"that it has the right, power and authority to submit the Notice; that the Notice is not false, inaccurate, misleading nor does it contain fraudulent information; and that the Notice is submitted in good faith, does not contravene any Act of Parliament nor is it in any way illegal or defamatory or an infringement of any other party's rights."
Howe has stated that he obtained a UK barrister’s opinion before placing the advertisement. This may have been necessary because of the need to give the above warranty. However, he appears to represent this opinion in a different way. According to his interview with the Frederick Post-News (16 December 2007) "he claims to have one U.K. barrister's opinion in his favor". On his own website, he makes the following claims:
"UK Barrister’s Opinion: The resulting legal opinion found that there was sufficient evidence and weight in support of the claim so as not to violate the Treason Felony Act 1848 of the UK, stating that, ‘In short, I do not believe that it is unlawful for Mr Howe to claim to be the King of Man or to pursue that claim through lawful means’ [my emphasis]. In conclusion, the Barrister fully supported the legal rights of HM King David."
It could be inferred from this last statement that the barrister has validated or supported Howe's claim. However, in the above extract the barrister refers to the self-styled 'King of Man' as "Mr Howe". An alternative construction would be that the barrister did not adjudicate or otherwise express an opinion on Howe’s claims and find in his favour, but provided an opinion on whether Howe was breaking the law by claiming to be the King of Man in the way that he told the barrister he was doing.
Howe has not provided details of the instructions given to the barrister in order to define his remit, and the barrister is unnamed, and thus cannot be contacted to corroborate or explain his advice.
By contrast, here we find an actual barrister's opinion of this part of Howe's scheme (as at 13 January 2008):
http://en.wikipedia.org/wiki/Wikipedia:Articles_for_deletion/David_Howe_%28claimant_to_King_of_Mann%29
"An advertisement in the London Gazette is not good enough to establish title."
The advertisement
On 16 January 2007 the following notice appeared in the London Gazette [Issue 58221, p 541]:
http://www.gazettes-online.co.uk/ViewPDFContent.aspx?pdf=58221&geotype=London&gpn=541&type=Issue
"DAVID DREW HOWE
"Notice is hereby given that David Drew Howe claims incorporeal hereditament rights to the independent Kingdom of Mann or Man, together with fons honorum through ancestral descendant [sic] of Sir John Stanley; through the passing by letters patent of 1405 to his heirs, according to the course of the common law, for the grant itself by letters patent was warranted by the common law in this case: and therefore, if no other impediment existed, the incorporeal hereditament rights in this case have descend [sic] to the heirs general, and not to the heir male. All enquiries through Leonard Warner (Solicitor), of Green Wright Chalton Annis, 60 High Street, Steyning, West Sussex BN44 3RD."
I have emphasised some of this to indicate that the source of most of the text of this advertisement has apparently been taken from Manx Society, volume 12, 1866, p 39, quoting the decision of the law lords whom Queen Elizabeth had asked to adjudicate on the several claims of the Stanley heirs in 1598 (in turn citing 4 Coke’s Institutes, App No 2):
"It was resolved that a fee simple in this Isle passing by the letters patent to Sir John Stanley and his Heirs, is descendible to his heirs according to the course of the common law, for the grant itself by letters patent is warranted by the common law in this case, and therefore if there be no other impediment, the Isle in this case shall descend to the heirs general and not the heirs male."
This text is available on google books, which may be where Howe found it.
The following observations may be relevant in relation to this notice:
Firstly, the notice merely 'gives notice' and directs 'enquiries' to a particular address. It does not state that objections should be lodged, nor does it specify any time-frame within which responses should be made, both of which Howe now claims are vital elements to the process.
Secondly, Howe explicitly claims to be a ‘fons honorum’. This Latin phrase – literally a ‘fount of honour’ – is used of reigning sovereigns and other bodies (such as republican governments) that have the right to award honours. Howe presumably stresses this part of his claim because it is integral to the economic side of his enterprise: the alleged ability to create titles.
Thirdly, the legal basis for Howe’s claim is said to be that the original grant of the Isle of Man to the Stanley family in 1405 was under the English common law.
This is rightly said to mean that the title passes not to ‘heirs male’ but to ‘heirs general’, i.e. that the inheritance of the Lordship of Man is not restricted to male-line descendants of the first Stanley to hold Man, but to his heirs in a wider sense. As we have seen the common law provides for the eldest son to succeed, and then for daughters to succeed jointly if there are no sons.
Accordingly, this assertion runs contrary to the argument that Howe has advanced elsewhere, namely that the Manx Lordship passes to the oldest child regardless of gender – the so-called ‘gender-blind’ model of succession; this was the claim Howe had used to explain why his alleged ancestress, Jane Stanley, should have succeeded instead of her brother Thomas in 1504, or been given preference over her next brother James if Thomas were ruled out.
