Court of the Lord Lyon
Court of the Lord Lyon | |
---|---|
Monarch of the United Kingdom | |
Authorized by | Lyon King of Arms Act 1592 and subsequent statutes |
Appeals to | Civil: Inner House of the Court of Session Criminal: High Court of Justiciary |
Website | www |
Lord Lyon King of Arms | |
Currently | Joseph Morrow CVO CBE KStJ KC |
Since | 17 January 2014 |
The Court of the Lord Lyon, or Lyon Court, is a standing court of law, based in New Register House in Edinburgh, which regulates heraldry in Scotland. The Lyon Court maintains the register of grants of arms, known as the Public Register of All Arms and Bearings in Scotland, as well as records of genealogies.
The Lyon Court is a
Its equivalent in England, Wales, and Northern Ireland, in terms of awarding arms, is the College of Arms, which is a royal corporation and not a court of law. The High Court of Chivalry is a civil court in England and Wales with jurisdiction over cases dealing with heraldry.
Remit and jurisdiction
Rights to arms and pedigree
Part of a series on |
Scots law |
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The Lyon Court is directly responsible for the establishment of the
When sufficient evidence is attested to these rights, a judicial 'Interlocutor' or warrant will be issued by the Lord Lyon.[2] This power of the Lord Lyon is derived from the monarch's royal prerogatives, which has been delegated to the office by law.[3] The warrant will then authorise the Lyon Clerk and Keeper of the Records to prepare Letters Patent of the particular coat of arms or genealogy to be recorded in the: Public Register of All Arms and Bearings in Scotland or in the Public Register of All Genealogies and Birthbrieves in Scotland.[2] The fees on all of these procedures are payable to the Exchequer.[3] This is in contrast to the College of Arms in London, which, being an independent corporate body rather than a government department, reinvests all fees into itself.
Jurisdiction
The Court does not have universal jurisdiction and usually cannot accept applications (petitions) from abroad. According to the Court's official publication on its website, "the governing factor in the case of an original Grant of Arms is the domicile of the petitioner or the ownership of property in Scotland." In the second case, when the petitioner is not able to reside on the land, e.g. forestry land, the land is usually not able to bring the owner into the Lord Lyon's jurisdiction. One major exception from this principle applies to Commonwealth citizens if their local jurisdiction does not have its own heraldic office. "Commonwealth citizens, in particular those of Scottish descent - save for Canada and South Africa which have their own heraldic authorities - can apply to the Lord Lyon King of Arms."[4]
Protection of arms
The penal aspect of the Court is concerned with the protection of the rights of both private individuals and of the Crown (in the form of the Scottish Government) in Scottish armorial bearings.[2] The Lord Lyon also has control over messengers-at-arms, judicial officers responsible for serving documents and enforcing legal orders throughout Scotland.[2][5]
The protection of the rights to arms is of signal importance because persons and corporation have paid fees to the Crown in return for exclusive rights to use those armorial bearings. A coat of arms can only belong to one particular person at a time. Without such protection, a coat of arms would be useless as a form of identification and worthless as a piece of private property.[2] Furthermore, a misappropriation or unauthorised use (displaying or usurping) of a man's coat of arms is still considered a 'real injury' under Scottish common law.[2]
Accordingly, an owner of a Scottish coat of arms may obtain a judicial order in the Court against anybody using his arms. The Crown and the public have an interest in these cases: the Crown has such an interest because, in Scotland, all fees on the registration of armorial bearings and pedigrees are payable to HM Treasury; the public has an interest in terms of the prevention of fraud and of the misappropriation of property. Individual coats of arms are also considered legal evidence, which means that they could be used in legal cases concerning the establishment of succession or identity.[2]
Punishment
The Lyon Court, like all Scottish courts has a
