Existing Registration Allowance, Grandfather Clause

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Glossary of Terms: Grandfather Clause

The popular name given to the guarantee in Corpora that, once registered, a name or piece of armory remains registered unless the owner requests its release, regardless of changes in the Rules for Submissions and standards applied to submissions after that time.

The term Grandfather Clause is also sometimes applied to the provisions that allow a submitter to use elements that they have previously registered in new name or armory submissions, even if those elements are no longer acceptable under the current Rules for Submissions. On a case by case basis, this allowance has been extended to the submitter's immediate legal family. These provisions are stated in Rules for Submissions II.5. and VII.8; a sample letter documenting the right to extend the Grandfather Clause can be found in the Cover Letter for the October 2002 LoAR. http://heraldry.sca.org/coagloss.html

SENA, Personal Names Part 1, Content :

‍g. The Grandfather Clause: In a new personal name submission, an individual may use name phrases already registered to them, even if that name phrase would no longer be allowed under the current rules. Only the exact, actual name phrase from the registered form may be used, not variants, patterns, etc. The use of the grandfather clause does not allow the submitter to evade new style problems (as discussed in [[1]] below). It only allows the submitter to keep style problems that already exist with the registered name. A name phrase from a registered name of an individual may also be registered by a close legal relative (such as parent, spouse, child, sibling, etc.). To do this, the submitter must demonstrate the relationship through legal documents or through attestation of relationship from the individual whose name is already registered. Documentation under the grandfather clause does not exempt a name or name phrase from conflict, presumption, or offense rules, unless that rules violation is itself grandfathered.

SENA, Non-Personal Names Part 1, Content]] :

g. The Grandfather Clause: Name phrases from a name registered to an individual or branch may be used in a new non-personal name submission by that individual or branch, even if the name phrase is no longer registerable under the rules. The use of the grandfather clause does not allow the submitter to evade new style problems (as discussed in NPN.2 below). It only allows the submitter a pass on style problems that already exist with the registered name. Documentation under the grandfather clause does not exempt a name from conflict, presumption, or offense rules, unless that rules violation is itself grandfathered. The element used may be the entire substantive element, the designator, or part of the substantive element. Only the exact, actual name phrase from the registered form may be used, not variants, patterns, etc. with the exception of submissions of branch heraldic titles and order names. A name phrase from a registered name of an individual may also be registered by a close legal relative (such as parent, spouse, child, sibling, etc.). To do this, the submitter must demonstrate the relationship through legal documents or through attestation of relationship from the individual whose name is already registered. Branches may register new heraldic titles and order names based on patterns used in their existing heraldic titles or order names. To use the grandfather clause, the new submission must be similar in content to the existing pattern. For example, if a branch had registered an order name Crimson Sleeve//, they could use that to modify a new, similar object such as //Crimson Glove//. However, they could not register //Crimson Bowl//, as a bowl is not the same type of object as a sleeve. Likewise, the owner of //Diamond Herald// and //Ruby Herald// could use the grandfather clause to register //Order of the Saphire//. The owner could not register //Order of the Diamond Ring// or //Order of the Gold, because the pattern of registered items is limited to precious stones, not jewelry or precious items in general. Branches may also utilize the grandfather clause to register non-personal names incorporating name phrases from the registered names of individuals closely associated with the branch. This generally means a resident of the branch or an active supporter. The permission of the individual or their heraldic heir is required for this use. Only the whole, exact, actual name phrase from the registered form may be used, not variants or patterns. Under no circumstances will this privilege be extended to use names or to other unregistered names.

