[MR] Triton Speaks on the GoA of the OHM

[BATCOK at aol.com]

Greetings to all who read these words from Baron Michael Batcok, Triton Principal Herald.

I have been occupied with work and not been able to fully divert my attention to this issue until now.  I beg your attention to my late reply to this issue and ask if someone could forward my words to the Pearl List, should my message be rejected by the system, as I am not a member of that august assemblage.

In a message titled "Re: [AtlantianHeralds] Elevation to GoA of Kraken, Sea Stag, GD,. Pearl, Yew Bow" and dated 4/17/2003 8:23:21 AM Eastern Standard Time, jaelle at Radix.Net writes:

> One correction.
>
> If the person already has a patent of arms, they don;t get a grant of
> arms. A patent is higher than a grant, and you can;t get a naked grant
> *after* you get a patent (you can receive an order that is grant level
> after you get a patent, because that is different).
>
> IT is similar to the fact that you can't get a second patent of arms once
> you have the first one. EG if you have a pelican then become a knight, you
> only have one patent, though you belong to two patent bearing orders.
>
> Jaelle

I must disagree with you on this point.

I will begin by stating the fact that the Crown is perfectly within its right to do any silly thing it wants that does not specifically violate Kingdom or Society Law.  We've all experienced the Crown saying things in a manner that could have been done better -- reference St. Aiden for an immediate and continuing example.

Therefore, we need to see what Kingdom and Society Law say in regard to the ability of the Crown to give armigerous status with or without and Award or Order attached.

The Governing Documents of the Society have this to say about the Crown's ability to give naked Arms:

Corpora IV.H.1 The Crown may present Awards of Arms, the titles of Court Baron and Court Baroness, and Grants of Arms in accordance with the laws and customs of the kingdom.  The Crown may establish and present such other awards as the Crown shall deem proper, in accordance with the laws and customs of the kingdom.

Kingdom Law says the following about the giving of naked Arms:

Nothing.

The stipulation in the Governing Documents of the Society that references the giving of Grants of Arms with a recognition states the following:

Corpora VIII.B.2 Kingdoms may establish awards and orders conferring Awards or Grants of Arms, and the Crown may award membership in such orders according to the laws and customs of the kingdom.  The names and insignia of these awards and orders must be ratified by the Laurel Sovereign of Arms.  The order of precedence among the orders conferring Awards or Grants of Arms shall be established according to the laws and customs of the kingdom.  Principalities may establish their own awards and orders, but the approval of the Crown is required before these awards and orders may convey Arms.

The applicable stipulations specified in Kingdom Law regarding the Royal Peerages and Kingdom Orders are:

7.3 ROYAL PEERAGES
A Royal peerage earned in the Kingdom of Atlantia shall be accompanied by a Patent of Arms if the new Royal Peer does not already have one.  People earning such peerages shall be assumed to fulfill the basic requirements for receiving a Patent of Arms, unless a Court of Chivalry shall find otherwise.  (There is no similar stipulation in Corpora.)

8.3.2 Companions of those Orders who resided in the Kingdom at the time their Order had its status elevated shall have their status elevated appropriately in the Order of Precedence.

8.3.2.1 The Orders of Atlantia last had their status elevated on April 1, 2003.

8.3.8.1 Admission to the Orders of the Golden Dolphin, Pearl, Sea Stag, Yew Bow, Kraken, and Academie d'Espee, the Order of the White Scarf of Atlantia, shall be accompanied by a Grant of Arms to such recipients as do not already have a Grant of Arms.

However, of particular note in the Kingdom Law is the following bulleted point that immediately follows the title of Section 8: No Kingdom award or order shall be considered a prerequisite for any other kingdom award or order.

This note is primarily intended to allow people to receive a higher recognition without having to receive a lower one.  But this does not preclude a person from receiving a lower recognition after they have achieved a higher one.  Other than a judgment to see if the recipient has continued or achieved a new level of service, there is nothing remarkable in a person receiving a Golden Dolphin after they have achieved a Pelican.  So, why should there be a major upheaval of the universe if a person receives a Grant of Arms after they have obtained a Patent of Arms?  There is nothing in Law that says having a higher armigerous status precludes the awarding of a lower status.  The only stipulation is that a person cannot receive an armigerous status that they already possess.

Therefore, it can be seen that there is nothing in Kingdom of Society Law that would prevent the Crown from giving a Grant of Arms to someone who has received a Patent of Arms.  It would be very silly of the Crown to do so in full court, so it has not been done, but nothing would stop the Crown from doing such if they insisted upon it.

Therefore, I have instructed the Clerk of Precedence to record for *ALL* individuals who were members of the now Orders of High Merit who resided within the Kingdom of Atlantia at the time those Orders were elevated to such status and who had not previously received a Grant of Arms have their records adjusted to show that on April 1, 2003 they received a Grant of Arms.

The following examples only reflect precedence status items:

For Michael, who has not previously received a Grant of Arms or been enrolled in a Patent Order, his listing would read as follows to reflect this action:

Michael Batcok
4/7/2001 Atlantia: Companion of the Golden Dolphin
4/1/2003 SCA: Grant of Arms
5/4/2003 SCA: Court Baron
9/16/1995 SCA: Award of Arms

For Mordeyrn, who had not previously received a Grant of Arms before her Patent of Arms, the reference would be as follows:

Mordeyrn Tremayne
8/16/2001 SCA: Mistress of the Pelican
5/10/1994 Atlantia: Companion of the Golden Dolphin
10/24/1998 Atlantia: Companion of the Kraken
4/1/2003 SCA: Grant of Arms
1/11/1993 SCA: Award of Arms

For Herveus, who has previously received a Grant of Arms before his Patent of Arms, there would be no additional reference shown in the OP:

Herveus d'Ormonde
1/6/1996 SCA: Master of the Pelican
11/14/1992 Atlantia: Companion of the Golden Dolphin
3/6/1999 Atlantia: Companion of the Pearl
5/2/1992 SCA: Grant of Arms
8/16/1990 SCA: Award of Arms

Please note the shift of the Golden Dolphin, Kraken, and Pearl in these examples above the GoA to reflect the new precedence status of those orders.

In my investigation I have also searched the Precedents and the Cover Letters of the Letters of Acceptance and Return of the Laurel Sovereigns of Arms (a compilation of heraldic decisions available on the Laurel Herald's section of the Society Web Site). In searching these documents I have found nothing referring to this type of issue.  As I do not claim perfect observation skills, I invite any who wish to please search them also to ensure I have not missed anything.  As this is such a heated issue with strongly differing opinions, I am addressing a letter to the Laurel Herald asking his opinion on this issue.  When I hear from him I will relay his answer to these lists.

Baron Michael Batcok
Triton Principal Herald