Historically the punishment for the usurpation of arms were severe. In Acts dated 1592 and 1672, the Court was given the full power to fine and imprison offenders.[2][6][7] In 1669 the Court was given the power to issue letters of horning. As well as the full power: to erase unwarranted arms, to 'dash them furth of' stained-glass windows and to break unwarranted seals. Where the cases involve forfeiture, the Court could grant a warrant for the seizure of movable goods and gear where unwarranted arms are found.[2][8]
Judges and office holders
Officers of the Lyon Court
The only judge of the Lyon Court is the Lord Lyon King of Arms. The Lord Lyon is part of the judiciary of Scotland but is not subject to the discipline of the Lord President of the Court of Session. The Lord President's powers of discipline are outlined in the Judiciary and Courts (Scotland) Act 2008 and the Courts Reform (Scotland) Act 2014 – the Lord Lyon is included in neither Act. The administration of the Court is also separate from the Scottish Courts and Tribunals Service.[9][10][11]
The other officers of the Lyon Court are the
Lord Lyon
The
The Lord Lyon has administrative functions, and is responsible for granting commissions to Messengers-at-Arms. The power to appoint the Lord Lyon is vested in the Monarch of the United Kingdom by section 3 of the Lyon King of Arms Act 1867.[13][14]
Lyon Clerk and Keeper of Records
The Lyon Clerk is responsible for the administration of the Lyon Court. With every submission of application for a grant of arms, a matriculation of arms or the recording of genealogy must be made through the Lyon Clerk. This submission must be done either personally, by an intermediary agent or by correspondence, the Lyon Clerk is required to personally interview and reply to each applicant.[15] As such the Lyon Clerk must take receipt of all documents and evidence submitted by the applicant in each case. Finally after the grant or matriculation has been made the Lyon Clerk must ensure that the resulting patent of arms is properly illuminated and emblazoned for the applicant and for the Lyon Court's register.[16]
As Keeper of the Records, the Lyon Clerk is responsible for the maintenance of the Public Register of All Arms and Bearings in Scotland. This is done through the regular addition of new grants and matriculations. The Lyon Clerk must ensure that members of the public have access to the register by facilitating searches and studies of the records.[16]
The Lyon Clerk's salary is paid for by the Crown. This has been the case since the Lyon King of Arms Act of 1867. [13]
Procurator Fiscal
The Procurator Fiscal to the Court of the Lord Lyon is responsible for investigating complaints about usurpation of coats of arms (someone using arms to which they are not entitled) or the use of unregistered homemade coats of arms. The Procurator Fiscal can either issue a letter or warning, and where needed initiate a prosecution before the Lyon Court. The Procurator Fiscal undertakes these prosecutions on behalf of the Lord Advocate.[17]
The Procurator Fiscal is
Current officers
The composition of the Lyon Court as of September 2021 is:[20]
Court of the Lord Lyon | |||
Insignia | Office | Arms | Name (Date of appointment) |
---|---|---|---|
Lord Lyon King of Arms | Joseph Morrow, CVO, CBE, KStJ, KC, DL (17 January 2014)[21] | ||
Lyon Clerk and Keeper of the Records | Russell Hunter Esq. (25 June 2018)[22] | ||
Procurator Fiscal to the Court of the Lord Lyon |
Alexander M. S. Green Esq., M.Theol (Hons), LL.B, LL.M, M.Litt. FSA Scot (3 August 2010)[23][24][25] | ||
Other officials | |||
Herald Painter to the Court of the Lord Lyon | Ms. Clare McCrory (1 September 2021)[26][27] | ||
Lyon Macer | David Walker Esq. (1 May 2018)[22] | ||
Office Manager | Ms Jacqueline Higginson | ||
Ceremonial & Development Officer | Ms Fiona Mackay | ||
Honorary Vexillologist to the Court of the Lord Lyon | Philip Tibbetts Esq.
| ||
Honorary Photographer | Edward Mallinson Esq. |
Officers of arms
HM Officers of Arms come under the control of the Lord Lyon and are members of the Royal Household in Scotland, however they are not officers of the Court of the Lord Lyon. They carry out many ceremonial duties in Scotland, such as on state and royal occasions and those in connection with Scottish public life. They may act as professional consultants in the realms of heraldry and genealogy, like an advocate or a law agent for members of the public and could appear for their clients before the Lyon Court as well as in the English Court of Chivalry.[30]
Formerly there were: six
Other ceremonies in which the HM Officers of Arms take part include; the announcement of the
Currently there are three Heralds of Arms in Ordinary and three Pursuivants of Arms in Ordinary.[23] This brings the number of the Ordinary officers to six.