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SENA, Armory Part 2, Content

http://heraldry.sca.org/sena.html#A2

3. Grandfather Clause: Armorial elements which are registered to an individual may be used in a new submission by that individual, even if they are no longer allowed under the rules. Only the exact, actual elements which are registered may be used, not variants or patterns. The use of the grandfather clause does not allow the submitter to evade new style problems (as discussed in A.1 through A.3). It only allows the submitter to evade style problems that already exist with their registered armory. An armorial element from a registered piece of armory of an individual may also be registered by a close legal relative (such as parent, spouse, child, sibling, etc.). To do this, the submitter must demonstrate the relationship through legal documents or through attestation of relationship from the individual whose armory is already registered. Documentation under the grandfather clause does not exempt a design from conflict, presumption, or offense rules, unless that rules violation is itself grandfathered.

Sample Letter Documenting Legal Relationship for Grandfather Clause

I, [Legal name], known in the SCA as [Society name], do attest that [Legal name of submitter], known in the SCA as [Society name of submitter], is my legal [father/mother/wife/husband/son/daughter/brother/sister]. I understand that this letter cannot be withdrawn once [Legal name of submitter]'s name or device is registered. [Date] [Signature of [Legal name]] (from the Administrative Handbook, Appendix D - Suggested Standard Form Letters )

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 Name Precedents on the Grandfather Clause: http://heraldry.sca.org/precedents/CompiledNamePrecedents/GrandfatherClause.html

November 2022 Cover Letter: SENA PN1B2g, updating Existing Registration Allowance

Based on Palimpsest's August 11th Rules Letter, SENA PN1B2g - Existing Registration Allowance is updated to expand the list of "close relative" to match precedent and to address how potentially offensive name elements are handled under the Existing Registration Allowance. It is also updated to allow changes required for gender as necessary when the registered name is a relationship name (e.g. changing -dottir to -son) or a descriptive, locative, or other type of byname that changes based on gender. The new wording is below. Due to the extensive revisions of this section, an insert/delete version of the wording is not included.

g. The Existing Registration Allowance (ERA): In a new personal name submission, an individual may use name phrases already registered to them or a close legal relative (such as parent, spouse, child, sibling, aunt/uncle, etc.), even if that name phrase would no longer be allowed under the current rules. To do this, the submitter must demonstrate the relationship through legal documents or through attestation of relationship from the individual whose name is already registered. Wording for an attestation can be found in Appendix D of the Administrative Handbook. Note that a letter of permission to presume/claim relationship (found in the same appendix) may also be needed. See the December 2019 Cover Letter for a discussion on which letter is needed when.

For example, given a registered Arwen Gandalfsdottir, the existing registration allowance applies to the name phrases Arwen, Gandalfsdottir, and Arwen Gandalfsdottir. For example, in Ciar ingen Donnchaid meic Con Duib the name phrases are Ciar, ingen Donnchaid, Ciar ingen Donnchaid, meic Con Duib, and Ciar ingen Donnchaid meic Con Duib. For a registered Skalla-Brandr, Skalla is a pre-pended byname and is a name phrase. The other name phrases that can be registered under the existing registration allowance are Brandr and Skalla-Brandr.

Only the exact, actual name phrase from the registered form may be used, not variants, patterns, etc. except:

1. In cases where the existing registered element is being used in a relational byname (e.g., patronymic/matronymic, multi-generational, spousal, brother/sister, etc.): The registered element may only be modified as necessary to construct the byname. The relationship being claimed under this exception must match the legal relationship of the parties involved and must be documented as described above.

For example, a daughter of a registered Hrafn wishes to register the Demotic Egyptian given name with a patronymic byname, Djehutyiirdis Hrafnsson. This is allowed as a legal parent/child relationship exists; the genders of the names registered/being registered do not matter. However, if the person submitting the new name was instead Hrafn's brother, Sedjemniykhnum Hrafnsson could not be registered, as a legal parent/child relationship does not exist between them.

2. In cases where the submitter wishes to change the gender of an existing registered element: The registered element may be any element (e.g., descriptive byname, locative byname, or patronymic/matronymic) that changes to match the gender of the given name. The submitter's legal gender does not matter.

