The manner in which cadency is indicated in heraldic emblazonment forms one of the most important parts of British armory, but our own intricate and minutely detailed systems are a purely British development of armory. I do not intend by the foregoing remark to assert that the occasional use, or even, as in some cases, the constant use of altered arms for purposes of indicating cadency is unknown on the Continent, because different branches of one family are constantly found using, for the purposes of distinction, variations of the arms appertaining to the head of their house; in France especially the bordure has been extensively used, but the fact nevertheless remains that in no other countries is there found an organised system or set of rules for the purpose. Nor is this idea of the indication of cadency wholly a modern development, though some, in fact most, of the rules presently in force are no doubt a result of modern requirements, and do not date back to the earliest periods of heraldry in this country.
The obligation of cadet lines to difference their arms was recognised practically universally in the fourteenth century; and when, later, the systematic use of differencing seemed in danger of being ignored, it was made the subject of specific legislation. In the treatise of Zypœus, de Notitia juris Belgici, lib. xii., quoted also in Menetrier, Recherches du Blazon, p. 218, we find the following:—
"Ut secundo et ulterius geniti, quinimo primogeniti vivo patre, integra insignia non gerant, sed aliqua nota distincta, ut perpetuo linæ dignosci possint, et ex qua quique descendant, donec anteriores defecerint. Exceptis Luxenburgis et Gueldris, quibus non sunt ii mores." (The exception is curious.)
The choice of these brisures, as marks of difference are often termed, was, however, left to the persons concerned; and there is, consequently, a great variety of differences or differentiation marks which seem to have been used for the purpose. The term "brisure" is really French, whilst the German term for these marks is "Beizeichen."
British heraldry, on the contrary, is remarkable for its use of two
distinct sets of rules—the English and the Scottish—the Irish system being identical with the former.
To understand the question of cadency it is necessary to revert to the status of a coat of arms in early periods. In the first chapter we dealt with the origin of armory; and in a subsequent chapter with the status of a coat of arms in Great Britain, and it will therefrom have been apparent that arms, and a right to them, developed in this country as an adjunct of, or contemporaneously with, the extension of the feudal system. Every landowner was at one time required to have his seal—presumably, of arms—and as a result arms were naturally then considered to possess something of a territorial character. I do not by this mean to say that the arms belonged to the land and were transferable with the sale and purchase thereof. There never was in this country a period at which such an idea held; nor were arms originally entirely personal or individual. They belonged rather to a position half-way between the two. They were the arms of a given family, originating because that family held land and accepted the consequent responsibilities thereto belonging, but the arms appertained for the time being to the member of that family who owned the land, and that this is the true idea of the former status of a coat of arms is perhaps best evidenced by the Grey and Hastings controversy, which engaged the attention of the Court of Chivalry for several years prior to 1410. The decision and judgment in the case gave the undifferenced arms of Hastings to the heir-general (Grey de Ruthyn), the heir-male (Sir Edward Hastings) being found only capable of bearing the arms of Hastings subject to some mark of difference.
This case, and the case of Scrope and Grosvenor, in which the king's award was that the bordure was not sufficient difference for a stranger in blood, being only the mark of a cadet, show clearly that the status of a coat of arms in early times was that in its undifferenced state it belonged to one person only for the time being, and that person the head of the family, though it should be noted that the term "Head of the Family" seems to have been interpreted into the one who held the lands of the family—whether he were heir-male or heir-general being apparently immaterial.
This much being recognised, it follows that some means were needed to be devised to differentiate the armorial bearings of the younger members of the family. Of course the earliest definite instances of any attempt at a systematic "differencing" for cadency which can be referred to are undoubtedly those cases presented by the arms of the younger members of the Royal Family in England. These cases, however, it is impossible to take as precedents. Royal Arms have always, from the very earliest times, been a law unto themselves,
subject only to the will of the Sovereign, and it is neither safe nor correct to deduce precedents to be applied to the arms of subjects from proved instances concerning the Royal Arms.