From time to time, others can be appointed temporarily or as a recognition of their work. These are styled Heralds or Pursuivants Extraordinary. Currently there are two Heralds of Arms Extraordinary and three Pursuivants of Arms Extraordinary.
In
His Majesty's Officers of Arms as of September 2022 are:[32]
Vacant offices
Heralds of Arms | |||
Insignia | Office | Notes | |
---|---|---|---|
Ross Herald of Arms | |||
Orkney Herald of Arms | |||
Snawdoun Herald of Arms | |||
Pursuivants of Arms | |||
Bute Pursuivant of Arms | |||
Kintyre Pursuivant of Arms | |||
Dingwall Pursuivant of Arms |
Private Pursuivants
Private Pursuivants of Arms | |||
Arms of Chief | Office | Names | |
---|---|---|---|
Slains Pursuivant of Arms of Clan Hay |
Reginald John Malden (2016) | ||
Garioch Pursuivant of Arms of the Earl of Mar |
Lt-Cmdr Laurence of Mar, MA, FSA Scot, ATCL, RN (2013) | ||
Endure Pursuivant of Arms of Clan Lindsay |
The Hon. Alexander Walter Lindsay (2006) | ||
Finlaggan Pursuivant of Arms of Clan Donald |
Thomas Miers (2009) |
See also
- Bureau of Heraldry (South Africa)
- Canadian Heraldic Authority
- College of Arms (London)
- Council of Heraldry and Vexillology (Belgium)
- Flemish Heraldic Council
- Office of the Chief Herald of Ireland
References
- ^ "Where To Find Us". National Records of Scotland. 31 May 2013. Retrieved 6 December 2019.
- ^ a b c d e f g h i j k Innes of Learney & Innes of Edingight, p.8
- ^ a b Innes of Learney & Innes of Edingight, p.9
- ^ "Coats of arms". www.courtofthelordlyon.scot. Retrieved 14 December 2018.
- ^ Debtors (Scotland) Act 1987 (1987 c.18, Part V)
- ^ Lyon King of Arms Act 1592, Section 1
- ^ Lyon King of Arms Act 1672
- ^ Lyon King of Arms Act 1669
- ^ "Chapter 5 of Judiciary and Courts (Scotland) Act 2008". www.legislation.gov.uk. The National Archives. 29 October 2008. Retrieved 3 April 2017.
- ^ "Judicial independence". judiciary-scotland.org.uk. Judicial Office for Scotland. Archived from the original (PDF) on 14 February 2021. Retrieved 3 April 2017.
- ^ "Courts Reform (Scotland) Act 2014". www.legislation.gov.uk. The National Archives. 10 November 2014. Retrieved 2 April 2017.
- ^ a b c Innes of Learney & Innes of Edingight, p.7
- ^ a b c "Lyon King of Arms Act 1867", legislation.gov.uk, The National Archives, 1867 c. 17
- ^ "Advisory Council on Messenger-at Arms and Sheriff Officers". www.scotcourts.gov.uk. Scottish Courts and Tribunals Service. Retrieved 8 April 2017.
- ^ Stevenson p.51
- ^ a b Stevenson p.52
- ^ "What we do | Procurator Fiscal to the Court of the Lord Lyon". www.procuratorfiscallyoncourt.org.uk. Procurator Fiscal to the Court of the Lord Lyon Products. Retrieved 8 April 2017.
- ^ "Part 5 | Convention Rights (Compliance) (Scotland) Act 2001". www.legislation.gov.uk. The National Archives. 5 July 2001. Retrieved 8 April 2017.
- ^ Scottish Executive (10 January 2001). "Policy Memorandum | Convention Rights (Compliance) (Scotland) Bill" (PDF). parliament.scot. The Scottish Parliament. Archived from the original (PDF) on 9 April 2017. Retrieved 8 April 2017.
