3. Robinson, because Smith, which brought in Jones and Robinson, has been

omitted, and there was never a match between Brown and Jones. Quarterings signifying nothing beyond mere representation are not compulsory, and their use or disuse is quite optional. So much for the general rules of quartering. Let us now consider certain cases which require rules to themselves. It is possible for a daughter to be the sole heir or coheir of her mother whilst not being the heir of her father, as in the following imaginary pedigree:-- _1st wife_ (an heiress). _2nd wife._ MARY CONYERS=JOHN DARCY=MARGARET FAUCONBERG. | | ------------- -------------- | | | JOAN (only daughter), THOMAS. HENRY. heir of her mother but not of her father. {550} In this case Joan is not the heir of her father, inasmuch as he has sons Thomas and Henry, but she is the heir of her mother and the only issue capable of inheriting and transmitting the Conyers arms and quarterings. Joan is heir of her mother but not of her father. The husband of Joan can either impale the arms of Darcy as having married a daughter of John Darcy, or he can place upon an escutcheon of pretence arms to indicate that he has married the heiress of Conyers. But it would be quite incorrect for him to simply place Conyers in pretence, because he has not married a Miss Conyers. What he must do is to charge the arms of Conyers with a dexter canton of the arms of Darcy and place this upon his escutcheon of pretence.[30] The children will quarter the arms of Conyers with the canton of Darcy and inherit likewise all the quarterings to which Mary Conyers succeeded, but the Conyers arms must be always thereafter charged with the arms of Darcy on a canton, and no right accrues to the Darcy quarterings. The following curious, but quite genuine case, which was pointed out to me by the late Ulster King of Arms, presents a set of circumstances absolutely unique, and it still remains to be decided what is the correct method to adopt:-- _1st wife._ _2nd wife._ Lady MARY, dau. and = WILLIAM ST. LAWRENCE, = MARGARET, dau. of coheir of Thomas | 2nd Earl of Howth. | William Burke. Bermingham, Earl | | of Louth. Married | | 1777, died 1793. | ---------------------- | | | | THOMAS ST. LAWRENCE, | ----------------------- 3rd Earl of Howth. | | | | | Other issue. | Three other daughters | and coheirs of their | mother. | Lady ISABELLA ST. LAWRENCE, = WILLIAM RICHARD ANNESLEY, = PRISCILLA, 2nd dau. and coheir of her | 3rd Earl of Annesley. | 2nd dau. of mother, but not heir of her | | Hugh Moore. father, therefore entitled | | to transmit the arms of | | Bermingham with those of | ------------------- St. Lawrence on a canton. | | | First wife of Earl | WILLIAM, 4th Earl HUGH, 5th Earl Annesley. Married 1803, | of Annesley. of Annesley. died 1827. | ------------ | Lady MARY ANNESLEY, only child and = WILLIAM JOHN McGUIRE sole heir of her mother and of Rostrevor. coheir of her grandmother, but not heir of her father or of her grandfather. She is therefore entitled to transmit the arms of Bermingham with St. Lawrence on a canton plus Annesley on a canton. Married 1828. How the arms of Bermingham are to be charged with both St. Lawrence and Annesley remains to be seen. I believe Ulster favoured {551} two separate cantons, dexter and sinister respectively, but the point did not come before him officially, and I know of no official decision which affords a precedent. The reverse of the foregoing affords another curious point when a woman is the heir of her father but not the heir of her mother:-- JOHN SMITH=MARY JONES. | _1st husband._ | _2nd husband._ JOHN WILLIAMS = ETHEL SMITH, = HENRY ROBERTS. | only child | | and heir. | ------------------- ------- | | ALICE WILLIAMS, = ARTHUR ELLIS. EDWARD ROBERTS, only child and | heir of his mother. heir of John | | Williams. | Issue. | THEODORE ELLIS, who claims to quarter: 1 and 4, Ellis; 2. Williams; 3. Smith. It is officially admitted (see the introduction to Burke's "General Armory") that the claim is accurately made. The process of reasoning is probably thus. John Williams places upon an escutcheon of pretence the arms of Smith, and Alice Williams succeeds in her own right to the arms of her mother because the latter was an heiress, and for herself is entitled to bear, as would a son, the arms of the two parents quarterly; and having so inherited, Alice Williams being herself an heiress, is entitled to transmit. At any rate Arthur Ellis is entitled to impale or place upon his escutcheon of pretence Williams and Smith quarterly. To admit the right for the descendants to quarter the arms Arthur Ellis so bore is no more than a logical progression, but the eventual result appears faulty, because we find Theodore Ellis quartering the arms of Smith, whilst the representation of Smith is in the line of Edward