of heraldic differencing. But they were used indiscriminately, as has been already stated, both for legitimate and illegitimate cadency. John of Gaunt, as is well known, was the father of Henry IV. and the ancestor of Henry VII., the former being the issue of his legitimate wife, the latter coming from a son who, as one of the old chroniclers puts it, "was of double advowtrie begotten." But, as every one knows, John of Gaunt's children by Catherine Roet or Swynford were legitimated by Act of Parliament, the Act of Parliament not excepting the succession to the Throne, a disability later introduced in Letters Patent of the Crown when giving a subsequent confirmation of the Act, but which, nevertheless, they could not overrule. But taking the sons of the latter family as legitimate, which (whatever may have been the moral aspect of the case) they were undoubtedly in the eyes of the common law after the passing of the Act referred to, they existed concurrently with the undoubtedly senior descendants of the first marriage of John of Gaunt with Blanche of Lancaster, and it was necessary—whether they were legitimate or not—to distinguish the arms of the junior from the senior branch. The result was that as legitimate cadets, and not as bastards, the arms of John of Gaunt were differenced for the line of the Dukes of Somerset by the addition of the bordure compony argent and azure—the livery colours of Lancaster. It is a weird position, for these colours were derived from the family of the legitimate wife.
The fight as to whether these children were legitimate or illegitimate was, of course, notorious, and a matter of history; but from the fact that they bore a bordure compony, an idea grew up both in this country and in Scotland also from the similarity of the cases of the doubtful legitimacy of the Avondale and Ochiltree Stewarts, who both used the bordure compony, that the bordure compony was a sign of illegitimacy, whereas in both countries at an earlier period it undoubtedly was accepted as a mark of legitimate cadency.
As a mark of bastardy it had subsequently some extensive use in both countries, and it still remains the only mark now used for the purpose in Scottish heraldry. Whether it was that it was not considered as of a fixed nature, or whether it was that it had become notorious and unacceptable, it is difficult to say, though the officers of arms have been blamed for making a change on the assumption that it was the latter.
Some writers who clamour strongly for the penalising of bastard arms, and for the plain and recognisable marking of them as such (a position adopted rather vehemently by Woodward, a singularly erudite heraldic writer), are rather uncharitable, and at the same time rather lacking in due observation and careful consideration of ancient ideas
