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Lyon Court

arms, lord, acts, entitled, practice, qv, grant and family

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LYON COURT, one of the inferior courts of Scotland, having jurisdiction in questions regarding coat-armor and precedency, and also in certain matters connected with the executive part of the law. It is presided over by the Lyon, king-of-arms (q.v.) or lord Lyon. Attached to the Lyon court are a certain number of heralds (q.v.) and pursui rants (q.v.) appointed by hint, whose principal duty is now the execution of royal proc lamations in Edinburgh, though the heralds were, in old times, to some extent associated with Lyon in the exercise of his jurisdiction. Lyou appoints the messengers-at-arms (officers who execute the process of the court of seSsion), superintends them in the execu tion of their duty; and in the exercise of bis judicial function, takes cognizance of com plaints against them, and fines, suspends, or deprives them for malversation. It was formerly the practice for Lyon to appoint a deputy, who assisted him more or less in his judicial duties; but act 30 Viet. c. 17 has made it incompetent for him to do so in future. Among the officials of his court are the Lyon-clerk and keeper of records, formerly appointed by him, but in future to be appointed by the crown; the procurator fiscal, or public prosecutor; a herald painter; and a messenger-at-arms, who acts as Dineen The jurisdiction of the Lyon court is defined by two acts of the Scottish par liament, 1592, c. 127, and 1672, c. 21, and further regulattd by 30 Viet. c. 17. The Scotch acts authorize the lord Lyon to inspect the ensigns armorial of all noblemen and gentlemen in Scotland, and oblige all persons who, by royal concession or otherwise, had previously a right to arms, to matriculate or register them in the Lyon's books. Ile is empowered to inquire into the relationship of younger branches of families having right to arms, and to " assign suitable differences to them, without which the arms can not lawfully be borne." The later act establishes the now existing register of the Lyon court as " true and unrepeatable rule of all arms and bearings in Scotland," and authorizes the lord Lyon to give artns to virtuous and well-deserving persons," not hitherto entitled to bear them. The unlawful bearing of arms subjects the delinquent to a fine, and confiscation of all the movable goods and gear on which the said arms are engraven or otherwise represented. Both acts are in full force: the differencing of cadets and granting of new coats are 'natters of daily practice in the Lyon office. On

cause shown, Lyon also empowers applicants to alter or add to the coat to which they are already entitled, aud sanctions the adoption of quarterings to indibate representation. He grants arms in conformity to stipulations in entails or other deeds of settlement, imposing on the heirs succeeding the condition of assuming a certain name and arms. When a change of surname is connected with a change of arms, it is the practice to grant an official recognition of the new surname along with the patent of arms, the cer tificate of which recognition serves the same purpose in the case of a Scotchman as the royal license does in the case of an Englishman, and is required by the war office and admiralty from officers in the army and navy. In his judicial capacity, Lyon investi gates and decides in claims to particular coats of arms or armorial distinctions, his decision being subject to review in the court of session.

Bight to bear aims is acquired either by descent or by grant. 1. In the former case, only the representative or head of the family can use the undiffereneed coat; but a cadet, on presenting a petition to the lord Lyon, and establishing his relateionship, has, by a matriculation, the family coat assigned to him, with such a difference as, according to the rules of heraldry, appropriately sets forth his relationship to the head of the family and to other cadets already matriculated. The mere fact of one's bearing the same sur name with a family entitled to arms, confers no sort of right to wear these arms, differ enced or untlifferenced. 2. Where no hereditary- right exists or can be proved, an original grant of arms may be bestowed by the lord Lyon. As in the case of a matric ulation, a petition is presented to the Lyon court, which, in this case, need be accom panied with no evidence of pedlgTee; and in granting new coats, it is the duty of the f,yon to conform to the rules of good heraldry, and be observant. of the rights of other parties. With these reservations, the wishes of the applicant are consulted as to the arms which he is to bear. The fees are now regulated by 30 Viet. c. 17, and atnount to about 1.14 for a matriculation, where relationship is proved, and for an original grant, t42. An additional charge is made for supporters (q.v.), which are only giveu to those persons who are entitled to them by the heraldic practice of Scotland.

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