Precedents of Bruce Draconarius of Mistholme

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DIFFERENCE -- Names


It was the consensus of the meeting that this name [Catharini] does not conflict with ...Contarini; the two are aurally similar, but by my predecessor's "Auda/Ali test", they seemed to be clear. (Isabella Catharini, July, 1992, pg. 4)


[Wyvern Heyghts] If Heyghts is considered the designator (equivalent to House), then Wyvern is the substantive element here, and this is clear of Wyvernwood and Wyvern Cliff: their substantive elements are wood and Cliff, respectively. If Heyghts is not the designator (i.e. not transparent, but an integral part of the name), this is still clear, for changing the substantive element from Heights to wood or Cliff respectively. (Wyvern Heyghts (Elyramere of Tymbrelyne Heyghts), July, 1992, pg. 5)


[Aldberct the Smith] This did not conflict with the character of Alberich in Wagner's Ring Cycle; though he was a smith, he was never called so. He seems to have always been called Alberich the Dwarf or Alberich the Niebelung. (Aldberct the Smith, August, 1992, pg. 14)


[Sean O'Connor] This conflicts with John O'Connor, Archbishop of the Diocese of New York, who has gained national attention with his anti-abortion opinions. He is listed in general referernces ( Encyclopedia Americana, 1992 ed., vol.20, p.628), so he's important enough to protect. (See also the LoAR of Nov 88 [Shane O'Connor, pg. 17], where another submission was returned for the same conflict.) (Sean O'Connor, August, 1992, pg. 23)


[Egil's Nest] This conflicts with Eagle's Nest, a place among the Killarney Lakes in County Kerry, Ireland. It is cited in a general reference ( The New Century Cyclopedia of Names, vol.I, p.1379), so it's important enough to protect. (Egill von Stahl, August, 1992, pg. 27)


[Porsche Audi] This infringes on the Porsche-Audi division of Volkswagen of America, a registered corporation. Laurel took the most direct method of discovering this: he visited a local Porsche-Audi dealership. The conjunction of the names is distinctive and famous enough to warrant protection. [see also "Style -- Modern," pg. 50] (Porsche Audi, August, 1992, pg. 28)


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[House von Neunkirchen] This conflicts with the city of Neunkirchen, in the Saar region between France and Germany. By our standards, the city is important enough to protect: it's a center for the European iron industry, and appears in at least two general references ( The New Century Cyclopedia of Names, vol.III, p.2919; 1911 Encyclopedia Brittanica, vol.XIX, p.426). The fact that it is a "generically formed name" does not detract from its importance: Iceland is a generically formed name, too. Nor does the fact that several other towns share the same name reduce the importance of this one. Neunkirchen meets the criteria for protection under the Administrative Guidelines; this must therefore be returned. (Astrid Radulfsdottir, August, 1992, pg. 30)


[William of Lee] The name ...conflicts with William Lee, the inventor of the knitting machine ...The addition of the preposition of is worth no difference here. (William of Lee, August, 1992, pg. 31)


[House Snathadan Airgid] The household name does not conflict with the Order of the Silver Needle; per Rule V.4.b, translation is sufficient difference between names (except when pronunciation remains unchanged). (Diorbhail ni Ruaidhri, September, 1992, pg. 5)


[Marion of Sherebrooke] None of Laurel's staff had any difficulty distinguishing this name from Marian of Sherwood (Marion of Sherebrooke, September, 1992, pg. 34)


[Tempest Tower] If Tower is considered the household designator (and therefore transparent with respect to conflict), this conflicts with the Order of the Tempest ...Were we to add a designator (e.g. House Tempest Tower), so that Tower became the substantive element of the name, this would conflict with the Order of the Towers of Dreiburgen ...The designator is transparent; the addition of the branch name is worth no difference, per the ruling on the Golden Swan of Calontir; the only countable difference, under the current Rules, is the addition of the adjective Tempest --- which is insufficient, per Rule V.2. (David van den Storm, September, 1992, pg. 38)


[Christian Vicarius] Though each element in the name is reasonable in itself, the combination is too evocative of the title Vicar of Christ (Christis Vicarius), one of the titles of the Pope. (Christian Vicarius, September, 1992, pg. 44)


[House Shadowhawk] Under our current standards, the name conflicts with the Hawk Herald ...; the designator House/Herald being transparent, there is only the addition of an adjective, which is insufficient per Rule V.2. (House Shadowhawk (Elden the True), September, 1992, pg. 45)


