Wednesday, September 12, 2012

Signatures, Seals, and Coats of Arms


Today, the family and I are at EPCOT, and this is the view from the "English Channel" separating the British Pavilion from France.  I love the view from this bridge, and we have tons of photos with this backdrop from years past.  As I enjoy the view from the "UK" something comes to mind that really annoys me, and I have never written on the subject.  If you haven't visited EPCOT, there are pavilions that represent different countries with food, beverage, and shopping.  In the British Pavilion, there is a shop that sells coats of arms.  You job is to thumb through this big book at the shop and find your last name.  Next, the clerk shows you the "coat of arms" for your last name and will show you all the cool things you can plaster the crest on, like a shirt, mug, soccer ball, you name it.

I suppose I should start by talking about what a coat of arms is.  Here is a picture of John A. Duncan of Sketraw's:


This coat of arms is John's personal heraldry, and while it bears resemblance to many Duncan shields with the cinqfoils and chevron, he has added the personal touch of a dragon biting a sword because he is a dentist by trade.  A clan, or large family, would have multiple shields but typically share the crest, or in this case the ship located above the shield, as a way of showing allegiance.  John is alive and well today, and it is possible to obtain a your coat of arms through the Lord Lyon Court in Scotland if you meet certain criteria.  You can then have elaborate papers drafted, rings made, and seals created.  My point is that this stuff is taken quite seriously in the UK.

So why am I annoyed?  Basically, this is a trick pulled on uninformed Americans.  Because of the heritage of so many Americans, surnames abound that come from Scotland, England, Ireland and Whales.  In these countries, most notably Scotland, there is a government body that regulates and administers coats of arms to ensure that no two are alike.  This misconception, however, is that there is one single shield for one surname.  A coat of arms in Great Britain is as personal as a signature, and mine would be different from my brother's and father's in a small way.  And my male cousins' coats of arms would also be different.  In Scotland, it is actually a crime to use another person's coat of arms!

When the uniformed enter a shop like the one I describe, they are really just looking at one particular person's coat of arms that has the same last name as them.  I might as well wear a t-shirt with my uncle Bill's signature on it.  But because we are not under British rule, there is no prosecution for using someone else's coat of arms so merchants sell this stuff to unwitting enthusiasts.  It bugs me that people from the UK know better, but it equally annoys me that Americans don't know they are being duped.

How does this have anything to do with Georgia?  In Georgia, a person can use any mark they like to act as their signature.  This means you could your name, an x, a squiggly line, or a stamp of your coat of arms, to sign you name.  This idea comes from the British Isles, where lords would place a stamped seal of wax to their documents, ensuring that its contents authentically came from the signatory.  If you are in Georgia, then, you could get creative if the mood strikes you.  I met one woman who signs her name "Minnie Mouse," and of course lets her bank know, so when anyone actually signs her legal name the bank is notified that it's fraudulent.

Pretty cool stuff, in my opinion, but then again, my name is one of the oldest names in Scotland.  I suppose I could be biased.

JD


John D. Duncan is president of J.D. Duncan, PC, founding partner of Prater, Duncan & Craig, LLC in Newnan, Georgia, and is Esquire by Day.  You can find him at www.jdduncanlaw.com, or follow him on twitter and Facebook.

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