Heraldic fraud may mean either to falsely claim the right to a coat of arms (or other component of heraldic display) for oneself, or to falsely assert that someone else has that right in order to sell heraldic art to them. Both can be seen as a kind of fraud and an infringement of intellectual property rights.
According to the law of arms in most heraldic jurisdictions, usage of a pre-existing coat of arms must be predicated on a specified form of family relationship. Typically, inheritance of arms flows through the male line, though in some jurisdictions it may under some circumstances flow through the female line as well. Many regions of the world have no official regulation of heraldic matters, so no distinction can be made between fraudulent and legitimate uses on the basis of legality.
The term "bucket shop" is sometimes used to refer to a company that will sell a coat of arms (often referred to by the misnomer "family crest") associated with the customer's surname, regardless of whether the customer can actually claim a relation to the original armiger. [1] [2] Bucket shops may work from a database of surnames and shields sourced from manuscripts, armorials, and various journals.[ citation needed ] A common indicator of "bucket shop" arms is the display of the surname within what should be the motto scroll.
At least one country has passed legislation to clamp down on "bucket shops". In South Africa, it has been an offence since 1980 to furnish someone with a so-called "family coat of arms" without first obtaining a certificate from the State Herald at the Bureau of Heraldry to confirm that the arms are authentic. Non-compliance can result in prosecution, the prescribed penalties being a fine and/or imprisonment. [3]
Heraldry is a discipline relating to the design, display and study of armorial bearings, as well as related disciplines, such as vexillology, together with the study of ceremony, rank and pedigree. Armory, the best-known branch of heraldry, concerns the design and transmission of the heraldic achievement. The achievement, or armorial bearings usually includes a coat of arms on a shield, helmet and crest, together with any accompanying devices, such as supporters, badges, heraldic banners and mottoes.
A coat of arms is a heraldic visual design on an escutcheon, surcoat, or tabard. The coat of arms on an escutcheon forms the central element of the full heraldic achievement, which in its whole consists of a shield, supporters, a crest, and a motto. A coat of arms is traditionally unique to the armiger. The term "coat of arms" itself, describing in modern times just the heraldic design, originates from the description of the entire medieval chainmail "surcoat" garment used in combat or preparation for the latter.
The Right Honourable the Lord Lyon King of Arms, the head of Lyon Court, is the most junior of the Great Officers of State in Scotland and is the Scottish official with responsibility for regulating heraldry in that country, issuing new grants of arms, and serving as the judge of the Court of the Lord Lyon, the oldest heraldic court in the world that is still in daily operation.
An abatement is a modification of a coat of arms, representing a less-than honorable augmentation, imposed by an heraldic authority or by royal decree for misconduct. The practice of inverting the entire escutcheon of an armiger found guilty of high treason has been attested since the Middle Ages and is generally accepted as reliable, and medieval heraldic sources cite at least one instance of removing an honourable charge from a coat of arms by royal decree as an abatement of honour. Other abatements of honour implied by the addition of dishonourable stains and charges, appearing in late 16th-century texts, have never been reliably attested in actual practice. Additionally, as many heraldic writers note, the use of arms is not compulsory, so armigers are more likely to relinquish a dishonored coat of arms than to advertise their dishonor.
False titles of nobility or royal title scams are claimed titles of social rank that have been fabricated or assumed by an individual or family without recognition by the authorities of a country in which titles of nobility exist or once existed. They have received an increasing amount of press attention, as more schemes that purport to confer or sell such honorifics are promoted on the internet. Concern about the use of titles which lack legal standing or a basis in tradition has prompted increased vigilance and denunciation, although under English common law a person may choose to be known by any name they see fit as long as it is not done to "commit fraud or evade an obligation".
In heraldry, cadency is any systematic way to distinguish arms displayed by descendants of the holder of a coat of arms when those family members have not been granted arms in their own right. Cadency is necessary in heraldic systems in which a given design may be owned by only one person at any time, generally the head of the senior line of a particular family.
In heraldry, an armiger is a person entitled to use a heraldic achievement either by hereditary right, grant, matriculation, or assumption of arms. Such a person is said to be armigerous; a family or a clan likewise.
In heraldry, an escutcheon is a shield that forms the main or focal element in an achievement of arms. The word can be used in two related senses. In the first sense, an escutcheon is the shield upon which a coat of arms is displayed. In the second sense, an escutcheon can itself be a charge within a coat of arms.
