Precedents of Bruce Draconarius of Mistholme

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PRETENSE or PRESUMPTION


This was submitted as Anne Marie Constable of Kilbirnie. Such a form is tantamount to claiming a rank and title --- potentially a fairly high rank, considering that the Constable of England ranked with the Earl Marshall. We have deleted the problematic element of the name. (Anne Marie of Kilbirnie, August, 1992, pg. 7)


Perhaps I'm paranoid, but MacQueen seems to fall into the same category as FitzEmpress: doubtless a documented name, but one that claims royal rank to the average yeoman-on-the-road [the name was registered with the Gaelic spelling (MacShuibne)] (Brenainn MacShuibne, August, 1992, pg. 14)


[Thora + lightning bolt] Hitherto, the combination of a lightning bolt with a name derived from Thor has been considered an excessive reference to the Norse god. (The list of Prohibited Name/Charge Combinations is found in the 1986 Glossary of Terms, and is still in force.) The rationale has been to avoid, not presumption, but the appearance of a claim of magical power or non-human descent. The need was fairly great when the rule was promulgated, a decade ago; the College had to actively discourage submissions from demi-gods, elves, and wizards. Even today, we get the occasional non-human epithet (e.g. Stormrkartr).

On the other hand, the tenor of the Society has grown more authenticist and less fantasist over the last ten years. And as Lord Dragon notes, "Reference isn't presumption": for instance, submitters named Catharine are permitted, even encouraged, to use Catharine's wheels in their armory.

There are still enough submitters Unclear On The Concept to warrant returning excessive fantasy references, or appearances of magical or non-mortal claims. But the key word is excessive: I think we can henceforth relax our standards a bit. For those names that are well documented as period human names, that also happen to be the names of gods, one armorial allusion to the god will no longer be considered excessive. (Thora of Thescorre, August, 1992, pg. 17)


[Stormrkartr] The byname is incorrectly formed: in combination, stormr loses its final R. Even were it correctly formed, it wouldn't mean what the submitter claims: stormkartr means "storm cart", not "storm bringer". Finally, even if the name meant "storm bringer", it would be a claim to superhuman powers, forbidden under Rule VI.2. (Knutr Stormrkartr, August, 1992, pg. 24)


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Except in rare instances (Regina being the prime example), we don't care about the putative meanings of given names, so long as they're correctly formed period names. Ælfmæg [meaning effectively "elf-kin"] seems to be such a name, and is thus acceptable. (Ælfmæg McKuenn, September, 1992, pg. 1)


[On a targe Or, a Celtic cross] In precedents dating back to June 86, it has been ruled that, in a fieldless badge, a charge commonly used for armorial display (e.g. an escutcheon, a delf, a lozenge, etc.) should not itself be charged. That includes roundles, and most particularly targes (a shield by any other name).

Moreover, considering this as a display, on a round shield, of [Or, a Celtic cross], this would conflict with [Or, a Celtic cross, overall a <charge>]. There would be a single CD, for deleting the overall charge. (Kieran ó Chonnacht, September, 1992, pg. 40)


The billet is one of the charges used for armorial display, and thus (per Rule XI.4) may not be charged with more than one tertiary. This is especially true for fieldless badges, where such charged billets look like displays of independent armory. (See also the LoAR of 8 June 86, p.7.) (Tostig Logiosophia, September, 1992, pg. 42)


[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)


[Juan Sanchez Ramirez] [The name] infringes on Sancho I Ramirez, King of Aragon in 1063 and of Navarre in 1066 (Louda & Maclagan, Heraldry of the Royal Families of Europe, table 45). Sanchez is the patronymic form of Sancho (being the genitive case; it means literally "of Sancho"), so the name is a claim of descent, prohibited under Rule V.5. (Juan Sanchez Ramirez, September, 1992, pg. 45)


The sennachie, or seanchaidhe, were more than simply historians; they studied and told the old tales and legends, and were the keepers of genealogy and tradition in Ireland and the Scottish highlands. The sennachie became a semi-hereditary class, similar to bards; and it's worth noting that the office of the High Sennachie was the precursor to the Lyon King of Arms. As such, seanchaidhe is a title and rank, not merely the Irish for "historian"; it may not be registered as a household name. (Seonaid of Nairn, September, 1992, pg. 46)


