From: velde2@jhunix.hcf.jhu.edu (Velde Francois)
Subject: legal status of heraldry in France
Organization: HAC - Johns Hopkins University, Baltimore
Date: Tue, 6 Oct 1992 19:28:04 GMT

This is meant to be material for the projected rec.heraldry FAQ.
Comments , corrections, questions are all welcome.

1) Brief history

Heraldry started in France more or less at the same time as elsewhere, 
in the middle of the 12th century. Originally associated with the 
feudal system, it extended quickly (as elsewhere) to social classes
beyond knights and nobility: bourgeois, peasants, moral entities
(cities, trade corporations), church (individuals and communities),
etc.  The basic rule was that anyone could choose a coat of arms as
long as it followed the rules of heraldry, and as long as it wasn't
anyone else's coat of arms.

This changed in the 16th century: in 1535 an Edict prohibited non-nobles
from placing a helm or a coronet on their shields. The fact that the Edict
was repeatedly reaffirmed indicates that it was largely ignored. 
Then a Royal King of Arms was appointed
in 1615 to put some order in the records and claims. Most important,
an Edict of 1696 declared that, for a coat of arms to be valid, it
had to be registered with the King of Arms, for a fee naturally (this
was the middle of a European war, and the French government was short 
of cash).  As a consequence, 110 000 coats of arms were registered
(of which 80 000 by non-nobles) by d'Hozier, the King of Arms. The 
registers are still in the National Library.  A number of people who
bore arms never registered; conversely, many people were forced to 
take arms (so they would pay the tax) against their will. The 
pursuivants often played cruel jokes: unflattering puns, or 
allusions to the person's trade: a pharmacist was granted "Azure,
a syringe and 3 chamber-pots Argent"... 
By 1709 registration of arms ceased altogether, and the Edict was ignored
from then on.  The 18th century is characterized by general
misuse of coronets and titles (especially that of marquis),
as well as adoption of arms by many people, for reasons of snobbery.

In 1790 the Revolution abolished feudalsim, nobility and 
heraldry in France, and the display of coats of arms became illegal
the following year.  Napoleon re-established heraldry and titles
(but not nobility) in 1808. He did not recognize Old Regime 
titles or blazons, and instead created his own heraldic system
and hierarchy of titles. Most titles were associated with a function,
and thus personal (not hereditary); others were made hereditary.
Only the Emperor could bestow coats of arms.

In 1815 monarchy was restored, the "new nobility" was recognized and
the "old nobility" was restored.  But the taking of arms became 
free again.

2) current status

Nobility does not exist in France; titles, however, do exist, and
so do coats of arms. Legally they are considered "accessory 
parts of the name", and are therefore protected from misappropriation.
To be valid, a title must have been conferred or confirmed by a 
sovereign or head of state of France according to the rules then 
in force (pre-1789: the king, by letters patent; 1808-1815: by
Imperial decree; 1815-1848: by Royal letters patent; 1851-1870:
by Imperial decree; 1871-77: by presidential decree). Nowadays 
the President does not confer titles, but he can confirm legal
titles (this is done by the "Conseil du Sceau" at the Ministry
of Justice). A legal title can be used in official documents 
as part of the last name.

A private institution, the ANF, was created in 1932 to keep tabs
on who is noble and who isn't. Its statutes include a specific
condition for being a member (i.e. being a descendant of 
confirmed noble or ennobled by a sovereign etc...).  According to
them, there are 3500 noble families in France, of which 50 are
post-1789 nobles (Note: Philippe de Montebello, director of 
the Metropolitan Museum of Art in NY, is one such noble, 
descendant from one of Napoleon's generals).

Coats of arms can be freely chosen, provided as always that they
do not belong to anyone. They are not officially recognized, in
the sense that there is no public institution regulating heraldic
use; but misuse or mis-appropriation can be challenged in civil
courts (an extremnely rare occurence).

3) on titles

Note of French titles: the usual titles are, in order of 
precedence:
- duc (duke)
- marquis (marchioness ?)
- comte (count)
- vicomte (viscount)
- baron (baron)
- vidame [a rare title]
- chevalier (knight)
- ecuyer (esquire)
Only the first 6 have corresponding coronets. Helms never meant
anything in practice: coronets were the significant elements.
The title of prince was reserved for members of the royal family
(princes  du sang), foreign nobles established in France (Bouillon,
Orange), and a few anomalies from the Middle Ages, especially
in Brittany where the lords of certain fiefs were traditionally
called Princes (Rohan). The above ranking is relative: some 
families (Montmorency, Breteuil) only had the title of barons,
but were much older, nobler and more famous than many dukes.

The coronets are as follows:
- duc: acanthus leaves
- marquis: alternating acanthus leaves and 3 pearls (1-2)
- comte: single row of pearls
- baron: the coronet is a simple metal ring with a row of 
	pearls twisted around it
The king has a closed crown with fleur-de-lys, the Dauphin
(heir apparent) an open crown, royal princes have a crown
with alternating fleur-de-lys and acanthus leaves.

4) miscellanea

Orders of knighthood: the main ones were Saint-Michel
(created in 15th c.) and Saint-Esprit (Holy Spirit),
created in 1578 with a limit of 100 on the number of knights:
it was the most prestigious order in France, usually forbidden
to foreigners (but the Spanish Borbons were often made knights
in the 18th c.). Both abolished in 1789. A minor order is
Saint-Lazare.  There are also military orders, the main ones
being Saint-Louis (before 1789) and the Legion of Honor (created
1804), usually displayed around the shield like orders of knighthood.

Municipal heraldry: cities have coats of arms, perhaps the only
entities in modern France to enjoy official recognition of their
arms. In particular, medals or insignia of military orders are
granted to cities and displayed on coats of arms (Paris has a 
couple for its fight against the Germans in 1944). A mural
crown often distinguishes a citiy's shield.

Mottoes: French heraldry is fond of mottoes, and some families
even have two: the motto (devise) and the "cri d'arme" a 
war-cry. The motto can be personal or familial. The French 
kings had "lilia neque nent neque laborant" as motto and 
"Montjoye Saint Denis" as war-cry. The motto can be in 
French, medieval French, Latin or even Greek.  There 
are few badges, on the other hand, and few crests as well
(as opposed to German or English heraldry).

Newsgroups: rec.heraldry