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STATUTORY PENALTIES.

rate of charge could not reasonably be suggested, at least in the case of new arms; but in the case of the representatives and cadets of families having an undoubted right to armorial ensigns before the year 1672, a modification of the respective fees might perhaps prove a judicious arrangement.

SECTION V.—PENALTIES FOR THE UNLAWFUL ASSUMPTION OF ARMORIAL BEARINGS.

The Penalties imposed on the unlawful use of armorial ensigns by the Statutes of 1592 and 1672 are:--1. Escheat to the Sovereign of all the goods and gear on which the said ensigns are engraven, painted, or otherwise represented; and,

2. Payment of one hundred pounds, toties quoties, to the Lyon.

Failing payment of the fine, as already stated, the Act of 1592 ordains incarceration in the nearest prison "during the pleasure of the Lyon ;" but this alarming alternative is not repeated in the later Statute, which also remits any penalties that may have been incurred "before the proclamation to be issued thereupon."

The Preamble of the Act of 1672 makes very pointed. reference to the prevailing irregularities with respect to the unlawful assumption of Arms, not only on the part of persons who should not bear any such distinctions, but also on the part of those who may legally bear them, and who either usurp the ensigns of their Chief without marks of difference, or adopt arms which were not carried by their predecessors. After ratifying the former Statute

MESSENGER'S CHARGE.

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of 1592, the Act ordains that, with a view to its more vigorous prosecution, "Letters of publication of this present Act be directed to be executed at the market-cross of the head Burghs of the Shires," etc., enjoining certain procedure, with reference to their arms, on the part of "all and sundry Prelates, Noblemen, Barons, and Gentlemen" who use any signs-armorial. The following is a copy of a Messenger's printed Charge, requiring compliance with the injunction of the Letters in question, a few years after the passing of the Statute :---“I, Messenger, by virtue of Letters of Horning raised at the instance of Sir Charles Areskine of Cambo, Knight Baronet, Lyon King-of-Armes: in our Soveraign Lord's Name and Authority, commands and charges you, -, to bring or send an accompt to the Complainer, or his Clerk in his Office at Edinburgh, of what Signs or Arms-armorial ye are accustomed to bear and use; and whether ye be descended of any Family the Arms whereof ye bear, and of what Brother of the Family ye are descended, with certificats from persons of Honour, Noblemen, and Gentlemen of Quality, anent the verity of your having and wearing these Arms, and of your descent as aforesaid, to the effect the Complainer may distinguish these Arms with congruent differences, and matriculate the same in his Books and Registers, and give Extracts of the Blazoning of the saidis Arms under his hand and seal of office; and also to pay to the Complainer the sum of an hundred pounds Scots, as the penalty already incurred by you through using your Arms any manner of way, after expiring of

year and day from the date of the Proclamation under written, issued upon the Act after specified, conform to an Act of Parliament, entituled 125 Act of K. James the Sixth, Parl. 12, anent the Office of the Lyon King-ofArms, and also conform to an particular Act of Ratification made in the first Session of the second Parliament, dated 23 September 1669. And to the letters of publication made upon the twenty-one Act of the third Session of the second Parliament of K. Charles the Second, after publication of year and day is expired, conform to the Principal Letters in all points, within six dayes next after this my Charge, under the pain of Rebellion, and putting you to the Horn; wherein if ye failzie, I will denounce, etc., conform to the saidis Letters, bearing date, The fourth day of June 1675.— Ex deliberatione Dominorum Consilii."1

After referring to the statutory pains denounced against the bearers of "false arms," the rescinded Act of 1662 expressly declares" that no painters, masons, goldsmiths, wrights, gravers, or any other of that nature, take

1 This Charge is pasted on the inside of one of the boards of a folio MS. in the Advocates' Library, containing "Illuminate Arms" by J. Sawers, Herald Painter in the reign of Charles I. (31. 4. 4.)

The undue assumption of arms appears to have been checked in England as early as the beginning of the fifteenth century, when an edict on the subject, to which we have already referred, was promulgated by Henry V. In the Order issued by the Earl Marshal of England, in 1509, the as

sumption of armorial ensigns without the authority of the College of Heralds is interdicted, "upon pain of imprisonment and fine at the King's pleasure." Again, in the year 1555, a Royal Commission of Visitation was directed to Clarenceux King-of-Arms, in which he is enjoined "to correct all false crests, arms, and cognizances;" and a few years later, the same officer was invested with similar authority, besides being empowered to levy fines from delinquents at his will and pleasure.

IRREGULARITIES OF PAINTERS, ETC.

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upon them to grave, cut, paint, or carve any arms whatsoever but such as are approven by the Lyon King-ofArms." The necessity for such an injunction is acknowledged by Nisbet in his remarks upon the frequent custom of persons assuming coats-armorial to which they have no legal right, and charging them with one of the minute. or temporary heraldic differences, by way of distinction. "We have reason to complain," he says, "of our goldsmiths, engravers, painters, masons, and carpenters, who are very ready, although altogether ignorant of the science, to give to those who employ them in any piece of work, coats-of-arms with some of the foresaid differences; not only to those who have right to carry arms, but even to some who ought not to be honoured with armorial bearings, although they be of some ancient surname. To which irregular and unwarrantable practice I wish the Lyon King-at-Arms would put a stop, by putting the Acts of Parliament in execution against such persons, by which the arms of our old gentry will be better known and more easily distinguished from new upstarts.'

"1

The irregularities in question do not appear to have been confined to this portion of the kingdom. In the letters-patent issued by Charles II., in 1682, authorizing an Armorial Visitation, it is declared that "no painter, glazier, goldsmith, graver, or any other artificer whatsoever he or they be, shall take upon them to paint, grave, glaze, carve, cut, devise, or set forth, by any ways or means, any manner of arms, crests, cognizances, pedigrees, or other devices appertaining to the Office of Arms, System of Heraldry, vol. ii. part iii. p. 17.

1

M

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"PROCURERS" OF ARMS.

otherwise or in any other form or manner than they may lawfully do, and shall be allowed by the said Clarenceux, his deputy or deputies, according to the ancient laws and statutes of arms." The same royal ordinance confers full power upon Clarenceux King-of-Arms and his deputies" to correct, control, and reform all manner of arms, crests, cognizances, and devices, unlawful, or unlawfully usurped, borne, or taken by any manner of person or persons, contrary to the due order of the law of arms, and to reverse, pull down, or otherwise to deface, as well in coat-armour, helm, banners, standards, pennon, and hatchments of tents and pavilions, as also in plate, jewels, paper, parchment, windows, gravestones, tombs, and monuments, or elsewhere, wheresoever they be set or placed, whether they be in shield, escutcheon, lozenge, square, roundle, or otherwise, contrary to the ancient laws, customs, rules, privileges, and orders of arms.”

There can be no doubt that, both in Scotland and England, many such irregularities have long been practised; but besides goldsmiths, painters, and engravers, there is a numerous class of pretenders, who profess to "procure" arms, and whose advertisements not unfrequently occupy a very prominent position in the periodicals of the day. With a smattering of heraldic knowledge,

1 As examples of recent announcements, we may give the following:

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FOR FAMILY ARMS.-Send Name and County to the Royal Heraldic Studio and Library; in a few days you will receive a correct copy of your Armorial Bearings. Plain sketch, 38.; in Heraldic colours, with written

description, 6s.; large size, 12s. Family Pedigrees, with original Grant of Arms, to whom and when granted, the origin of the Name, all traced from authentic records-Fee, Two guineas."

"Heraldic Queries answered; Family Arms found, and every infor