Presumption

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Definition:

Glossary of Terms, Presumptuous - Claiming more importance for oneself than one is due. A person who pretends to be entitled to special treatment or recognition because of status, rank, or abilities that the person does not hold or has not earned is presumptuous. http://heraldry.sca.org/coagloss.html

SENA Rules

SENA A.6. Armory Presumption

http://heraldry.sca.org/sena.html#A6

SENA NPN.4. Non-Personal Names Presumption

http://heraldry.sca.org/sena.html#NPN4

SENA PN.4. Personal Names Presumption

http://heraldry.sca.org/sena.html#PN4

A. Definitions: Presumption is a false claim. This includes claims of restricted rank or powers that the submitter does not possess within the Society or that we do not allow anyone to claim. It also includes claims of identity or close relationship with a person outside the SCA who is considered quite important by many people within and outside the Society. Presumption is not dependent on intent; even if such a claim was not intended, the appearance of such a claim is not allowed. Items which presume will not be registered, even if a letter of permission could be obtained.

Precedents:

Precedents of the SCA College of Arms - http://heraldry.sca.org/laurel/precedents.html
Morsulus Heralds Website - http://www.morsulus.org/ (to search the LoARs and Precedents)
Use the above links to be sure any precedents listed below haven't been superseded by newer precedents.

Collected Precedents on Presumptuous-ness:

http://heraldry.sca.org/precedents/CompiledNamePrecedents/Presumptuous.html

Collected Precedents on Mythical and Literary Names:

http://heraldry.sca.org/precedents/CompiledNamePrecedents/MythicalAndLiteraryNames.html

Collected Precedents on Non-Human Names:

http://heraldry.sca.org/precedents/CompiledNamePrecedents/NonHuman.html

Collected Precedents on Unique Names:

http://heraldry.sca.org/precedents/CompiledNamePrecedents/UniqueNames.html

Collected Precedents on Use Names:

http://heraldry.sca.org/precedents/CompiledNamePrecedents/UseName.html

Collected Precedents of the SCA: Titles

http://heraldry.sca.org/precedents/CompiledNamePrecedents/Titles.html]

Other Precedents

June 2022 CL - Regarding Encyclopedia Entries and Protected Entities

From Pelican:
This month we considered the submission Fellowship of the Black Hats. The Turkish tribes known as Chorni Klobuky (Black Hats in English) do not have a stand-alone entry in the Encyclopedia Britannica. However, there are two standard printed Ukrainian encyclopedias, Encyclopedia of History of Ukraine (a 10-volume encyclopedia, https://en.wikipedia.org/wiki/Encyclopedia_of_History_of_Ukraine) and Encyclopedia of Ukraine (a 5-volume encyclopedia published by the University of Toronto Press, online at http://www.encyclopediaofukraine.com/). There is a corresponding entry for this group in each of these sources, which are culture-specific to the name being considered for protection from presumption. We encourage commenters to expand beyond the standard Encyclopedia Britannica and other Anglo-centric sources when considering whether an entity is important enough to protect. We direct Palimpsest to update both SENA PN4D1 and SENA NPN4D1 to include language regarding equivalent non-English encyclopedias.

In addition, as we considered this name we endeavored to look at these tribes through an intercultural lens; this consideration is paramount as we become more aware of exactly how much has been erased of non-European cultures, their accomplishments and their importance throughout history. Currently, however, SENA NPN4D1 does not explicitly list tribes and other cultural identities as entities we protect. It is our belief that it should. We direct Palimpsest to open a Rules Letter to discuss updating the language of SENA NPN4D1 to be more inclusive of indigenous tribes and other similar groups of people as entities we could protect from presumption.

https://heraldry.sca.org/loar/2022/06/22-06cl.html#4

January 2022 CL - volva/volu no longer registerable

From Pelican: Regarding the Old Norse element v{o,}lva This month, we considered the name Gisla v{o,}lva Hrefnudottir and whether or not the byname v{o,}lva constituted a claim to magical powers via SENA PN4C. This rule says, explicitly, "There are examples of attested given names and bynames that are claims to magical abilities or other superhuman abilities. Such names will not be registered unless they can be demonstrated to have been used in contexts that are not claims to magical abilities. Use of them by multiple individuals is often sufficient to do so, unless they all were understood to have the same magical power." When considering the term v{o,}lva, this is the question we set to answer: were all those considered as v{o,}lva in the Sagas considered to have the same magical power?

