowing adoptess to use noble titles
suddenly "create" 40-50,000 people. Titles are incorporeal and only exist in
legal systems recognizing them. Their existence is only to the extent the
legal system recognizes them.
Post by George Lucki
no longer be associations of the German nobility. There is seperately from
the German nobility associations and their federation a body called the
Deutsches Adelsrechtsausschuss who review and adjudicate in controversial
matters. Without their approval you can't join the association. These
matters are well regulated and these groups maintain their rules.
Many private bodies have strict rules, review and adjudicate..*yawn* ..Some
are well regulated and maintain rules, some don't . Doesn't change whether
they are a *private*, non-goverment body or not. Most of the "self-styled"
associations have highly detailed rules..but are still private bodies that
mean as much as any other private body.
--
WILLIAM BALDWIN JR
MBA HCM program
Ground below Zero
New Orleans, La (central time zone)
www.coastguardauxiliaryfc61.org
Guy Stair Sainty
2006-05-27 18:08:20 UTC
Permalink
Post by WILLIAM BALDWIN JR
Post by George Lucki
William, you are missing the point. The existence of the German nobility as
"German nobility" is an abstract concept that can only exist in law.
Otherwise, it is just as "real" as a title granted by the MM or a Lord of
Camster. No one accepts Lord of Camster titles because there is a legal
system refusing to even entertain them. Likewise, the legal system will not
entertain disputes over adoptees not being "real". Matter of fact, the legal
system has granted the use of the title, it is being used legally, to the
same extent any other title can be used (or even exist) legally. There is
only one line of argument that adoptees titles are not "real". That argument
is that none of them are real, either adopted or blood.
But in fact the SMOM does apply the pre-1918 nobiliary regulations in
determining who is or who is not entitled to a noble style in their diplomas of
admission and in the use of titles by office holders of the Order. The SMOM does
have a special recognition in Germany, albeit not as sovereign, and its
distinctions may be worn on military uniform.

Furthermore, as in Austria, there is at least one surviving ancien regime
nobiliary corporation, that of Wurttemberg, which has a long and historic
existence. Similarly, the Roll of the Nobility of Tyrol is recognized as a legal
corporation in Austria and its insignia can be worn; the members may not use
their titles, but the law recognizes that membership is limited to descendants
of the nobility, not its adopted members.
Post by WILLIAM BALDWIN JR
Nor did the law and legal decisons allowing adoptess to use noble titles
suddenly "create" 40-50,000 people. Titles are incorporeal and only exist in
legal systems recognizing them. Their existence is only to the extent the
legal system recognizes them.
They may be recognized by other legal systems. For example, before 1968 a
spaniard who inherited a foreign title could obtain permission to use it in
Spain and have it incorporated into the register of foreign titles; after 1968
this right continued but on the condition that the successor government of the
state which awarded it confirmed the title holder was the heir. Italy, Germany,
Portugal, ect obviously do not do this.
Post by WILLIAM BALDWIN JR
Post by George Lucki
no longer be associations of the German nobility. There is seperately from
the German nobility associations and their federation a body called the
Deutsches Adelsrechtsausschuss who review and adjudicate in controversial
matters. Without their approval you can't join the association. These
matters are well regulated and these groups maintain their rules.
Many private bodies have strict rules, review and adjudicate..*yawn* ..Some
are well regulated and maintain rules, some don't . Doesn't change whether
they are a *private*, non-goverment body or not. Most of the "self-styled"
associations have highly detailed rules..but are still private bodies that
mean as much as any other private body.
Except that the German Nobility Association decision have obtained a certain
recognition; for example, the succession of the Princes of Putbus - the male
line of the Grafen von Wylich und Lottum, Fürsten von Putbus became extinct on
18 April 1907. The Principality of Putbus had been acquired by inheritance by
Wilhelm Graf von Wylich und Lottum through his mother Clothilde, only daughter
of Malte Fürst von und zu Putbus (title created by the King of Sweden as ruler
of Pomerania in 1807, and confirmed Prussia 1817, and Serene Highness 1819, the
fideicommis of Putbus founded 1839), by confirmation of (Prussia) 1860; his son
died without male heirs in 1907. The property was then inherited by the latter’s
eldest daughter Grafin Marie von Wylich und Lottum who in 1877 married Franz
von Veltheim (1848- who was created Fürst und Herr zu Putbus (Prussia) 1908. But
he died in 1930 without leaving issue. The principality was now left to Grafin
Marie’s next sister, Grafin Asta, now Frau von Riepenhausen, who the German
nobility association accorded the person right to the title Fürstin von Putbus
on 25 September 1830, but who died without issue in 1934 when the inheritance
passed to the son of Grafin Viktoria von Wylich und Lottum (1861-1933) who had
married in 1888 Ludolf von Veltheim, younger brother of Franz above. They left
an only son, Malte Ludolf von Veltheim, who now inherited the properties of
Putbus. By a decision of the German Nobility Association (Abteilung fur
adelsrechtliche Fragen der Deutschen Adelsgenossenschaft) of 14 August 1936
Malte von Veltheim was permitted to bear the united arms of Veltheim and Putbus
and authorized to be admitted into the third part of the Gotha. By a decision of
the German Minister of the Interior on 20 Oct 1938, Malte, his wife and children
were authorized to assume the name “von Putbus”. Ludolf von Veltheim died in
March 1944; his son Malte, a knight of Justice of the Johanniter Order, died in
Sachsenhausen concentration camp (for his part in the plot against Hitler) 10
February 1945, but by his marriage to Marie von Ploetz, had five daughters and
two sons. The eldest son, Friedrich Malte von Putbus was killed in battle 9
March 1945. The youngest son, Franz von Putbus (born 1927), a Knight of Justice
of the Johanniter Order, married in 1964 Michaela Grafin von Cramer and has a
son (Malte) and daughter, Bettina. By a decision of the German Nobility
Association of 20 Feb 1951 he was permitted to assume the title of Fürst von
Putbus, this title to pass by male primogeniture descent.  
--
Guy Stair Sainty
www.chivalricorders.org/index3.htm
WILLIAM BALDWIN JR
2006-05-28 01:20:02 UTC
Permalink
Post by Guy Stair Sainty
Post by WILLIAM BALDWIN JR
"German nobility" is an abstract concept that can only exist in law.
Otherwise, it is just as "real" as a title granted by the MM or a Lord of
Camster. No one accepts Lord of Camster titles because there is a legal
system refusing to even entertain them. Likewise, the legal system will not
entertain disputes over adoptees not being "real". Matter of fact, the legal
system has granted the use of the title, it is being used legally, to the
same extent any other title can be used (or even exist) legally. There is
only one line of argument that adoptees titles are not "real". That argument
is that none of them are real, either adopted or blood.
But in fact the SMOM does apply the pre-1918 nobiliary regulations in
determining who is or who is not entitled to a noble style in their diplomas of
admission and in the use of titles by office holders of the Order. The SMOM does
have a special recognition in Germany, albeit not as sovereign,
SMOM is free to recognize whoever they want as whatever they want. They've
had to make at lot of allowances and special rules to make distinctions as
to who is noble and who is not in countries that legally don't hav esuch
distinctions. they've gone as far as recognizing armigerousness in England
as equating to nobility, (when this is historically and patently incorrect)
since their is no other way to equate to a continental nobility. (not that I
would do it any differently, btw)
Post by Guy Stair Sainty
Furthermore, as in Austria, there is at least one surviving ancien regime
nobiliary corporation, that of Wurttemberg, which has a long and historic
existence. Similarly, the Roll of the Nobility of Tyrol is recognized as a legal
corporation in Austria and its insignia can be worn; the members may not use
their titles,
More private associations recognized by as legal corporations...some ancient
legal corporations in the US have insignia that can be worn on the uni, too.
Post by Guy Stair Sainty
Post by WILLIAM BALDWIN JR
Nor did the law and legal decisons allowing adoptess to use noble titles
suddenly "create" 40-50,000 people. Titles are incorporeal and only exist in
legal systems recognizing them. Their existence is only to the extent the
legal system recognizes them.
They may be recognized by other legal systems. For example, before 1968 a
spaniard who inherited a foreign title could obtain permission to use it in
Spain and have it incorporated into the register of foreign titles; after 1968
this right continued but on the condition that the successor government of the
state which awarded it confirmed the title holder was the heir. Italy, Germany,
Portugal, ect obviously do not do this.
Other legal systems, other rules. Just like the Vatican legal system
recognizing the inheritance thru adoption when it's home jurisdiction
wouldn,t, eh?

;-) ;-)
Post by Guy Stair Sainty
Post by WILLIAM BALDWIN JR
Many private bodies have strict rules, review and adjudicate..*yawn* ..Some
are well regulated and maintain rules, some don't . Doesn't change whether
they are a *private*, non-goverment body or not. Most of the "self-styled"
associations have highly detailed rules..but are still private bodies that
mean as much as any other private body.
Except that the German Nobility Association decision have obtained a certain
recognition; for example,
(snip of very interesting case where the official legal system made a
decision that concurred with a decision already made by the GNA.) Courts
will sometimes rely on expert testimony in the US, too.

I'm not saying titles don't exist in Germany. My position is that the only
interpretation that can construe them as "limited" or "real" in blood only,
to exclude adoptees, will exclude them all.
--
WILLIAM BALDWIN JR
MBA HCM program
Ground below Zero
New Orleans, La (central time zone)
www.coastguardauxiliaryfc61.org
Jan Böhme
2006-05-28 15:43:29 UTC
Permalink
Post by WILLIAM BALDWIN JR
Post by WILLIAM BALDWIN JR
Titles are incorporeal and only exist
in legal systems recognizing them.
Their existence is only to the extent the
legal system recognizes them.
Why do you say so? There are very few titles protected by law in
Sweden, and the titles of "count" and "baron" are not among them. Yet,
it is perfectly clear here who is a "real" count or baron" - i.e who
belongs to a comital or baronial family within the Swedish House of
Nobility and who doesn't - and would be so also when the Swedish House
of Nobility has no official recognition whatsoever.

You argue that that abolition of official recognition of noble titles
in various European countries has turned nobility into a mere private
association. First off, this is debatable - to different extents in
different European countries that have abolished recognition of noble
titles in rather different ways. But second, even if the nobility is a
"mere" private associations in countries like Germany or Austria, it is
still the nobility. Private association or not is immaterial. The
nobility still exists as a well-defined body, its inclusion criteria
questioned by nobody except a handful of obviously dishonest scammers
and title pedlers.

Furthermore, the concept of nobility is in and by itself independent of
the concept of hereditary titles. Most European nobles are untitled.
This in and by itself puts the concept of inheriting titles by adoption
in doubt. Do you become noble by being adopted by an untitled German
nobleman? If so, why? If not, why would you then become noble by being
adopted by a german nobleman who has a title merged into his surname?

Name and nobility are separate. In Sweden it used to be that most of
the nobility bore surnames that were exclusive to the nobility. After
the new Name Law of 1983, which allowed people to take the maiden name
of their mother, or of either grandmother, without asking permission
from the family in question, the ranks of people with previously
exclusively noble surnames have - as might have been expected - swollen
considerably.

Now, is an indiviual bearing the name of "Elgenstierna" because it was
the maiden name of his wife's maternal grandmother a member of the
Swedish nobility? I dare you to guess the position of the Swedish House
of Nobility on this matter...
Post by WILLIAM BALDWIN JR
I'm not saying titles don't exist in Germany. My position is that the only
interpretation that can construe them as "limited" or "real" in blood only,
to exclude adoptees, will exclude them all.
Only under the assupmtion that nobility needs an official recognition
to exist. You seem to assume this a priori. But this is patently untrue
as a blanket statement, contradicted strongly for example in thirteenth
century Sweden.

If nobility didn't need official recognition then, when it was really
politically and economically important, why would it need one now?

The only thing that I can see that an official recognition of nobility
is really needed for in today's types of societies, is for de novo
creations of nobility or noble titles. But why would you really need
one for the maintenance of nobility?

Jan Böhme
WILLIAM BALDWIN JR
2006-05-28 22:52:52 UTC
Permalink
Post by Jan Böhme
Post by WILLIAM BALDWIN JR
Titles are incorporeal and only exist
in legal systems recognizing them.
Their existence is only to the extent the
legal system recognizes them.
Why do you say so? Yet,
it is perfectly clear here who is a "real" count or baron" - i.e who
belongs to a comital or baronial family within the Swedish House of
Nobility and who doesn't - and would be so also when the Swedish House
of Nobility has no official recognition whatsoever.

But it does, and hence the "it is perfectly clear here who is a "real" count
or baron" "
Post by Jan Böhme
You argue that that abolition of official recognition of noble titles
in various European countries has turned nobility into a mere private
association.

No, I do not argue that, nor believe that to be true.
Post by Jan Böhme
Furthermore, the concept of nobility is in and by itself independent of
the concept of hereditary titles. Most European nobles are untitled.

both correct....
Post by Jan Böhme
This in and by itself puts the concept of inheriting titles by adoption
in doubt.

How so? And why would titled/untitled affect it?
Post by Jan Böhme
I'm not saying titles don't exist in Germany. My position is that the only
interpretation that can construe them as "limited" or "real" in blood only,
to exclude adoptees, will exclude them all.
Only under the assupmtion that nobility needs an official recognition
to exist. You seem to assume this a priori.

Unless you want to go to a "Universal Theory" that anyone can grant them,
including to themselves, as long as someone will recognize them. A quaint
and egalitarion way of looking at it, but I don't see how it would keep out
the self-styled if you went that route....