We have also seen ('Pedigree' page above) that Howe is not the heir general or the 'gender-blind' heir of either the Stanley Lords of Man, or of his particular alleged ancestress, Jane Stanley - which means that under either of the genealogical models he has proposed, he is not the heir to the Isle of Man.
Howe has attempted to counter this criticism by alleging it was open to any heir of the Stanleys to claim the crown he alleges was vacant, and that the mere staking of such a claim should bar any other heir with a better or competing title. No evidence has been provided in support of this allegation. Additionally, it is unclear why such a claim should have been restricted to a descendant of Stanley family in the first place.
Fourthly and finally, we have noted that the grant of 1405, which Howe cites in the advertisement as the basis for his claim, was a grant to John Stanley for life only, not to his heirs, and that it was cancelled in 1406. Accordingly the grant of 1405 cannot give rise to a claim by Howe or anyone else.
On 29 December 2007 Howe produced a new webpage in an attempt to respond to this criticism:
http://hmkingdavid.homestead.com/basis.html
"HRH David's ancestry is the foundation for his claim in the notice. Of minor importance [sic] are differing views by historians regarding the letters patent [of] 1405, and if a subsequent grant to the original was an entirely new grant... or an addendum to the original 1405 letters patent. Researchers working on HRH David's behalf could find no clear consensus on these issues and as a result authorized his claim released by the HMSO for publication to bear the date of the earliest known grant establishing King John I's ownership of the Isle of Man."
As we have seen, the 1406 grant states explicitly that it is "in lieu of a grant surrendered to be cancelled". It is unclear why Howe alleges that there is no clear consensus about the meaning of this. Additionally, Howe's alleged 'researchers' are not identified, and accordingly it is not possible to assess their credentials or to ascertain from them the work they may have undertaken or the conclusions they may have reached.
The '90 day period'
Looking at the purpose behind this notice, we see that Howe states as at 11 January 2008 on his FAQs page (www.royaltyofman.com):
"After the customary period of 90 days for a competing or counter-claim to be heard, no additional claims to the King of Mann crown were ever made and, his claim having gone undisputed, King David was subsequently crowned the King of the Isle of Man."
We have seen that the notice was published in the Gazette of 16 January 2007. 90 days after this date takes us to 16 April 2007 - the period within which Howe indicates that counter-claims could have been lodged.
As we can see here, however:
http://groups.google.com.au/group/rec.heraldry/browse_thread/thread/f1efaa16d960a7d9/85ff67707269435a?hl=en&lnk=gst&q=howe+isle+of+man#85ff67707269435a
Howe was advertising his 'noble titles' for sale at www.nobility.co.uk as early as 6 March 2007.
Furthermore, he claims that he was crowned "undisputed king" on 30 March 2007 - that is, sixteen days before the expiry of the period that he himself had set for objections to his claim.
The 'Noble Titles' connection
The solicitor chosen by Howe to represent him in relation to any 'enquiries' about the advertisement has some connections that may be relevant to this case. He is Leonard Warner of West Sussex, or "Lord Leonard Warner" as he has stated he prefers to be called, according to his own London Gazette advertisement dated 25 October 2005:
"Notice is hereby given that Leonard Francis Thomas Warner has been appointed the Rank and Title of ‘Lord’ of the Order of the Hereditary Knights Templars of Britannia. From this day forth Leonard Francis Thomas Warner shall be known as Lord Leonard Francis Thomas Warner of the Hereditary Knights Templars of Britannia"
According to the Law Society’s website, as of 22 December 2007 Leonard Francis Thomas Warner is a consultant with Green Wright Chalton Annis, solicitors of Sussex.
It seems that Leonard Warner acts as the agent for Noble Titles, and thus for Howe, in respect of their purported title sales, since, according to their website at as 3 January 2008, their correspondence address (for applications to buy 'titles' etc) is: "Shaw House, Pegler Way, Crawley RH11 7AF"
According to the website of the ‘Knights Templars of Britannia’, who also purport to deal in 'noble titles' and which may be found here:
http://www.knightstemplar-uk.co.uk/index.asp?pageId=74&sound=on
they may be contacted thus: "Leonard Warner, Solicitor (Knights Templar), Shaw House, Pegler Way, Crawley RH11 7AF".
Purported titles for sale
According to Noble Titles’ website, "titles make excellent birthday, anniversary and Christmas presents for the person that has everything".
Howe’s involvement in the sale of fantasy titles appears to have been initially made public on 6 March 2007, when a post was made to the rec.heraldry google group.
