dr.h.roth;74580 wrote:
In heraldry, we often assume that the only ‘proper’ system is the English or Scottish system of heraldry, where Arms always (with exeptions) go down to the eldest surviving son. If your first son had a son, he would be next in line.
Keep in mind, this is not true for all countries. In the US, there are no laws regarding inheritance of arms. You actually could designate all of your sons (or children) to inherit your arms. In Germany, all of the children have a right to the arms, as long as they have the same last name as the original armiger. The same can be said for Spain and other countries. Oftentimes, descent of arms is specified in the original patent.
The same is also true in England, for all the blather that’s been spouted about "one man, one arms."
Here are Woodcock and Robinson, in the Oxford Guide to Heraldry, p. 67, describing English practice: “Cadency marks tend to be used as a matter of courtesy today rather than as a rule. There seems to be no more recent statement on the law of arms relating to cadency than that of Sir Edward Coke, who wrote in his Commentary upon Littleton (1628): ‘Gentry and Armes is of the nature of Gavelkind; for they descend to all the sonnes, every sonne being a gentleman alike. Which gentry and armes do not descend to all the brethren alone, but to all their posterity. But yet jure primogeniturae, the eldest shall beare as a badge of his birthright, his father’s armes without any differences for that as Littleton saith, sectione 5 he is more worthy of blood but all the younger brethren shall give several differences.’” (Note that Thomas Woodcock has been announced as the next Garter King of Arms.)
Even Fox-Davies, writing in the early 20th century acknowledged that “The use of these difference marks is optional. [his italics] Neither officially nor unofficially is any attempt made to enforce their use in England—they are left to the pleasure and discretion of the bearers.”
And Garter Gwynn-Jones shocked the members of the Heraldry Society in the last year or so when he was quoted in the Heraldry Gazette as expressing dislike for cadency marks and opposing their use except when unusual circumstances make them desirable.
dschweitzer156;74579 wrote:
I have a question. What is the "rule" about inheriting ones arms?
Please explore the areas of the AHS website other than the forum and you will find our AHS Guidelines for Heraldic Practice (at http://americanheraldry.org/pages/index.php?n=Guide.Guidelines). Section 3.4 addresses inheritance and section 3.5 addresses differencing for cadency.
Thank you all and sorry.
I should have looked this up before I posted. One learns something every day. As and "old dog" I can still learn new tricks.
Dave
"When in doubt do nothing" These words hold good for every eventuality in life! Why change the arms in a heat of rage, or sorrow? Changing them will only make things worse in the short term. Family squabbles are many, keep things as they are for now. Look again in 12 months time. Things may get better.
Regards .................. Peter
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