Roberts. This curious set of circumstances, however, is rare in the extreme. It frequently happens, in devising a scheme of quarterings, that a person may represent heiresses of several families entitled to bear arms, but to whom the pedigree must be traced through an heiress of another family which did not possess arms. Consequently any claim to quarterings inherited through the non-armorial heiress is dormant, and the quarterings must not be used or inserted in any scheme drawn up. It is always permissible, however, to petition for arms to be granted to be borne for that non-armorial family for the purpose of introducing the quarterings in question, and such a grant having been made, the dormant claim then becomes operative and the new coat is introduced, followed by the dormant quartering in precisely the same manner as would have been the case if the arms granted had always existed. Grants of this character are constantly being obtained. {552} When a Royal Licence to assume or change name and arms is granted it very considerably affects the question of quartering, and many varying circumstances attending these Royal Licences make the matter somewhat intricate. If the Royal Licence is to assume a name and arms in lieu of those previously used, this means that for everyday use the arms are _changed_, the right to the old arms lapsing except for the purpose of a scheme of quarterings. The new coat of arms under the terms of the Royal Licence, which requires it first "to be exemplified in our Royal College of Arms, otherwise this our Royal Licence to be void and of none effect," is always so exemplified, this exemplification being from the legal point of view equivalent to a new grant of the arms to the person assuming them. The terms of the Royal Licence have always carefully to be borne in mind, particularly in the matter of remainder, because sometimes these exemplifications are for a limited period or intended to devolve with specified property, and a Royal Licence only nullifies a prior right to arms to the extent of the terms recited in the Letters Patent of exemplification. In the ordinary way, however, such an exemplification is equivalent to a new grant affecting all the descendants. When it is assumed in lieu, for the ordinary purpose of use the new coat of arms takes the place of the old one, but the right to the old one remains in theory to a certain extent, inasmuch as its existence _is necessary_ in any scheme of quartering _to bring in_ any quarterings previously inherited, and these cannot be displayed with the new coat unless they are preceded by the old one. Quarterings, however, which are brought into the family through a marriage in the generation in which the Royal Licence is obtained, or in a subsequent generation, can be displayed with the new coat without the interposition of the old one. If the Royal Licence be to bear the name of a certain family in lieu of a present name, and to bear the arms of that family quarterly with the arms previously borne, the quarterly coat is then exemplified. In an English or Irish Royal Licence the coat of arms for the name assumed is placed in the first and the fourth quarters, and the old paternal arms figure in the second and third. This is an invariable rule. The quarterly coat thus exemplified becomes an indivisible coat for the new name, and it is not permissible to subsequently divide these quarterings. They become as much one coat of arms as "azure, a bend or" is the coat of arms of Scrope. If this quarterly coat is to be introduced in any scheme of quarterings it will only occupy the same space as any other single quartering and counts only as one, though it of course is in reality a grand quartering. In devising a scheme of quarterings for which a sub-quarterly coat of this character exemplified under a Royal Licence is the pronominal coat, that {553} quarterly coat is placed in the first quarter. Next to it is placed the original coat of arms borne as the pronominal coat before the Royal Licence and exemplified in the second and third sub-quarters of the first quarter. When here repeated it occupies an entire quarter. Next to it are placed the whole of the quarterings belonging to the family in the order in which they occur. If the family whose name has been assumed is represented through an heiress that coat of arms is also repeated in its proper position and in that place in which it would have appeared if unaffected by the Royal Licence. But if it be the coat of arms of a family from whom there is no descent, or of whom there is no representation, the fact of the Royal Licence does not give any further right to quarter it beyond its appearance in the pronominal grand quartering. The exact state of the case is perhaps best illustrated by the arms of Reid-Cuddon. The name of the