And again, I'm not saying titles don't exist in Germany. I'm all for
preserving as many traditions of Knighthood, Nobility, Heraldry and whatnot
that we can. But my position on titles in Germany is that the only
interpretation that can construe them as "limited" or "real" in blood only,
to exclude adoptees, will exclude them all. And I find it hilarious. Just
like RN's characterizing themselves as "Professional nurses", as opposed to
practical and vocational nurses when the only conceivable definition of
professional that excludes the latter 2 excludes them all.
--
WILLIAM BALDWIN JR
MBA HCM program
Ground below Zero
New Orleans, La (central time zone)
www.coastguardauxiliaryfc61.org
George Lucki
2006-05-28 21:20:10 UTC
Permalink
Post by WILLIAM BALDWIN JR
Post by Guy Stair Sainty
Post by WILLIAM BALDWIN JR
"German nobility" is an abstract concept that can only exist in law.
Otherwise, it is just as "real" as a title granted by the MM or a Lord of
Camster. No one accepts Lord of Camster titles because there is a legal
system refusing to even entertain them. Likewise, the legal system will not
entertain disputes over adoptees not being "real". Matter of fact, the legal
system has granted the use of the title, it is being used legally, to the
same extent any other title can be used (or even exist) legally. There is
only one line of argument that adoptees titles are not "real". That argument
is that none of them are real, either adopted or blood.
German nobility is a concept established in a millenium of law, history,
tradition and custom. It is a factg of European hisotry. Fake titles awarded
by the likes of MM have no basis in this historical context.
Post by WILLIAM BALDWIN JR
Post by Guy Stair Sainty
But in fact the SMOM does apply the pre-1918 nobiliary regulations in
determining who is or who is not entitled to a noble style in their diplomas of
admission and in the use of titles by office holders of the Order. The SMOM does
have a special recognition in Germany, albeit not as sovereign,
SMOM is free to recognize whoever they want as whatever they want. They've
had to make at lot of allowances and special rules to make distinctions as
to who is noble and who is not in countries that legally don't hav esuch
distinctions. they've gone as far as recognizing armigerousness in England
as equating to nobility, (when this is historically and patently
incorrect) since their is no other way to equate to a continental
nobility. (not that I would do it any differently, btw)
Yes. SMOM is free in this regard, but in Europe there is a history of being
in accord with the historical rules and context of European nobility. In
terms of the Enlish rules as far as I know they have required centuries of
armigerousness for Honour and Devotion. This in a European context is a
reasonable equivalent. English concepts equating nobility with peerage is
idiosyncratic in the European context.
Post by WILLIAM BALDWIN JR
Post by Guy Stair Sainty
Furthermore, as in Austria, there is at least one surviving ancien regime
nobiliary corporation, that of Wurttemberg, which has a long and historic
existence. Similarly, the Roll of the Nobility of Tyrol is recognized as a legal
corporation in Austria and its insignia can be worn; the members may not use
their titles,
More private associations recognized by as legal corporations...some
ancient legal corporations in the US have insignia that can be worn on the
uni, too.
Post by Guy Stair Sainty
Post by WILLIAM BALDWIN JR
Nor did the law and legal decisons allowing adoptess to use noble titles
suddenly "create" 40-50,000 people. Titles are incorporeal and only exist in
legal systems recognizing them. Their existence is only to the extent the
legal system recognizes them.
They may be recognized by other legal systems. For example, before 1968 a
spaniard who inherited a foreign title could obtain permission to use it in
Spain and have it incorporated into the register of foreign titles; after 1968
this right continued but on the condition that the successor government of the
state which awarded it confirmed the title holder was the heir. Italy, Germany,
Portugal, ect obviously do not do this.
Other legal systems, other rules. Just like the Vatican legal system
recognizing the inheritance thru adoption when it's home jurisdiction
wouldn,t, eh?
;-) ;-)
I don't believe the Vatican has extended a Savoy Italian title to include
adopted sons. I cannot see that the court had jurisdiction or authority. If
a Lousiana parish court extended to someone a French ancien regime title
through an adoptive line would this be valid? Could we say the US legal
system recognized the transmission of French nobility through adoption?
Could we call this a "Ruling Presidential elevation" - no we'd shake our
heads and chuckle that the court had overstepped.
Post by WILLIAM BALDWIN JR
Post by Guy Stair Sainty
Post by WILLIAM BALDWIN JR
Many private bodies have strict rules, review and adjudicate..*yawn* ..Some
are well regulated and maintain rules, some don't . Doesn't change whether
they are a *private*, non-goverment body or not. Most of the
"self-styled"
associations have highly detailed rules..but are still private bodies that
mean as much as any other private body.
Except that the German Nobility Association decision have obtained a certain
recognition; for example,
(snip of very interesting case where the official legal system made a
decision that concurred with a decision already made by the GNA.) Courts
will sometimes rely on expert testimony in the US, too.
I'm not saying titles don't exist in Germany. My position is that the only
interpretation that can construe them as "limited" or "real" in blood
only, to exclude adoptees, will exclude them all.
Not at all. German nobility *is* governed by its own historical rules.
Membership in an association is not the important factor. A great number of
German nobles are not members of any association - but they are noble by
fact of their birth. The association though is the best arbiter of what is
correct or not - not a Vatican or US court. The Pope alone is the best
arbiter of what is correct in terms of Papal titles. Is it possible to
imagine exceptions to the blood, yes, but this is for the estate to
determine. For example, a child born within a marriage (perhaps biologically
of a different father) and accepted by the husband as his own would be
presumed both legitimate and natural. (maternity has been more certain than
pternity throughout history). The adoption of a father's natural children
might be a good basis. In each case the matter would need to be examined by
the association fo the nobility itself. What others might declare will not
make for acceptance within the group.

Jan raised the important issue that nobility is not the same as titles -
most European nobles are untitled. He also raises the valid point of the
historical existence of the nobility vs. its legal recognition.

Kind regards, George Lucki
WILLIAM BALDWIN JR
2006-05-28 23:04:59 UTC
Permalink
Post by George Lucki
German nobility is a concept established in a millenium of law, history,
tradition and custom. It is a factg of European hisotry. Fake titles
awarded by the likes of MM have no basis in this historical context.
agreed.
Post by George Lucki
Post by WILLIAM BALDWIN JR
Other legal systems, other rules. Just like the Vatican legal system
recognizing the inheritance thru adoption when it's home jurisdiction
wouldn,t, eh?
;-) ;-)
I don't believe the Vatican has extended a Savoy Italian title to include
adopted sons. I cannot see that the court had jurisdiction or authority.
Or at the very least it would be subject to review by a higher court.
Post by George Lucki
If a Lousiana parish court extended to someone a French ancien regime
title through an adoptive line would this be valid? Could we say the US
legal system recognized the transmission of French nobility through
adoption?
This might actually happen one day. Since the French system is similar, in
that titles are just names, a Louisiana court might not have a problem
taking such a case if it involved a child or other person it felt was now
within it's jurisdiction. The state was once very concerned with a child's
"true" last name, and legitimacy at birth, etc. Louisiana is one of the few
(only?) state/s in the US that use French law to determine estate
inheritance, also.
Post by George Lucki
Post by WILLIAM BALDWIN JR
Post by Guy Stair Sainty
Post by WILLIAM BALDWIN JR
Many private bodies have strict rules, review and adjudicate..*yawn* ..Some
are well regulated and maintain rules, some don't . Doesn't change whether
they are a *private*, non-goverment body or not. Most of the
"self-styled"
associations have highly detailed rules..but are still private bodies that
mean as much as any other private body.
Except that the German Nobility Association decision have obtained a certain
recognition; for example,
(snip of very interesting case where the official legal system made a
decision that concurred with a decision already made by the GNA.) Courts
will sometimes rely on expert testimony in the US, too.
I'm not saying titles don't exist in Germany. My position is that the
only interpretation that can construe them as "limited" or "real" in
blood only, to exclude adoptees, will exclude them all.
--
WILLIAM BALDWIN JR
MBA HCM program
Ground below Zero
New Orleans, La (central time zone)
www.coastguardauxiliaryfc61.org
George Lucki
2006-05-28 23:43:32 UTC
Permalink
Post by WILLIAM BALDWIN JR
Post by George Lucki
German nobility is a concept established in a millenium of law, history,
tradition and custom. It is a factg of European hisotry. Fake titles
awarded by the likes of MM have no basis in this historical context.
agreed.
Post by George Lucki
Post by WILLIAM BALDWIN JR
Other legal systems, other rules. Just like the Vatican legal system
recognizing the inheritance thru adoption when it's home jurisdiction
wouldn,t, eh?
;-) ;-)
I don't believe the Vatican has extended a Savoy Italian title to include
adopted sons. I cannot see that the court had jurisdiction or authority.
Or at the very least it would be subject to review by a higher court.
Post by George Lucki
If a Lousiana parish court extended to someone a French ancien regime
title through an adoptive line would this be valid? Could we say the US
legal system recognized the transmission of French nobility through
adoption?
This might actually happen one day. Since the French system is similar, in
that titles are just names, a Louisiana court might not have a problem
taking such a case if it involved a child or other person it felt was now
within it's jurisdiction. The state was once very concerned with a child's
"true" last name, and legitimacy at birth, etc. Louisiana is one of the
few (only?) state/s in the US that use French law to determine estate
inheritance, also.
In France titles are not so much a part of the name as accessories of the
name and are not inherited by all children or heirs but ONLY by those who
are entitled to on the basis of the specific provisions ORIGINAL grant.
There are numerous court rulings that have established this. The Republic is
in position to amend the original grants. The French position is of course
the correct one. The issue is different with respects to different forms of
property. Other property may be inherited under terms very different than
those that apply to titles. A hypothetical Louisiana parish court's
extension of a French grant would make as much sense as a Perugian diocesan
court's extension of the terms of a Savoy grant.

George Lucki
WILLIAM BALDWIN JR
2006-05-29 15:38:38 UTC
Permalink
Post by George Lucki
Post by WILLIAM BALDWIN JR
This might actually happen one day. Since the French system is similar,
in that titles are just names, a Louisiana court might not have a problem
taking such a case if it involved a child or other person it felt was now
within it's jurisdiction. The state was once very concerned with a
child's "true" last name, and legitimacy at birth, etc. Louisiana is one
of the few (only?) state/s in the US that use French law to determine
estate inheritance, also.
In France titles are not so much a part of the name as accessories of the
name and
accesories of the name, part of the name, six of one, half dozen of the
other...


The issue is different with respects to different forms of
Post by George Lucki
property. Other property may be inherited under terms very different than
those that apply to titles.
I did not equate French "titles" to property. Only that Louisiana still used
the french property laws when other states never did.
Post by George Lucki
A hypothetical Louisiana parish court's
extension of a French grant would make as much sense as a Perugian diocesan
court's extension of the terms of a Savoy grant.
My point was that Louisiana might make a decision on what is/was someone's
true "name". I doubt Louisiana wouldn't even recognize that other countries
have nobility, and consider the whole issue silliness. I once read an
American writer refer to British parliament ceremonies as "some kind of
continuing re-enactment" of past traditions..
--
WILLIAM BALDWIN JR
MBA HCM program
Ground below Zero
New Orleans, La (central time zone)
www.coastguardauxiliaryfc61.org
George Lucki
2006-05-29 18:46:10 UTC
Permalink
Post by WILLIAM BALDWIN JR
Post by George Lucki
Post by WILLIAM BALDWIN JR
This might actually happen one day. Since the French system is similar,
in that titles are just names, a Louisiana court might not have a
problem taking such a case if it involved a child or other person it
felt was now within it's jurisdiction. The state was once very concerned
with a child's "true" last name, and legitimacy at birth, etc. Louisiana
is one of the few (only?) state/s in the US that use French law to
determine estate inheritance, also.
In France titles are not so much a part of the name as accessories of the
name and
accesories of the name, part of the name, six of one, half dozen of the
other...
Not at all! They are treated differently in French law.
There is an important difference. Choices of paternal/maternal etc. names
are available to children according to the general rules of French civil law
and there general rules for adoptive children, but noble titles (as
accessories to names) are *only* available according to the rules of the
original grant of the title - so not all children could be eligible and
depending on whether this was a Napoleonic or ancient regime title adoptive
sons would be eligible or ineligible to be considered consistently with the
rules put in place in the past by those dysnasties. French courts of course
have no authority to modify or extend those rules beyond the original
grant..
Post by WILLIAM BALDWIN JR
Post by George Lucki
A hypothetical Louisiana parish court's
extension of a French grant would make as much sense as a Perugian diocesan
court's extension of the terms of a Savoy grant.
My point was that Louisiana might make a decision on what is/was someone's
true "name". I doubt Louisiana wouldn't even recognize that other
countries have nobility, and consider the whole issue silliness. I once
read an American writer refer to British parliament ceremonies as "some
kind of continuing re-enactment" of past traditions..
If Lousiana changed someone's name to include what sounded like a noble
title lets say Baron de Bastorp (a well known self-styled baron in late
eighteenth century Spanish Louisiana) or some modern day Laumet who like his
well known ancestor would have wished to assume the style and arms of others
and call themselves like the sometime governor of Louisiana "Sieur de
Lamothe-Cadillac" they would of course not have created a titled individual
or a in the second case a nobleman. Names can be changes quite easily but
the Perugian church court claimed to have the authority to do more.