- ^ "about us". www.courtofthelordlyon.scot. Retrieved 1 September 2021.
- ^ "New Lord Lyon King of Arms appointed" (Press release). Scottish Government. 17 January 2014. Retrieved 4 February 2018.
- ^ a b "About the Court and Office". The Court of the Lord Lyon. Retrieved 14 August 2018.[permanent dead link]
- ^ a b "Court Artists and Calligraphers". The Court of the Lord Lyon. Archived from the original on 26 March 2019.
- ^ "Procurator Fiscal to the Court of the Lord Lyon". Retrieved 2 June 2011.
- ^ "Lyon Court fiscal appointed". The Journal Online. Retrieved 2 June 2011.
- ^ "court artists". www.courtofthelordlyon.scot. Retrieved 1 September 2021.
- ^ "New Appointments at the Lyon Court". New Appointments at the Lyon Court. Retrieved 1 September 2021.
- ^ "Honorary Vexillologist at Lyon Court". The Court of the Lord Lyon. Retrieved 14 August 2018.
- ^ "Scotland's first honorary vexillologist helps communities fly the flag". The Scotsman. Retrieved 15 August 2018.
- ^ a b Innes of Learney & Innes of Edingight, p.6
- ^ Lyon King of Arms Act 1867, Section 7
- ^ "officers of arms". www.courtofthelordlyon.scot. Retrieved 1 September 2021.
- ^ "No. 27082". The Edinburgh Gazette. 17 April 2012. p. 1037.
- ^ "New Appointments at the Lyon Court". New Appointments at the Lyon Court. Retrieved 1 September 2021.
- ^ "islay". www.courtofthelordlyon.scot. Retrieved 1 September 2021.
- ^ "New Appointments at the Lyon Court". New Appointments at the Lyon Court. Retrieved 1 September 2021.
- ^ "rothesay". www.courtofthelordlyon.scot. Retrieved 1 September 2021.
- ^ "carrick". www.courtofthelordlyon.scot. Retrieved 1 September 2021.
- ^ "New Appointments at the Lyon Court". New Appointments at the Lyon Court. Retrieved 1 September 2021.
- ^ "ormond". www.courtofthelordlyon.scot. Retrieved 1 September 2021.
- ^ "New Appointments at the Lyon Court". New Appointments at the Lyon Court. Retrieved 1 September 2021.
- ^ "unicorn". www.courtofthelordlyon.scot. Retrieved 1 September 2021.
- ^ "No. 26645". The Edinburgh Gazette. 19 June 2009. p. 2905.
- ^ "New Appointments at the Lyon Court". New Appointments at the Lyon Court. Retrieved 1 September 2021.
- ^ "albany". www.courtofthelordlyon.scot. Retrieved 1 September 2021.
- ^ "New Appointments at the Lyon Court". New Appointments at the Lyon Court. Retrieved 1 September 2021.
- ^ "linlithgow". www.courtofthelordlyon.scot. Retrieved 1 September 2021.
- ^ "New Appointments at the Lyon Court". New Appointments at the Lyon Court. Retrieved 1 September 2021.
- ^ "Falkland". www.courtofthelordlyon.scot. Retrieved 20 November 2018.
- ^ "New Appointments at the Lyon Court". New Appointments at the Lyon Court. Retrieved 1 September 2021.
- ^ "march". www.courtofthelordlyon.scot. Retrieved 1 September 2021.
Bibliography
- ISBN 978-0-11-495784-1.
- ISBN 0-7179-4224-7.
- Stevenson, John Horne (1914). Heraldry in Scotland. Glasgow: J. Maclehose and sons. OL 24871294M.
Statutory Acts
- Lyon King of Arms Act 1592
- Lyon King of Arms Act 1669
- Lyon King of Arms Act 1672
- Lyon King of Arms Act 1867
External links
- Official website
- Procurator Fiscal to the Court of the Lord Lyon
- The Heraldry Society of Scotland
- Report on the Court of Lord Lyon (1822). Tenth Report of the commissioners appointed for inquiring into the Courts of Justice in Scotland. Parliamentary Papers, House of Commons and Command, Volume 8