This post contained a link to Noble Titles’ website, which listed for sale "genuine titles of nobility guaranteed by a reigning European monarch". The ‘monarch’ was said to reign over an island which was a tax haven. This was before Howe's alleged 'coronation' on 30 March 2007 and before the alleged 90-day period for counter-claims or objections to be made to the Gazette advertisement.
It appears that Noble Titles were at first reluctant to identify the purported vendor as Howe. As recently as November 2007, according to the Isle of Man Newspapers’ article of 12 December 2007 here:
http://www.iomtoday.co.im/news/39King-of-Mann39-sells-titles.3579858.jp
Noble Titles refused to confirm that the titles related to Man.
The relevant page formerly contained the following note:
"The King requests that we do not divulge the Island until after the petition has been accepted. This policy keeps everything discreet. It would not be in anyone's interest to make public that titles of Nobility of this well known Island can be acquired through such channels".
However, the online sales pitch had been accompanied by an illustration of the coat of arms that Howe has assumed.
As of 1 January 2008, the website states explicitly that the titles on honour are from the "legitimate Royal King of the Isle of Man (Crowned & Undisputed)", and the pitch is illustrated with a photograph of Howe.
The range of titles and associated prices currently displayed is as follows:
Duke £90,000
Marquess £80,000
Earl £70,000
Count £60,000
Viscount £50,000
Baron £40,000
Lord £30,000
Sir Knight £20,000
This represents a considerable reduction from the earlier asking prices. For instance, as at 15 October 2007 the site read as follows:
"Noble Titles are the only company 'In The World' able to offer 'Genuine Titles of Nobility Guaranteed' granted by a reigning European Monarch.
"TITLED ARISTOCRACY FOR YOU, YOUR CHILDREN & YOUR CHILDREN'S CHILDREN - INHERITABLE - FOR EVER & EVER
"Titles of Nobility Available:
"Prince - £500,000 Prince First name of 'The Island'
"Duke - £250,000
"Marquess - £125,000" etc
No reason has been published for this reduction in prices, nor for the apparent disappearance of the 'title' of Prince [of Man] from the putative sale list. There was no mention of any of the proceeds going to charity in the original version of the website.
The website currently carries the following statement:
"Under no circumstances are Noble Titles selling Titles of Nobility. We are offering a service to help individuals petition for a Title of Nobility to be granted."
No explanation is offered for the price differentials within grades in the list. Since Noble Titles state they are not doing any selling, it may be reasonable to conclude that the party ultimately responsible for the sale is Howe.
There is also a second site which is being used to tout Howe's 'titles':
http://www.heritagesociety.co.uk/nobility_titles.html
This site is not referred to in Howe's promotional material or websites, and makes no mention of payments to charity. It also retains the higher price structure that seems to have been dropped recently from the Noble Titles website.
Thus, as at 4 January 2008 we find the title 'Prince of "the Island"' offered for £500,000 on this second website. The list of various grades as per the Noble Title site follows, down to "Sir" at £40,000.
According to the application form here:
http://www.heritagesociety.co.uk/applicationform.htm
the solicitor facilitating this enterprise is Leonard Warner.
As was formerly the case with the Noble Titles site, this second website does not explicitly name Howe or the Isle of Man. However, the wording of the two sales-pitches is almost identical; in particular, the second site includes the same representations and descriptions, such as "genuine titles of nobility", "guaranteed" "reigning European monarch" and "the island". It seems that this second site may represent a parallel branch of Howe's activities, operated alongside those he advertises widely, but not afforded the same level of publicity for some reason.
Mutually exclusive?
The Noble Titles website carries this representation:
"Noble Titles are the only company 'in the world' able to offer 'genuine titles of nobility guaranteed' granted by a reigning European monarch"
We can see this statement here (as at 4 January 2008):
http://www.nobility.co.uk/nobility.htm
However, when we look at the Heritage Society website listed above, we find that a similar representation is made (as at 4 January 2008):
"Heritage Society have exclusive rights worldwide to be able to offer 'Genuine Titles of Nobility Guaranteed' granted by a reigning European Monarch".
It is unclear how both Noble Titles and the Heritage Society can simultaneously hold and exercise 'exclusive rights'.
Isle of Man titles
Howe claims to be selling 'titles' for his 'kingdom' of Man, and says that he is that he is "trying to preserve a significant part of history" [post to alt.talk.royalty 26 October 2006].
According to Manx Society volume 5, 1860, pp 139-140, however, there have never been historical hereditary Manx titles of nobility. Although there were barons in the mediaeval period, these were the great landowners and officers of the island, such as the Bishop of Sodor and Man; hence references to Manx baronies appear to be references to units of landowning. No hereditary honours were ever granted and Howe provides no evidence that there were ever Manx Dukes or Manx Marquesses or the like as per his price lists.
