[1592/4/47]¹

Concerning the office of [Sir David Lindsay of the Mount], lyon king of arms, and his brother heralds²

³Our sovereign lord and estates of this present parliament, considering the great abuse that has been amongst the lieges of this realm in their bearing of arms, usurping to themselves such arms as belong not to them so that it cannot be distinguished by their arms who are gentlemen of blood by their antecessors, nor yet may it be determined what gentlemen are descended of noble stock and linage; for remedy whereof, his highness, with advice of the said estates, has given and granted and, by this present act, gives and grants full power and commission to lyon king of arms and his brother heralds to visit the whole arms of noblemen, barons and gentlemen borne and used within this realm, and to distinguish and discern them with congruent differences, and thereafter to matriculate them in their books and registers, and to put inhibition to all the common sort of people not worthy by the law of arms to bear any signs armorial, that none of them presume or take upon hand to bear or use any arms in time coming upon any of their furniture or household gear under the pain of the escheating of the goods and gear so often as they shall be found contravening this present act, wherever the same arms shall be found engraved and painted, to our sovereign lord's use, and likewise under the pain of £100 to the use of the said lyon and his brother heralds; and failing of payment thereof, that they be incarcerated in the nearest prison, therein to remain upon their own charges during the pleasure of the said lyon. Item, because charges of treason have not been executed and used with such solemnity and officers of arms as the weightiness thereof requires, it is statute and ordained that our sovereign lord's treasurer and other directors of such letters deliver them in time coming to be executed by the ordinary heralds and pursuivants bearing coats of arms or macers, to be used by them as of before, and if any executions under the pain of treason shall be executed otherwise, declare the executions to be null and of no value. Item, in consideration of the great abuse of messengers and officers of arms within this realm, which for the most part are not qualified for using of the said office, being admitted by extraordinary and inopportune suits, by whose abuse the lieges of this realm are heavily troubled and oppressed, therefore it is statute and ordained that the said king of arms by advice of the lords of council and session deprive and discharge all such officers and messengers of arms as he shall find unworthy of the office and take reliable surety of the remainder for their observation of their injunctions in time coming, with power to the said king of arms, with advice of the said lords, to enjoin further necessary injunctions to the said messengers for keeping of good order in their offices, discharging him in the meantime to admit any more officers hereafter until the whole messengers presently bearing arms be reduced by death or deprivation to the number contained in the act of parliament made regarding the confused number of officers of arms.

⁴Item, for remedy of the great questions and debates that arise at all parliaments and other solemn conventions regarding the ranking of noblemen according to the ancientness of their house and priority of their votes, our sovereign lord, with advice of his said estates in parliament, gives, grants and commits full power and commission to William [Douglas], earl of Angus, lord Douglas and Abernethy, George [Keith], earl Marischal, lord Keith, Master Robert Douglas, provost of Lincluden, collector general, Adam [Bothwell], bishop of Orkney, Sir Robert Melville of Murdocairnie, knight, treasurer, Sir Richard Cockburn, younger, of Clerkington, secretary, Robert [Keith], lord Altrie, Sir John Cockburn of Ormiston, knight, justice clerk, Alexander Hay of Easter Kennet and Sir David Lindsay of the Mount, knight, lyon king of arms, or any four of them, the said Earl Marischal and lyon being always two, to convene, consult, try and give their advice subscribed with their hands how all the estates of this realm shall ride from the king's palace to the parliament house and toward their sitting and voting therein. Item,⁵ last, that because the jurisdiction of the lyon king of arms is not able to execute due punishment upon all persons that shall happen to offend in the office of arms, therefore our sovereign lord, with advice of his estates in parliament, ordains and commands all civil magistrates as they shall be required by the king of arms or any others in his name to concur with him to see the acts made in his favour of his office put to due execution in their jurisdictions, as also to concur with him to the punishment and incarceration of all such persons as shall usurp the bearing of his majesty's arms after due deprivation under the pain of rebellion and putting of the disobeyers to his highness's horn, with certification to them if they fail, being required, letters shall be directed simply to put them to the horn.