[1672/6/57]¹

Act concerning the priviledges of the office of lyon king at armes

Our soveraigne lord, considering that albeit by the 125[th] act of the 12[th] parliament, holdin by his majesties' grandfather in the yeir 1592, the usurpation of armes by any of his majesties' leidges without the authority of the lyon king of armes, is expresly discharged; and that in order therto, power and commission is granted to the lyon king of armes, or his deputes, to visite the whole armes of noblemen, barrons and gentlemen, and to matriculate the same in their registers, and to fine in one hundreth pounds, all others who shall unjustlie usurp armes; as also to escheit all such goods and geir as shall have unwarrantable armes ingraven on them. Yet, amongst the many irregularities of these late times, very many have assumed to themselvis armes, who should bear none, and many of these who may in law bear, have assumed to themselvis the armes of their cheiff, without distinctions, or armes which were not caried by them or their predicessors. Therfore his majestie, with advice and consent of his estates of parliament, ratifies and approves the forsaid act of parliament, and for the more vigorous prosecution therof, doth hereby statute and ordain that lettirs of publication of this present act be direct to be execute at the mercat cross of the heid burghs of the shires, stewartries, bailliaries of royaltie and regallitie and royall burrowghs, chargeing all and sundry prelates, noblemen, barons and gentlemen who make use of any armes or signes armoriall, within the space of one yeir aftir the said publication, to bring or send ane account of what armes or signes armoriall they are accustomed to use; and whither they be descendants of any familie, the armes of which familie they bear and of what brother of the familie they are descended, with testificats from persones of honour, noblemen or gentlemen of qualitie, anent the verity of their having and useing those armes, and of their descent as afoirsaid, to be delivered either to the clerk of the jurisdiction where the persones duells, or to the lyon clerk at his office in Edinburgh, at the option of the party, upon their receipts gratis, without paying any thing therfore; which receipt shall be a sufficient exoneration to them, from being obleidged to produce again, to the effect that the lyon king of armes may distinguish the saids armes with congruent differences, and may matriculat the same in his bookes and registers, and may give armes to vertuous and well deserving persones, and extracts of all armes, expressing the blasoning of the arms undir his hand and seall of office, for which shall be payed to the lyon the soume of tuentie merkes by every prelat and nobleman, and ten merks be every knight and baron, and five merkes by every other persone bearing armes, and noe more. And his majestie hereby dispensses with any penalties that may arise be this or any preceiding act for bearing armes, befor the proclamation to be issued hereupon. And it is statute and ordained, with consent forsaid, that the said register shall be respected as the true and unrepeallable rule of all armes and bearings in Scotland, to remain with the lyon's office as a publict register of the kingdome, and to be transmitted to his successors in all tyme comeing; and that whosoevir shall use any other armes any manner of way, aftir the expireing of year and day from the date of the proclamation to be issued hereupon in maner forsaid, shall pay one hundred pounds money toties quoties to the lyon, and shall likewayes escheat to his majestie all the moveable goods and geir upon which the saids armes are engraven, or otherwise represented. And his majestie, with consent forsaid, declaires that it is onlie allowed for noblemen and bishopes to subscrive by their titles, and that all others shall subscrive their christned names, or the initiall letter therof, with there sirnames, and may, if they please, adject the designations of their lands prefixing the word 'off' to the saids designations. And the lyon king at armes, and his brethren, are required to be carefull of informeing themselvis of the contraveiners heirof, and that they acquaint his majesties' councill therwith, who are hereby impowered to punish them as persones disobedient to and contraveiners of the law. It is likewise hereby declaired that the lyon and his brethren heraulds are judges in all such causes concerning the malversation of messingers in their office, and are to enjoy all other priviledges belonging to their office, which are secured to them by the lawes of this kingdome, and according to former practice.