Kind regards,
George Lucki
WILLIAM BALDWIN JR
2006-05-29 20:08:29 UTC
Permalink
Post by George Lucki
If Lousiana changed someone's name to include what sounded like a noble
title lets say Baron de Bastorp (a well known self-styled baron in late
eighteenth century Spanish Louisiana) or some modern day Laumet who like
his well known ancestor would have wished to assume the style and arms of
others and call themselves like the sometime governor of Louisiana "Sieur
de Lamothe-Cadillac" they would of course not have created a titled
individual or a in the second case a nobleman.
Very true, just like Germany.
Post by George Lucki
Names can be changes quite easily but the Perugian church court claimed to
have the authority to do more.
I believe your'e referencing a diocese court interpretation of a savoy
title, not a german one.
--
WILLIAM BALDWIN JR
MBA HCM program
Ground below Zero
New Orleans, La (central time zone)
www.coastguardauxiliaryfc61.org
George Lucki
2006-05-29 20:24:04 UTC
Permalink
Post by WILLIAM BALDWIN JR
Post by George Lucki
If Lousiana changed someone's name to include what sounded like a noble
title lets say Baron de Bastorp (a well known self-styled baron in late
eighteenth century Spanish Louisiana) or some modern day Laumet who like
his well known ancestor would have wished to assume the style and arms of
others and call themselves like the sometime governor of Louisiana "Sieur
de Lamothe-Cadillac" they would of course not have created a titled
individual or a in the second case a nobleman.
Very true, just like Germany.
Yes.
Post by WILLIAM BALDWIN JR
Post by George Lucki
Names can be changes quite easily but the Perugian church court claimed to
have the authority to do more.
I believe your'e referencing a diocese court interpretation of a savoy
title, not a german one.
Yes of course I am! I'm referring back to the original example of a diocesan
court claiming to naturalize and then alter a foreign (Savoy) grant of a
title as an added service to a filiation process. Having come full circle
we're back to the idea that courts wherever they might be can only do what
is within their competence - change a name, legitimize a birth, etc. but
they cannot change the rules of a grnat of nobility or title granted by
someone else. Agreed?

George Lucki
Post by WILLIAM BALDWIN JR
--
WILLIAM BALDWIN JR
MBA HCM program
Ground below Zero
New Orleans, La (central time zone)
www.coastguardauxiliaryfc61.org
g***@wp.pl
2006-05-24 16:13:04 UTC
Permalink
German nobility is a question of genealogy rather than name. Germany
does not recognize in law the existence of a nobility. There has been a
bit of a trade ibn name change through adoption or marriage but that
does not gain you admit6tance to the historical German nobility as it
does not confrom to their rules - rules established in a different
historical context.
WILLIAM BALDWIN JR
2006-05-24 19:40:01 UTC
Permalink
Post by g***@wp.pl
German nobility is a question of genealogy rather than name. Germany
does not recognize in law the existence of a nobility. There has been a
bit of a trade ibn name change through adoption or marriage but that
does not gain you admit6tance to the historical German nobility as it
does not confrom to their rules - rules established in a different
historical context.
How can it be a question of genealogy rather than name if it doesn't exist?
You can tell the adoptees that they don't have titles, just names with the
same words,..but that's all the genealogicals have left, too.
--
WILLIAM BALDWIN JR
MBA HCM program
Ground below Zero
New Orleans, La (central time zone)
www.coastguardauxiliaryfc61.org
g***@yahoo.com
2006-05-25 00:54:56 UTC
Permalink
Post by WILLIAM BALDWIN JR
How can it be a question of genealogy rather than name if it doesn't exist?
You can tell the adoptees that they don't have titles, just names with the
same words,..but that's all the genealogicals have left, too.
=========

Is it perhaps more accurate to say that German nobility is a matter of
blood, and not necessarily of name. And, that which doesn't _legally_
exist in modern Germany (nobility) still exists in the blood
descendants of the "former nobility."

--Guy Power
WILLIAM BALDWIN JR
2006-05-25 13:17:39 UTC
Permalink
Post by g***@yahoo.com
Post by WILLIAM BALDWIN JR
How can it be a question of genealogy rather than name if it doesn't exist?
You can tell the adoptees that they don't have titles, just names with the
same words,..but that's all the genealogicals have left, too.
=========
Is it perhaps more accurate to say that German nobility is a matter of
blood, and not necessarily of name. And, that which doesn't _legally_
exist in modern Germany (nobility) still exists in the blood
descendants of the "former nobility."
An interesting rationalization, but the definition of a title is an
artificial construct in law. If the Law says it only exists as part of a
name, that is the extent of it's existence. Making your own rules is fine,
but that is no different from the other self-styled nobles that make their
own rules, too.
--
WILLIAM BALDWIN JR
MBA HCM program
Ground below Zero
New Orleans, La (central time zone)
www.coastguardauxiliaryfc61.org
g***@yahoo.com
2006-05-26 04:23:57 UTC
Permalink
Post by George Lucki
ghp: Is it perhaps more accurate to say that German nobility is a matter of
blood, and not necessarily of name. And, that which doesn't _legally_
exist in modern Germany (nobility) still exists in the blood
descendants of the "former nobility."
---------
WB: An interesting rationalization, but the definition of a title is an
artificial construct in law. If the Law says it only exists as part of a
name, that is the extent of it's existence. Making your own rules is fine,
but that is no different from the other self-styled nobles that make their
own rules, too.
==============

I do not think the the former German nobility are "making their own
rules." When nobility legally ceased in 1919 the German nobles became
equal before the law; however, amongst themselves socially, they know
who is, *or is not*, of noble blood. Which is why they do not accept
as noble (or of noble blood) any adult who has been adopted into a
(former) noble family -- he may bear a "von" prefix legally, but he's
not a Freiherr, Graf, etc.

Analogue: The officer class of an army is disbanded and the officers
are allowed to incorporate their former rank as part of their legal
family name. They still recognize each other as "officers" -- albeit no
longer working in their profession. Their family and male descendents
are "of the officer class" and keep social ties with the other
descendants (it's a very close-bound group, donchaknow, these loyal
officers!). Move forward 87 years: Guy Major-Power adopts an adult who
becomes Joe Major-Power (Joe paid me a lot of money). Joe -- although
he is legally a "Major-Power" is not an officer, former officer, nor
born of a family who is known to be of the former officer lineage.
People not associated with the Officer Association will automatically
think Joe is "Officer" quality because of the name ..... but everyone
in the Officer Association, and their friends & colleagues, know that
Joe is "not of the blood" and refer to him as a parvenue. I think this
analogue aptly applies to the German nobility.

Regards
--Guy Power
WILLIAM BALDWIN JR
2006-05-26 13:35:50 UTC
Permalink
Post by g***@yahoo.com
I do not think the the former German nobility are "making their own
rules." When nobility legally ceased in 1919 the German nobles became
equal before the law; however, amongst themselves socially, they know
who is, *or is not*, of noble blood. Which is why they do not accept
as noble (or of noble blood) any adult who has been adopted into a
(former) noble family -- he may bear a "von" prefix legally, but he's
not a Freiherr, Graf, etc.
Nor are they.
Post by g***@yahoo.com
Analogue: The officer class of an army is disbanded and the officers
are allowed to incorporate their former rank as part of their legal
family name. They still recognize each other as "officers" -- albeit no
longer working in their profession. Their family and male descendents
are "of the officer class" and keep social ties with the other
descendants (it's a very close-bound group, donchaknow, these loyal
officers!). Move forward 87 years: Guy Major-Power adopts an adult who
becomes Joe Major-Power (Joe paid me a lot of money). Joe -- although
he is legally a "Major-Power" is not an officer, former officer, nor
born of a family who is known to be of the former officer lineage.
People not associated with the Officer Association will automatically
think Joe is "Officer" quality because of the name ..... but everyone
in the Officer Association, and their friends & colleagues, know that
Joe is "not of the blood" and refer to him as a parvenue.
Actually, I agree with this. the officer assoc or any other assoc can make
the rules above, (or any other rules), and recognize or not anyone they like
as anything they want. Just like any other association.
--
WILLIAM BALDWIN JR
MBA HCM program
Ground below Zero
New Orleans, La (central time zone)
www.coastguardauxiliaryfc61.org
Mark E Sievert
2006-05-24 01:04:49 UTC
Permalink
Post by Guy Stair Sainty
Post by WILLIAM BALDWIN JR
Post by Guy Stair Sainty
Italian nobiliary law is absolutely clear on this point; that heirs must be
*natural* (i.e. born of a person through whom the claim is made) and
*legitimate* (i.e. born of a valid marriage). In the case of Papal
titles
and an
even narrower consideration is applied - that it must be a valid Catholic
marriage. That is why the registration of a descent with an
ecclesiastical
tribunal is perfectly appropriate to establish the filiation of Papal titles,
because such a registratino would be necessary to prove the Catholic descent.
An adoptive heir is now put in the position of a legitimate child; but canon law
says nothing about putting him or her in the position of a *natural* child,
which it self-evidently cannot do.
I do not accept or deny the claim being made, nor disagree that what GSS
writes above is fact (in Italian Nobilliary law, anyway..). It just doesn't
seem right that a person that is legally the son of someone, for all intents
and purposes in law, is not their son for a specific legal purpose. It
certainly doesn't seem correct from a compassionate or moral standpoint for
the church to be a part of it, either.
On the same premise one may argue that it is not fair that daughters cannot
succeed, or anyone who the title holder nominates. But titles are granted by
Sovereign prerogative, as a privilege, not a right, according to certain rules
of descent. In both Italian and Papal nobiliary law (and Spanish, Portuguese,
british, French, Belgian, Dutch, Swedish, Russian and German) to inherit a title
under the norms of nobiliary law it is necessary to be both *legitimate* 9which
cna include adoptive issue) and *natural* (which cannot). Those are the rules
and whether they you consider them fair or unfair is entirely irrelevant.
Guy Stair Sainty
www.chivalricorders.org/index3.htm
Concerning Swedish nobiliary law, one would think *natural* would be
unimportant in the current Royal House of Benadotte.

Mark E Sievert
Jan Böhme
2006-05-24 06:21:09 UTC
Permalink
Post by Mark E Sievert
Concerning Swedish nobiliary law, one would think *natural* would be
unimportant in the current Royal House of Benadotte.
I don't understand your remark. The Swedish King hasn't nobilised
anyone since 1902, and the Royal House of Bernadotte is completely
unaffected by Swedish nobiliary law as family, because the non-Royal
titled branches do not belong to the Swedish nobility, but to the
Luxemburgian. If you think of the adoption of Bernadotte as an adopted
som och Charles XIII, for one thing this had nothing to do with then
current nobiliary law (which allowed adoption undes certain
circumstances, but only of reasonably close relatives) and for the
second, there is a reason that we speak, as you do, of the current
Royal House of Bernadotte, and not still of the Royal House of
Holstein-Gottorp.

In the case of their being no heir according to the succession rules,
the Swedish Estates elected one ´freely. Thus, the adoption of
Bernadote was just wall-painting of no legal importance.

Jan Böhme
Guy Stair Sainty
2006-05-22 20:13:53 UTC
Permalink
Post by George Lucki
Or maybe I should see what the local diocesan court could do for me? Like
many thrones, the Polish crown was established with Papal permission. By the
same logic it would seem appropriate that a local church tribunal in
Edmonton or elsewhere to be the appropriate venue for such 'Papal' titles.
Or just imagine the potential for corruption - not only every heir to a Papal
title, but every heir to any title conferred in the past or present by the heir
to a monarchy once invested by the Pope, will be able to adopt an heir
and pass to that heir the nobiliary rights to his title! It will put the German
business of adoption and name change into the shade. Can one imagine for one
moment that the Holy See would allow such an abuse.

In any case, the information I now have is that these matters are the exclusive
prerogative of the Supreme Pontiff, who if he was to act would do
so through the Secretary of State (formerly the Secretary for Briefs) who
for centuries has had the responsibility of producing Papal patents of
nobility. The 1876 Brief is still binding and this limits successions to
*Natural* and *Legitimate* issue.
--
Guy Stair Sainty
www.chivalricorders.org/index3.htm
WILLIAM BALDWIN JR
2006-05-23 00:14:48 UTC
Permalink
Post by George Lucki
Thanks. The following is based on your description of the ruling. I trust
there is a seperate basis for the title because basing it on this ruling
apparently creates a rather weak and implausible basis. I think that the
ruling seems flawed but it does contain a fascinating logic.
The first issue is of juridiction. A diocesan court (it should be
clarified in the register that this was not a decision of the Holy See but
that of a local church)? Certainly the matters presented to this court
appear on the face of it to greatly exceed the competencies of the court.
Agreed so far....