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[Juan Sanchez Ramirez] The name infringes on that of Juan Sanchez Villalobos Ramirez, the immortal played by Sean Connery in the film Highlander and its sequel. (The name is unlikely to soon fade into obscurity, for two reasons. First, the Highlander films have spawned a TV series, keeping the name in the public eye for some time to come. Second, the character is played by Sean Connery, which evidently makes the character ipso facto memorable; there are people [like some of my female friends] who would drive a hundred miles to hear Sean Connery read the telephone directory.) (Juan Sanchez Ramirez, September, 1992, pg. 45)


[Maison des Animaux] The name is intrusively modern, strongly evoking the film Animal House (of which the name is an exact translation). Translation into another tongue can bring a name clear, per Rule V.4.b --- but only if the pronunciation is significantly altered. The difference between Animal and Animaux is too small to be considered significant; and the household designator (House, Maison) is transparent, and counts for no difference. As for the "fame" of the conflict, if a sizable fraction of the populace (of which the College of Arms may be considered a representative sample) recognizes Animal House as a movie title, it's probably necessary to protect it from conflict --- not so much for its own sake, as to keep the modern movie reference from intruding on our medieval re-creation. (Jacqueline de Lyons, September, 1992, pg. 49)


[Richenda] Using my predecessor's "Auda/Ali" test, this is clear of [Richard]. The two names have differently emphasized syllables, and Richenda does not seem to directly derive from Richard. (Richenda of Locksley, October, 1992, pg. 2)


[Order of the Swan and Escallop] This is clear of [Order of the Swan] Per Rule V.2, addition of the phrase "and the Escallop" brings it clear. A similar argument brings it clear of the [Order of the Escallop]. (Order of the Swan and Escallop (Barony of One Thousand Eyes), October, 1992, pg. 4)


[Warriors of the Chalice] Though similar in sound, this is clear of the Order of the Warlord's Chalice (Barony of Rising Waters, October, 1992, pg. 15)


[Compaignie Mercurie] The name is a technical infringement on the planet Mercury; according to the OED, it was spelled as Mercurie in period and was known to be a place. It's certainly famous enough to protect. We might have argued jesuitically that, per the Administrative Handbook (p.3), the College protects only "geographical locations" --- with emphasis on geo-, "earth". But that line of reasoning would seem to open the door for such submissions as House of Antares, and we have a long history of returning extra-terrestrial names ...while the name might be argued to conflict with the Roman god Mercury --- who, like the planet, meets the criteria for protection in the Handbook --- allusions to supernatural guardians were common enough to allow us to call it clear. That is, Compaignie Mercurie no more conflicts with the god Mercury than, say, the Company of St. Jude conflicts with St. Jude. (Brynjolfr Myrkjartansson, October, 1992, pg. 26)


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[Ard Thir] This conflicts with the Kingdom of An Tir (SCA). Per Rule V.2, the addition of the adjective ard "high" is not enough to bring it clear. Nor can the definite article an in An Tir be considered an adjective; even though the Kingdom name is never used without the article, it's still an article, not an adjective. (A similar example in modern English might be South Bronx vs. The Bronx.) [returned for this and one other conflict]. (Shire of Ard Thir, October, 1992, pg. 30)


[William the Blacksmith] This technically conflicts with William Smith, the English geologist (1769-1839). He is listed in several general references (Webster's Biographical Dictionary, p.1377), so he's important enough to protect. The addition of the modifier black is insufficient, per Rule V.2; and the presence or absence of a space between words doesn't seem significant here. If William the Black Smith would conflict, so must William the Blacksmith. (William the Blacksmith., December, 1992, pg. 19)


[Duncan MacLeod] The name [conflicts] with Duncan MacLeod, hero of the "Highlander" television series. We hated to have to consider the latter conflict, but a random sampling of local SCA folk showed the majority recognized the character. (Duncan MacLeod of Edinbane, December, 1992, pg. 19)


[James the Small] Possible conflict was cited against St. James the Less (St. James Minor). The saint is given the epithet to distinguish him from St. James the Greater; it appears to refer to either importance or age, but not to stature (Metford's Dictionary of Christian Lore and Legend, p.133). James Minor does not ever seem to have been called James the Small in English; this is therefore not an infringement, either in meaning or in sound. (James the Small, January, 1993, pg. 15)


When considering conflict against an historical figure, we must consider all the names by which the figure is known; the removal of the middle name is thus usually insufficient difference. John Kennedy, for instance, would definitely conflict with John Fitzgerald Kennedy; Thomas Edison, with Thomas Alva Edison; and so on. See the case of Patrick MacManus, LoAR of March 92, p.14. (William Hayes, January, 1993, pg. 32)


[L'Ordre du Papillon Argente d'Artemisie] Possible conflict was cited with the Papillon Pursuivant, registered to the Kingdom of the West. The original submission (Order of the Papillon of Artemisia) was returned Nov 90 for that conflict; the submitters have added the color. Many commenters felt that there was still a conflict: the designator (Pursuivant/Order of) is transparent, and explicitly worth no difference, per Rule V.4.d; and neither the addition of the adjective nor the branch name is sufficient difference.

