SENA, Armory Part 6, Presumption
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A.6. Armory Presumption http:heraldry.sca.org/sena.html#A6 #A6AA. 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 or entity 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. #A6BB. Claims through Restricted and Reserved Charges: There are charges whose use is limited because their use would be a form of presumption. > #A6B11. Restricted Charges: Restricted elements and designs cannot be registered by anyone. These are charges that are either restricted by treaty (such as the emblems of the International Federation of Red Cross and Red Crescent Societies) or used only by people with specific high ranks outside the SCA (such as the rulers of specific places, clan chiefs, or baronets). A complete list of restricted charges can be found in the Glossary of Terms Table 2. > #A6B22. Reserved Charges: Reserved elements and designs can only be registered by submitters who have a certain rank or in certain types of branch submissions. A list of charges that are reserved is given in the Glossary of Terms Table 1. To register a design that includes such an element or design, the submitter must demonstrate his or her entitlement to use such an element. Generally a reference to the kingdom order of precedence is sufficient. #A6CC. Claims through Arms of Pretense and Unearned Augmentations: In period and modern heraldry, an individual may assert a claim to land or property by placing the armory associated with that property on an escutcheon in the middle of their existing armory. An augmentation of honor often takes the form of a charged canton; occasionally it takes the form of a charged escutcheon. Therefore, either a canton or a single escutcheon may be used in an armorial submission only if it is uncharged and of a single tincture. Multiple escutcheons do not have to follow this limitation. For example, Argent, a fess gules surmounted by an escutcheon sable charged with a roundel argent// is not allowed, because it appears to be arms of pretense. //Or, in saltire five escutcheons sable each charged with three roundels argent is registerable, because multiple identical escutcheons were not used for arms of pretense or augmentations. The rules governing earned Augmentations are discussed in [[2]]. #A6DD. Claims of Identity or Close Relationship with an Important Non-SCA Entity or Person: If a submission is too close to the protected armory of a person or entity outside the SCA who is considered quite important by many people within and outside the Society, it presumes on that armory and may not be registered. Presumption is closely tied to conflict, as our system of armorial conflict is based on the appearance of close relationship through cadency. All armorial items currently identified as important enough to protect are listed in the Ordinary and Armorial. Rarely, new non-SCA items that may be important enough to protect may be identified during the submissions process. The fact that they are not listed in the Ordinary and Armorial or a Letter of Acceptances and Returns does not matter. If the new non-SCA item is ruled important enough to protect, it will be added to the Ordinary and Armorial and the new submission will be returned for presumption. In general, the flags and arms of period and modern countries and similar entities are protected, while the flags and arms of smaller units are not protected. The arms of exceptionally important individuals and places as well as arms that are famous by themselves are protected. Decisions to protect new famous people and places are quite rare. In rare cases, armory associated with fictitious characters and entities may also be considered important enough to protect, when both a significant number of people in the Society recognize the armory of the entity without prompting and the use of the armory of the entity would generally be considered by those people a clear reference to that entity. Only a few pieces of fictitious armory have ever been ruled important enough to protect. All currently protected armory is listed in the Ordinary and Armorial; it is protected in those forms. If new forms are identified, they will be listed. New protected armory is protected from the moment it is listed as such on a published Letter of Acceptances and Returns. As soon as possible, such armory will be listed in the Ordinary and Armorial, but they are protected as soon as the Letter of Acceptances and Return is published. Submitters and heralds do not need to look for other forms of protected armory. Armory that is protected from presumption is protected with the same standards as conflict for SCA-registered armory. Those standards are described in [[3]] above, including visual conflict. #A6EE. Claims through Combination of Family Name and Armory: Even if a piece of armory is not considered important enough to protect from presumption under [[4]] above, the use of a piece of historical armory combined with the family name of the holder may be presumptuous. In order for this to be an issue, the name and device must be sufficiently well known that a significant number of SCA members would find this combination a claim to be that person without resorting to obscure reference works. In general, the combination of the family name of a clan chief and the chiefly arms will be considered presumptuous, even if the arms themselves are not important enough to protect. Families that are less important than the family of a clan chief are not important enough for this rule to apply. A slight modification of the arms, so that there is one distinct change (DC) between the submission and the arms on which it presumes, is sufficient to remove this problem. Likewise, a modification of the family name such that it would be clear of conflict with the family name is sufficient to remove this problem. In the case of a combination that is considered presumptuous, the name will generally be registered