Baatour is a Mongolian title analogous to "knight;" in the variant spelling Bahadur, it has been reserved as a Society title, for use by Mongol-persona Knights, on the LoAR cover letter of 13 Sept 89. As such, it may not be registered in a name. (Timur Baatour Khitai, September, 1992, pg. 47)


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[Styphan ap Owain] This infringes on the name of Morgan ap Styphan ap Owain, registered earlier on this LoAR. Rule V.5 forbids any name that claims a close relationship to a specific individual; this name claims such a relationship (as Morgan's father). The fact that the submitter undoubtedly is Morgan's father does not permit him to make the claim without permission --- any more than Paul of Bellatrix's son could register his arms, even differenced, without permission. We need a letter of permission from Morgan before we can register this name. (Steven of Mountain's Gate, September, 1992, pg. 53)


[Sara Annchen Baumeister] Until such time as the Board of Directors releases the title Master for use by the populace, it must be considered a title of peerage in the Society; we will not register any name that claims to be a "Master [anything]". In the case of the Master Bowmen of the East (LoAR of July 90), it was ruled: "We cannot, in good conscience, register a title reserved by Corpora to peers to any non-peerage group, no matter in what form they propose to use it." The same argument applies to individuals. (Sara Annchen Baumeister, October, 1992, pg. 24)


[Rhiannon de Licorne] "It is a long-standing policy that the name Rhiannon may not be coupled with horses or unicorns, in view of Rhiannon's function as a horse goddess." [AmCoE, 27 Sept 86] (Rhiannon de Licorne of Carreg Cennen, October, 1992, pg. 27)


Eriu is both the name of a country (Ireland) and a goddess. We cannot register this without more definite evidence that this name was used by humans in period. (Eriu Morgana Nic Dhubhghlaise Crawford, October, 1992, pg. 29)


[Ty Oeniga'u Buddug, stated to mean "Boudicca's little lambs"] The name claims relationship to a specific historical figure, Boadicea, which is forbidden per Rule V.5. This is no more registerable than Torquemada's Personal Guard or Richard Lionheart's Drinking Buddies. (Tanarian Brenaur ferch Owain fab Bran, October, 1992, pg. 33)


[Brendan Hay, with Argent, two rapiers in saltire sable between three escutcheons gules, a bordure sable] The arms of Hay, Earls of Erroll, are Argent, three escutcheons gules; the armories of all the cadet branches of Hay include the three escutcheons, suitably differenced. (In some cases, the cadet difference is the addition of a primary charge --- which we'd consider Sufficient Difference between strangers in blood.) The use of the surname Hay with a device obviously based on Hay's caused some concern among the commenters; but even stipulating that the submitter's additions were Scots cadet differences, there are at least two CDs between this submission and any Hay variant we could discover. Any relationship so denoted is therefore distant, at best --- exactly why we insist on two cadency differences in the Rules. (Brendan Hay, December, 1992, pg. 2)


Embattling the delf reduces its appearance as a medium for heraldic display -- just as a roundel indented (visually equivalent to a sun) no longer appears to be a medium for heraldic display. (Sabel Saer ferch Maredudd ap Rhosier, December, 1992, pg. 10)


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The use of the white rose of York with the byname of York has been disallowed since the LoAR of 11 Nov 77; it is currently found as one of our prohibited name/charge combinations. (Christopher of York, December, 1992, pg. 17)


[Scholemaystre] Master is a reserved title in the SCA, and may not be registered as part of a Society name. The policy was most recently reaffirmed Oct 92, in the submission of Sara Annchen Baumeister. (Raffe Scholemaystre, December, 1992, pg. 20)