family was originally Reid, and representing an heiress of the Cuddons of Shaddingfield Hall they obtained a Royal Licence to take the name and arms of Cuddon in addition to the name and arms of Reid, becoming thereafter Reid-Cuddon. The arms were exemplified in due course, and the achievement then became: Quarterly, 1 and 4, Reid-Cuddon sub-quarterly, 2. the arms of Reid, 3. the arms of Cuddon. In Scotland no such thing as a Royal Licence exists, the matter being determined merely by a rematriculation following upon a voluntary change of name. There is no specified order or position for the arms of the different names, and the arrangement of the various quarterings is left to be determined by the circumstances of the case. Thus in the arms of Anstruther-Duncan the arms of Anstruther are in the first quarter, and the matter is always largely governed by the importance of the respective estates and the respective families. In England this is not the case, because it is an unalterable rule that the arms of the last or principal surname if there be two, or the arms of the one surname if that be the case when the arms of two families are quartered, must always go in the 1st and 4th quarters. If three names are assumed by Royal Licence, the arms of the last name go in the 1st and 4th quarters, and the last name but one in the second quarter, and of the first name in the third. These cases are, however, rare. But no matter how many names are assumed, and no matter how many original coats of arms the shield as exemplified consists of, it thereafter becomes an indivisible coat. When a Royal Licence is issued to an illegitimate person to bear the name and arms of another family, no right is conferred to bear the quarterings of that family even subject to difference marks. The Royal Licence is only applicable to whatever arms were the pronominal coat used with the name assumed. Though instances {554} certainly can be found in some of the Visitation Books and other ancient records of a coat with quarterings, the whole debruised by a bendlet sinister, notably in the case of a family of Talbot, where eight quarters are so marked, the fact remains that this practice has long been definitely considered incorrect, and is now never permitted. If a Royal Licence is issued to an illegitimate woman the exemplification is to herself personally, for in the eyes of the law she has no relatives; and though she may be one of a large family, her descendants are entitled to quarter the arms with the marks of distinction exemplified to her because such quartering merely indicates the representation of that one woman, who in the eyes of the law stands alone and without relatives. In the case of a Royal Licence to take a name and arms subject to these marks of distinction for illegitimacy, and in cases where the arms to be assumed are a sub-quarterly coat, the mark of distinction, which in England is now invariably a bordure wavy, will surround both quarterings, which remain an indivisible coat. If an augmentation is granted to a person whose pronominal coat is sub-quarterly, that augmentation, whatever form it may assume, is superimposed upon all quarterings. Thus a chief of augmentation would go across the top of the shield, the four quarters being displayed below, and the whole of this shield would be only one quartering in any scheme of quartering. An inescutcheon is superimposed over all. If the augmentation take the form of a quartering, then the pronominal coat is a grand quartering, equivalent in size to the augmentation. If a person entitled to a sub-quarterly coat and a double name obtains a Royal Licence to bear another name and arms, and to bear the arms he has previously borne quarterly with those he has assumed, the result would be: Quarterly, 1 and 4, the new coat assumed, quarterly 2 and 3, the arms he has previously borne sub-quarterly. But it should be noticed that the arrangements of coats of arms under a Royal Licence largely depends upon the wording of the document by which authority is given by the Sovereign. The wording of the document in its terms is based upon the wording of the petition, and within reasonable limits any arrangement which is desired is usually permitted, so that care should be taken as to the wording of the petition. A quartering of augmentation is always placed in the first quarter of a shield, but it becomes indivisible from and is depicted sub-quarterly with the paternal arms; for instance, the Dukes of Westminster for the time being, but not other members of the family, bear as an augmentation the arms of the city of Westminster in the 1st and 4th quarters of his shield, and the arms of Grosvenor in the 2nd and 3rd, but this coat of Westminster and Grosvenor is an indivisible {555} quarterly coat which together would only occupy the first