What is
Post by George Lucki
particularly funny is that if one followed the implications, this court
would be asserting that any act of the Savoy monarchy has continued in the
eyes of the Church to be subject to Church law (rather than the laws and
decrees of the Italian Kingdom) and that the competent authority to alter
Umberto's decrees is not his heir but a diocesan church tribunal. The
tribunal by extension would seem to assert that nobillary grants of the
Savoy monarchy are in fact nobillary grants of the Church and so subject
to extension and ammendment by the Church.
I know this is hair splitting, but I don't think that's the claim being
alleged. The original statement focused on the savoy claim to also be
sovereigns of Jerusalem. So basically he is claiming a title in the Nobility
and Peerage of the Kingdom of Jersulam, not Italy. (or the Jersalem portion
of the grant by a Italian/Jersusalem monarch...) Since the Pope has declared
the power to enthrone and depose Emperors, I suppose he can change
remainders granted by a mere King as well. Whether a local diocese can do so
on his behalf is a little more doubtful.....
George Lucki
2006-05-23 01:14:32 UTC
Permalink
Post by WILLIAM BALDWIN JR
Post by George Lucki
Thanks. The following is based on your description of the ruling. I trust
there is a seperate basis for the title because basing it on this ruling
apparently creates a rather weak and implausible basis. I think that the
ruling seems flawed but it does contain a fascinating logic.
The first issue is of juridiction. A diocesan court (it should be
clarified in the register that this was not a decision of the Holy See
but that of a local church)? Certainly the matters presented to this
court appear on the face of it to greatly exceed the competencies of the
court.
Agreed so far....
What is
Post by George Lucki
particularly funny is that if one followed the implications, this court
would be asserting that any act of the Savoy monarchy has continued in
the eyes of the Church to be subject to Church law (rather than the laws
and decrees of the Italian Kingdom) and that the competent authority to
alter Umberto's decrees is not his heir but a diocesan church tribunal.
The tribunal by extension would seem to assert that nobillary grants of
the Savoy monarchy are in fact nobillary grants of the Church and so
subject to extension and ammendment by the Church.
I know this is hair splitting, but I don't think that's the claim being
alleged. The original statement focused on the savoy claim to also be
sovereigns of Jerusalem. So basically he is claiming a title in the
Nobility and Peerage of the Kingdom of Jersulam, not Italy. (or the
Jersalem portion of the grant by a Italian/Jersusalem monarch...) Since
the Pope has declared the power to enthrone and depose Emperors, I suppose
he can change remainders granted by a mere King as well. Whether a local
diocese can do so on his behalf is a little more doubtful.....
But is the title one of the nobility of Jerusalem or Armenia or is it a
title of the Savoy Italian crown? I expect that it was an Italian title.
Just because King has several titles of pretense does not mean when he is
ennobling he ennobles to the nobilities of all those lands simultaneously.
The Vasa kings of Poland claimed the titles of the Swedish king and John
Casimir occasionally purported to ennoble to the Swedish nobility (which did
not require parliamentary approval) but this was seperate from any Polish
ennoblements. Closer to home the sovereigns of England and Scotland or the
UK ennobled at various times to the UK, English, Irish and Scottish
peerages - all seperate - just because he bore all of the titles it did not
mean that when creating an Irish peer the King was also automtically
creating an English one.

The Pope could simply extend the remainder by creating a new Papal comital
title that encompassed the original Savoy grant. Of course that did not
happen and no, a diocesan tribunal is not a fount of honour.

George Lucki
WILLIAM BALDWIN JR
2006-05-23 16:29:55 UTC
Permalink
Post by George Lucki
Post by WILLIAM BALDWIN JR
I know this is hair splitting, but I don't think that's the claim being
alleged. The original statement focused on the savoy claim to also be
sovereigns of Jerusalem. So basically he is claiming a title in the
Nobility and Peerage of the Kingdom of Jersulam, not Italy. (or the
Jersalem portion of the grant by a Italian/Jersusalem monarch...) Since
the Pope has declared the power to enthrone and depose Emperors, I
suppose he can change remainders granted by a mere King as well. Whether
a local diocese can do so on his behalf is a little more doubtful.....
But is the title one of the nobility of Jerusalem or Armenia or is it a
title of the Savoy Italian crown? I expect that it was an Italian title.
I suspect you are correct on this, but also suspect the claimant is
interpreting it in whatever way best suits his purpose. (As most people
would).
Post by George Lucki
happen and no, a diocesan tribunal is not a fount of honour.
I don't think anyone has alleged it is. The claimant believes it can make a
ruling in the name of the Papal font just like the Lord Lyon, etc, . At the
least, it would be subject to appeal at a higher level. The only people I
could see caring enough to make a Devil's Advocate appeal would be GSS or
Sean Murphy....
Guy Stair Sainty
2006-05-23 08:08:44 UTC
Permalink
Post by WILLIAM BALDWIN JR
I know this is hair splitting, but I don't think that's the claim being
alleged. The original statement focused on the savoy claim to also be
sovereigns of Jerusalem. So basically he is claiming a title in the Nobility
and Peerage of the Kingdom of Jersulam, not Italy. (or the Jersalem portion
of the grant by a Italian/Jersusalem monarch...) Since the Pope has declared
the power to enthrone and depose Emperors, I suppose he can change
remainders granted by a mere King as well. Whether a local diocese can do so
on his behalf is a little more doubtful.....
But the Savoy claim to be Kings of Jerusalem goes back logn before they were
also able to assume the regnal dynasty as Kings of sicily then Sardinia; in fact
they never pretended to enjoy any nobiliary jurisdiction as Kings of Jerusalem.
In fact the Kings of Jerusalem when reigning in the Holy Land never enjoyed any
nobiliary jurisdiction as we understand it. There werfe fiefs of the Kingdom,
erected by the Crown, or claimed as inferior feudatories of the Crown, but these
were based entirely on feudal tenure; the kings of Jerusalem never conferred
what would be called Palatine titles. Even if they had, the idea that the Pope
could alter amend them would be completely alien - no Pope ever claimed
jurisdiction over titles conferred by the Emperor, for example, even though for
centuries the Emperor had to be crowned by the Pope in Order to assume that
dignity.

What various Popes could and did do, was authorise the use of foreign titles in
their own states; a prerogative claimed by all sovereigns whose states had a
nobiliary jurisdiction. In Great Britian the sovereign even limited such titles,
by the terms of the royal license granted to authorise them (for example, by
limiting the use of titles that descended to all descendants in the male line,
to male primogeniture heirs only, when the license was granted to descendants as
well as the original petitioner, as in the de Salis case); but the British
Sovereign never attempted to extend the original remainder and his license
merely limited the use in the British Realm, it did not purport to change the
original remainder.
--
Guy Stair Sainty
www.chivalricorders.org/index3.htm
Martin Goldstraw
2006-05-23 14:34:28 UTC
Permalink
Because we have not until now replied to this thread it may appear to
readers of this forum that the Armorial Register is not willing or able
to comment. This is not the case.

Mr Sainty has chosen to make public by use of this forum a number of
allegations and assertions some of which, by implication, bring the
name of Burke's Peerage into disrepute; the assertions made by Mr.
Sainty are that Burke's Peerage & Gentry Armorial Register takes
little or no care in who it accepts as registrants and that there
exists no procedures at all to vet any applicants. Mr Sainty has no
knowledge of the extensive vetting procedure taken in each case and his
assertions are unfounded and ill informed. A great deal of research,
care and forethought goes into the acceptance (or rejection) of
applicants and there have been a number of rejections since the
beginning of the project. We do not claim infallibility and where we
have been misled we will act.

Of the three persons so openly criticized by Mr. Sainty one had already
been identified by us as being somewhat suspect and was simply awaiting
removal by the web master at the time Mr Sainty made his post in public
- had he extended us a little courtesy and contacted us privately he
would have been told that this was so. We do not intend to defend the
temporary inclusion of this particular individual; proof of titles was
promised but never materialized. The entry was premature but whilst
waiting for proof of titles to be forwarded our own checks highlighted
the difficulties with the claims and the entry was subsequently
removed.

Mr. Sainty made further allegations that the register had included two
other gentlemen who purported to hold titles to which they had no
right. He is wrong to assert that we simply accepted their word without
any form of checks being undertaken. As with all our applicants, both
of these gentlemen had fulfilled the requirements and fully satisfied
us that they were entitled to use the styles and titles claimed.

Mr. Sainty was informed of all this by private correspondence and yet
continues to publicly challenge the rights of the persons concerned. He
is of the view that his opinion is worth more than the weight of a
properly convened Catholic ecclesiastical court. The Armorial Register
does not set itself above any court of law whatever the jurisdiction.

Any dispute between Burke's Peerage and the Armorial Register and Mr.
Sainty will be taken forward away from this thread and I am informed
that the gentlemen who have been so openly maligned will be taking
their own remedies in law.

Appended to this missive is an explanation of the Apostolic
Constitution and the Code of Canon Law but first readers of this thread
might appreciate a short quote from a Judge in the Catholic
Ecclesiastical Court - the very level of Court whose judgment Mr.
Sainty questions and criticises. I feel it is particularly appropriate
under the circumstances to relay it to the participants of this forum
as it fits perfectly with this particular thread and could almost be
addressed to Mr. Sainty himself who purports to be a good Catholic:

[quote]
The fundamental principle of every Catholic is obedience to the
universal precepts and laws laid out by His Holiness the Pope. The
universal law is the will of the Pope and is made manifest through
Apostolic succession by means of Their Excellencies the Bishops. The
application and execution of the universal law is made manifest through
three orders of justice. The Pope may at any time suspend and/or take
upon Himself any case before these orders of justice. Any verdict given
by any of these orders of justice, once given, is the will of the Pope
in accordance with the universal law (code of canon law). Not only is
not given to any Catholic to discuss the validity of such verdicts,
they are bound by obedience to observe their terms.

A decree, by its own intrinsic nature, in accordance with the universal
law (the code of canon law), is the most perfect expression of an
executive order (I shall not quote the appropriate canons as I am sure
you would not have the patience and time to read them). Up until now,
your insinuations have been merely malign and not supported by any
ecclesiastical juridical argument.

The Holy Roman Apostolic Church cannot be assimilated to ludicrous
examples of fake kings, princes, barons, etc. and fake orders of
chivalry well known to the present zealous "censors" who have come
to fame.

That which is here taking place at the expense of a gentleman who has
placed himself in the hands of the universal law of the Catholic Church
cannot be considered an act nobiliary climbing. That which I have read
insults the person, insults the institution, insults the universal law
and the Pope who regulates it. I am not interested if such actions come
from a Protestant but it is intolerable that this come to pass on the
part of a Catholic.

I hope that for the good and in defense of Catholicism, and for the
good and in defense of His Holiness the Pope and the laws of
promulgation, that the assertions made and undersigned in this space be
brought to the attention of the Apostolic Signatura.
[end quote]

Martin Goldstraw
For and on behalf of Burke's Peerage & Gentry

Point 1. Apostolic Constitution "Pastor Bonus" of 28 June 1988

http://www.vatican.va/holy_father/john_paul_ii/apost_constitutions/documents/hf_jp-ii_apc_19880628_pastor-bonus-index_en.html

IV Tribunals (art. 117 - 130)

Art. 126 - 130 The Roman Rota

Art. 126 - The Roman Rota is a court of higher instance at the
Apostolic See, usually at the appellate stage, with the purpose of
safeguarding rights within the Church; it fosters unity of
jurisprudence, and, by virtue of its own decisions, provides assistance
to lower tribunals.

Art. 127 - The judges of this Tribunal constitute a college. Persons
of proven doctrine and experience, they have been selected by the
Supreme Pontiff from various parts of the world. The Tribunal is
presided over by a dean, likewise appointed by the Supreme Pontiff from
among the judges and for a specific term of office.

Art. 128 - This Tribunal adjudicates:
1. in second instance, cases that have been decided by ordinary
tribunals of first instance and are being referred to the Holy See by
legitimate appeal;

2. in third or further instance, cases already decided by the same
Apostolic Tribunal and by any other tribunals, unless they have become
a res iudicata.

Art. 129 - § 1. The Tribunal, however, judges the following in first
instance:

1. bishops in contentious matters, unless it is a question of the
rights or temporal goods of a juridical person represented by the
bishop;

2. abbots primate or abbots superior of a monastic congregation and
supreme moderators of religious institutes of pontifical right;

3. dioceses or other ecclesiastical persons, whether physical or
juridical, which have no superior below the Roman Pontiff;

4. cases which the Supreme Pontiff commits to this Tribunal.

§ 2. It deals with the same cases even in second and further
instances, unless other provisions are made.

Art. 130 - The Tribunal of the Roman Rota is governed by its own law.


Point 2. Apostolic Constitution "Sacrae Disciplinae Leges" of 25
January 1983

http://www.vatican.va/holy_father/john_paul_ii/apost_constitutions/documents/hf_jp-ii_apc_25011983_sacrae-disciplinae-leges_en.html

During the course of the centuries, the Catholic Church has been
accustomed to reform and renew the laws of canonical discipline so
that, in constant fidelity to her divine Founder, they may be better
adapted to the saving mission entrusted to her. Prompted by this same
purpose and fulfilling at last the expectations of the whole Catholic
world, I order today, January 25, 1983, the promulgation of the revised
Code of Canon Law.

(omissis)

This note of collegiality, which eminently characterizes and
distinguishes the process of origin of the present Code, corresponds
perfectly with the teaching and the character of the Second Vatican
Council. Therefore the Code, not only because of its content but also
because of its very origin, manifests the spirit of this Council, in
the documents of which the Church, the universal "sacrament of
salvation" (cf. Dogmatic Constitution on the Church, Lumen gentium,
nos. 1, 9, 48), is presented as the People of God and its hierarchical
constitution appears based on the College of Bishops united with its
Head.

(omissis)

Therefore, in promulgating the Code today, I am fully aware that this
act is an expression of pontifical authority and, therefore, it is
invested with a "primatial" character. But I am also aware that this
Code in its objective content reflects the collegial care of all my
brothers in the episcopate for the Church. Indeed, by a certain analogy
with the Council, it should be considered as the fruit of a collegial
collaboration because of the united efforts on the part of specialized
persons and institutions throughout the whole Church.
A second question arises concerning the very nature of the Code of
Canon Law. To reply adequately to this question, one must mentally
recall the distant patrimony of law contained in the books of the Old
and New Testament from which is derived, as from its first source, the
whole juridical - legislative tradition of the Church.

