A Complete Guide to Heraldry

by Arthur Charles Fox-Davies

We now come to the subject of the inheritance of crests, concerning which there has been much difference of opinion.

It is very usually asserted that until a comparatively recent date crests were not hereditary, but were assumed, discarded, and changed at pleasure. Like many other incorrect statements, there is a certain modicum of truth in the statement, for no doubt whilst arms themselves

had a more or less shifting character, crests were certainly not "fixed" to any greater extent.

But I think no one has as yet discovered, or at any rate brought into notice, the true facts of the case, or the real position of the matter, and I think I am the first to put into print what actually were the rules which governed the matter. The rules, I believe, were undoubtedly these:—

Crests were, save in the remote beginning of things heraldic, definitely hereditary. They were hereditary even to the extent (and herein lies the point which has not hitherto been observed) that they were transmitted by an heiress. Perhaps this heritability was limited to those cases in which the heiress transmitted the de facto headship of her house. We, judging by present laws, look upon the crest as a part of the one heraldic achievement inseparable from the shield. What proof have we that in early times any necessary connection between arms and crest existed? We have none. The shield of arms was one inheritance, descending by known rules. The crest was another, but a separate inheritance, descending equally through an heir or coheir-general. The crest was, as an inheritance, as separate from the shield as were the estates then. The social conditions of life prevented the possibility of the existence or inheritance of a crest where arms did not exist. But a man inheriting several coats of arms from different heiress ancestresses could marshal them all upon one shield, and though we find the heir often made selection at his pleasure, and marshalled the arms in various methods, the determination of which was a mere matter of arbitrary choice, he could, if he wished, use them all upon one shield. But he had but one helmet, and could use and display but one crest. So that, if he had inherited two, he was forced to choose which he would use, though he sometimes tried to combine two into one device. It is questionable if an instance can be found in England of the regular display of two helmets and crests together, surmounting one shield, before the eighteenth century, but there are countless instances of the contemporary but separate display of two different crests, and the Visitation Records afford us some number of instances of this tacit acknowledgment of the inheritance of more than one crest.

The patent altering or granting the Mowbray crest seems to me clear recognition of the right of inheritance of a crest passing through an heir female. This, however, it must be admitted, may be really no more than a grant, and is not in itself actual evidence that any crest had been previously borne. My own opinion, however, is that it is fair presumptive evidence upon the point, and conveys an alteration and not a grant.

The translation of this Patent (Patent Roll 339, 17 Ric. II. pt. 1,

memb. 2) is as follows: "The King to all to whom, &c., Greeting, Know that whereas our well-beloved and faithful kinsman, Thomas, Earl-Marshal and Earl of Nottingham, has a just hereditary title to bear for his crest a leopard or with a white label, which should be of right the crest of our eldest son if we had begotten a son. We, for this consideration, have granted for us and our heirs to the said Thomas and his heirs that for a difference in this crest they shall and may bear a leopard, and in place of a label a crown argent, without hindrance from us or our heirs aforesaid.—In witness, &c. Witness the King at Westminster, the 12th day of January [17 Ric. II.]. By writ of Privy Seal."

Cases will constantly be found in which the crests have been changed. I necessarily totally exclude from consideration crests which have been changed owing to specific grants, and also changes due to the discarding of crests which can be shown to have been borne without right. Changes in crests must also be disregarded where the differences in emblazonment are merely differences in varying designs of the same crest. Necessarily from none of these instances can a law of inheritance be deduced. But if other changes in the crests of important families be considered, I think it will be very evident that practically the whole of these are due to the inheritance through heiresses or ancestresses of an alternative crest. It can be readily shown that selection played an important part in the marshalling of quarterings upon an escutcheon, and where important quarterings were inherited they are as often as not found depicted in the first quarter. Thus the Howards have borne at different periods the wings of Howard; the horse of Fitzalan; and the Royal crest granted to the Mowbrays with remainder to the heir general; and these crests have been borne, as will be seen from the Garter plates, quite irrespective of what the surname in use may have been. Consequently it is very evident the crests were considered to be inherited with the representation of the different families. The Stourton crest was originally a stag's head, and is to be seen recorded in one of the Visitations, and upon the earliest seal in existence of any member of the family. But after the inheritance through the heiress of Le Moyne, the Le Moyne crest of the demi-monk was adopted. The Stanleys, Earls of Derby, whatever their original crest may have been, inherited the well-known bird and bantling of the family of Lathom. The Talbot crest was originally a talbot, and this is still so borne by Lord Talbot of Malahide: it was recorded at the Visitation of Dublin; but the crest at present borne by the Earls of Shrewsbury is derived from the arms inherited by descent from Gwendolin, daughter of Rhys ap Griffith. The Nevill crest was a bull's head as it is now borne by the Marquess

of Abergavenny, and as it will be seen on the Garter plate of William Nevill, Lord Fauconberg. An elder brother of Lord Fauconberg had married the heiress of the Earl of Salisbury, and was summoned to Parliament in her earldom. He quartered her arms, which appear upon his Garter plate and seal, in the first and fourth quarters of his shield, and adopted her crest. A younger son of Sir Richard Nevill, Earl of Salisbury, bore the same crest differenced by two annulets conjoined, which was the difference mark added to the shield. The crest of Bourchier was a soldan's head crowned, and with a pointed cap issuing from the crown, but when the barony of Bourchier passed to the family of Robsart, as will be seen from the Garter plate of Sir Lewis Robsart, Lord Bourchier, the crest of Bourchier was adopted with the inheritance of the arms and Barony of Bourchier.