The question is whether the combination --- the adjective and the branch name --- is sufficient difference. We've had conflicting precedents on this point: the Order of the Sable Thistle of Ansteorra was deemed clear of the Order of the Thistle on the LoAR of May 80, but the Order of the Golden Swan of Calontir was deemed to conflict with the Order of the Swan on the LoAR of June 88. Neither of those precedents, however, was made under the current Rules.

Under current precedent, the combination of the adjective and the branch name is sufficient difference. This was ruled in the case of the Order of the Sable Lion of Caerthe (LoAR of Aug 90), which was deemed clear of the Lyon King of Arms. We might be moved to make an exception to this policy in extreme cases (e.g. the Order of the Noble Chivalry of the West, or some such thing), but in general it seems a reasonable policy to maintain. (l'Ordre du Papillon Argente d'Artemisie (Principality of Artemisia), May, 1993, pg. 2)


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[Order of the Radiant Rose of Atenveldt] The name conflicts with the SCA's Order of the Rose. Our general policy is that the addition of an adjective plus the territorial branch name is sufficient difference between names --- that is, a hypothetical Order of the White Star of the Middle would not conflict with France's Order of the Star. But we make an exception for the SCA Orders of Peerage, due to their universal application and importance within the Society. We suggest choosing some other noun for the order's name. (Order of the Radiant Rose of Atenveldt (Kingdom of Atenveldt), May, 1993, pg. 14)


[Wilhelm von Regensburg] Regensburg being the capital of the Upper Palatinate of Bavaria, the LOI questioned whether the name conflicted with those Dukes of Bavaria named Wilhelm. However, the Dukes in question never seemed to have been called of Regensburg; the name no more conflicts with the Dukes of Bavaria than John of London would conflict with King John (whose capital was London). (Wilhelm von Regensburg, June, 1993, pg. 3)


Rule V.4.b permits us to consider Elizabeth to be significantly different from Elspeth: the number of syllables, and their emphasis, have greatly changed. (Elizabeth de Westwood, July, 1993, pg. 2)


[Margery of Kent] The name does not conflict with the English mystic Margery Kempe (d.1440); the change in final consonants is (ahem) pronounced. (Margery of Kent, August, 1993, pg. 3)


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John is not the same name as Jonathan, nor its diminutive [therefore they do not conflict with each other]. (Jonathan ap Morgan, September, 1993, pg. 3)


This submission raised the question of how much difference is needed between the SCA and mundane names. In the LoA&R of November 1992, I returned us to our previous standard of non-identity: "The minimum change (the one regarded as a loophole by liberals and conservatives alike) is probably the addition or deletion of a single syllable (e.g. John Smith to John the Smith)." [LoA&R of April 1985]. Any changes smaller than a single syllable may not be sufficient; they must be argued case by case.

In this case, the submitter's mundane name (Valerie La Rue) was too close to the name she submitted (Valerie Le Roux). The fact that the bynames had different derivations and spellings was irrelevant; their pronunciation was nearly identical. Even under our new relaxed standards, there was not enough separation between the mundane name and SCA persona. Fortunately (!), the submitted byname was also grammatically incorrect: it used the masculine form of the adjective. The feminine equivalent is la Rousse and this is sufficiently different from La Rue to be acceptable in this case. (Valerie la Rousse, September, 1993, pg. 16)


This client's original submission ...was made in the Middle Kingdom in 1976. The name was rejected by Laurel in August 1979 for being too close to the Virgin Mary. Current evidence indicates that this decision was in error. While mildness was an attribute ascribed to the Virgin Mary (see the OED for citations under mild), so were most of the other virtues. Nowhere in A Dictionary of Mary by Donald Attwater (P.J. Kenedy & Sons, New York, 1956), including in the entry "Titles of Mary", is this particular formation found. The Mild doesn't seem to have been one of her formal titles (such as the Virgin or Queen of Heaven), nor was it so intimately associated with Mary (as would be the Immaculate or the Sorrowful) that the usage must of necessity refer to her. (Mary the Mild, September, 1993, pg. 17)


Iain MacArthur is clear of John MacArthur ... since Iain and John are different enough in sound to bring this clear, per Rule V.4. (Iain MacArthur, October, 1993, pg. 4)


[Ian MacLochlainn] This does not conflict with the TV commentator John MacLoughlin. The translation of John to Ian changes the pronunciation enough to bring this clear per Rule V.4.b. (John and Sean, on the other hand, still sound too similar.) (Ian MacLochlainn, October, 1993, pg. 7)

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