Additionally, the title ‘Count’ has never been used in any of the British peerages, and there is no real distinction in fact between a Baron and a Lord as a grade of British nobility (although there is a £10,000 difference in price on Howe’s current list) [see Honours and Titles, HMSO, 1996].
Howe’s own history of fantasy title sales
Immediately before commencing his claim to be the King of Man, Howe was closely involved in a so-called ‘micro-nation’ that went by the name of 'Vikesland'.
A micro-nation is a fantasy attempt to set up an independent system of government. The 'principality of Vikesland' was set up by a group of disparate individuals, mostly in North America; their website may be found here:
http://wheatcity.tripod.com/principalityofvikesland
According to this site, the people involved with 'Vikesland' seem to have a particular fascination with rockets, for reasons that are not explained.
In the article about this phase of Howe’s activities that was published in the Frederick News-Post on 3 October 2006:
http://www.fredericknewspost.com/sections/archives/display_detail.htm?StoryID=61399
we find that Howe poses as ‘Duke of Antwerp’ and 'Minister for Business Affairs for Vikesland'. As well as talking about his alleged ancestry, Howe speaks about "setting up an aggressive internet campaign" and selling fantasy titles.
"Lots of folks want Sir in front of their name", he says, adding that he wants to make the most of the "ego-centrism that goes with having a noble title" [it is unclear whether this is intended as a self-assessment.] "Anyone can join, and a portion of the costs go to charity".
This episode may represent the genesis of Howe’s current enterprise. Only three weeks elapsed between the appearance of this article and the publication of his Manx claims. I have highlighted his statement that only "a portion" of the sales proceeds from his fantasy noble titles were to go to charity.
Although Howe has stated that he knew the Vikesland scheme was 'make-believe', it seems he intends that the current enterprise should be taken seriously. The sales pitches on the sites detailed above include representations to this effect, such as "genuine", "undisputed", "legitimate" and "guaranteed". Howe also states he has taken legal advice, so presumably his actions in this respect are deliberate and determined.
"The proceeds go to charity"
The above is the headline on Noble Titles’ website in bold type for the page touting Howe’s wares.
It is qualified by small-print reading: "excluding Investiture, Regalia and Administration costs".
The allegation that these sales should benefit charity appears to have been inserted several months after the sales began. No detaila are provided in relation to the nature or quantum of these 'investiture' costs, 'regalia' costs or 'administration' costs, and thus it is presently not possible to determine how much of the income potentially generated from the sale of Howe’s 'titles' might be available for transmission to charitable purposes.
Until recently, the sales pitch stated that:
"Our petition fee is £10,000 (refundable if unsuccessful athough 100% success is guaranteed)"
Although this is no longer explicit in this fashion, given the expenses apparently incurred to date, it seems likely that the "costs" would remain significant. The Noble Titles website continues:
"The transaction is carried out by a U.K solicitor registered with the Law Society. The Legality of such Titles have [sic] been checked by a U.K Barrister and Barrister's Opinion was given that everything is Legal & proper."
It is normal practice for solicitors and barristers to charge. It is unclear what details this UK barrister, who is also unnamed, was given or what the exact nature of their advice was. Howe has stated (letter to the Frederick News-Post, 27 January 2008) that he has "contracted with a British company and a UK solicitor" in relation to his 'title' sales. It is reasonable to conclude that this British company is also taking a commission.
The website states that applicants can also expect to receive "Royal Letters Patent... issued and affixed with the Royal Seal... together with official Regalia & investiture ceremony (if required)"; the latter includes an "evening banquet for two people seated at HRH's Table".
Whether Howe also makes a charge for these grants is not stated.
The charity that Howe originally said he had chosen to support is apparently an incorporated non-profit charity in the United States which, among other things, seems to sell African arts and crafts via eBay. Unfortunately, none of the tabs at its website currently seem to work, so it is not possible to obtain up-to-date details of its activities, but I have no reason to believe it is anything other than a bona fide charity.
Given the absence of current details about this organisation and the lack of confirmation that they are aware of the various claims that apply to this scheme, I have decided not to name it here at present. As of mid-January 2008 Howe has dropped references to it from his own websites.
The eBay connection is interesting, because in his interview with the Frederick News-Post of 16 December 2007, Howe refers to "auctioning off Duke and Baroness titles". So far as I am aware, the only medium for his purported title sales to date has been the fixed-price list offered by Noble Titles. Perhaps developments in this direction may be anticipated.
It should be added that Howe’s scheme is similar in many respects to that of another self-styled 'prince', which was exposed during 2006 on the same google groups that have been used to examine Howe’s claims. Details of this may be found on my website:
www.areyoubeingconned.com
(In offering this link to my other website, I am not stating that there is a link between the two cases, which should both be judged solely on their respective merits.)
