The officersThe Kings of Arms grant coats of arms by letters patent. Before they can even consider the granting of arms, an application must be made to the Earl Marshal, and a fee paid.
The Kings of Arms are authorised in their patents of appointment to grant (with the consent of the Earl Marshal) to "eminent men", a phrase which first appeared in the patent of appointment of Stephen Leake as Clarenceux King of Arms in 1741. Originally, the test applied was one of wealth or social status, because any man entitled to bear a coat of arms was expected to be a gentleman. By 1530, the heralds applied a property qualification, requiring successful candidates for a grant of arms to have an income from land of £10 per annum, or movable wealth of £300. But since the heralds receive fees for granting arms, they have always had an incentive to be generous rather than restrictive in their interpretation of who should be allowed a grant. In 1616, Ralphe Brooke, York Herald, tricked Garter King of Arms, Segar, into granting a coat of arms to the common hangman for a fee of 22 shillings.
In 1673, the authority of the Earl Marshal, which the heralds had challenged, was established in its modern form by a royal declaration which stated, among other things, that no patents of arms should be granted without his consent. This established the system, which is still operated, whereby royal authority to approve candidates for grants of arms is exercised by the Earl Marshal, and royal authority to grant the arms themselves is exercised by the Kings of Arms from the College of Arms. The application to the Earl Marshal (the Duke of Norfolk) is in the form of a petition, called a "Memorial", in the name of the prospective grantee. The wording of the Memorial is important because it is closely followed (for example, as to the description of the grantee of arms by profession, place of residence, etc) in any subsequent Letters Patent containing the grant of arms.
There are no fixed criteria as to whether a modern application for a grant of arms should be allowed. If a herald is approached and does not consider that the application has merit, he may tactfully suggest to the applicant that he or she should not proceed. If it does proceed, its success or otherwise will depend on the approval of the Earl Marshal, who may apply his own standards. Peter Gwynn-Jones, Garter King of Arms, has recently written that "In practice, eligibility depends upon holding a civil or military commission, a sound university degree or professional qualification, or having achieved some measure of distinction in a field beneficial to society as a whole." (Gwynn-Jones, 1998; p 121)
If the Earl Marshal finds the application in the "Memorial" satisfactory, he will grant a Warrant authorising the Kings of Arms to proceed with the designing of arms. One of the heralds then works with the applicant to devise arms pleasing to him as well as heraldically correct. Once a final form is reached, the Kings of Arms grant letters patent (colourfully illuminated and decorated) authorising the use of arms blazoned therein to the grantee and his heirs.
They, or a differenced version of them using marks of cadency, will be inherited by all of the legitimate children of an individual and such children and their descendants may bear the arms (or a differenced version of them) from the moment of birth: they do not (as with other inheritance) have to wait for the death of the previous generation. Nor is there any requirement for the College of Arms to approve the use of the arms in each generation: the original grant of arms is the only authority required. Although daughters and sons inherit the right to bear arms for themselves personally, the right passes only through the male line: hence, a son transmits the arms to his children, but a daughter, while bearing them for herself, does not transmit them to her children. A partial exception to this rule is the case of a woman who has no brothers, or whose brothers have no issue; such a woman is called a heraldic heiress and may transmit the arms to her children as a quartering with their father's arms, and so consequently to their descendents.
The costs involved are quite substantial. The applicant does not buy a coat of arms: the arms themselves are freely given, but fees must be paid to the heralds and artists involved as professionals, and to support the buildings and other running costs of the College. Aside from the heralds' traditional nominal salaries, given above, the College of Arms is not financed by the taxpayer.
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