First we considered current precedent, which says,

V{o,}lva appears in Geirr Bassi, p. 29, as a variant of the byname v{o,}lu. According to Cleasby and Vigfusson, An Icelandic-English Dictionary, pp. 721-722 (http://lexicon.ff.cuni.cz/html/oi_cleasbyvigfusson/b0722.html), the words v{o,}lu and v{o,}lva both mean seeress/prophetess/sibyl/wise-woman. By precedent, the byname V{o,}lu is not presumptuous:

Commenters questioned whether the byname V{o,}lu "seeress" was presumptuous. It is not. This byname (and the occupation it is derived from) refers to real women who did real things. As such, it is not an unmistakable claim to magical powers. It is parallel to the Norse byname sjóna, ruled registerable in August of 2008, and Gaelic bynames with similar meanings, ruled registerable in December 1997. [V{o,}lu-Helena in Flamska, 10/2012 LoAR, A-Ansteorra]

Given that the word v{o,}lva is a variant of v{o,}lu, and that both words have the same meaning and refer to the same job, the byname V{o,}lva- also is not presumptuous and can be registered. [V{o,}lva-Kaðlín knútr, 1/2020, A-East]

In light of our increased understanding and cultural awareness, we felt it was time to revisit what this section of SENA means by "claims to powers". When the original precedent was set in 1997, we had a very different standard and set of rules in use in the Society. Since this time, our awareness of differences in period practice between cultures has increased dramatically, as have our standards for registration and our access to sources that continue to challenge what we previously thought to be true.

Primarily, we referred to the article "Women and Magic in the Sagas: Seiðr and Spá", by Gunnvor Orle, found online at http://www.vikinganswerlady.com/seidhr.shtml to answer this question. We also referenced "Old Norse Nicknames" by Paul R. Peterson (https://conservancy.umn.edu/bitstream/handle/11299/172669/Peterson_umn_0130E_15864.pdf). From the data presented therein, this question became very easy to answer. No humans in the Sagas were called v{o,}lva unless they were understood to possess the power of prophecy.

Therefore, as of this Cover Letter, we explicitly overturn the January 2020 precedent and we will no longer register the elements v{o,}lva and v{o,}lu, including their prepended forms, as they constitute a claim to powers as described in SENA PN4C.

https://heraldry.sca.org/loar/2022/01/22-01cl.html#2

December 2015 - Protection of Real-World Heraldic Titles

In the July 2015 Letter of Acceptances and Returns, we pended the heraldic title Faraute Flores to allow discussion on whether it presumed upon a real-world heraldic title from the 15th century. In the case of that submission, Flores served the king of Castille, but no further information about this service or individuals who have held the office could be found.

We asked commenters which real-world historical titles are important enough to protect: any title used by royal appointees, or only the more prominent titles? And how should we characterize the prominence? Some titles are protected because of the importance of the positions (e.g., Garter and Montjoy), whereas others have been protected because a herald who held the title wrote a heraldic book (e.g., Gelre). Others are important because they are still in use (e.g., Bluemantle).

In the past, a number of real-world heraldic titles were unprotected, and several (like Sans Repose and Fleur-de-Lys) have since been registered to Heralds Extraordinary in the Society. However, both of these registrations were made without comment, and did not set precedent. At the time, the issue of presumption was not raised in the Letters of Intent or in commentary.