For example, in the name Tofi Durinsson Durinsson is a gendered name element (patronymic). If the submitter wished to register Tofa (a feminine given name) the existing registration allowance would allow the registration of Tofa Durinsdottir.

In some cases, particularly with relationship bynames, there may be multiple ways to form the byname based on the above exceptions. See Appendix O, Existing Registration Allowance and Bynames, for guidance in this process.

The use of the existing registration allowance does not allow the submitter to evade new style problems (as discussed in PN.2 below). It only allows the submitter to keep style problems that already exist with the registered name. Also, documentation under this allowance does not exempt a name or name phrase from conflict or presumption rules, unless that rules violation is itself part of the existing registration in question. A name element that is considered offensive under PN5B may only be registered to the original owner under the existing registration allowance, not to close legal relatives, though names that increase offense may still be returned on a case-by-case basis.

https://heraldry.sca.org/loar/2021/11/21-11cl.html#10

November 2022 Cover Letter - creating SENA Appendix O - Existing Registration Allowance and Bynames

In support of the changes to PN1B2g shown above, SENA Appendix O is being created. This appendix will not be added to SENA until PN5B is approved by the Board of Directors. For that reason, the entire text of the appendix is included below.

The existing registration allowance (ERA), including the required documentation, is defined in PN1B2g. This appendix provides some examples and guidance for creating gendered bynames, that is, names that must change in order to match the gender of the given name, and relationship bynames. This list is not exhaustive nor exclusive; it is meant to provide guidelines for using the ERA. Names submitted under the exceptions to PN1B2g will be decided on a case-by-case basis.

1. Unmarked Relationship Bynames

In languages with unmarked patronymics/matronymics, a registered given name can be used without change to indicate a parent/child relation.

For example, English uses unmarked patronymics. Therefore a registered Arabic Da'ud can be used with a submitted Thomas to form Thomas Da'ud. As no changes are required to the name, Da'ud can be legally related in any way to Thomas, not just his father, as neither exception under PN1B2g is required.

2. Latin Relational Bynames

In Latin, relational bynames (particularly patronymics/matronymics) in many cultures can be found in period where the given name is treated as indeclinable. That is, the name doesn't change to show genitive case. In cases where there are no examples of how the name was treated in Latin (period or post-period), it may be treated as indeclinable.

For example, a young woman's father has a Japanese persona, and his registered given name is Tokihiro. She's not quite sure where she wants to eventually land in the SCA and chooses the name Anna in Latin because it works across multiple cultures. As we don't have example of Tokihiro in Latin, it may be treated as indeclinable and her name registered as Anna filia Tokihiro. Similarly, if Tokihiro's brother and nephew decide to register Johannes and Georgius respectively while denoting their relationship to Tokihiro they could register Johannes frater Tokihiro and Georgius nepos Tokihiro.

3. Relationship Bynames in Original Language

There are a number of names that were previously registerable but have become unregistrable, or only registrable in a different language, as our knowledge has improved. These names can be registered following the grammar of the language they were considered when registered assuming that they are compatible with the new name being registered.

For example, pre-2009 a gentleman registered the given name Ian with the Middle Irish byname mac Gadhra. The Ian element has been since redocumented as a grey period English masculine given name through FamilySearch records. His daughter, however, wants to register a multi-generational Gaelic name and be Oébfinn ingen Iain mhic Gadhra. Treating the element Ian as Gaelic rather than English means it would be in the genitive case but not lenite, and the modification of grammar for the multigenerational byname (mac to mhic) would be permitted using the exception in PN1B2g.

For example, suppose the daughter of a woman named Eowyn wants to register the name Elizabeth and mark herself in English as Eowyn's daughter. The submitter does not want to use an unmarked matronymic, even though Elizabeth Eowyn would be permitted. Because the submitter intends to have an English name, and Eowyn was registered as an Old English name, Eowyn can be treated as English and we would therefore register Elizabeth Eowynsdohter.

