Rebuttal to Joseph McMillan’s Claim the Cronista de Armas de Castilla Y León is only Municipal

 
ernie_anaya@yahoo.com
 
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ernie_anaya@yahoo.com
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Joined  01-02-2019
 
 
 
10 July 2019 21:38
 

Rebuttal concerning the Cronista de Armas de Castilla y León concerning municipalities. I respectfully disagree, and it seems you are basing this on the opinion of others, not primary research you have conducted.

First, the Council of State decisions are not legally binding in Spain. The Council of State is the “supreme advisory body of the government”, according to article 107 of the Constitution. Issues opinions on matters submitted to the government or its members for consultation, although they will not be binding, unless the law provides otherwise, or the Supreme Court makes a legal decision.

Even so, the opinion of the Council of State also says that “exercising the office of Cronista de Armas de la Junta de Castilla y León is authorized by the Autonomous Decree 105/1991.”

Concerning the municipalities only argument, that’s incorrect. The decree 105/1991 contains many articles. And, the Council of State decision, which is not binding, did not address Articles 15, 16, and 17 of the 105/1991 decree of the Junta de Castilla y León.

If you read Article 16, it provides the Cronista the same powers as the Cronista Rey de Armas of yesterday contained in the Royal Decree of 1915 which states:

“In addition to the palatine function entrusted to them, they come from very old, issuing certifications in matters of nobility, genealogy and coats of arms, for having recognized them of this faculty ...” Notice that the term palatine had to do with governmental heraldry,.

Despite not addressing Article 16 specifically, the Council of State 1995 opinion includes the Decree’s verbiage from the Junta de Castilla y León as follows:

“The decree is headed with the name of the President of the Junta of Castilla y León, who addresses “Vos ......, Marquis de ......, neighbor of ......”; refers first to the Decree of appointment and continues: “And then, having accepted this appointment, I have resolved to issue the present decree so that from now on you can continue to be named and titled Cronista de Armas de Castilla y León, showing all the faculties and competences, honors and distinctions, of the former Cronista Reyes de Armas de of Castilla y León being able therefore to sign as such the reports and opinions that this Meeting of Castilla y León requests you in the matters of your competence, to issue the certifications of genealogy, nobility and coats of arms, letters of oficiales de armas, confirmations, grants of new arms and authorizations of use that were requested by individuals (which for validity must have the approval of this Board and will be saved and registered in your Minutes, which will be deposited every year in the Central Archive of the Administration of Castilla y León), use the traditional badges of this trade, and appoint you to subscribe with the title of Castilla-León “. Entrusts and sends to all Authorities, Corporations and individuals who receive and are Cronistas de Armas de Castilla y León, with their honors, pre-eminences and prerogatives, “without that for the perpetuity of this appointment is necessary another decree, mandate or cedula Given in Valladolid, on June 13, one thousand nine hundred and ninety-one.”

https://www.boe.es/buscar/doc.php?id=CE-D-1995-2437

Notice that although the non-binding Council of State opinion only states the authority as only being municipal, the opinion ignores the decree from the Junta de Castilla y León stating otherwise, why?

In addition, many changes have occurred since that time; Spain today has 17 autonomous regions, each with its own President and independent judicial.

The Constitution of Castilla y León was last revised in 2007 with total autonomy including judicial authority. The Decrees and official judicial decisions by the autonomous Junta de Castilla y León are legally binding, unlike the Council of State opinion which has no authority, and the Junta’s laws and judicial decisions trump the Council of State opinion.

https://www.boe.es/buscar/act.php?id=BOE-A-2007-20635”

Furthermore, the Council of State, in its Opinion 2047/2004, stated that Castilla y León had received, from the Ministry of Justice, autonomy corresponding to its functions of the Administration of Justice, which would include authority to appoint a Cronista de Armas, through the Organic Law 14/2007 (e.g., reforming the Statute of Autonomy for Castilla y León.)

More importantly, the Ministry of Justice abandoned making such decisions in 1994. If the Ministry wanted to continue that tradition, Don Alfonso qualifies with degrees in law and doctorate in history, required by the decree of 1951, which Don Vicente de Cadenas and Vicent lacked.

https://www.boe.es/datos/pdfs/BOE/1951/123/A02054-02054.pdf

The most convincing piece is the endorsement by the Royal House concerning new arms for newly granted titles of nobility. Here are the arms of the Conde de Latores co-signed by both SM Don Juan Carlos I and the Cronista de Armas de Castilla y León.

The entire argument against this appointment only relies on the Council of State 1995 non-binding opinion which is incomplete, did not address Article 16 of the Decree 105/1991 in particular, is outdated since the Ministry of Justice abandoned such decisions 10 years earlier in 1994, and superseded by the Autonomous Constitution of Castilla y León of 2007.

It is important to understand the history, the Constitution, decrees, and the Royal House endorsement, to get the full picture. I undertook this research after reading inaccuracies in the AHS Blog, not the AHS FB group. The findings speak for themselves. The evidence is overwhelming, the opposing opinion not so. Time to rely not only on fact, but on who has the authority.

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