but the armory returned. A few special cases follow more stringent rules. For example, the Lancaster and York rose badges are very widely associated with those families in many forms. Therefore, we do not allow anyone to register the byname (of) Lancaster// with armory including a red rose, or the byname //(of) York with armory including a white rose. Again, the name will normally be registered but the armory returned. #A6FF. Claims through Marshalling: Marshalling is the combination of two or more arms into a single design. By doing so, it makes a claim about the person that we do not allow in registered arms. This claim can be to a marital or inheritance relationship or about an office that the person holds. In some cases, such designs may be displayed, even though they cannot be registered. Arms combined using the per pale field division generally combined either marital arms or the arms of an individual and an office. They are often called impaled arms and were not inherited. The display of registered arms impaled to show a marital relationship is encouraged, even though it is not registerable. Arms combined using the quarterly field division generally combined inherited arms from armigerous parents. They are often called marshalled arms or quartered arms. Once inherited, they were sometimes further cadenced as a whole. While the Spanish occasionally used per saltire divisions for marshalled designs, they more commonly used quarterly divisions for this, so we do not consider fields divided per saltire as potentially marshalled designs. Marshalling in these rules refers to both impaling and quartering collectively. Arms which appear to be marshalled cannot be registered. Both quarterly and per pale divisions were used in single armorial designs and also in marshalled designs. Therefore, quarterly and per pale divisions of the field may be registered only when there is no unmistakable appearance of marshalling. Most designs are either clearly not marshalled or clearly marshalled, but some require more careful examination: #A6F11. Designs which do Not Create the Appearance of Marshalling: A design with one of these features is not marshalled. >> #A6F1aa. Plain Field or Other Field Division: Only designs with per pale and quarterly field divisions are potentially marshalled. Designs with another field division or no field division are not marshalled under these rules. >> #A6F1bb. Complex Lines of Division: As marshalling was only used with plain line divisions, the use of a complex line of division with a quarterly or per pale field division does not create the appearance of marshalling. >> For example, Per pale azure and Or, a talbot and a hart rampant addorsed has the appearance of marshalling. However, Per pale raguly azure and Or, a talbot and a hart rampant addorsed does not. >> #A6F1cc. Single Primary Charge Group Over The Entire Field: A design that contains only a primary charge group of certain kinds does not have the appearance of marshalling. The primary charge group must be one of: semy of identical charges over the entire field, a single identical charge in each charged section, a group of multiple identical charges in a standard arrangement covering the entire field, or a single standard arrangement of multiple primary charges with at least one charge crossing the per pale line of division. Special rules affect designs with peripheral ordinaries and quarterly field divisions with primary ordinaries like crosses; they are discussed in section 3 ([[5]]) below. >> For example, Per pale azure and argent all semy of cinquefoils counterchanged does not have the appearance of marshalling. Quarterly gules and Or, four crescents counterchanged argent and sable does not have the appearance of marshalling. Per pale gules and sable, six cauldrons two, two and two argent does not have the appearance of marshalling. Quarterly vair and Or, three crosses moline gules does not have the appearance of marshalling. All of these are registerable. #A6F22. Designs which Create the Appearance of Marshalling: In general, when any section of the field can only be understood as an independent piece of armory, it creates the unmistakable appearance of marshalling. >> #A6F2aa. Charges which Terminate at the Edge of a Section: When a charge or charges terminate at the edge of a section, it creates the unmistakable appearance of marshalling. This most commonly occurs with ordinaries. This includes both the situation where a field division appears to be multiple ordinaries and the situation where multiple ordinaries appear to be a field division. >> For example, Quarterly gules and chevronelly argent and azure creates the appearance of marshalling and is not registerable. >> #A6F2bb. Sections which are Subdivided: A section of the field which is divided further into multiple parts generally creates the unmistakable appearance of marshalling. Such designs can only be registered when it is demonstrated to have been used in similar designs which are not marshalled. >> For example, Per pale gules and quarterly argent and azure, a heart argent has the appearance of marshalling and cannot be registered. However, checky is found in quarters of armory that is not marshalled. Thus, Quarterly gules and checky argent and azure, a heart argent does not have the appearance of marshalling. >> #A6F2cc. Multiple Types of Primary Charges: When different sections of the field contain different types of charges, it creates the appearance of marshalling. >> For example, Quarterly gules and azure, in bend two crosses crosslet and in bend sinister two roses argent creates the appearance of marshalling, as does Quarterly vert and erminois, in bend a badger and a fleur-de-lys argent. Per pale argent and sable, a unicorn sable and a dragon Or combatant creates the appearance of marshalling. In each case, the different types of charges create the appearance of marshalling. >> #A6F2dd. Multiple Charges in a Section: >>> When any