4. Relationship Bynames in Different Languages

Registered names are considered neutral in time and place; therefore, relationship bynames can be formed in one language from a name registered based on a different language. In many cases it is possible to simply add the appropriate marker to the registered name to create the relationship byname.

For example, a woman wishes to include the registered name of her husband Cedric in her name but wants to be Taisiia as her persona is Russian. As Wickenden's A Dictionary of Period Russian Names tells us that one way a spousal byname in Russian would have been formed is by adding -skaia to the given name, an option for her would be Taisiia Cedricskaia. She could not, however, register Taisiia Cedricskona, as that spousal byname construction is Old Norse (and neither Taisiia nor Cedric is Old Norse).

For example, Lórien has a son who wants to go by the Old Norse name Flosi and wants to be known as Lórien's son. Since Lórien is not an Old Norse name the matronymic may be created by adding -s, so the name can be registered as Flosi Lóriensson. Similarly, in 1979 we registered the given name Strider. Say his hypothetical wife finally wants to register her name, and she wants to be Inga, wife of Strider. She could register Inga Striderskona, using the attested construction for a spousal byname in Old Norse.

For example, the mother of someone with the registered name of Olaff wishes to be known by the Arabic name Maryam and as the mother of Olaff. Following the examples in Da'ud ibn Auda's Period Arabic Names and Naming Practice she may construct the name using the kunya pattern umm <child's name> which would result in the name Umm Olaff Maryam ("the mother of Olaff, Maryam").

For example, Welsh has a pattern of ap <given name> or verch <given name>. Thus the daughter of a registered Da'ud who wishes the Welsh given name Jenett may regiester Jenett verch Da'ud.

5. Gender Change in the Same Language

a. If a submitter has a gendered byname (a byname that must or may change to match the given name) registered and changes the gender of their registered name, they may change the gender of the byname following the normal rules of the language even if the name is no longer registerable.

For example, say someone registered the name Tofi Durinsson when such things were permissible, and now they wish to change their registered name to Tofa Durinsdottir. ERA allows them to keep the element Durin in a Norse name despite its redocumentation as a French literary name and simply modify the remainder of the name to match the now feminine given name.

b. If a submitter wishes to register a gendered byname through the ERA and the language sometimes marks the gender of a byname and sometimes doesn't, they may register either version.

For example, a hypothetical Marie la broderresse ("the embroiderer") wishes to use the byname via ERA with the Arabic Da'ud. The masculine form of the byname is le brodeeur, allowing the registration of Da'ud le brodeeur. If a hypothetical Jean le brodeeur wished to register the given name Áine they may register either Áine le brodeeur or Áine la broderresse, using ERA to combine a Gaelic given name with a French byname (a combination not normally allowed).

https://heraldry.sca.org/loar/2021/11/21-11cl.html#11

Collected Armory Precedents:

Tenure of Elisabeth de Rossignol (May 2005 - July 2008) - [CLAUSE] The 2nd Tenure of François la Flamme (October 2004 - May 2005) - [CLAUSE] The Tenure of Shauna of Carrick Point (May 2004 - August 2004) - The Tenure of François la Flamme (August 2001 - April 2004) - The Tenure of Elsbeth Anne Roth (June 1999 - July 2001) - The Tenure of Jaelle of Armida (June 1996 - June 1999) - The 2nd Tenure of Da'ud ibn Auda (November 1993 - June 1996) - The Tenure of Bruce Draconarius of Mistholme (June 1992 - October 1993) - The 1st Tenure of Da'ud ibn Auda (June 1990 - June 1992) - The Tenure of Alisoun MacCoul of Elphane (September 1986 - June 1990) - The Tenure of Baldwin of Erebor (August 1984 - August 1986) - The Tenure of Wilhelm von Schlüssel (August 1979 - August 1984) - The Tenure of Karina of the Far West (December 1975 - June 1979) - The Early Days (June 1971 - June 1975) -

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