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Beautiful Oil Painting of your Family Crest

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Rex

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Aug 18, 2001, 11:32:08 PM8/18/01
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Here's a terrific organization that will create a magnificent oil painting of
your Family Crest / Coat of Arms. If you don't happen to have a copy of your
Family Crest, they will even do the research for you free-of-charge. Check it
out at

http://www.alexandergallery.net/family_crest.html

e-mail : alexande...@alexandergallery.net

o[pkytr

Nigel Barker

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Aug 19, 2001, 8:30:09 AM8/19/01
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In article <9lncai$63h$4...@news.loxinfo.co.th>, Rex <r...@instructor.net>
writes
I trust that these paintings do not purport to entitle the recipient to
use, as his or her own, the Coats of Arms depicted when no such legal
entitlement exists.

In England and Wales, 'It is an offence for a person to assume arms or
other honours to which he is not entitled, and this can lead to
prosecution in the Court of Chivalry' ('The Oxford Guide to Heraldry' p
144, Thomas Woodcock, Somerset Herald & John Martin Robinson, Fitzalan
Pursuivant Extraordinary ISBN 0-19-211658-4). See Manchester Corporation
v Manchester Palace of Varieties (1954) - Court of Chivalry. Similar
provisions apply in Scotland where Lord Lyon's Court will attend to
miscreants.

On an international basis, consider copyright issues.

I know that this is an oft repeated caution but, it seems, must continue
to be given.
--
Nigel Barker

Ford Mommaerts-Meulemans-Browne

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Aug 19, 2001, 10:08:13 PM8/19/01
to

----- Original Message -----
From: "Nigel Barker" <ni...@a6law.demon.co.uk>


> In article <9lncai$63h$4...@news.loxinfo.co.th>, Rex <r...@instructor.net>
> writes

> I trust that these paintings do not purport to entitle the recipient to
> use, as his or her own, the Coats of Arms depicted when no such legal
> entitlement exists.
>
> In England and Wales, 'It is an offence for a person to assume arms or
> other honours to which he is not entitled, and this can lead to
> prosecution in the Court of Chivalry' ('The Oxford Guide to Heraldry' p
> 144, Thomas Woodcock, Somerset Herald & John Martin Robinson, Fitzalan
> Pursuivant Extraordinary ISBN 0-19-211658-4). See Manchester Corporation
> v Manchester Palace of Varieties (1954) - Court of Chivalry. Similar
> provisions apply in Scotland where Lord Lyon's Court will attend to
> miscreants.


Mr. Somerset was one of my mentors in peerage & chivalry law. I believe
that the difference between Court of Chivalry for the Kingdom of England &
the Lord Lyon's Court for the Kingdom of Scotland is that the former can
only levy fines, while the latter can imprison.


>
> On an international basis, consider copyright

AND registered trademark

Tim Powys-Lybbe

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Aug 19, 2001, 9:02:43 PM8/19/01
to
In message <+njv8CAR...@a6law.demon.co.uk>
Nigel Barker <ni...@a6law.demon.co.uk> wrote:

> In article <9lncai$63h$4...@news.loxinfo.co.th>, Rex <r...@instructor.net>
> writes
> > Here's a terrific organization that will create a magnificent oil
> > painting of your Family Crest / Coat of Arms. If you don't happen to
> > have a copy of your Family Crest, they will even do the research for

> > you free-of-charge. Check it out ... <snip>

> I trust that these paintings do not purport to entitle the recipient to
> use, as his or her own, the Coats of Arms depicted when no such legal
> entitlement exists.
>
> In England and Wales, 'It is an offence for a person to assume arms or
> other honours to which he is not entitled, and this can lead to
> prosecution in the Court of Chivalry' ('The Oxford Guide to Heraldry' p
> 144, Thomas Woodcock, Somerset Herald & John Martin Robinson, Fitzalan
> Pursuivant Extraordinary ISBN 0-19-211658-4). See Manchester Corporation
> v Manchester Palace of Varieties (1954) - Court of Chivalry.