quarter in a shield of quarterings. Then the second one would be the arms of Grosvenor alone, which would be followed by the quarterings previously inherited. If under a Royal Licence a name is assumed and the Royal Licence makes no reference to the arms of the family, the arms for all purposes remain unchanged and as if no Royal Licence had ever been issued. If the Royal Licence issued to a family simply exemplifies a single coat of arms, it is quite wrong to introduce any other coat of arms to convert this single coat into a sub-quarterly one. To all intents and purposes it may be stated that in Scotland there are still only four quarters in a shield, and if more than four coats are introduced grand quarterings are employed. Grand quarterings are very frequent in Scottish armory. The Scottish rules of quartering follow no fixed principle, and the constant rematriculations make it impossible to deduce exact rules; and though roughly approximating to the English ones, no greater generalisation can be laid down than the assertion that the most recent matriculation of an ancestor governs the arms and quarterings to be displayed. A royal quartering is never subdivided. In combining Scottish and English coats of arms into one scheme of quartering, it is usual if possible to treat the coat of arms as matriculated in Scotland as a grand quartering equivalent in value to any other of the English quarterings. This, however, is not always possible in cases where the matriculation itself creates grand quarterings and sub-quarterings; and for a scheme of quarterings in such a case it is more usual for the Scottish matriculation to be divided up into its component parts, and for these to be used as simple quarterings in succession to the English ones, regardless of any bordure which may exist in the Scottish matriculation. It cannot, of course, be said that such a practice is beyond criticism, though it frequently remains the only practical way of solving the difficulty. Until comparatively recent times, if amongst quarterings inherited the Royal Arms were included, it was considered a fixed, unalterable rule that these should be placed in the first quarter, taking precedence of the pronominal coat, irrespective of their real position according to the date or pedigree place of introduction. This rule, however, has long since been superseded, and Royal quarterings now take their position on the same footing as the others. It very probably arose from the misconception of the facts concerning an important case which doubtless was considered a precedent. The family of Mowbray, after their marriage with the heiress of Thomas de Brotherton, used either the arms of Brotherton alone, these being England differenced {556} by a label, or else placed them in the first quarter of their shield. Consequently from this precedent a rule was deduced that it was permissible and correct to give a Royal quartering precedence over all others. The position of the Mowbrays, Dukes of Norfolk, as Earls Marshal no doubt led to their own achievement being considered an exemplary model. But it appears to have been overlooked that the Mowbrays bore these Royal Arms of Brotherton not as an inherited quartering but as a grant to themselves. Richard II. apparently granted them permission to bear the arms of Edward the Confessor impaled with the arms of Brotherton, the whole between the two Royal ostrich feathers (Fig. 675), and consequently, the grant having been made, the Mowbrays were under no necessity to display the Mowbray or the Segrave arms to bring in the arms of Brotherton. A little later a similar case occurred with the Stafford family, who became sole heirs-general of Thomas of Woodstock, and consequently entitled to bear his arms as a quartering. The matter appears to have been settled at a chapter of the College of Arms, and the decision arrived at was as follows:-- _Cott. MS., Titus, C. i. fol. 404, in handwriting of end of sixteenth century._ [An order made for Henry Duke of Buckingham to beare the Armes of Thomas of Woodstock alone without any other Armes to bee quartered therewith. Anno 13 E 4.] Memorandum that in the yeare of the Reigne of our Soveraign Lord King Edward the iiij^{th}, the Thurtein in the xviij^{tin} day of ffeverir, it was concluded in a Chapitre of the office of Armes that where a nobleman is descended lenyalle Ineritable to iij. or iiij. Cotes and afterward is ascended to a Cotte neir to the King and of his royall bloud, may for his most onneur bere the same Cootte alone, and none lower Coottes of Dignite to be quartered therewith. As my Lord Henry Duke of Buckingham, Eirll of Harford, Northamton, and Stafford, Lord of Breknoke and of Holdernes, is assended to the Coottes and ayer to Thomas of Woodstoke, Duke of Glocestre and Sonne to King Edward the third, hee