IDTG

We’ve discussed the uniqueness of arms and what to do about dealing with duplication or usurpation of arms. Now, it’s time to address the question of how to get arms in the first place.

The assumption is that if you’re interested in this topic, you haven’t inherited arms through some ancestor (typically father). If you have, then perhaps you’ll be interested in a previous post on cadency.

If you’re still reading then you don’t currently have arms and would like to become armigerous. Let me start by saying that you don’t have to be a member of nobility to have arms. However, depending on where you live, you may have to jump through a few hoops to get them and it may cost you.

In countries where heraldry is tightly controlled, such as England, Scotland, Canada, Ireland and South Africa, one may apply to the local heraldic authority for a grant of arms. The beauty of this approach is that the obtained coat of arms is granted by a government authority, registered, guaranteed to be unique (in the jurisdiction) and finally come with Letters Patent. On the other hand, the downside is that these cost a substantial amount of time and may take up to 2 or 3 years from application to receipt of the Letters Patent. It should be noted that in some cases one can petition for arms at the heraldic authority of choice provided the appropriate criteria are met (usually descent from the country in question).

In the other countries, such as the United States, free assumption of arms is the norm. It can be as simple as putting together a shield and using it all the way to consulting with heraldic artists (amateur or professional) to come up with it. After creating the arms, it is highly recommended that they get registered with one or more of the many registries that exist.

Another service these registries offer is the creation of arms and part of the package is to register them as well as design them.

Heraldic authorities where one can petition for arms:

• England – College of Arms
• Scotland – Lyon Court
• Canada – Canadian Heraldic Authority
• Ireland – Office of the Chief Herald
• South Africa – South Africa Bureau of Heraldry

Online locations where one can request assistance for a new coat of arms:

• United Stated Heraldic Registry
• American College of Arms
• International Association of Amateur Heralds
• American Heraldry Society

So, you find out someone else has the same coat of arms as you. What can you do about it?

First of all, if that person or corporation is in a jurisdiction where you do not have a presence in (physical, financial, commercial, etc.) then you’re out of luck. As mentioned in a [previous post on unique arms], entities in different jurisdictions can have identical arms without having any relation to each other. Unless, of course, you have already registered your arms there.

In most cases, an armiger must prove that there has been damage caused by the use of the arms by another. A very much referred to case is that in France between the various pretenders to the, now defunct, throne of France. In 1987, Henri, comte de Paris, duc de France and the Orleanist pretender to the throne of France sued Louis-Alphonse (Louis XX), duc d’Anjou and the Legitimist pretender to the same throne for the alleged usurpation of the undifferenced arms of France. The move is believed to have been to secure the claims to the throne of one pretender over the other. Regardless of whatever supposed motivations of the suit, it was not proven to the court that any damages were incurred on the suing party (Henri) by the use of the same arms by the defendant (Louis). The court then dismissed the case without discussing its merits.

In other jurisdictions where there are specific laws regarding the use of heraldry, such as England and Scotland, there are legal avenues one can take to resolve a claim.

In England, one may address the Court of Chivalry presided by the Earl Marshal of England (hereditary title of the Duke of Norfolk). A point must be made that this court last convened in 1955 in the case of Manchester Corporation v Manchester Palace of Varieties Ltd [1955] 1 All ER 387 and it was the first time since 1732.

In Scotland, things are a significantly better than perhaps any other jurisdiction in the world. The Court of the Lord Lyon deals with all cases heraldic and is an integral part of the Scottish legal system convening regularly. Presided by the Lord Lyon, the Lyon Court has it’s own prosecutor and can bring charges against individuals or corporations violating the Scottish laws of heraldry. The most famous recent case was when the Lyon Court ordered a corporation owned by Donald Trump from displaying its coat of arms, in any form, in early 2008.