[Norrey Acadamie of Armorie] The name ...had been previously returned in 1984 and 1989: the name for presumption and conflict with the Norroy King of Arms ...The submitter has provided a letter from J.P. Brooke-Little, current Norroy & Ulster King of Arms, granting permission to use the title. ...Stipulating, for the sake of argument, that Mr. Brooke-Little has the authority to grant permission, his letter still doesn't remove the problem of presumption --- which lies solely in the axioms of our historical re-creation, and is unaffected by permission. To borrow Lady Harpy's analogy, even if the Queen of England wrote a letter permitting someone to use Elizabeth of England, we wouldn't permit it, because the name is inconsistent with our rules against claiming unearned honors. (And to extend the analogy, even with such a letter, there'd still be a conflict --- not with the current Elizabeth of England, but with the one in period. Mr. Brooke-Little's permission does not automatically prevent infringement against the previous holders of the title Norroy.) ...The LOI alluded to the submitter's heraldic rank and work in heraldic education. These are laudable, but not relevant to the problems of this [submission]. The appearance of a claim of official status in the SCA College of Arms would remain, whether the submitter were a herald or not; this is, after all, a personal [name and] badge for a household, with no official sanction. The infringement on the title of Norroy remains. (Norrey Acadamie of Armorie (Taliesynne Nycheymwrh yr Anyghyfannedd), December, 1992, pg. 21)


[Norrey Acadamie of Armorie with Two straight trumpets in saltire, surmounted by another palewise, the whole ensigned of a fleur-de-lys Nourrie between two lions combattant] The name and badge had been previously returned in 1984 and 1989: the name for presumption and conflict with the Norroy King of Arms, the badge for complexity and infringement on the badge of the SCA College of Arms, and the combination of the two for appearing (by the use of elements from the English and SCA Colleges, the title and arms of Norroy, and the title of a classic heraldic text) to claim an official status unsuitable for a private household. ... The appeal did not address the problem of the use of elements from the armory of Norroy and the English College of Arms. In conjunction with the name and the trumpets, those elements highlight the problem of presumption; but they are not, in and of themselves, objectionable. Under a different household name, and in a badge without the crossed trumpets, they would likely be acceptable.

Finally, the LOI alluded to the submitter's heraldic rank and work in heraldic education. These are laudable, but not relevant to the problems of this badge. The appearance of a claim of official status in the SCA College of Arms would remain, whether the submitter were a herald or not; this is, after all, a personal badge for a household, with no official sanction. The infringement on the title of Norroy remains. Complex badges remain complex, despite the submitter's rank.

Three separate Laurel Sovereigns of Arms, over the span of a decade, have deemed this name and badge unacceptable. The submitter is hereby formally enjoined from their further use. If he resubmits with a less exalted household name, and a redesigned badge, he should have no stylistic problems. [For a discussion on the other problems with the name and badge, see CHARGE -- Restricted and Reserved, STYLE -- Simplicity, and the name discussion in PRETENSE or PRESUMPTION] (Norrey Acadamie of Armorie (Taliesynne Nycheymwrh yr Anyghyfannedd), December, 1992, pg. 21)


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If An amphora argent charged with a fleur-de-lys gules doesn't infringe on the arms of the city of Florence, then the current submission [On an amphora azure, a crux stellata argent] cannot infringe on the flag of the Eureka Stockade rebellion [Azure, a crux stellata argent]. [For the full discussion, see under CROSS] (Southkeep Brewers and Vintners Guild (Shire of Southkeep), December, 1992, pg. 23)


[Eric the Dane] It has been established (v. Wladislaw Poleski) that bynames of the form the [nationality] are not presumptuous, even when combined with the given name of the nation's ruler. Eric of Denmark would infringe on the rulers of Denmark named Eric; Eric the Dane does not. (Eric the Dane, January, 1993, pg. 11)


The Society considers the use of a clan name (Guinne, Gunn) with the seat of the clan (Kilernan) to be presumptuous; the only examples we've found of such usage are by clan chiefs and their immediate families. (Sine Guinne of Kilernan, January, 1993, pg. 24)


[Owen FitzRobert DeClare] This submission claims relationship with Robert de Clare (d.1134), 1st Earl of Clare, founder of the baronial house of FitzWalter and steward to King Henry I. The figure is found in general biographical references (e.g. Webster's New Biographical Dictionary, p.212), and therefore is worthy of protection. This must be returned, per Rule V.5. (Owen FitzRobert DeClare, January, 1993, pg. 31)


