I am using the Du Toit coat of Arms as perceived by most to be the Coat of Arms.  I do not proclaim it to be the true Du Toit Coat of Arms at all, BUT isn't it fun to believe it to be one. The following is the position in law as posted by the National Archives of South Africa and an interesting article by Dick Eastman.

SOUTH AFRICAN PERSONAL ("FAMILY") COATS OF ARMS.

 It is a popular misconception that there is a coat of arms for each surname and that everyone bearing that surname is entitled to use those arms. Nothing could be further from the truth. To lay claim to an existing authentic coat of arms by inheritance, one must be able to prove direct lineal descent from an ancestor known to have lawfully borne those arms. The applicant’s place in the line of descent is also of great importance. A mere similarity in surname is totally irrelevant and even kinship, as opposed to descent, does not give one any claim to a specific coat of arms.

 The position in England is set out clearly in Boutell's Heraldry, revised by J.P. Brook-Little in 1970 (p. 285), where it is stated: "Since at latest 1418, it has been impossible to acquire a legal title to armorial ensigns by any other method than inheritance according to the laws of arms, or a grant or confirmation of arms from the duly constituted authorities. To bear arms by inheritance, one must be able to prove, to the satisfaction of the Officers of Arms, legitimate male descent from some person who received a grant of arms, or to whom the right to bear arms was at some time confirmed. Conjectural descent is inadmissible".

 The position in Scotland is, in turn, set out in the Court of the Lord Lyon's Information Leaflet No. 4, where it is explained that the "Letters Patent" received when arms are granted in that Kingdom: ".... is a formal title deed from the Crown. It is permanent in effect, granting the Arms for ever and protecting them to the Petitioner with the full force of the Laws of Scotland. The Arms granted are heritable property, and will be inherited by the Petitioner's heir, normally his eldest son, and by his eldest son in turn, and so on for ever. A younger brother may inherit his father's Arms if the elder brother dies first and leaves no heirs of his own. Otherwise younger sons and their descendants inherit only a right to apply for "Matriculation" of their ancestral Arms with a small mark of difference added, appropriate to their place in the family."

 On the Continent, where arms are often assumed, the position (with the exception of the arms of the nobility), is somewhat more relaxed. Even so, the same basic principles apply.

 The position in the Netherlands being summarized by Dr. J.A. de Boo in his Familiewapens, oud en nieuw. Een inleiding tot de familieheraldiek: ".... het recht op een wapen werd sinds het midden van de 14de eeuw erkend voor iedere vrije man, of hij nu tot de adelstand behoorde of niet. Bertolo de Sassoferato (1314-1357), de jurist de dit vastlegde in zijn boek "Tractatus de insignis et armis", schreef verder dat een wapen niet verleend behoefde te worden, door welke vorst of autoriteit ook, mits men maar geen wapen userpeerde, dit wil zeggen het wapen van een ander wederrechtelijk voerde. Iedere Nederlander mag een wapen voeren en hij mag elk wapen voeren dat hij wenst, behoudens de door de Kroon verleende – en bij de Hoge Raad van Adel geregistreerde - wapens van adellijke families en openbare lichamen. Het is bovendien een geode gewoonte om niet het wapen van iemand anders aan te nemen of te voeren. Overeenkomst in familienaam geeft nooit recht op een familiewapen, tenzij verwantschap is bewezen. Strikt genomen hebben alleen agnatische afstammelingen, de nakomelingen in mannelijke lijn, het recht om een wapen onverandered verder te voeren."

 In South Africa, as in the British Isles, Europe and elsewhere, nobody may usurp someone else's arms as their own. Those who cannot prove their claim to ancestral arms are free to apply for the registration of new arms in their name, if they so wish. Arms so registered are protected by the full force of the law. Application for registration of arms can be made in terms of the provision of section 7(1) of the Heraldry Act, 1962. Sections 7(5) and 7(6) of the Act further provides for the registration of arms for descendants (including adopted children). The public should thus be wary of offers to provide them with their "family coat of arms" - inevitably reproduced from some popular heraldic article or publication, but without any proof whatsoever that the person to whom the offer is made is a direct descendant of any person who might have borne those arms, or indeed that they are even remotely related! In terms of section 23(a) of the Heraldry Act, it is an offence in South Africa for any person to furnish a "family coat of arms", unless the supplier has been able to satisfy the State Herald as to the authenticity of the arms in question and is in possession of a certificate to this effect, issued by the State Herald. This provision became necessary in order to protect gullible members of the public from the activities of unscrupulous arms hawkers who offer “family” coats of arms in computer-generated or other forms. Anyone requiring further information is welcome to contact the Bureau of Heraldry at:

Private Bag X236, Pretoria, 0001.

Tel. (012) 323-5300

Fax (012) 323-5287

E-mail: arg13@dacst4.pwv.gov.za.

 

Article by Dick Eastman Online  dated  6/27/2001

Pssst! Want to Buy Your Family’s Coat of Arms?

