2013 College of Arms v. Fiova (UC)

  

Din el Cort Pü Inalt
ROYAL TALOSSAN COLLEGE OF ARMS
Plaintiff
v.
FREE PROVINCE OF FIÔVÂ
Defendant
Decided
22 January 2013/XXXIV
Brief of the ruling
{{{ruling}}}
Opinion of the Court delivered by
Justice Asmourescu
joined by The Cort issued an injunction against the 2013/E2 El Colétx Fiôván dels Armeux.

Complaint

To the Clerk of Courts --

Acting on behalf of the Royal Household, the Royal Talossan College of Arms herewith petitions His Majesty's Most Honourable Uppermost Court or the Honourable Court of Magistracy to immediately issue a permanent injunction preventing the enactment of the executive order issued by the government of the Free Province of Fiôvâ establishing a Fiôvân College of Arms.

It is the position of the petitioner that the said order should be held inorganic as acting against Article III, Section 2 of the Organic Law of the Kingdom of Talossa, and that it would further be found in violation of Talossan Statutory Laws 34RZ13, The Royal Talossan Heraldic Authority Act, and its amending act 35RZ24, The Royal Household Cleaning Act.

Respectfully submitted this 21st day of January, being Landmark Day as observed in the Kingdom of Talossa, in the year 2013, the thirty-fourth year of the independence of the Kingdom of Talossa, and the sixth year of the reign of our gracious sovereign John.

Ma la Mha
Squirrel King of Arms
Kingdom of Talossa

Opinion

Justice Asmourescu delivered the opinion of the Cort:

Background of the Case

On or about 21 January 2013, a 2013/E2 El Colétx Fiôván dels Armeux (Fiova)proclamation was made by Cunstuval Istefan Perþonest and countersigned by Capitan C. Carlüs Xheraltescu, thus authorizing said proclamation as law under the Constitution of Fiova:

WHEREAS

the art of heraldry enhances the cultural life and prestige of Talossa, and WHEREAS the current Kingdom College of Arms is mired in dissension whether those who refuse to swear allegiance to the monarchy are entitled to arms granted by that monarchy, and WHEREAS we believe that the republican-minded Talossan people should not be excluded from the heraldic tradition, and WHEREAS the granting of new coats of arms and crests should be encouraged and a simple procedure to obtain new arms should be created, now THEREFORE

1. the Free Province of Fiôvâ hereby establishes the Fiôvan College of Arms (in the national language: el Colétx Fiôván dels Armeux) with the following mandate:
   1. Granting new arms and crests to individuals, organizations, and government departments that make a request to the College, whether Fiôván or from other Talossan provinces;
   2. The fostering of a republican tradition of heraldry in Talossan.
2. The College of Arms shall create and maintain flags and coats of arms and achievements granted by the Free Province of Fiôvâ (by law or by Executive Order), to advise and support the Cunstavál in the awarding of all such arms and all titles of honour and nobility, to advise the citizens regarding heraldic issues, and to govern the armorial practice and regulations of Fiôvâ.
3. The College of Arms shall be governed by a person designated as Four-Star Magistrate of Arms. The Magistrate shall be appointed by the Capitán. The Four-Star Magistrate of Arms shall be free to select other individuals to assist in his or her work.

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

Analysis of law

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

Org.3.1.: All powers not vested in the Kingdom by this Organic Law shall be vested exclusively in the Provinces.

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

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

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

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

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

Org.3.2.: The King is the symbolic head of the nation. The nation democratically grants the King and his successors certain Royal Powers: The right to declare national holidays, grant titles of nobility, make the annual Speech From the Throne on the 26th of December (or at other times when events warrant), to veto bills (or Prime Dictates), to issue Writs of Dissolution and Warrants of Prorogation for the Cosâ, to grant pardons and commute sentences, to confer awards and decorations, to appoint the Seneschál after elections, and to appoint Governors of Territories upon the advice of the Seneschál.

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

The proclamation also states:

WHEREAS

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

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

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

Ruling

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

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

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

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