Norb said:
bluemanc said:
We could if we wanted to,the Council would have to challenge us by forming an Heraldic Council with special officers positions created, but without saying to much at least one & possibly 2 precidents of the COA being used exists.............plus the purple nose twat nearly always wears a blazer with the COA on it.
quote]
Nearly...
IX
THE COMMON LAWYERS' FIRST CASE
1954
The presentation of the petition of the Manchester
Corporation to the Earl Marshal on 5 May 1954 set
the long-silent machinery of the Court in motion. 1
The petition complained of two matters—that Man-
chester Palace of Varieties Ltd. had displayed publicly
on a pelmet above the main curtain in the auditorium of
the Palace Theatre in Whitworth Street, Manchester, the
arms, crest, and supporters which had been granted to
the Manchester Corporation in 1842, and that the com-
pany had displayed the arms, crest, and supporters on
their common seal. The Earl Marshal had first to satisfy
himself that these were matters within the jurisdiction of
the Court. This he signified by subscribing the petition
'Let Process issue as is desired'.
The next step was for the Earl Marshal to issue a
citation under seal dated 20 October requiring the de-
fendants to enter an appearance in the registry of the
Court at the College of Arms and to appear on the next
court day to answer the complaint. This was served on the
defendants on 25 October.
The Earl Marshal then proceeded to appoint officers
of the Court. By a warrant dated 24 October the Lord
Chief Justice of England, Lord Goddard, was appointed
Lieutenant, Assessor, and Surrogate. This warrant was,
mutatis mutandis, in the same form as that used for the
appointment of Sir Edmund Isham in 1731. Three
days later Mr. A. R. Wagner, Richmond Herald, and
82 pages & it's available as a book.
a revival of the Court in 1954, when the Earl Marshal appointed the then Lord Chief Justice to sit as his surrogate. The Lord Chief Justice Lord Goddard confirmed that the Court retained both its existence and its powers, and ruled in favour of the suit before him.
However, in his judgment (Manchester Corporation v Manchester Palace of Varieties [1955] P 133) Lord Goddard suggested that
“...if this court is to sit again it should be convened only where there is some really substantial reason for the exercise of its jurisdiction.”
That must be why other partys have been allowed to still use the COA/s.
It'd be interesting to know if the COA was ever removed because it would have been a nightmare if the Theatre appealed.
Hence, although the Law of Arms undoubtedly remains part of the law of England, and although the Court of Chivalry in theory exists as a forum in which it may be enforced, there is difficulty in enforcing the law in practice (a point made in Re Croxon, Croxon v Ferrers [1904] Ch 252, Kekewich J). The absence of a practical remedy for the illegal usurpation of arms in the law of England does not mean that there are no rights infringed, merely that it not within the jurisdiction of the common law Courts to act and the Court which is so empowered does not now sit.
I wonder if this is why the Council wanted a new COA.