Heraldic Beasts?

[Bugbear]

From the first link: "At least half the signers of the Declaration of Independence and the United States Constitution bore arms."

[MacLowlife]

Thanks for the fascinating links.


Among the signers is one armiger whose claim is described as "English grant olf 1768 to the signer and other descendants of his grandfather". In fact, I am a descendant of that same grandfather (though not of the signer) - along with several hundred living cousins. In additional fact, I have a ring bearing those arms, inherited from my great grandfather. Now that we are in the Heraldry forum, does this entitle me to bear those arms? My guess is that nothing in US law prohibits it, but my conviction is that dozens of others are more entitled.

Can we have a three minute explication of matriculation for Americans?

[JerseyLawyer]

Thanks for the fascinating links.


Among the signers is one armiger whose claim is described as "English grant olf 1768 to the signer and other descendants of his grandfather". In fact, I am a descendant of that same grandfather (though not of the signer) - along with several hundred living cousins. In additional fact, I have a ring bearing those arms, inherited from my great grandfather. Now that we are in the Heraldry forum, does this entitle me to bear those arms? My guess is that nothing in US law prohibits it, but my conviction is that dozens of others are more entitled.

Can we have a three minute explication of matriculation for Americans?

English armorial practice is a bit "looser" than Scottish. By the terms of the grant, as a descendant of the Grandfather of the grantee, you are an heir to the arms, provided you are a legitimate male line descendant. Basic English practice is that the arms may be borne and used by any such legitimate male line descendant, as the English law of arms passes the arms equally to all the heirs male.

In Scotland, only the senior male heir would be entitled to the undifferenced arms, whereas all others would matriculate suitably differenced arms. In England, the system of cadency is widely ignored because it becomes so cumbersome - the fourth son of a third son of a second son would bear the arms with a martlet on a molet on a crescent (a bird on a star on a crescent). Over a number of generations, this gets to be, well, silly.

You can petition the College of Arms for confirmation that you are entitled to the arms, by registering your pedigree with the college. In order to do this, you have to call or write the College and consult with the Officer in Waiting, who can help you gather the necessary paperwork. Provided, though, that you are entitled to the arms, the pedigree registration is not required - it's just a step you can take if you want to be able to prove your entitlement.

[MacMillan of Rathdown]

Thanks for the fascinating links.


Among the signers is one armiger whose claim is described as "English grant olf 1768 to the signer and other descendants of his grandfather". In fact, I am a descendant of that same grandfather (though not of the signer) - along with several hundred living cousins. In additional fact, I have a ring bearing those arms, inherited from my great grandfather. Now that we are in the Heraldry forum, does this entitle me to bear those arms? My guess is that nothing in US law prohibits it, but my conviction is that dozens of others are more entitled.

Can we have a three minute explication of matriculation for Americans?

1. First and foremost is the requirement that you bear the same surname as the person named in the grant. So, as long as you are a direct male heir of the original grantee you are entitled to a portion of the heraldic estate of the original grantee.

2. It is often assumed that the English do not practice cadency, or the differencing of arms within extended families. Such is not the case. That said, English armigers tend to be far more lax as regards their heraldic property than most Scots or Irish armigers. Given that the College of Arms is a strictly private body (unlike the status of the offices of arms in Scotland and Ireland which are government offices) there is little they can do to enforce cadency, except when the odd individual approaches them to matriculate arms.

3. If, as you say, the destination of the original grant is to all the descendants of the grandfather of the original grantee then, subject to provision 1 (above) you would most certainly be entitled to a differenced version of those arms.

4. Matters relating to the adjudication of the ownership of arms in England are dealt with by HM High Court of Chivalry, which (I believe) last sat in 1954 when it heard the pleadings of Manchester Corporation v. Manchester Palace of Varieties . The Corporation won, and the Palace of Varieties was obliged to remove and cease and desist in the use of the arms of the plaintiff. Prior to 1954 the High Court of Chivalry last sat in 1732, which should give you some idea as to how often these matters come before the court in England!

[JerseyLawyer]

4. Matters relating to the adjudication of the ownership of arms in England are dealt with by HM High Court of Chivalry, which (I believe) last sat in 1954 when it heard the pleadings of Manchester Corporation v. Manchester Palace of Varieties . The Corporation won, and the Palace of Varieties was obliged to remove and cease and desist in the use of the arms of the plaintiff. Prior to 1954 the High Court of Chivalry last sat in 1732, which should give you some idea as to how often these matters come before the court in England!

There is quite the interesting discussion in the case of whether the Court of Chivalry should sit again without a statutory mandate. I don't believe the issue was definitively settled, but given their history, they may not take another case in our lifetimes.

[davidlpope]

Thanks for the fascinating links.


Among the signers is one armiger whose claim is described as "English grant olf 1768 to the signer and other descendants of his grandfather". In fact, I am a descendant of that same grandfather (though not of the signer) - along with several hundred living cousins. In additional fact, I have a ring bearing those arms, inherited from my great grandfather. Now that we are in the Heraldry forum, does this entitle me to bear those arms? My guess is that nothing in US law prohibits it, but my conviction is that dozens of others are more entitled.

Can we have a three minute explication of matriculation for Americans?

Lucky you! If you can trace your surname ancestry (supported by sufficient proofs) to an individual who was granted those arms you should be able to matriculate them, or be granted a variation of them (some traditions requiring differencing of the arms, where only the eldest son inherits the undifferenced arms). If they are "English" arms, they would have been granted by the College of Arms. Please see the link below for more info. One note, however, is that the COA makes honorary grants of arms, rather than substantive grants, to Americans. That and the fees charged are quite pricey.

http://www.college-of-arms.gov.uk/About/08.htm

David