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Lord Obelisk has noted a Laurel precedent (v. Duncan Forbes of Crathes, LoAR of Nov 90) that disallowed any use of a Scots surname with a Scots toponymic, as it "implies landedness in possession of a feudal barony." I suspect this was not intended to be a permanent change in our policy, which hitherto had disallowed the use of a Scots clan surname with the seat of the clan. Certainly, in the months following the above ruling, we registered Duncan MacFergus of Kintyre (Dec 90, p.7), John MacRobert of Grandloch (Feb 91, p.6), Fergus MacKillop of Skye (April 91, p.5), Gareth MacGunther of Gordon (April 91, p.8), etc. I believe that, in practice if not explicitly, the Nov 90 precedent has been overturned ...We will continue to prohibit the use of a Scots clan name with the seat or territory of that clan (e.g. Cameron of Lochiel), or a surname with the phrase of that Ilk (or its functional equivalent, e.g Macintosh of Macintosh). That usage, with or without the given name, is the title of the actual chief of the clan or his immediate kin; its use in the SCA represents a direct infringement on actual nobility, and also appears to be a claim to rank, either of which is grounds for return. But by and large, the use of a Scots surname with a Scots placename is acceptable for SCA use [for full discussion, see under NAMES -- Scottish]. (Alexander MacIntosh of Islay, March, 1993, pp. 7-8)

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[Falkemeister] Meister (master) is a reserved title in the SCA, and may not be registered --- either alone, or in combination. (David Falkemeister, March, 1993, pg. 19)


Fionnula, in Irish legend, was one of the children of Lir who was transformed into a swan. However, as the name was much used by humans in late period, the combination of Fionnula with a swan is not an excessive reference to the legend; see the LoAR of Aug 92, p.17. (Deirdre ni Fhionnula, May, 1993, pg. 4)


The name was submitted as Elisheva bas Yehudah Arye ha Cohen. Yehudah and Arye are Hebrew given names; they are also nouns meaning "land of Judah" and "lion". There was concern among the commenters that Yehudah Arye might be a title ("the Lion of Judah"), and the name a claim of relationship. "Lion of Judah" was used as a title by the Emperor of Ethiopia, in the 20th Century; it was also applied to Christ (Revelations 5:5).

As it turns out, Yehudah Arye does not mean "Lion of Judah". According to Lady Triton, the word order in Hebrew determines the meaning of a phrase. "Lion of Judah" would thus be Aryeh (shel) Yehudah. The submitted name is therefore not a claim of relationship to a titled individual [Arye dropped to avoid claim of relationship with Yehudah Aryeh ha Cohen (1571-1648)] (Elisheva bas Yehudah ha Cohen, May, 1993, pg. 7)


[De Albuquerque] This is the name of the House of Albuquerque, descended from Sancho de Albuquerque, bastard son of Alphonso XI of Castile. The house may have taken its name from the town of Alburquerque (with two Rs), but the spellings diverged almost immediately. (1911 E.Brit., vol.I, p.516; Louda & Maclagan, table 48) Thus de Albuquerque is not analogous to the English of York; its sole period use was as the surname of a noble house. (Albuquerque, NM, was founded in the early 18th Century; it was named after a Duke of Albuquerque, who was Viceroy of Mexico at the time.) It's not often that a single letter can make the difference between presumption and non-presumption, but that appears to be the case here [name registered as de Alburquerque] (Juana de Alburquerque, May, 1993, pp. 10-11)


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"It has previously been determined that, as far as the College of Arms is concerned, the names of the clans with an hereditary claim to the shogunate of Japan are equivalent to the surnames of royal families in Europe, and so may not be registered. I agree with this decision, and am upholding it. Tokugawa may not be used." [BoE, 18 May 86] I agree with this decision, and am upholding it. Tokugawa may not be used. (Tokugawa Basha, May, 1993, pg. 16)


[Dyana Greenwood, Argent, on a tree proper issuant from a base purpure, a decrescent argent] The submission has two problems, each sufficient for return. The first is conflict ...The second is excessive reference to Diana, the Roman goddess of the moon and forest. We've ruled (LoAR of 23 Aug 92) that a deity name used by period humans may add a single additional reference to that deity. The use of Greenwood, the tree and the crescent each constitutes an allusion to the goddess Diana; we find the combination excessive. We've registered the name, but any device resubmission should avoid any references to the goddess Diana. (Dyana Greenwood, May, 1993, pg. 17)