In many shopping malls across America, you will see pushcart vendors selling reproductions of coats of arms, claiming to be the "proud history and heritage of your family name" or similar words. These merchants sell coats of arms on parchment paper, suitable for framing. They also may sell coats of arms on t-shirts, sweatshirts, golf jerseys, stationery, coffee mugs, or even key chains.

Similar "businesses" exist on the Web. A number of Web sites proclaim that they can sell you "authentic" copies of your family’s coat of arms. One Web site says, "What is your Name? What was its origin? Was it taken from the name of a village? Was it taken from the Bible? A clan name? An Occupation? An ancient landmark? Who were your historical namesakes who bore your fine family name in the homeland of your ancestors?" Sometimes they also claim to sell "gifts of lasting heritage."

I have one thing to say to these con artists: "Balderdash!"

Actually, that’s not my first choice of response, but, after all, this is a family newsletter.

The study of coats of arms is called heraldry. Those who control the issuance of arms are the heralds. Typically, each country in Western Europe as well as in England, Scotland, and Ireland has an office of the heralds, sometimes called the Kings of Arms. The heralds are empowered to decide who is authorized to display a certain coat of arms. If you do not have authorization from the heralds, you are not authorized to display any coat of arms.

Most Americans seem ignorant of one very basic fact: in Western Europe and in the British Isles, there is no such thing as a "family coat of arms." A coat of arms is issued to one person, not to a family. After that person is deceased, his eldest heir may apply for the same coat of arms. Again, when he dies, his heir may apply. The rules for determining who is eligible to display a coat of arms are very similar to the rules for becoming King or Queen of England. However, even the proper heir cannot display the coat of arms until he or she has received authorization (been confirmed) by the heralds. At any one time, only one person may rightfully display a coat of arms.

According to the American College of Heraldry, "While Americans are usually fascinated by the beauty of heraldry, they are rarely familiar with its meaning and traditions and, therefore, often misunderstand and even abuse this rich cultural heritage. They seldom understand that a coat of arms is usually granted, certified, registered, or otherwise recognized as belonging to one individual alone, and that only his direct descendants with proven lineage can be recognized as eligible to inherit the arms. Exceptions to this rule are rare."

The American College of Heraldry also says, "It is highly inappropriate for one to locate the arms of another person sharing the same surname, and to simply adopt and use these arms as one's own." My interpretation of this is that, if you are displaying an unauthorized coat of arms, you are impersonating someone else.

The College of Arms in England (the heralds for English, Welsh, Northern Irish, and Commonwealth families) says, "For any person to have a right to a coat of arms they must either have had it granted to them or be descended in the legitimate male line from a person to whom arms were granted or confirmed in the past."

Despite these warnings, many vendors are making money by preying on Americans’ ignorance of the topic. The pushcarts you see in shopping malls typically are franchise operations. One pushcart owner told me that he paid $6,000 for a "franchise" to sell this stuff. The so-called franchise did not include a protected territory; another franchisee was free to set up business in the same area. For the $6,000 investment, the franchisee receives a computer with a database containing thousands of surnames and so-called "family coats of arms," a high-quality printer, a supply of parchment paper, and a supply of coffee cups, key chains, and other paraphernalia. These franchisees reportedly receive no training in the study of heraldry. The ones I have talked to didn’t recognize the term "College of Arms."

The Web sites aren’t much better. The ones I have looked at seem to have carefully-worded claims. Instead of saying, "your family’s coat of arms," they will say something like "your historical namesakes." Okay, "namesakes" doesn’t mean "ancestors," but it still will be misleading to many people. When a Web site proclaims, "your historical namesakes," most people will think that means "my family." However, if argued in court, the wording on the Web site would probably be considered correct. In short, I doubt if these companies will be shut down for misrepresenting their wares as they are very careful in their choice of words.

The next time someone offers a copy of your "family’s coat of arms," ask them for the documentation. They won’t have any. If a friend of yours is displaying a coat of arms on his stationery or on his fireplace mantel, I suggest you simply walk away smiling. There’s no sense in upsetting a good friendship. But don’t be as gullible as your friend. And please, please do not display your "family’s coat of arms" on your genealogy Web site unless you have been confirmed by the heralds, okay?

If you would like to learn more about the serious study of heraldry and any rights you might have to display coats of arms, there are a number of Web sites devoted to the truth. Here is a short list of some of the more reputable ones:

None of the above sell printouts on parchment paper, t-shirts, or key chains. Some of them do sell books and magazines devoted to the study of heraldry, however.

Here are some Web sites selling questionable merchandise. If you care about accuracy, please avoid the Hall of Names at: www.hallofnames.com, the Historical Research Center at: www.names.com, the "Home to Family History Research & Fine Heraldic Art" at: www.traceit.com, Heraldry on the Internet at: www.digiserve.com/heraldry, and other merchants of their ilk. There are many other such sites on the Internet; some of them appear to be franchisees of the ones I have listed. Any site that purports to sell "your family coat of arms" is a rip-off.

 

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