(omissis)

The Code, as the principal legislative document of the Church, founded
on the juridical - legislative heritage of Revelation and Tradition, is
to be regarded as an indispensable instrument to ensure order both in
individual and social life, and also in the Church's activity itself.
Therefore, besides containing the fundamental elements of the
hierarchical and organic structure of the Church as willed by her
divine Founder, or as based upon apostolic, or in any case most
ancient, tradition, and besides the fundamental principles which govern
the exercise of the threefold office entrusted to the Church itself,
the Code must also lay down certain rules and norms of behavior.

(omissis)

Finally, the canonical laws by their very nature must be observed. The
greatest care has therefore been taken to ensure that in the lengthy
preparation of the Code the wording of the norms should be accurate,
and that they should be based on a solid juridical, canonical and
theological foundation.

(omissis)

May God grant that joy and peace with justice and obedience obtain
favor for this Code, and that what has been ordered by the Head be
observed by the members.

(omissis)

with the supreme authority with which I am vested, by means of this
Constitution, to be valid forever in the future, I promulgate the
present Code as it has been set in order and revised. I command that
for the future it is to have the force of law for the whole Latin
Church, and I entrust it to the watchful care of all those concerned,
in order that it may be observed.

So that all may more easily be informed and have a thorough knowledge
of these norms before they have juridical binding force, I declare and
order that they will have the force of law beginning from the first day
of Advent of this year, 1983.

And this notwithstanding any contrary ordinances, constitutions,
privileges (even worthy of special or individual mention) or customs.

I therefore exhort all the faithful to observe the proposed legislation
with a sincere spirit and good will in the hope that there may flower
again in the Church a renewed discipline

Point 3. Code of Canon Law

http://www.vatican.va/archive/ENG1104/_INDEX.HTM

- On the exercise of the Tribunal of a Diocese (Ordinary/First Degree),
Canons 391 and 1408.

Can. 391 §1. It is for the diocesan bishop to govern the particular
church entrusted to him with legislative, executive, and judicial power
according to the norm of law.

§2. The bishop exercises legislative power himself. He exercises
executive power either personally or through vicars general or
Episcopal vicars according to the norm of law. He exercises judicial
power either personally or through the judicial vicar and judges
according to the norm of law.

Can. 1408 Anyone can be brought to trial before the tribunal of
domicile or quasi-domicile.

- The Ordinary Tribunal one must present oneself before is determined
by canon 102, para 1.

Can. 102 §1. Domicile is acquired by that residence within the
territory of a certain parish or at least of a diocese, which either is
joined with the intention of remaining there permanently unless called
away or has been protracted for five complete years.

- The Tribunals are competent to perform genealogical "histories",
from the first documented ancestor in order to prove genealogical
descent, in accordance with Canon 108.

Can. 108 §1. Consanguinity is computed through lines and degrees.

§2. In the direct line there are as many degrees as there are
generations or persons, not counting the common ancestor.

§3. In the collateral line there are as many degrees as there are
persons in both the lines together, not counting the common ancestor.

- In performing such genealogical checks, the Tribunal cannot disregard
Canon 110.
Can. 110 Children who have been adopted according to the norm of civil
law are considered the children of the person or persons who have
adopted them.

- Regarding the pronouncement of the Tribunal, Canons 1608, 1618:

Can. 1608 §1. For the pronouncement of any sentence, the judge must
have moral certitude about the matter to be decided by the sentence.

§2. The judge must derive this certitude from the acts and the proofs.

§3. The judge, however, must appraise the proofs according to the
judge's own conscience, without prejudice to the prescripts of law
concerning the efficacy of certain proofs.

§4. A judge who was not able to arrive at this certitude is to
pronounce that the right of the petitioner is not established and is to
dismiss the respondent as absolved, unless it concerns a case which has
the favor of law, in which case the judge must pronounce for that.

Can. 1618 An interlocutory sentence or a decree has the force of a
definitive sentence if it prevents a trial or puts an end to a trial or
some grade of a trial with respect to at least some party in the case.
George Lucki
2006-05-23 15:42:03 UTC
Permalink
Martin,
A strong defense but we will disagree.
Please clarify whether the judge was speaking to the matter at hand or to
another unrelated matter.
I think the learned judge's suggestion (that you quoted) that the matter be
addressed to the Holy See is an excellent suggestion. I have no difficulty
understanding the Perugian court's process in establishing the filiation of
the individual with his adoptive parents nor the genealogical counting of
generations in order to establish the limits of consanguinity. My concern is
with the nobillary matter.
The learned judge's comments about the obligation of good Catholics to
accept court rulings is quite stirring, but it does not address itself to
the question as to whether the diocesan court in fact had the authority or
jurisidiction to take on and extend a Savoy nobillary grant in favour of an
adoptive son. That matter would appear to rest with the Savoy dynasty and
not the Church and if the Church were to incorporate an individual into the
Roman or Papal nobility this would seem a matter for the Pontiff directly
and not the local tribunal. The quoted passages of Canon Law are interesting
and address themselves to the general competencies of courts and matters
relevant to filiation but not to the nobillary question specifically.
If the court has exceeded its jurisidction its ruling of course would have
no effect. With respect to the learned judge, discussion of the decisons of
the courts are matters that may be discussed and considered and are often
the subject of scholarly inquiry such as we have here - admittedly there are
times when the Pontiff declares some matters decided and directs Catholics
not to continue discussion but this is not one of them. The issue being
discussed here is ultimately not the individual who brought the matter or
his filiation. He is not of course accountable for any decision made by an
independent tribunal and cannot be faulted for bringing matters before any
court. The issue is really the competencies of that court to decide in the
nobillary matter in question by assuming jurisidction over Savoy grants and
the court's competency to extend the nobillary rules of the Savoy monarchy
to include adopted children and to treat Savoy nobilllary grants as though
they were in law grants of the Roman Church.
The appeal to the good Catholic by both the learned judge and by Martin are
again stirring but misplaced. I will happily assert that I am a Catholic in
good standing and feel that the matters raised in the ruling are worthy of
further discussion and review. Threats of legal action are in mind
completely misplaced, but if someone believes I am disrespectful of a the
ruling of a Church court then I'll helpfully add that I am domiciled in the
Archdiocese of Edmonton, Canada and as a Catholic subject to the local
archdiocesan court. It would seem a Church rather than a civil matter. As
far as the gentleman himself, his reputation is not diminished by questions
related to the competency of the Perugian Church court or questions related
to Savoy nobillary practices. I have no reason to believe that he is not a
man of good standing in his community, but I am not bound to accept a
decision about what is described as a Church validated comital title on the
basis of a ruling by a diocesan court in a filiation matter. Whether I
accept a claim to a noble title or not of course does not either enhance or
disparage the individual's character or reputation. So if there is a legal
remedy that leaves Church venues. Let's see what the Apostolic Signatura or
other appropriate Church legal forum has to say. Can you ask the learned
judge you quoted to assist in bringing the matter forward through the
appropriate steps?
Kind regards,
George Lucki


"Martin Goldstraw" <***@yahoo.com> wrote in message news:***@j33g2000cwa.googlegroups.com...
Because we have not until now replied to this thread it may appear to
readers of this forum that the Armorial Register is not willing or able
to comment. This is not the case.

Mr Sainty has chosen to make public by use of this forum a number of
allegations and assertions some of which, by implication, bring the
name of Burke's Peerage into disrepute; the assertions made by Mr.
Sainty are that Burke's Peerage & Gentry Armorial Register takes
little or no care in who it accepts as registrants and that there
exists no procedures at all to vet any applicants. Mr Sainty has no
knowledge of the extensive vetting procedure taken in each case and his
assertions are unfounded and ill informed. A great deal of research,
care and forethought goes into the acceptance (or rejection) of
applicants and there have been a number of rejections since the
beginning of the project. We do not claim infallibility and where we
have been misled we will act.

Of the three persons so openly criticized by Mr. Sainty one had already
been identified by us as being somewhat suspect and was simply awaiting
removal by the web master at the time Mr Sainty made his post in public
- had he extended us a little courtesy and contacted us privately he
would have been told that this was so. We do not intend to defend the
temporary inclusion of this particular individual; proof of titles was
promised but never materialized. The entry was premature but whilst
waiting for proof of titles to be forwarded our own checks highlighted
the difficulties with the claims and the entry was subsequently
removed.

Mr. Sainty made further allegations that the register had included two
other gentlemen who purported to hold titles to which they had no
right. He is wrong to assert that we simply accepted their word without
any form of checks being undertaken. As with all our applicants, both
of these gentlemen had fulfilled the requirements and fully satisfied
us that they were entitled to use the styles and titles claimed.

Mr. Sainty was informed of all this by private correspondence and yet
continues to publicly challenge the rights of the persons concerned. He
is of the view that his opinion is worth more than the weight of a
properly convened Catholic ecclesiastical court. The Armorial Register
does not set itself above any court of law whatever the jurisdiction.

Any dispute between Burke's Peerage and the Armorial Register and Mr.
Sainty will be taken forward away from this thread and I am informed
that the gentlemen who have been so openly maligned will be taking
their own remedies in law.

Appended to this missive is an explanation of the Apostolic
Constitution and the Code of Canon Law but first readers of this thread
might appreciate a short quote from a Judge in the Catholic
Ecclesiastical Court - the very level of Court whose judgment Mr.
Sainty questions and criticises. I feel it is particularly appropriate
under the circumstances to relay it to the participants of this forum
as it fits perfectly with this particular thread and could almost be
addressed to Mr. Sainty himself who purports to be a good Catholic:

[quote]
The fundamental principle of every Catholic is obedience to the
universal precepts and laws laid out by His Holiness the Pope. The
universal law is the will of the Pope and is made manifest through
Apostolic succession by means of Their Excellencies the Bishops. The
application and execution of the universal law is made manifest through
three orders of justice. The Pope may at any time suspend and/or take
upon Himself any case before these orders of justice. Any verdict given
by any of these orders of justice, once given, is the will of the Pope
in accordance with the universal law (code of canon law). Not only is
not given to any Catholic to discuss the validity of such verdicts,
they are bound by obedience to observe their terms.

A decree, by its own intrinsic nature, in accordance with the universal
law (the code of canon law), is the most perfect expression of an
executive order (I shall not quote the appropriate canons as I am sure
you would not have the patience and time to read them). Up until now,
your insinuations have been merely malign and not supported by any
ecclesiastical juridical argument.

The Holy Roman Apostolic Church cannot be assimilated to ludicrous
examples of fake kings, princes, barons, etc. and fake orders of
chivalry well known to the present zealous "censors" who have come
to fame.

That which is here taking place at the expense of a gentleman who has
placed himself in the hands of the universal law of the Catholic Church
cannot be considered an act nobiliary climbing. That which I have read
insults the person, insults the institution, insults the universal law
and the Pope who regulates it. I am not interested if such actions come
from a Protestant but it is intolerable that this come to pass on the
part of a Catholic.

I hope that for the good and in defense of Catholicism, and for the
good and in defense of His Holiness the Pope and the laws of
promulgation, that the assertions made and undersigned in this space be
brought to the attention of the Apostolic Signatura.
[end quote]

Martin Goldstraw
For and on behalf of Burke's Peerage & Gentry

Point 1. Apostolic Constitution "Pastor Bonus" of 28 June 1988

http://www.vatican.va/holy_father/john_paul_ii/apost_constitutions/documents/hf_jp-ii_apc_19880628_pastor-bonus-index_en.html

IV Tribunals (art. 117 - 130)

Art. 126 - 130 The Roman Rota

Art. 126 - The Roman Rota is a court of higher instance at the
Apostolic See, usually at the appellate stage, with the purpose of
safeguarding rights within the Church; it fosters unity of
jurisprudence, and, by virtue of its own decisions, provides assistance
to lower tribunals.

Art. 127 - The judges of this Tribunal constitute a college. Persons
of proven doctrine and experience, they have been selected by the
Supreme Pontiff from various parts of the world. The Tribunal is
presided over by a dean, likewise appointed by the Supreme Pontiff from
among the judges and for a specific term of office.

Art. 128 - This Tribunal adjudicates:
1. in second instance, cases that have been decided by ordinary
tribunals of first instance and are being referred to the Holy See by
legitimate appeal;

2. in third or further instance, cases already decided by the same
Apostolic Tribunal and by any other tribunals, unless they have become
a res iudicata.

Art. 129 - § 1. The Tribunal, however, judges the following in first
instance:

1. bishops in contentious matters, unless it is a question of the
rights or temporal goods of a juridical person represented by the
bishop;

2. abbots primate or abbots superior of a monastic congregation and
supreme moderators of religious institutes of pontifical right;

3. dioceses or other ecclesiastical persons, whether physical or
juridical, which have no superior below the Roman Pontiff;

4. cases which the Supreme Pontiff commits to this Tribunal.

§ 2. It deals with the same cases even in second and further
instances, unless other provisions are made.

Art. 130 - The Tribunal of the Roman Rota is governed by its own law.


Point 2. Apostolic Constitution "Sacrae Disciplinae Leges" of 25
January 1983

http://www.vatican.va/holy_father/john_paul_ii/apost_constitutions/documents/hf_jp-ii_apc_25011983_sacrae-disciplinae-leges_en.html

During the course of the centuries, the Catholic Church has been
accustomed to reform and renew the laws of canonical discipline so
that, in constant fidelity to her divine Founder, they may be better
adapted to the saving mission entrusted to her. Prompted by this same
purpose and fulfilling at last the expectations of the whole Catholic
world, I order today, January 25, 1983, the promulgation of the revised
Code of Canon Law.