section of such a field contains multiple charges of the same type in a way that cannot be described as a standard single pattern covering the entire field, multiple charges of different types, or multiple charge groups, it creates the appearance of marshalling.For example, Quarterly azure and Or, in canton three crosses fleury argent creates the appearance of marshalling, because the charges cannot be blazoned as a single pattern covering the entire field. Similarly, Per pale sable and erminois, each section charged with three billets two and one counterchangedcreates the appearance of marshalling, because each section appears to be an independent piece of armory. However, Per pale sable and erminois, six billets two, two, and two counterchanged does not create the appearance of marshalling, because the arrangement of all the charges can be blazoned as a single coherent pattern. For example, Quarterly sable and Or, in canton a lion and a unicorn combattant Or creates the appearance of marshalling because a single section of the field contains multiple types of charges. Similarly, Per pale gules and argent, a tree and in chief a mullet gules creates the appearance of marshalling because the tree and mullet are forced into the argent section of the field and thus it contains multiple charge groups. >>> [Updated per April 2013 Cover Letter] #A6F33. Designs which May or May Not Create the Appearance of Marshalling: Designs which do not fit into section 1 or 2 above must be considered more carefully. >> #A6F3aa. Plain Sections Without Charges: When each section of the design appears to be an independent coat of arms, it creates the unmistakable appearance of marshalling. A section of the design does not appear to be an independent coat of arms if it is a plain tincture, including a fur, which we do not protect as arms. >> As the protected arms of Brittany are Ermine, the use of an uncharged ermine section or sections when combined with a charged section creates the appearance of marshalling. However, since flags would not be used as part of quartered arms, the use of an uncharged vert section or sections does not create the appearance of marshalling, even though we protect the flag of Libya as Vert. >> For example, Per pale ermine and gules, a leopard's face argent has the appearance of marshalling, but Per pale argent and gules, a leopard's face argent does not. Quarterly azure and ermine, two maunches argent has the appearance of marshalling, but Quarterly azure and argent, two maunches argent does not. >> #A6F3bb. Quarterly Fields with Multiple Charge Groups: In many cases, a design with a charge or charges that cross the quarterly lines of division does not create the appearance of marshalling. >> For example, Quarterly azure and erminois, a gauntlet sable between two annulets azure does not have the appearance of marshalling, as the primary gauntlet is partially in all four quarters. Similarly, Quarterly azure and erminois, a bend argent between two annulets azure does not have the appearance of marshalling, as the bend is partially in all four quarters. For example, Quarterly Or and vert semy-de-lys Or, two millrinds vert, a chief gules does not have the appearance of marshalling. >> However, marshalling using a quarterly line of division was inherited. Once inherited, the quartered arms might be further cadenced with added bordures, labels, or other charges used for cadency in period. Therefore, adding those charges does not remove the appearance of marshalling for armorial designs with a quarterly line of division. Crosses throughout were also added to marshalled designs, so the addition of a cross throughout that overlies a quarterly field does not remove the appearance of marshalling. >> For example, Quarterly ermine and gules, in bend two salamanders gules and in bend sinister two open books Or and in chief a label sable has the appearance of marshalling; the label does not remove this appearance. Quarterly azure and Or, a cross between in bend two millrinds and in bend sinister two annulets counterchanged has the appearance of marshalling; the cross does not remove this appearance. >> #A6F3cc. Per Pale Fields with Multiple Charge Groups: As marshalled arms using a per pale line of division were not inherited, the addition of a charge or charge group which crosses the per pale line is generally sufficient to remove the unmistakable appearance that a portion of the field is independent armory. The addition of a bordure or chief that does not itself appear to be part of two distinct original arms also removes that appearance. In general, a chief or bordure which has poor contrast with one side of the field or one that is charged so that identical charges or parts of charges appear on both sides of the line of division or bordure meets this standard. >> For example, Per pale gules and ermine, a boar's head and a eagle displayed counterchanged, a chief azure does not have the appearance of marshalling. Per pale vert and Or, a billet and a sun counterchanged, in chief a label argent does not have the appearance of marshalling, because the label crosses the per pale line. The label cannot be unmistakably seen as a mark of cadency, since impaled armory was not inherited. >> On the other hand, in Per pale purpure and Or, a chief per pale argent and sable the chief divided per pale creates the appearance of marshalling Purpure, a chief argent with Or, a chief sable. For example, in Per pale Or and sable, a lozenge and a roundel counterchanged and on a chief argent a hare and a fox sable, the dissimilar charges on the chief create the appearance of marshalling. However, Per pale Or and sable, a lozenge and a roundel counterchanged and on a chief argent a hare between two foxes sable does not create the appearance of marshalling, because the hare crosses the center line. Similarly, same armory with two hares or with two foxes on the chief would also not create the appearance of marshalling.