The Bureau of Heraldry is the South African heraldic authority, established in Pretoria on 1 June 1963. It is headed by a State Herald and its functions are to register arms, badges, flags and seals, to keep a public register, to issue registration certificates and, since 1980, to advise the government on heraldic matters. Together with the Heraldry Council, it forms part of the National Archives and Records Service, which is currently under the authority of the Minister of Sports, Arts and Culture.
The law of heraldic arms, sometimes simply laws of heraldry governs the possession, use or display of arms, called bearing of arms. That use includes the coats of arms, coat armour or armorial bearings. Originally with the sole function of enabling knights to identify each other on the battlefield, they soon acquired wider, more decorative uses. Today they are used by countries, public and private institutions or individuals. The first laws regarding arms were written by Bartolus de Saxoferrato and the officials who administer these matters today are called pursuivants, heralds, or kings of arms. The law of arms is part of the law in countries which regulate heraldry, although not part of common law in England and in countries whose laws derive from English law. In most European countries without monarchies, much like in the United States, there are no laws against assuming arms, with the closest legal authenticity mechanism being a pictorial copyright protection.
Heraldry in Scotland, while broadly similar to that practised in England and elsewhere in western Europe, has its own distinctive features. Its heraldic executive is separate from that of the rest of the United Kingdom.
The tradition and art of heraldry first appeared in Spain at about the beginning of the eleventh century AD and its origin was similar to other European countries: the need for knights and nobles to distinguish themselves from one another on the battlefield, in jousts and in tournaments. Knights wore armor from head to toe and were often in leadership positions, so it was essential to be able to identify them on the battlefield.
In heraldry and heraldic vexillology, a blazon is a formal description of a coat of arms, flag or similar emblem, from which the reader can reconstruct the appropriate image. The verb to blazon means to create such a description. The visual depiction of a coat of arms or flag has traditionally had considerable latitude in design, but a verbal blazon specifies the essentially distinctive elements. A coat of arms or flag is therefore primarily defined not by a picture but rather by the wording of its blazon. Blazon is also the specialized language in which a blazon is written, and, as a verb, the act of writing such a description. Blazonry is the art, craft or practice of creating a blazon. The language employed in blazonry has its own vocabulary, grammar and syntax, which becomes essential for comprehension when blazoning a complex coat of arms.
South African heraldry dates back to the 1650s, inheriting European heraldic traditions. Arms are borne by individuals, official bodies, local authorities, military units, and by a wide variety of organisations. South Africa has had its own heraldic authority since 1963, to provide armigers with legal protection, and to promote high standards of armorial practice.
Irish heraldry is the forms of heraldry, such as coats of arms, in Ireland. Since 1 April 1943 it is regulated in the Republic of Ireland by the Office of the Chief Herald of Ireland and in Northern Ireland by Norroy and Ulster King of Arms. Prior to that, heraldry on the whole island of Ireland was a function of the Ulster King of Arms, a crown office dating from 1552. Despite its name the Ulster King of Arms was based in Dublin.
Danish heraldry has its roots in medieval times when coats of arms first appeared in Europe. Danish heraldry is a branch of the German-Nordic heraldic tradition.
English heraldry is the form of coats of arms and other heraldic bearings and insignia used in England. It lies within the so-called Gallo-British tradition. Coats of arms in England are regulated and granted to individuals by the English kings of arms of the College of Arms. An individual's arms may also be borne 'by courtesy' by members of the holder's nuclear family, subject to a system of cadency marks, to differentiate those displays from the arms of the original holder. The English heraldic style is exemplified in the arms of British royalty, and is reflected in the civic arms of cities and towns, as well as the noble arms of individuals in England. Royal orders in England, such as the Order of the Garter, also maintain notable heraldic bearings.
In heraldic achievements, the helmet or helm is situated above the shield and bears the torse and crest. The style of helmet displayed varies according to rank and social status, and these styles developed over time, in step with the development of actual military helmets. In some traditions, especially German and Nordic heraldry, two or three helmets may be used in a single achievement of arms, each representing a fief to which the bearer has a right. For this reason, the helmets and crests in German and Nordic arms are considered essential to the coat of arms and are never separated from it.
The Court of the Lord Lyon, or Lyon Court, is a standing court of law, based in New Register House in Edinburgh, which regulates heraldry in Scotland. The Lyon Court maintains the register of grants of arms, known as the Public Register of All Arms and Bearings in Scotland, as well as records of genealogies.
Souvenir plots of land were first defined in section 4(1)(b) of the Land Registration (Scotland) Act 1979 as
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