Legal Definitions - law of arms

The law of arms refers to the historical body of rules, customs, and traditions that govern the creation, use, display, and inheritance of heraldic devices, such as coats of arms, crests, and badges. These rules were developed primarily in medieval and early modern Europe to regulate symbols of identity, lineage, and honor, particularly among nobility and military commanders. While less prominent in modern legal systems, these principles are still recognized by heraldic authorities in some countries to manage the proper entitlement and use of such symbols.

• Example 1: An Inheritance Dispute over a Family Crest

  Imagine two distant cousins, both descendants of a historical noble family, who find themselves in a disagreement over who has the rightful claim to display the ancestral coat of arms after the last direct male heir passes away without clear instructions. The law of arms would provide the framework for resolving this dispute, often dictating specific rules of inheritance for heraldic devices, such as prioritizing certain lines of descent or requiring a ruling from a recognized heraldic authority to determine the legitimate bearer based on established custom and precedent.

• Example 2: Granting a New Coat of Arms to an Organization

  Consider a newly established charitable foundation that wishes to create and officially register a unique coat of arms to represent its mission and values. The foundation would apply to a recognized heraldic authority (such as the College of Arms in England or the Canadian Heraldic Authority). This authority operates under principles derived from the historical law of arms, ensuring the proposed design is unique, adheres to traditional heraldic conventions, and is properly recorded, thereby granting the foundation legal entitlement to its new arms.

• Example 3: Challenging Unauthorized Use of a Noble Symbol

  Suppose a company begins selling merchandise, like t-shirts and mugs, featuring a coat of arms historically associated with a prominent aristocratic family, without their permission or any legal right to use it. The aristocratic family, or a relevant heraldic body, could challenge this unauthorized use based on the law of arms. This body of law protects the exclusive right of entitled individuals or families to their heraldic symbols, preventing their misuse or appropriation for commercial gain or false claims of lineage.