may beire his Cootte alone. And it was so Concluded by [Claurancieulx King of Armes, Marche King of Armes, Gyen King of Armes, Windesor Herauld, Fawcon Herauld, Harfford Herald]. But I imagine that this decision was in all probability founded upon the case of the Mowbrays, which was not in itself an exact precedent, because with the Staffords there appears to have been no such Royal grant as existed with the Mowbrays. Other instances at about this period can be alluded to, but though it must be admitted that the rule existed at one time, it has long since been officially overridden. A territorial coat or a coat of arms borne to indicate the possession of a specific title is either placed in the first quarter or borne in {557} pretence; see the arms of the Earl of Mar and Kellie. A singular instance of a very exceptional method of marshalling occurs in the case of the arms of the Earl of Caithness. He bears four coats of arms, some being stated to be territorial coats, quarterly, dividing them by the cross engrailed sable from his paternal arms of Sinclair. The arms of the Earls of Caithness are thus marshalled: "Quarterly, 1. azure, within a Royal tressure a ship with furled sails all or." For Orkney: "2 and 3. or, a lion rampant gules." For Spar (a family in possession of the Earldom of Caithness before the Sinclairs): "4. Azure, a ship in sail or, for Caithness"; and over all, dividing the quarters, a cross engrailed "sable," for Sinclair. The Barons Sinclair of Sweden (so created 1766, but extinct ten years later) bore the above quartered coats as cadets of Caithness, but separated the quarters, not by the engrailed cross sable of Sinclair, but by a cross patée throughout ermine. In an escutcheon _en surtout_ they placed the Sinclair arms: "Argent, a cross engrailed sable"; and, as a mark of cadency, they surrounded the main escutcheon with "a bordure chequy or and gules." This arrangement was doubtless suggested by the Royal Arms of Denmark, the quarterings of which have been for so many centuries separated by the cross of the Order of the Dannebrog: "Argent, a cross patée throughout fimbriated gules." In imitation of this a considerable number of the principal Scandinavian families use a cross patée throughout to separate the quarters of their frequently complicated coats. The quarterings in these cases are often not indicative of descent from different families, but were all included in the original grant of armorial bearings. On the centre of the cross thus used, an escutcheon, either of augmentation or of the family arms, is very frequently placed _en surtout_. The main difference between British and foreign usage with regard to quartering is this, that in England quarterings are usually employed to denote simply descent from an heiress, or representation in blood; in Scotland they also implied the possession of lordships. In foreign coats the quarterings are often employed to denote the possession of fiefs acquired in other ways than by marriage (_e.g._ by bequest or purchase), or the _jus expectationis_, the right of succession to such fiefs in accordance with certain agreements. In foreign heraldry the base of the quartered shield is not unfrequently cut off by a horizontal line, forming what is known as a _Champagne_, and the space thus made is occupied by one or more coats. At other times a pile with curved sides runs from the base some distance into the quartered shield, which is then said to be _enté en point_, and this space is devoted to the display of one or more quarterings. The definite and precise British regulations which have grown up on the {558} subject of the marshalling of arms have no equivalent in the armorial laws of other countries. Very rarely quartering is affected _per saltire_, as in the arms of Sicily and in a few coats of Spanish origin, but even as regards foreign armory the practice is so rare that it may be disregarded. The laws of marshalling upon the Continent, and particularly in Germany, are very far from being identical with British heraldic practices. [Illustration: FIG. 762.--Arms of Hans Wolf von Bibelspurg.] [Illustration: FIG. 763.