arms on his own basis, and worry through the College the grant of a coat as closely following in design that of the old family as he can get, which means that he would be treated and penalised with such alterations (not "marks of distinction") as would be imposed upon a stranger in blood endeavouring to obtain arms founded upon a coat to which he had no right. The cost of such a proceeding in England is £76, 10s., the usual fees upon an ordinary grant.
The alternative course is simple. He must avow himself a bastard, and must prove his paternity or maternity, as the case may be (for in the eye of the law—common and heraldic—he bears the same relation, which is nil, and the same right to the name and arms, which is nil, of both his father and his mother).
Illegitimacy under English law affords one of the many instances in which anomalies exist, for, strange as the statement is, a bastard comes into the world without any name at all.
Legally, at birth a bastard child has then no name at all, and no arms. It must subsequently acquire such right to a name (whatever right that may amount to) as user of and reputation therein may give him. He inherits no arms at all, no name, and no property, save by specific devise or bequest. The lack of parents operates as a chasm which it is impossible to bridge. It is not a case of a peculiar bridge or a faulty bridge; there is no bridge at all.
Names, in so far as they are matters of law, are subject to canon law; at any rate, the law upon the subject, such as it is, originated in canon law, and not in statute or common law. Canon law was made, and has never since been altered, at a time when surnames were not in existence. A bastard no more inherits the surname of the mother than it does the surname of its father; and the spirit of petty officialism, so rampant amongst the clergy, which seeks to impose upon a bastard nolens volens the surname of its mother, has no justification in law or fact. A bastard has precisely as little right to the surname of its mother as it has to the surname of its father. Obviously, however, under the customs of our present social life, every person must have a surname of one kind or another; and it is here that the anomaly in the British law exists, inasmuch as neither statute nor canon law provide any means for conferring a surname. That the King has the prerogative, and exercises it, of conferring or confirming surnames is, of course, unquestioned, but it is hardly to be supposed that the King will trouble himself to provide a surname for every illegitimate child which may be born; and outside this prerogative, which probably is exercised about once a year, there is no method provided or definitely recognised by the law to meet this necessity. To obviate the difficulty, the surname has to be that which is conferred upon the child by
