Page:A Complete Guide to Heraldry.djvu/573

This page has been proofread, but needs to be validated.
MARKS OF BASTARDY
515

remained the mark which has been used for the purpose in England, as the bordure compony has remained the mark in Scotland.

Bearing in mind that the only necessity was some mark which should carry sufficient distinction from the arms of the family, it follows, as a natural consequence of human nature, that as soon as any particular mark became identified with illegitimacy (after that was considered to be a stigma), that mark was quietly dropped and some other substituted, and no one should be surprised to find the bordures wavy and compony quietly displaced by something else. If any change is to be made in the future it is to be hoped that no existing mark will be adopted, and that the marks in England and Scotland shall not conflict even if they do not coincide.

The bendlet sinister, however, survives in the form of the baton sinister, which is a bendlet couped placed across the centre of the shield. The baton sinister, however, is a privilege which, as a charge on a shield, is reserved, such as it is, for Royal bastards. The latest instance of this was in the exemplification of arms to the Earl of Munster and his brothers and sisters early in the nineteenth century. Other surviving instances are met with in the arms of the Duke of St. Albans and the Duke of Grafton. Another privilege of Royal bastards is that they may have the baton of metal, a privilege which is, according to Berry, denied to those of humbler origin.

According to present law the position of an illegitimate person heraldically is based upon the common law of the country, which practically declares that an illegitimate child has no name, no parentage, and no relations. The illegitimacy of birth is an insuperable bar to inheritance, and a person of illegitimate birth inherits no arms at all, the popular idea that he inherits a right to the arms subject to a mark of distinction being quite incorrect. He has none at all. There has never been any mark which, as a matter of course and of mere motion, could attach itself automatically to a shield, as is the case with the English marks of difference, e.g. the crescent of the second son or the mullet of the third. This is a point upon which I have found mistaken ideas very frequently held, even by those who have made some study of heraldry.

But a very little thought should make it plain that by the very nature of the fact there cannot be either a recognised mark, compulsory use, or an ipse facto sign. Illegitimacy is negative, not positive—a fact which many writers hardly give sufficient weight to.

If any one of illegitimate birth desires to obtain a right to arms he has two courses open to him. He can either (not disclosing the fact of his illegitimacy, and not attempting to prove that he is a descendant of any kind from any one else) apply for and obtain a new grant of