On Tuesday, October 9, 2018 at 8:44:51 AM UTC-5, Peter Howarth wrote:
I beg to differ.
no need to beg, Americans respect the right of people to have a different opinion.
As eldest son and heraldic head of my family, I am entitled to allow my younger brother to bear my coat of arms without difference if I want to. I may decide how they should be used.
And if you did, without insisting on a cadency mark, you would be example number two, as McCartney was example number one, above.
As a matter of interest, one of the earliest grants of arms by a herald, one by Roger Leigh, Clarenceux, was made in 1440 to the grantee himself, his heirs, “and his assigns” (Wagner, ‘Heralds and Heraldry’ (1956) p 74).
and that would possibly be example number three. (thank you for that, btw, I was unaware of the Clarenceux example and found it interesting.) Another example of an armigerous family refusing to insist on cadency marks is found on
http://powys.org/
Heraldry/family_arms.html making example number four.
But I’m not sure how I would defend them -- perhaps under the common law tort of passing off, even if the Court of Chivalry has fallen into desuetude.
That would be an interesting case, which many would like to see. I would actually wish you success in such an endeavor. Interestingly, McCartney might would have more legal rights, and ability to enforce them, because of the protections he has in his
region of the US. Ironic, and interesting.
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