--Arms of Hans Wolf von Bibelspurg and his wife Catherina Waraus married in 1507 at Augsburg.] [Illustration: FIG. 764.] The British method of impaling two coats of arms upon one shield to signify marriage is abroad now wholly discarded, and two shields are invariably made use of. These shields are placed side by side, the dexter shield being used to display the man's arms and the sinister those of the woman's family. The shields are tilted towards each other (the position is not quite identical with that which we term accollé). But--and this is a peculiarity practically unknown in England--the German practice invariably reverses the charges upon the dexter shield, so that the charges upon the two shields "respect" each other. This perhaps can be most readily understood by reference to Figs. 762 and 763. The former shows the simple arms of Von Bibelspurg, the latter the same coat allied with another. But it should be noted that letters or words, if they appear as charges upon the shield, are not reversed. This reversing of the charges is by no means an uncommon practice in Germany for other purposes. For instance, if the arms of a State are depicted surrounded by the arms of provinces, or if the arms of a reigning Sovereign are grouped within a bordure of the shields of other people, the charges on the shields to the dexter are almost invariably shown in reflection regarding the shield in the centre. This practice, resting only on what may be termed "heraldic courtesy," dates back to very early times, and is met with even in Rolls of Arms where the shields are all turned to face the centre. Such a system was adopted in Siebmacher's "Book of Arms." But what the true position of the {559} charges should be when represented upon a simple shield should be determined by the position of the helmet. It may be of interest to state that in St. George's Chapel at Windsor the early Stall plates as originally set up were all disposed so that helmets and charges alike faced the High Altar. [Illustration: FIG. 765.] [Illustration: FIG. 766.--Arms of Loschau or Lexaw, of Augsburg.] [Illustration: FIG. 767.] [Illustration: FIG. 768.--Arms of the Elector and Archbishop of Treves.] The conjunction of three coats of arms in Germany is effected as shown in Fig. 764. Although matrimonial alliance does not in Germany entail the conjunction of different coats of arms on one shield, such conjunction does occur in German heraldry, but it is comparable (in its meaning) with our rules of quartering and not with our rules of impalement. No such exact and definite rules exist in that country as are to be met with in our own to determine the choice of a method of conjunction, nor to indicate the significance to be presumed from whatever method may be found in use. Personal selection and the adaptability to any particular method of the tinctures and the charges themselves of the coats to be conjoined seem to be the determining factors, and the existing territorial attributes of German armory have a greater weight in marshalling than the principle of heirship which is now practically the sole governing factor in British heraldry. One must therefore content oneself with a brief recital of some of the various modes of conjunction which have been or are still practised. These include impalement per pale or per fess (Fig. 765) and dimidiation (Fig. 766), which is more usual on the Continent than it ever was in these kingdoms. The subdivision of the field, as with ourselves, is most frequently adopted; though we are usually confined to quartering, German armory knows no such restrictions. The most usual subdivisions are as given in Fig. 767. The ordinary quartered shield is met with in Fig. 768, which represents the arms of James III., Von Eltz, Elector and Archbishop of Treves (1567-1581), in which his personal arms of Eltz ("Per fess gules and argent, in chief a demi-lion issuing or") are quartered with the impersonal arms of his archbishopric, "Argent, a cross gules." Another method of conjunction is superimposition, by which the design of the one shield takes the form of an ordinary imposed {560} upon the other (Fig. 769). A curious method of conjoining three coats is by engrafting the third in base (Fig. 770). The constant use of the inescutcheon has been already referred to, and even early English armory (Figs. 706 and 710) has examples of the widespread Continental practice (which obtains largely in Spanish and Portuguese heraldry) of surrounding one coat with a bordure of another. [Illustration: FIG. 769.] [Illustration: FIG. 770.] [Illustration: FIG. 771.] The German method of conjunction by incorporation has been frequently pleaded in British heraldry, in efforts to account for ancient arms, but with us (save for occasional use for cadency differencing at an early and for a limited period) such incorporation only results in and signifies an originally _new_ coat, and not an authorised marshalling of existing arms of prior origin and authority. The German method can best be explained by two examples. Let us suppose a coat "per fess argent and gules," with which another coat "gules, a fleur-de-lis argent," is to be marshalled. The result would be "per fess argent and gules, a fleur-de-lis counterchanged." With smaller objects a more usual method would duplicate the charges, thus "per bend argent and azure," and "argent, a star of six points azure" would result in "per bend argent and azure, two stars of six points counterchanged" (Fig. 771). {561}