Therefore, we are setting new protection standards for real-world heraldic titles. In general, we will protect notable heraldic titles, particularly those used by Kings of Arms (e.g.,Garter and Cronista Kings of Arms) and/or that are still in use. We also protect titles created by important royals and important titles created by minor royals. Protection of minor titles created by minor royals, or of heraldic titles associated with authors of well-known heraldic treatises will be considered on a case-by-case basis. If a heraldic title shares a name with an order that is itself worthy of protection, the title is also worthy of protection.

http://heraldry.sca.org/loar/2015/12/15-12cl.html

August 2015 - Protection of Real World Orders

This month, we decided whether the historical Order of Alcantara was worthy of super-protection under NPN4B2 of SENA, or whether it could be registered with the addition of the phrase of branch name. SENA states:

• Order and award names may not include the names of the peerage orders or overt references to famous knightly orders such as the Garter. Other types of non-personal names may only use such elements in contexts where no reference to the order is likely to be perceived by members of the order and the general populace.

In addition, the wider question of which "famous knightly orders" are worthy of such protection was discussed. The majority of commenters and those present at the Pennsic Roadshow agreed that super-protection of all real world orders was not necessary and that only the most important orders need to be super-protected. Examples of these "most important" orders are the Garter and the Golden Fleece. The use of these substantive elements in order names or in other submissions that can be confused with these orders is not permitted.

Less famous or less important real world orders can still be deemed worthy of normal protection in their documented forms, although changes can remove the appearance of presumption as described in NPN3 of SENA. However, those at the Roadshow overwhelmingly thought that a protected historical order name to which of branch name has been added is still presumptuous. Therefore, after the February 2016 Pelican meeting, we will no longer allow the addition of a branch name to a historical order name to remove the appearance of presumption. A rules letter will be drafted by Palimpsest. The submission on this month's letter has been registered.

http://heraldry.sca.org/loar/2015/08/15-08cl.html#2

June 2012 Cover Letter - Presumption Due to Name and Armory Combination:

A submission this month required us to consider whether the use of *an escarbuncle of chain Or* in combination with the surname *de Navarra* is presumptuous. The arms of Navarre are *Gules, an escarbuncle of chain within and conjoined to an orle of chain Or*. The combination of *an escarbuncle of chain Or* with the surname Navarre would be a possible violation of section XI.2 of the Rules for Submissions, which says that "Armory that asserts a strong claim of identity in the context of the submitters name is considered presumptuous," and of section A6E of the Standards for Evaluation, which states "the use of a piece of historical armory combined with the family name of the holder may be presumptuous."

The October 2001 Cover Letter says "Note that if a real-world coat of arms is not considered important enough to protect in the SCA, a CD will certainly suffice to remove any problem of presumption due to the combination of name and armory." This precedent is repeated in section A6E of the Standards for Evaluation. Precedent also says: [using a yale in combination with the surname Beaufort] This badge was used both by the Beaufort family and by Margaret's descendants, the Tudor kings of England. While we might forbid someone using the Beaufort name to register a device that is a close variant of this badge, the submitted design is three CDs from it, which more than sufficient to clear the name/device combination from appearance of pretense by the standards set on the October 2001 Cover Letter.

Therefore the only reason to disallow it would be if we protected any use of the Beaufort yale with that surname. We disallow certain combinations of charges and surnames, such as disallowing the Lancaster rose with the surname Lancaster. However no evidence was presented that the Beaufort family is important enough that their badge should be protected in that manner. While Margaret clearly is important as the mother of Henry VII, she was not the only Beaufort to use this badge.