(omissis)

This note of collegiality, which eminently characterizes and
distinguishes the process of origin of the present Code, corresponds
perfectly with the teaching and the character of the Second Vatican
Council. Therefore the Code, not only because of its content but also
because of its very origin, manifests the spirit of this Council, in
the documents of which the Church, the universal "sacrament of
salvation" (cf. Dogmatic Constitution on the Church, Lumen gentium,
nos. 1, 9, 48), is presented as the People of God and its hierarchical
constitution appears based on the College of Bishops united with its
Head.

(omissis)

Therefore, in promulgating the Code today, I am fully aware that this
act is an expression of pontifical authority and, therefore, it is
invested with a "primatial" character. But I am also aware that this
Code in its objective content reflects the collegial care of all my
brothers in the episcopate for the Church. Indeed, by a certain analogy
with the Council, it should be considered as the fruit of a collegial
collaboration because of the united efforts on the part of specialized
persons and institutions throughout the whole Church.
A second question arises concerning the very nature of the Code of
Canon Law. To reply adequately to this question, one must mentally
recall the distant patrimony of law contained in the books of the Old
and New Testament from which is derived, as from its first source, the
whole juridical - legislative tradition of the Church.

(omissis)

The Code, as the principal legislative document of the Church, founded
on the juridical - legislative heritage of Revelation and Tradition, is
to be regarded as an indispensable instrument to ensure order both in
individual and social life, and also in the Church's activity itself.
Therefore, besides containing the fundamental elements of the
hierarchical and organic structure of the Church as willed by her
divine Founder, or as based upon apostolic, or in any case most
ancient, tradition, and besides the fundamental principles which govern
the exercise of the threefold office entrusted to the Church itself,
the Code must also lay down certain rules and norms of behavior.

(omissis)

Finally, the canonical laws by their very nature must be observed. The
greatest care has therefore been taken to ensure that in the lengthy
preparation of the Code the wording of the norms should be accurate,
and that they should be based on a solid juridical, canonical and
theological foundation.

(omissis)

May God grant that joy and peace with justice and obedience obtain
favor for this Code, and that what has been ordered by the Head be
observed by the members.

(omissis)

with the supreme authority with which I am vested, by means of this
Constitution, to be valid forever in the future, I promulgate the
present Code as it has been set in order and revised. I command that
for the future it is to have the force of law for the whole Latin
Church, and I entrust it to the watchful care of all those concerned,
in order that it may be observed.

So that all may more easily be informed and have a thorough knowledge
of these norms before they have juridical binding force, I declare and
order that they will have the force of law beginning from the first day
of Advent of this year, 1983.

And this notwithstanding any contrary ordinances, constitutions,
privileges (even worthy of special or individual mention) or customs.

I therefore exhort all the faithful to observe the proposed legislation
with a sincere spirit and good will in the hope that there may flower
again in the Church a renewed discipline

Point 3. Code of Canon Law

http://www.vatican.va/archive/ENG1104/_INDEX.HTM

- On the exercise of the Tribunal of a Diocese (Ordinary/First Degree),
Canons 391 and 1408.

Can. 391 §1. It is for the diocesan bishop to govern the particular
church entrusted to him with legislative, executive, and judicial power
according to the norm of law.

§2. The bishop exercises legislative power himself. He exercises
executive power either personally or through vicars general or
Episcopal vicars according to the norm of law. He exercises judicial
power either personally or through the judicial vicar and judges
according to the norm of law.

Can. 1408 Anyone can be brought to trial before the tribunal of
domicile or quasi-domicile.

- The Ordinary Tribunal one must present oneself before is determined
by canon 102, para 1.

Can. 102 §1. Domicile is acquired by that residence within the
territory of a certain parish or at least of a diocese, which either is
joined with the intention of remaining there permanently unless called
away or has been protracted for five complete years.

- The Tribunals are competent to perform genealogical "histories",
from the first documented ancestor in order to prove genealogical
descent, in accordance with Canon 108.

Can. 108 §1. Consanguinity is computed through lines and degrees.

§2. In the direct line there are as many degrees as there are
generations or persons, not counting the common ancestor.

§3. In the collateral line there are as many degrees as there are
persons in both the lines together, not counting the common ancestor.

- In performing such genealogical checks, the Tribunal cannot disregard
Canon 110.
Can. 110 Children who have been adopted according to the norm of civil
law are considered the children of the person or persons who have
adopted them.

- Regarding the pronouncement of the Tribunal, Canons 1608, 1618:

Can. 1608 §1. For the pronouncement of any sentence, the judge must
have moral certitude about the matter to be decided by the sentence.

§2. The judge must derive this certitude from the acts and the proofs.

§3. The judge, however, must appraise the proofs according to the
judge's own conscience, without prejudice to the prescripts of law
concerning the efficacy of certain proofs.

§4. A judge who was not able to arrive at this certitude is to
pronounce that the right of the petitioner is not established and is to
dismiss the respondent as absolved, unless it concerns a case which has
the favor of law, in which case the judge must pronounce for that.

Can. 1618 An interlocutory sentence or a decree has the force of a
definitive sentence if it prevents a trial or puts an end to a trial or
some grade of a trial with respect to at least some party in the case.
Emungo
2006-05-23 16:07:20 UTC
Permalink
Oh pur -lease.

The extreme irrelevance and pomposity of this reply has roused even a
confirmed lurker like me from my slumbers.

Two points only, to stand for many others that might be made if I had
the pedantic zeal of those who regularly spill ink here.
Post by Martin Goldstraw
The Armorial Register
does not set itself above any court of law whatever the jurisdiction.
Any court whatever its jurisdiction? Pensaci bene. Consider the
interesting decisions of tribunals in Floridia and other places
regarding a certain Enrico Vigo, or the Judicial Commissioner of San
Marino concerning Michelangelo Pacelli. Maybe you don't know of these,
but if you conduct a little research you will find out. They are no
less ludicrous than a decision from the Restrictive Practices Court
that West Ham in fact won the FA Cup last week - ultra vires and
untenable on the legal, historical and documentary basis claimed for
them; or to put it another way, wrong and none of the court's business
anyway. Mr Sainty's point is that this decision of the diocesan court
in Perugia is in the same category.
Post by Martin Goldstraw
Appended to this missive is an explanation of the Apostolic
Constitution and the Code of Canon Law but first readers of this thread
might appreciate a short quote from a Judge in the Catholic
Ecclesiastical Court - the very level of Court whose judgment Mr.
Sainty questions and criticises. I feel it is particularly appropriate
under the circumstances to relay it to the participants of this forum
as it fits perfectly with this particular thread and could almost be
[quote]
The fundamental principle of every Catholic is obedience to the
universal precepts and laws laid out by His Holiness the Pope. The
universal law is the will of the Pope and is made manifest through
Apostolic succession by means of Their Excellencies the Bishops. The
application and execution of the universal law is made manifest through
three orders of justice. The Pope may at any time suspend and/or take
upon Himself any case before these orders of justice. Any verdict given
by any of these orders of justice, once given, is the will of the Pope
in accordance with the universal law (code of canon law). Not only is
not given to any Catholic to discuss the validity of such verdicts,
they are bound by obedience to observe their terms.
The argument of this document (which waxes lyrical about higher courts
but seems to have little to say on the diocesan level) boils down to
this, it appears: all RC canon law courts make their decisions in the
name of the Pope, so - obedience to the Pope being a central plank of
Catholicism - you have to accept every decision they make, even when
their patently wrong. Obviously this has scant relevance to those of us
who are not RC, and it therefore matters litle to us whether Mr Sainty
is shown to be disobedient. In fact it doesn't seem to us like winning
the argument at all, simply to tell him to shut up and put up. But even
if one were of that communion I'm sure that what is demanded is not
obedience to all decisions by all the courts of the church, be they
never so lowly, be they never so flawed in their reasoning, and -
here's the rub - be they never so contradictory either of previous
decisions by other courts or of the law on which they are supposedly
founded. For one thing it would be impossible to show such obedience,
since it would involve continual self-contradiction.

The simple fact is this: the very terms of the decree of 6/1/2006 by
the Diocesan Court of Perugia, seem to ths reader at least to proclaim
their own absurdity. Even without Mr Sainty's eloquent arguments
(sometimes a little brusquely framed, it's true) I would have found
paragraph (c) of the rationale (text below) irrelevant and/or
laughable. You haven't even begun to address this. And for many, like
myself, there's the simple fact that this is (in origin, leaving aside
its new terms of limitation) a title created by a so-called king of
Italy in 1963 for Heaven's sake ...

c) gli atti statuali certificativi e le Regie lettere patenti che,
stante l'autorità emittente, costituiscono anche decreto formale di
erezione canonica, essendo la Fons Honorum Vicario temporale del Sommo
Pontefice, infatti Umberto II, quale Sovrano d'Italia e Duca di
Savoia, esercitava la propria potestà anche quale Re di Gerusalemme,
Re di Cipro, Re di Armenia, Principe di Acaia e Marchese Tarantasia,
titoli concessi alla dinastia sabauda dai Sommi Pontefici.

It's a classic, you must agree. Now back to my slumbers.
Martin Goldstraw
2006-05-23 17:10:52 UTC
Permalink
Post by Emungo
Oh pur -lease.
The extreme irrelevance and pomposity of this reply has roused even a
confirmed lurker like me from my slumbers.
to stand for many others that might be made if I had
the pedantic zeal of those who regularly spill ink here.
Post by Martin Goldstraw
The Armorial Register
does not set itself above any court of law whatever the jurisdiction.
Any court whatever its jurisdiction? >
In order not to allow "Emungo" his absolute and undisturbed sleep - may
he rest in peace; I am fully prepared to admit that looking at my reply
from his perspective, that is the point of view of a self confessed
pedant, I was perhaps a little too broad in my terminology - I am quite
content to distill it down to the case(s) in point and be absolutely
specific in order to avoid accusations of pomposity; The Armorial
Register does not set itself above an Ecclesiastical Court of the
Catholic Faith (period as our friends in the USA would say) -

Since he does not even do me the courtesy of identifying himself, the
fact that my reply is irrelevant in his view is immaterial to me.

Martin Goldstraw
Jan Böhme
2006-05-23 23:09:43 UTC
Permalink
Post by Martin Goldstraw
The Armorial
Register does not set itself above an Ecclesiastical Court of the
Catholic Faith (period as our friends in the USA would say) -
Also when the ruling of said ecclestiastical court is clearly and
patently ultra vires for at least two independent reasons?

And clearly also you have to admit that, in addition to the question of
the competence of the court, the ruling contains more unadulterated
nonsense than usually found in Hansard covering a whole month of
debates in the Commons?

Jan Böhme
Emungo
2006-05-24 07:47:41 UTC
Permalink
Sorry, I forgot the taboo on anonymity; I have my reasons for it (e.g.
I don't wish to be detected wasting work time in internet groups, and a
faint but palpable fear of being outed as interested in nerdy subjects)
and I'm not really sure what difference my identity would make to the
potency of my arguments - even should I turn out to be editor of
Debretts, or registrar of the Perugia diocesan court, or someone who
used to stick a pair of compasses into Mr Goldstraw's bottom at school,
none of which things I am, nor anything else of any interest or
relevance to the subject. I can see how such questions would be
pertinent if I'd engaged in mindless abuse or brainless cheerleading;
but my reasoning would still be either sound or not on its own merits.
However I recognise that it's not comme il faut here, so I shall slink
off into the distance again, pausing only to apologise to Mr G for
calling him pompous and point out that the one positive assumption he
made about me is wrong. Oh, I and don't believe I confessed to pedantry
- 'if I had the pedantic zeal ...' I said.

Happy back-biting the rest of you (how you find the time for it, I
don't know; are you all unemployable or immensely rich?)
Emungo
2006-05-24 07:56:31 UTC
Permalink
Sorry - didn't wish to imply that the topics of discussion in THIS
group were nerdy (crumbs, I'd be eaten alive); it's other groups I more
regularly go to with a much, much higher anorak quotient.

(Now really does depart, cringingly)
StephenP
2006-05-24 08:15:07 UTC
Permalink
Anorak Quotient! If you have a high AQ is there a society you can join
like MENSA for the top 2% of nerds?

:-))
g***@wp.pl
2006-05-24 16:09:52 UTC
Permalink
Stephen,
One doesn't need to have a 20/20 IQ to participate in this newsgroup. A
photogenic memory for arcane information is helpful :)
George Lucki
Andrew Chaplin
2006-05-24 16:35:01 UTC
Permalink
Post by g***@wp.pl
Stephen,
One doesn't need to have a 20/20 IQ to participate in this newsgroup. A
photogenic memory for arcane information is helpful :)
"Photogenic?" George, did you put on a Freudian slip this morning?
--
Andrew Chaplin
SIT MIHI GLADIUS SICUT SANCTO MARTINO
(If you're going to e-mail me, you'll have to get "yourfinger." out.)
g***@wp.pl
2006-05-24 19:14:16 UTC
Permalink
Post by Andrew Chaplin
Post by g***@wp.pl
Stephen,
One doesn't need to have a 20/20 IQ to participate in this newsgroup. A
photogenic memory for arcane information is helpful :)
"Photogenic?" George, did you put on a Freudian slip this morning?
Shirley you must be kidding!