Continuing this off-topic thread, I must disagree with this. There is
no statute law to support any such prosecution. Further the 1954 was
solely a case of one organisation suing another, it was not a
prosecution. The English heralds have not prosecuted anyone for such an
offence in over 300 years. Even if they did bother to put up a case in
the Court of Chivalry, which, 1954 apart, has not sat since 1730 odd, it
is highly likely that any penalty would be unenforceable as any attempt
to distrain any offender would undoubtedly be overthrown in the high
courts.

> Similar provisions apply in Scotland where Lord Lyon's Court will
> attend to miscreants.

I agree that Lord Lyon has a few more teeth. But I have not studied
what they might be.



> On an international basis, consider copyright issues.
>
> I know that this is an oft repeated caution but, it seems, must continue
> to be given.

The caution should only be given if it is correct, which I do not
believe it to be. I suggest that this is discussed on the newsgroup
rec.heraldry which has a few experts to join in.

--
Tim Powys-Lybbe t...@powys.org
For a patchwork of bygones: http://powys.org

Tim Powys-Lybbe

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Aug 20, 2001, 4:34:10 PM8/20/01
to
In message <003701c1291e$89dffc80$c5490404@hppav>
smo...@peoplepc.com (Ford Mommaerts-Meulemans-Browne) wrote:

>
> ----- Original Message -----
> From: "Nigel Barker" <ni...@a6law.demon.co.uk>
>

<snip>


> >
> > In England and Wales, 'It is an offence for a person to assume arms or
> > other honours to which he is not entitled, and this can lead to
> > prosecution in the Court of Chivalry' ('The Oxford Guide to Heraldry' p
> > 144, Thomas Woodcock, Somerset Herald & John Martin Robinson, Fitzalan
> > Pursuivant Extraordinary ISBN 0-19-211658-4). See Manchester Corporation
> > v Manchester Palace of Varieties (1954) - Court of Chivalry. Similar
> > provisions apply in Scotland where Lord Lyon's Court will attend to
> > miscreants.
>
> Mr. Somerset was one of my mentors in peerage & chivalry law. I believe
> that the difference between Court of Chivalry for the Kingdom of England &
> the Lord Lyon's Court for the Kingdom of Scotland is that the former can
> only levy fines, while the latter can imprison.

Agreed that the Court of Chivalry might be able to levy fines, but has
not done so for nearly 300 years. The real problem is that of enforcing
their judgement, the signs are that they would be over-ruled by the high
courts. So the offender could comfortably ignore any such judgement.

Further the 1954 case did seriously consider whether the Marshal's
prison could still be used, so in principle there is less difference
between the Court and Lyon's powers. Though subject to the above
caveats.

Apologies for perpetuating this off-topic thread but I cannot allow
pretensions to illegality to stand unchallenged.

D. Spencer Hines

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Aug 20, 2001, 6:53:52 PM8/20/01
to
"Apologies for perpetuating this off-topic thread but I cannot allow pretensions to illegality to stand unchallenged."

Tim Powys-Lybbe t...@powys.org
------------------------------------------

Pretensions of *any* sort should never be allowed to stand unchallenged.

They should be challenged and exterminated.

No quarter given. <g>

Deus Vult.

"For by diligent perusing the actes of great men, by considering all the circumstances of them, by composing Counseiles and Meanes with events, a man may seem to have lived in all ages, to have been present at all enterprises, to be more strongly confirmed in Judgement, to have attained a greater experience than the longest life can possibly afford."

John Hayward, __The Lives of the III Norman Kings of England, William the First, William the Second and Henry I__, London, 1612, Preface

All replies to the newsgroup please. Thank you kindly. All original material contained herein is copyright and property of the author. It may be quoted only in discussions on this forum and with an attribution to the author, unless permission is otherwise expressly given, in writing.
------------

D. Spencer Hines

Lux et Veritas et Libertas

Vires et Honor.

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