Knowledge of the use of the yale as a royal badge is relatively limited, known primarily to specialists. Since it is specialist knowledge, it does not rise to the importance of badges like the Tudor rose, which are known to anyone who has studied the Wars of the Roses. The use of the Beaufort yale will not be restricted. [Rosalind Beaufort, A-Lochac, December 2012 LoAR]

Like with the Beaufort yale, there are three CD/DCs between the arms of Navarre and the submitted device in question. In this case, the kingdom and royal family of Navarre are certainly more important than the Beaufort family. No evidence was presented, nor any found, that indicated that the escarbuncle of chain with or without the orle of chain was used as a charge by anyone outside of the royal family of Navarre. Similarly, as with the Tudor rose, the arms of Navarre are not considered specialist knowledge.

It should be noted that the charge used here is *an escarbuncle of chain throughout Or*, not within and conjoined to an orle. However, the escarbuncle of chain, alternatively described as *a cross and saltire of chain*, seems unique to the royal family of Navarre. Examples could be found in Iberian armory of *a saltire and orle of chain*, *a chain in bend*, orles of chain, and other uses of chains as charges, but no other escarbuncles of chain. The orle of chain itself seems unremarkable, although it may run afoul of our reserved charge of an orle of chain to members of the chivalry. However, given the variety of ways chains were used as ordinaries, we are disinclined to restrict the use of an escarbuncle of chain entirely.

Therefore, similar to the combination of a red rose and the surname Lancaster, or the white rose and the surname York, the use of *an escarbuncle of chain Or* in combination with the surname Navarre is considered presumptuous. [[1]]

1/4/1991 Cover Letter - submission for a dog presumptious:

[A submission for a dog] "The College does not register names or armory which appear to claim for the submitter powers or status he or she does not have. In this case, the submitter is claiming human status. If the submitter can prove such, we will reconsider this name. Until such time, this name submission is RETURNED." (CL 2/4/91 pps. 1-2). http://heraldry.sca.org/precedents/daud/daud1p.html http://heraldry.sca.org/loar/1991/01/cvr.html

January 1991 LoAR - names not registerable to nonhumans

Medeni ferch Tanarian. Name. "Tanarian was registered in January 1983 as made-up Welsh from Tan = fire and Arian = silver. Given its registration and Welsh formation, we felt that it was not inappropriate to allow it to the submitter as the matronymic particle matches the language of her "mother's" SCA given name. However, information has been received that Medeni is a dog (specifically, a Welsh corgi). The SCA does not register names for non-humans. We will require proof of Medeni's human status before we can register this name. 01/91 http://heraldry.sca.org/loar/1991/01/lar.html

Collected Precedents:

2nd Tenure of Elisabeth de Rossignol (April 2011 - August 2011) - [Armory Precedents] 1st Tenure of Elisabeth de Rossignol (May 2005 - July 2008) - [and PRESUMPTION] The 2nd Tenure of François la Flamme (October 2004 - May 2005) - [or PRESUMPTION] The Tenure of Shauna of Carrick Point (May 2004 - August 2004) - [Armory Precedents] The Tenure of François la Flamme (August 2001 - April 2004) - [Armory Precedents] The Tenure of Elsbeth Anne Roth (June 1999 - July 2001) - [Armory Precedents] The Tenure of Jaelle of Armida (June 1996 - June 1999) - [HTML Document] The 2nd Tenure of Da'ud ibn Auda (November 1993 - June 1996) -

• [1st part] (Nov 1993 - June 1994) and
• [2nd part] (July 1994 - June 1996)

The Tenure of Bruce Draconarius of Mistholme (June 1992 - October 1993) - [precedents] The 1st Tenure of Da'ud ibn Auda (June 1990 - June 1992) -

• [1st year] (June 1990 - June 1991) and
• [2nd year] (July 1991 - June 1992)

The Tenure of Alisoun MacCoul of Elphane (September 1986 - June 1990) - Brittany, Collected Precedents The Tenure of Baldwin of Erebor (August 1984 - August 1986) - [HTML Document] The Tenure of Wilhelm von Schlüssel (August 1979 - August 1984) - [Precedents] The Tenure of Karina of the Far West (December 1975 - June 1979) - [Precedents] The Early Days (June 1971 - June 1975) - [Precedents]

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