George Lucki
Andrew Chaplin
2006-05-25 01:45:05 UTC
Permalink
Post by g***@wp.pl
Post by Andrew Chaplin
Post by g***@wp.pl
Stephen,
One doesn't need to have a 20/20 IQ to participate in this
newsgroup. A
Post by g***@wp.pl
Post by Andrew Chaplin
Post by g***@wp.pl
photogenic memory for arcane information is helpful :)
"Photogenic?" George, did you put on a Freudian slip this morning?
Shirley you must be kidding!
A most fitting response.
--
Andrew Chaplin
SIT MIHI GLADIUS SICUT SANCTO MARTINO
(If you're going to e-mail me, you'll have to get "yourfinger." out.)
WILLIAM BALDWIN JR
2006-05-24 19:41:54 UTC
Permalink
Post by Andrew Chaplin
Post by g***@wp.pl
Stephen,
One doesn't need to have a 20/20 IQ to participate in this newsgroup. A
photogenic memory for arcane information is helpful :)
"Photogenic?" George, did you put on a Freudian slip this morning?
Are you sure it's photogenic memory and not pornographic memory?
--
WILLIAM BALDWIN JR
MBA HCM program
Ground below Zero
New Orleans, La (central time zone)
www.coastguardauxiliaryfc61.org
WILLIAM BALDWIN JR
2006-05-24 12:33:59 UTC
Permalink
Post by Emungo
Happy back-biting the rest of you (how you find the time for it, I
don't know; are you all unemployable or immensely rich?)
Seem to remember somone stating if you persisted in stating your occupation
as "peer of the realm" at a US port of entry, a bureaucrat would put
"unemployed" and move on to the next question whithout thought or pause....
--
WILLIAM BALDWIN JR
MBA HCM program
Ground below Zero
New Orleans, La (central time zone)
www.coastguardauxiliaryfc61.org
Guy Stair Sainty
2006-05-23 16:49:40 UTC
Permalink
In article <***@j33g2000cwa.googlegroups.com>, Martin
Goldstraw says...
Post by Martin Goldstraw
Because we have not until now replied to this thread it may appear to
readers of this forum that the Armorial Register is not willing or able
to comment. This is not the case.
Mr Sainty has chosen to make public by use of this forum a number of
allegations and assertions some of which, by implication, bring the
name of Burke's Peerage into disrepute; the assertions made by Mr.
Sainty are that Burke's Peerage & Gentry Armorial Register takes
little or no care in who it accepts as registrants and that there
exists no procedures at all to vet any applicants.
Please note that after my first, very polite inquiry posted here, I replied with
details of my concerns in a private email, and sent more details yesterday; you
chose not to reply but instead are posting here.
From the start I posed in extremely polite and non confrontational way a
question concerning information published on your register which was so
extraordinary as to be to me, at least incredible. But this is a forum where
heraldic issues are discussed by people with an interest in the subject; if you
do not double check the information provided by the registrants (as you admitted
in the case of the Wurttemberg count entry), then that reflects first of all on
the register. You stated that you would have preferred to me to have
communicated with you privately; but your aggressive reply when I did give you
my reasons, in considerable detail, in which you totally rejected what I said,
is evidence that even if I had first inquired in a private email you would still
have maintained that your register was accurate (as you still do).

Mr Sainty has no
Post by Martin Goldstraw
knowledge of the extensive vetting procedure taken in each case and his
assertions are unfounded and ill informed. A great deal of research,
care and forethought goes into the acceptance (or rejection) of
applicants and there have been a number of rejections since the
beginning of the project. We do not claim infallibility and where we
have been misled we will act.
Of the three persons so openly criticized by Mr. Sainty one had already
been identified by us as being somewhat suspect and was simply awaiting
removal by the web master at the time Mr Sainty made his post in public
- had he extended us a little courtesy and contacted us privately he
would have been told that this was so. We do not intend to defend the
temporary inclusion of this particular individual; proof of titles was
promised but never materialized. The entry was premature but whilst
waiting for proof of titles to be forwarded our own checks highlighted
the difficulties with the claims and the entry was subsequently
removed.
If they are all so carefully checked, why the error you admit to? I had no
reason to know from the register the Walh-Walther entry had any greater or
lesser scrutiny than any other entry - you do not have a notice "temporary" or
some such. I spotted what seemed to me to be three anomalies: the Wahl-Walther
entry has been withdrawn; the Fani entry represented such a bizarre departure
from the norms of nobiliary law as to send up a huge red flag; and in the
Travaglini case I was pluzzled about the omission of this family from every
published source i was able to trace. I have now been sent a photo of the page
from the Bolletinho Ufficiale della Consulta Araldica of 1900, Regional listing,
which is cited as the authority for the title of "Count" for the Travaglini
family. But this clearly and unambiguously lists the Travaglini as Honorary
Patricians of Ferrara and not Counts as your registry states. You have stated to
me that all patricians of Ferrara became counts, by Papal briefs, but these
pre-dated the 1900 registry. I have also looked in the official list of
patricians of Ferrara, published by the Consulta Araldica of the Kingdom in
1903, and the Travaglini family are not listed there. I have also looked at the
official listing of titled families of Ferrara submitted by the Cardinal Legate,
Cardinal Arezzo, to the Cardinal Secretary of State, dated Ferrara 18 June 1823,
and the Travaglini family is not mentioned among the first or second degree
nobles of the city. You are still insisting you ahve checked this, but have not
sent me any evidence; without finding any other confirmation it seems to me that
the evidence is as yet insufficient.
Post by Martin Goldstraw
Mr. Sainty made further allegations that the register had included two
other gentlemen who purported to hold titles to which they had no
right. He is wrong to assert that we simply accepted their word without
any form of checks being undertaken. As with all our applicants, both
of these gentlemen had fulfilled the requirements and fully satisfied
us that they were entitled to use the styles and titles claimed.
Mr. Sainty was informed of all this by private correspondence and yet
continues to publicly challenge the rights of the persons concerned. He
is of the view that his opinion is worth more than the weight of a
properly convened Catholic ecclesiastical court. The Armorial Register
does not set itself above any court of law whatever the jurisdiction.
Well how silly. Woudl you then accept the decrees of Italian courts naming
various people Byzantine Princes? Would you accept decrees of the San Marino
courts naming various petitioners with the titles they have claimed? Would you
accept that a decree of the Roman Rota could affect the succession to a British
Peerage?

I have not mentioned anything other than the Fani title until now; but I have
made what are evidently more thorough inquires than you did and find that the
Holy See still considers the Papal Brief of 1876 governs nobiliary succession.
There is nothing in the code of canon law which changes the requirement that for
the succession to noble titles the successor must be natural, legitimate be
Catholic and born of a Catholic marriage.
Post by Martin Goldstraw
Any dispute between Burke's Peerage and the Armorial Register and Mr.
Sainty will be taken forward away from this thread and I am informed
that the gentlemen who have been so openly maligned will be taking
their own remedies in law.
I am simply stupified that what was a simple and reasonable inquiry about the
remainder of a noble title is considered "a matter of dispute" worthy of the
attention of lawyers. This says much more about you, how you view your registry
and your registrants than it does about the merits or otherwise of their case.
Post by Martin Goldstraw
Appended to this missive is an explanation of the Apostolic
Constitution and the Code of Canon Law but first readers of this thread
might appreciate a short quote from a Judge in the Catholic
Ecclesiastical Court - the very level of Court whose judgment Mr.
Sainty questions and criticises. I feel it is particularly appropriate
under the circumstances to relay it to the participants of this forum
as it fits perfectly with this particular thread and could almost be
This kind of tone is simply incredible in what should be a reasoned and serious
discussion of issues that relate not only to the case in question but, if your
arguments are correct, to the core of nobiliary succession in numerous other
jurisdictions. That you find it necessary to refer to my religious faith - and
neither here nor anywhere else have I claimed to be a good, bad or indifferent
Catholic - in a matter that concerns Italian and Papal nobiliary law, as if a
decision on a title granted by the late King Umberto II of Italy by the
ecclesiastical tribunal of Perugia was somehow a matter binding the magisterium
of the church and the faithful, demonstrates an extraordinary lack of balance
and judgement.

I have cut your long post about canon law because it has no applicationm in this
matter. If you actually intend to drag me before the Apostolic Segnatura, then
please do so, but I really do not think you should make a bigger fool of
yourself than you hqave done already.
--
Guy Stair Sainty
www.chivalricorders.org/index3.htm
Joseph McMillan
2006-05-23 19:17:57 UTC
Permalink
Post by Martin Goldstraw
The Armorial Register
does not set itself above any court of law whatever the jurisdiction.
And if a "court of law whatever the jurisdiction" should state that a
title used by one of Burkes' registrants is "artificial" and that its
holder is a "self-styled baron," will the Armorial Register also defer
to that decision? If not, can you help me understand why a South
African court's ruling concerning a Scottish title should be less valid
than a local ecclesiastical tribunal's ruling on the validity of a
secular Italian title?

Joseph McMillan
Martin Goldstraw
2006-05-23 19:43:14 UTC
Permalink
Post by Joseph McMillan
Post by Martin Goldstraw
The Armorial Register
does not set itself above any court of law whatever the jurisdiction.
And if a "court of law whatever the jurisdiction" should state that a
title used by one of Burkes' registrants is "artificial" and that its
holder is a "self-styled baron," will the Armorial Register also defer
to that decision? If not, can you help me understand why a South
African court's ruling concerning a Scottish title should be less valid
than a local ecclesiastical tribunal's ruling on the validity of a
secular Italian title?
Joseph McMillan
Joseph if you are following this thread, you will have read that in
order to clarify matters for an anonymous pedant I have narrowed my
statement down somewhat; the ruling in question being an ecclesiastical
court. However, be that as it may, it would appear from the ruling of
the South African court that the fact that the (Scottish) barony (any
barony) was purchased made it "artificial" and therefore the holder a
"self styled baron"; a view that many throughout the world might agree
with - (I couldn't possibly comment).

Clearly there is now a conflict between the ruling made by a South
African Court on the validity of a Scottish barony and the acceptance
by a Scottish Court of the validity of the barony [whatever the view of
Lyon Court of the holder, the barony title has never been in dispute by
Lyon Court].
My view on this is somewhat irrelevant and I can not even say whether
Lyon Court may or may not have a view on how the wishes of Scotland's
Parliament are seemingly disregarded in South Africa - indeed why
should they be relevant in South Africa?

In the case in point for this thread, I am only aware of one court
ruling appertaining to the title in question. There is no conflict
between courts to take a view upon.

Regards,
Martin
WILLIAM BALDWIN JR
2006-05-23 22:53:48 UTC
Permalink
Post by Martin Goldstraw
Clearly there is now a conflict between the ruling made by a South
African Court on the validity of a Scottish barony and the acceptance
by a Scottish Court of the validity of the barony [whatever the view of
Lyon Court of the holder, the barony title has never been in dispute by
Lyon Court].
Actually, there is no conflict. The title is recognized by Lyon Court *in
Scotland* and it is deemed artificial *in South Africa*. So the current
situation is that the title is either recognized or artificial depending on
the territory your standing upon, or the legal system under discussion.
--
WILLIAM BALDWIN JR
Ground below Zero
New Orleans, La (central time zone)
www.coastguardauxiliaryfc61.org
g***@yahoo.com
2006-05-24 00:07:01 UTC
Permalink
Martin Goldstraw wrote:
...
Post by Martin Goldstraw
Clearly there is now a conflict between the ruling made by a South
African Court on the validity of a Scottish barony and the acceptance
by a Scottish Court of the validity of the barony [whatever the view of
Lyon Court of the holder, the barony title has never been in dispute by
Lyon Court].
My view on this is somewhat irrelevant and I can not even say whether
Lyon Court may or may not have a view on how the wishes of Scotland's
Parliament are seemingly disregarded in South Africa - indeed why
should they be relevant in South Africa?
==============

But ... as Mr. A-P's Arms were issued by the South African government,
should not he abide by their civil court judgements? It would be
illustrative to see the emblazon he received from the SA Herald -- did
it include cap of maintenance and robe? My guess is that it did not,
otherwise, why would he use clip-art for an emblazon? Even without
additiments, a hand-painted emblazon is classier than the best clipart.
Is he waiting for his Letters Patent from Lyon Court depicting the
additiments? That might be a long wait, seeing that he had to wait
five years for his original Prayer to be addressed in the form of a
Warrant.

Noting that Mr. A-P has a Warrant for Letters Patent from Lyon Court,
I'd be interested in learning the status of his Grant as it's been a
full year since the Warrant was issued. Has he been issued a Letters
Patent naming him as Feudal Baron of Fulwood? I presume "Warrant" is
the same as Interlocutor; therefore, I wonder why it is taking so long
for Mr. A-P to receive his LP -- mine only required about 12 months
after Lyon signed the Interlocutor and I understand the LP waiting time
is still about the same.

Although one may, prior to receipt of LP, legally display Arms as
approved in Lyon's Interlocutor/Warrant, isn't it safer to wait for the
actual LP to arrive? After all, a signed Interlocutor/Warrant could in
theory be lost, destroyed, or recinded .... but a signed Letters Patent
on one's wall .....well, that's concrete.