[Osnath Rachel bat Eleazar ha-Levi] This infringes on the registered name of Eleazar ha-Levi: it claims a specific relationship, disallowed per Rule V.5. The fact that Eleazar ha-Levi is the submitter's father does not permit her to make the claim without his permission --- any more than she could register his arms with a label, without permission. We need a letter of permission before we can register the name. (Osnath Rachel bat Eleazar ha-Levi, May, 1993, pg. 18)


The charges considered media for heraldic display --- the delf, lozenge, cartouche, etc. --- when used in a fieldless badge may not be charged. This ruling has been in force since 1986, and is itself reason enough for return. (Order of the Stella Rubra (Kingdom of Meridies), July, 1993, pg. 14)


[Lucius Thayne] A thane (or thegn) was a free retainer in pre-Conquest England, and in Scotland up to the 15th Century; the term denotes a member of territorial nobility corresponding to the Norman baron or knight. The title was one step below the eorl, and might be either earned or inherited. In the SCA, the term is used as the Old English equivalent of "baron", and is therefore reserved. Old English usage puts the title after the name: Ælfred cyning, Leofric eorl, Lyfing arcebisceop. The submitted name is thus exactly in the form that would have been used by a period thane. That fact, along with the Society use of the title, and its hereditary nature in period, outweighs the documented use of Thane, Thaine as a surname later in period. It must therefore be returned as presumptuous. (OED, under the entries for earl, king and thane; '93 E.Brit., vol.11, p.672; Reaney DBS II, pp.112, 345). (Lucius Thayne, July, 1993, pg. 15)


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[Aoife ni Aodhagain with Chevronelly azure and argent, a serpent glissant palewise gules holding in its mouth an apple slipped and leaved vert] It has been ruled acceptable (Thora of Thescorre, LoAR of Aug 92) to have a single armorial allusion to a deity name that's also a documented period given name. It's reasonable to extend the policy, in this case, to the Biblical name Eve (often used as an anglicization of Aoífe). The allusion here is mild, and acceptable. (Aoífe ní Aodhagáin, August, 1993, pg. 6)


[Clemence d'Avignon] The anti-popes of Avignon do not seem to have exercised the same secular authority there that their Roman counterparts did in the Vatican; and the legitimate Popes who made Avignon their seat did so as the guests of the Counts of Provence. (1911 E.Brit., vol.iii, p.64, and vol.xx, pp.702-704) The name thus does not conflict with those Popes in Avignon (real and anti-) named Clement. (Cala of Savatthi, August, 1993, pg. 11)


[Myrrddin mab y Ddrraig Goch] The name has a minor spelling problem: neither Myrddin nor ddraig should use the double-R. Far more troublesome was the allusion to the sorcerer Merlin, of Arthurian legend. The submitted name translates as "Merlin, son of the Red Dragon". Depending on the version of the legend one prefers, Merlin was either the son of Satan (whose symbol, according to Revelations 12:9, was a dragon), or the son of Aurelius, High King of Britain (whose symbol, as betokened by the title Pendragon, was a dragon). The fact that the Red Dragon is the badge of Wales, often supposed to be the source of the Merlin legend, only strengthens the allusion. The submitted name is simply too strongly suggestive of Merlin the enchanter, and must be returned for that reason. (Myrrddin mab y Ddrraig Goch, August, 1993, pg. 16)


...the combination of a clan name with the seat or territory of the clan is the prerogative of the chief of the clan, and is thus disallowed in the Society. (Magdalene Katherine MacDonald of Sleat, August, 1993, pg. 17)


[A roundel charged with five rays issuant from base throughout] While it is true that roundels may be charged with rayed objects in the SCA, those rayed objects are not normally issuant from the inner edge of a roundel. To have charges issuant from the edge of a roundel is to give the roundel the appearance of an inescutcheon of pretense. This appearance is heightened by the use of five tertiaries on the roundel. This is therefore returned for appearance of marshalling. (Alberic Kentigern, October, 1993, pg. 17)

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