[1587/7/40]¹

For reformation of the extraordinary number and many abuses of officers of arms

²Our sovereign lord and three estates of parliament, considering how of late years there is entered in the office of arms sundry extraordinary masters and pursuivants and a very great number of messengers, through importune suit of diverse parties, in such a confused and uncertain means that it is become doubtful who are admitted, and how and who deprived or not, or whether their cautioners be living or departed this life; and seeing there was always in times of best government a certain number of officers of arms, it is now therefore thought expedient, statute and ordained that in time coming there shall be only 200 persons wearing and bearing our sovereign lord's arms in the whole bounds of the realm of Scotland, in which number lyon king of arms and his brethren, the ordinary heralds, masters and pursuivants shall be comprehended, being in number seventeen persons, and the remainder to be divided amongst the remaining sheriffdoms of the realm in manner after-following: that is to say, within the sheriffdom of Orkney and Shetland, four; within the sheriffdom of Inverness and Cromarty, ten; within the sheriffdom of Nairn, two, within the sheriffdom of Elgin and Forres, five; within the sheriffdom of Banff, four; within the sheriffdom of Aberdeen, twelve; within the sheriffdom of Kincardine, four; within the sheriffdom of Forfar, ten; within the sheriffdom of Fife, ten; within the sheriffdom of Kinross, two; within the sheriffdom of Clackmannan, two; within the sheriffdom of Perth and stewartries of Menteith and Strathearn, twelve; within the sheriffdom of Stirling, five; within the sheriffdom of Dunbarton, four; within the sheriffdom of Linlithgow, four; within the sheriffdom of Edinburgh principal, twenty-four; within the sheriffdom of Edinburgh and constabulary of Haddington, four; within the sheriffdom of Berwick, four; within the sheriffdom of Roxburgh, eight; within the sheriffdom of Selkirk, two; within the sheriffdom of Peebles, three; within the sheriffdom of Lanark, ten; within the sheriffdom of Renfrew, four; within the sheriffdom of Argyll and Tarbert, four; within the sheriffdom of Bute, two; within the sheriffdom of Ayr, twelve; within the sheriffdom of Wigtown, four; within the sheriffdom of Dumfries and stewartries of Kirkcudbright and Annandale, twelve; and to the effect that the order now appointed may take the better effect, ordain and command lyon king of arms that he in no way receive any manner of persons to the office of messenger in time coming unless it be in the place of one of the persons that shall be thought suitable to be retained after 1 November 1587 by his decease or deprivation, notwithstanding any precept or warrant given or to be given in the contrary; wherein if he fail, he shall incur the indignation of our sovereign lord, and the person so admitted shall have no place to use and exercise the said office nor his executions whatsoever shall in no way be valid in judgement or outwith. And for trial which of the persons now occupying the office of messenger are worthy and suitable to be retained in that office during their lifetimes, our sovereign lord ordains letters to be directed to the commissioners nominated by his highness in the shires, who convening in the tolbooth of the head burgh of the shire at the next head court after Michaelmas [29 September] 1587, shall return their advice to the lords of council and session on 1 November 1587 what messengers within every shire (not exceeding the numbers above-written) they think most honest, worthy and able to be retained in the office during their lifetimes or until they be deprived for worthy causes; which persons being thought most suitable to be retained as said is, shall be recommended by the said lords of session to lyon king to be continued in their offices and authorised by him with testimonials of new as found worthy by the judgement of the shire wherein they dwell and recommended by the lords of council and session, and that they have new blazons of silver in a form and quantity in an honest and comely form, seeing the common arms made by messengers in times past were for slender and good cheapness that the greater number of slight men sought to be admitted to that office, which ought in deed to be used by persons of discretion, honesty and credit; that every person so admitted of new shall find good and responsible sureties for observation of the injunctions contained in the end of this present act, under the pain of 500 merks to our sovereign lord's use, with costs, hurt, damage and interest of parties grieved by the falsehood, negligence or informality of any officer; that the names of the persons, as well admitted of new as deposed, be published and imprinted within the space of a month after the said 1 November 1587, that none shall be abused or pretend ignorance in default thereof; and for all complaints to be made to lyon king of arms upon the defaults of officers in time coming, he shall set two peremptory [courts]³ in the year to be held in Edinburgh on 6 May and 10 November, if they be lawful, and failing thereof, the next lawful days; and shall summon the party complained upon by his precept, containing the cause of the complaint relevantly libelled, and cause summon the persons accused and his cautioner on 15 days' warning, and deliver them copies, concluding in case the officer be found culpable, not only his deprivation from the office but his cautioner to incur the pain, whereof the third part shall appertain to the said lyon king of arms, for his labours, and that his acting and decreet be formally written and registered and patent to all our sovereign lord's lieges having interest; and likewise letters in accordance with to pass thereupon as upon the decreets of whatsoever judges ordinary within this realm.