Regards,
--Guy Power
Joseph McMillan
2006-05-24 01:26:34 UTC
Permalink
Post by Martin Goldstraw
Clearly there is now a conflict between the ruling made by a South
African Court on the validity of a Scottish barony and the acceptance
by a Scottish Court of the validity of the barony [whatever the view of
Lyon Court of the holder, the barony title has never been in dispute by
Lyon Court].
<snip>
Post by Martin Goldstraw
In the case in point for this thread, I am only aware of one court
ruling appertaining to the title in question. There is no conflict
between courts to take a view upon.
It's not clear to me that there has been any judicial determination in
Scotland. According to Sr. Agasim-Pereira's website, Lord Lyon issued
a warrant authorizing Lyon Clerk to prepare letters patent
matriculating the arms. I believe this is a case of Lord Lyon acting
in his ministerial capacity rather than his judicial one. If that's
the case, then there is no conflict between courts in this case either.
Post by Martin Goldstraw
My view on this is somewhat irrelevant and I can not even say whether
Lyon Court may or may not have a view on how the wishes of Scotland's
Parliament are seemingly disregarded in South Africa - indeed why
should they be relevant in South Africa?
They shouldn't, except for the fact that Sr. Agasim-Pereira brought an
action for defamation against a South African newspaper for calling him
a "self-styled baron." The judge seems to have chosen to decide the
issue based on the merits of the barony rather than on whether the
phrase "self-styled baron" is defamatory. I have no idea whether
that's good or bad judicial reasoning. I'm fairly sure that it has
exactly the same bearing on the validity of the Scottish dignity of
Baron of Fulwood as the ruling of the Perugia tribunal has on the
validity of the Italian title of Count Fani.

Joseph McMillan
WILLIAM BALDWIN JR
2006-05-23 16:43:16 UTC
Permalink
Post by Guy Stair Sainty
Post by WILLIAM BALDWIN JR
I know this is hair splitting, but I don't think that's the claim being
alleged. The original statement focused on the savoy claim to also be
sovereigns of Jerusalem. So basically he is claiming a title in the Nobility
and Peerage of the Kingdom of Jersulam, not Italy. (or the Jersalem portion
of the grant by a Italian/Jersusalem monarch...) Since the Pope has declared
the power to enthrone and depose Emperors, I suppose he can change
remainders granted by a mere King as well. Whether a local diocese can do so
on his behalf is a little more doubtful.....
But the Savoy claim to be Kings of Jerusalem goes back logn before they were
also able to assume the regnal dynasty as Kings of sicily then Sardinia;
relevance?

in fact
Post by Guy Stair Sainty
they never pretended to enjoy any nobiliary jurisdiction as Kings of Jerusalem.
In fact the Kings of Jerusalem when reigning in the Holy Land never enjoyed any
nobiliary jurisdiction as we understand it.
I'm not so sure of this. They had the same problem as the French Kings in
asserting royal authority over (semi?)-autonomous nobles, but made progress
in this area by enforcing the rights of lesser nobles against the greater
nobles they were infeudated to. (or promising to, anyway.)


There werfe fiefs of the Kingdom,
Post by Guy Stair Sainty
erected by the Crown, or claimed as inferior feudatories of the Crown, but these
were based entirely on feudal tenure;
Agreed. And not surprising since the original sovereign claimed it by right
of conquest and still had a very hostile environment at all times.
Post by Guy Stair Sainty
What various Popes could and did do, was authorise the use of foreign titles in
their own states; a prerogative claimed by all sovereigns whose states had a
nobiliary jurisdiction. In Great Britian the sovereign even limited such titles,
by the terms of the royal license granted to authorise them (for example, by
limiting the use of titles that descended to all descendants in the male line,
to male primogeniture heirs only, when the license was granted to descendants as
well as the original petitioner, as in the de Salis case); but the British
Sovereign never attempted to extend the original remainder and his license
merely limited the use in the British Realm, it did not purport to change the
original remainder.
No argument here, either.
Guy Stair Sainty
2006-05-23 19:04:25 UTC
Permalink
Post by George Lucki
in fact
Post by Guy Stair Sainty
they never pretended to enjoy any nobiliary jurisdiction as Kings of Jerusalem.
In fact the Kings of Jerusalem when reigning in the Holy Land never enjoyed any
nobiliary jurisdiction as we understand it.
I'm not so sure of this. They had the same problem as the French Kings in
asserting royal authority over (semi?)-autonomous nobles, but made progress
in this area by enforcing the rights of lesser nobles against the greater
nobles they were infeudated to. (or promising to, anyway.)
No, by the time they were deposed the practice of creating palatine titles had
not been established. Indeed in France it was never really part of nobiliary
jurisprudence, and the Kingdom of Jerusalem was to all intents and purposes
parallel in its institutions to French concepts of feudalism. I tried to make
the point earlier that when the Dukes of Savoy acquired the styles of Kings of
Jerusalem, Cyprus etc, they did not attempt to start conferring titles as part
of some royal jurisprudence from the past - their creations of titles were made
as dukes of Savoy and Imperial Vicars.

Today the distinction between territorial and palatine titles is one which only
specialists bother with, and the latter do not exist in the Anglo world anyway,
nor in Spain, Portugal or France, or indeed historically in Southern Italy,
although foreign (papal or imperial) palatine titles were recognized there.

King Umberto's titles were granted in accordance with Italian nobiliary norms
and the idea that they could be subject to Papal jurisdisction would no doubt
have caused as much amusement in the corridors of the Quirinale before 1946 and
Cascais after that date.
--
Guy Stair Sainty
www.chivalricorders.org/index3.htm
WILLIAM BALDWIN JR
2006-05-23 22:46:21 UTC
Permalink
Post by Guy Stair Sainty
Post by WILLIAM BALDWIN JR
I'm not so sure of this. They had the same problem as the French Kings in
asserting royal authority over (semi?)-autonomous nobles, but made progress
in this area by enforcing the rights of lesser nobles against the greater
nobles they were infeudated to. (or promising to, anyway.)
No, by the time they were deposed the practice of creating palatine titles had
not been established.
"They" being who? France, Jersusalem, or ?
Post by Guy Stair Sainty
I tried to make
the point earlier that when the Dukes of Savoy acquired the styles of Kings of
Jerusalem, Cyprus etc, they did not attempt to start conferring titles as part
of some royal jurisprudence from the past - their creations of titles were made
as dukes of Savoy and Imperial Vicars.
I caught this, did not dispute this, and agree 100%. My point was that the
claimant might be making such a claim, however. Either that, or he's
claiming that the Diocese court decision makes him a natural child *in the
eyes of the law*,, as recognized by the church. A concession of nobility
within dominion of the church regardless of what his home dominion has
ruled.
Post by Guy Stair Sainty
King Umberto's titles were granted in accordance with Italian nobiliary norms
and the idea that they could be subject to Papal jurisdisction would no doubt
have caused as much amusement in the corridors of the Quirinale before 1946 and
Cascais after that date.
I never stated otherwise. I don't think that's the claim the claimant is
making, and sure the hell hope it's not....
--
WILLIAM BALDWIN JR
Ground below Zero
New Orleans, La (central time zone)
www.coastguardauxiliaryfc61.org
StephenP
2006-05-24 07:16:06 UTC
Permalink
Post by Guy Stair Sainty
I have read the decree, which is made by an Ecclesiastical diocesan court and
not by a "Vatican" tribunal.
Just as an aside, are such decrees readily accessible in the public
domain? Some jurisdictions are quite good at publishing their
"output", does this hold true for Church Courts etc.?
Guy Stair Sainty
2006-05-24 10:12:45 UTC
Permalink
In article <***@u72g2000cwu.googlegroups.com>, StephenP
says...
Post by StephenP
Post by Guy Stair Sainty
I have read the decree, which is made by an Ecclesiastical diocesan court and
not by a "Vatican" tribunal.
Just as an aside, are such decrees readily accessible in the public
domain? Some jurisdictions are quite good at publishing their
"output", does this hold true for Church Courts etc.?
When a judgment is acceded to it may become public; if a petition is refused it
is private and not distributed. In this case I was sent copies of this decree by
three different parties, as this case has already been subject to debate before
I brought the subject up (but not on the internet).
--
Guy Stair Sainty
www.chivalricorders.org/index3.htm
Guy Stair Sainty
2006-05-22 18:29:32 UTC
Permalink
In article <***@j55g2000cwa.googlegroups.com>,
=?iso-8859-1?B?Q1JG00I=?= says...
Post by Guy Stair Sainty
Looking at the information provided by Count Fani, for his entry on the A=
rmorial
According to all other published sources on the titles granted by King Um=
berto
II, the title of Count was granted to descend by male primogeniture; ther=
e is no
Bolletino Ufficiale del Corpo della Nobilta Italiana, Anni XXVI-XXX, Octo=
ber
1987, p. 66, year 1963, 15 September "Fani, Amedeo, concessione Conte (mp=
r)", in
the chapter Provvedimenti Nobiliari di Sua Maesta Umberto II, re d'Italia;
confirmed in the entries on this family in the Libro d'Oro della Nobilta
Italiana, Vol XXV, 2000-2004, volume 1; and Annuario della Nobilta Italia=
na,
2000, Volume 2, part III, sec II, p. 686).
(=2E.. omissis ...)
The inclusion of these titles in the Register, without verification, give=
s the
impression they are endorsed by the register. I do not believe this is the
impression you want to give. May I suggest that the use of nobiliary titl=
es both
of the family registered and their relations listed in the genealogies be
checked with a competent source, or not used?
I too shall be taking into consideration legal measures to counter such
denigration.
if you seriously believe that the above statement by me was somehow slanderous
then you really need to read it again, and again, and again. It is a polite
inquiry about the basis for a claim which runs in the face of every known
precedent for the succession of noble titles, bound by the remainder conferring
them and the general law regulating the nobility and titles. Hence, under the
French First Empire, certain types of titles could pass by adoption in certain
cirucmstances. This is not and never was the case with either Italian royal
titles or Papal titles.

I usually react badly to threats of suits for defamation, as Mr Poidimani (false
duke of Braganza) found, so I suggest you think this through carefully.
--
Guy Stair Sainty
www.chivalricorders.org/index3.htm
Joseph McMillan
2006-05-22 20:28:10 UTC
Permalink
Post by Guy Stair Sainty
I usually react badly to threats of suits for defamation, as Mr Poidimani (false
duke of Braganza) found, so I suggest you think this through carefully.
The reference to that case reminds me: some of the "holders" of these
titles are so fond of citing legal proceedings in courts with
questionable jurisdiction to support their claims, I wonder when we
will see any mention of the 2003 South African court case concerning
another Burkes' registrant, described as follows in a recent edition of
the Port Elizabeth Herald, <www.theherald.co.za/herald/
2006/05/04/news/n13_04052006.htm>:

'In March, 2003, Agasim-Pereira was denied leave to appeal against
judgment in the R1-million defamation suit he lost against the Weekend
Post. Pereira had sued the newspaper after it published a
tongue-in-cheek article on Christmas gifts for celebrities in which he
was described as a "self-styled" baron.'

'He claimed the story implied he was not entitled to use his title. In
dismissing the claim, Judge Chris Jansen said the barony title which
Pereira had bought for some R300 000 in Scotland was "artificial"
and that he was indeed a "self-styled" baron.'

Joseph McMillan
George Lucki
2006-05-22 21:15:27 UTC
Permalink
Post by Joseph McMillan
Post by Guy Stair Sainty
I usually react badly to threats of suits for defamation, as Mr Poidimani (false
duke of Braganza) found, so I suggest you think this through carefully.
The reference to that case reminds me: some of the "holders" of these
titles are so fond of citing legal proceedings in courts with
questionable jurisdiction to support their claims, I wonder when we
will see any mention of the 2003 South African court case concerning
another Burkes' registrant, described as follows in a recent edition of
the Port Elizabeth Herald, <www.theherald.co.za/herald/
'In March, 2003, Agasim-Pereira was denied leave to appeal against
judgment in the R1-million defamation suit he lost against the Weekend
Post. Pereira had sued the newspaper after it published a
tongue-in-cheek article on Christmas gifts for celebrities in which he
was described as a "self-styled" baron.'
'He claimed the story implied he was not entitled to use his title. In
dismissing the claim, Judge Chris Jansen said the barony title which
Pereira had bought for some R300 000 in Scotland was "artificial"
and that he was indeed a "self-styled" baron.'
Joseph McMillan
Joseph,
No need to wonder when we'll see mention of that case.
You just mentioned it. :)

If you google his name you will find he is no stranger to legal difficulties
and is a colourful character to say the least. The www.burkes-peerage.com
(not related I understand to www.burkes-peerage.net which is the publisher
of the soon to be released Orders of Knighthood and Merit and the sponsor of
the Burkes armorial register) is his new website. I wonder what is in store
there. It seems to be his barony of Fulwood site for now.

Returning to his title. I think the point to be made is just because
Scotland recognizes these purchased titles does not mean that they will find
recognition elesewhere. You might be a baron to another Scottish baron but
that doesn;t make you one to a South African magistrate. Applying a South
African judge's perspective such a title may be in fact artificial. I think
it is ironic to see such ongoing interest in Scottish feudal titles at a
time when they have lost all of the former feudal meaning they had. I guess
it conveys what the titles are really about at present - a way of purchasing
and adding an impressive sounding handle to one's name and perhaps after
years of litigation obtaining some heraldic additiments. I guess it also
suggests that there are enough folks impressed with the titles that the
purchase price seems reasonable to some.
KInd regarrds,
George Lucki
LollyGaggerino
2006-05-24 13:59:19 UTC
Permalink
Oh! the pathetic puffery of the "well-endowed"...

This is a newsgroup on the internet. No one's defaming you, Cowboy,
they're just fact-hunting. If you have nothing better to do than spook
around the net crying "Lawsuit!" you probably don't deserve the title
in the first place since you validate the notion that nobles are
absolutely valueless in the world today.

And PS: I personally woudn't give a rat's dirty behind that the Pope
says so. The Pope and his various brotherhoods are simply bogus devices
to keep you purple people in purple.

Sue me, please! The press would be fantastic!

Gail Bracy
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