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I think you would have run into the same error on even JBoss AS6 since AS6 too uses HornetQ. AS5 used to use JBoss Messaging project which might have been lenient. Looks like HornetQ is stricter in this aspect.
In JBoss AS 5.x you could set a property on your connection factory to switch between strict and non-strict behavior. In JBoss AS 6, this switch is gone, but java:/ConnectionFactory allows the stuff that Section 6.6 of the ancient J2EE 1.4 spec forbids, while java:/JmsXA doesn't.
If I'm not mistaken, java:/ConnectionFactory is not pooled (and thus "your performance will suck"*), while java:/JmsXA is pooled.
(* famous quote from a JBoss JMS faq )