consisted in preserveing the noble office of Armes in carefull registrating of the Geneologies, to be patent to all posterity, or whom els it may concerne, And to that effect, vnderstanding that the casualties, fies, and dewties vnderwritten, Doth in all reason, law, and equity belong to the Lyon King-of-Armes, be vertew of his office, viz., at the funeralls and interments of each Duke, Dutches, or Dukes relict, Sex hundreth pund Scots; each Marques, Marchiones, or Marques relict, Four hundreth and fourscore punds; every Archbishop, Four hundreth punds; everie Earle or Countes, or Earles relict, Three hundreth and threescore punds; everie Viscount or Viscountesse, or Viscounts relict, Three hundreth and fourty punds; each Bishop, Three hundreth and fourty punds; each Lord of Parliament whatsumever, thair Ladies or relicts, Three hundreth punds: Which casualities and dewties abovewritten are to be paid, in all tyme comeing, by the saids Noblemen and Ladies, thair airs and executors, imediatly after the decease or funeralls of the defuncts, ffor entering in his booke the Certificats of thair matches and issues, with the propper Armes perteaneing to their familie, to remaine therin ad futuram rei memoriam, Did, be his letters-patent vnder the privy Seale of tuenty-sevent of Junij 1633, Confirme the then Lord Lyon and his successors in the saids fies, dueties, and casualities, With power to him to vplift the saids fies, and vse all execution for the same, As in the said Gift is more amplie exprest; And his Maiestie now considering how much the honor and interest of the Kingdome is concerned in the due exercise of the Office of the Lyon, and in the right disposal and carieing of Armes, Doth therfor, with advice and consent of his estates of Parliament, Renew, Ratifie, and Approve the Act of Parliament above mentioned and gift vnder his Maiesties privy Seall, and all other gifts and grants formerly granted and given in favours of the Lyon King-of-Armes and his successors, And ordaines them to be punetually observed and put in execution, Conform to the tenor thairof, in all tyme comeing; And furder, considering what disorders and confusions have arisen, and are dayly occasioned by the Vsurpation of Cadents, who, against all rules, assume to themselffs the armes of the cheeff house of the familie out of which they are descendit, And that other mean persones who can nowayes deryve thair succession from the families whose names they bear, As they have at first assumed the name, Doe therafter weare the coat of that name to which they pretend without any warrand or grund whatsumever, Doth

with advice foresaid Statute and Ordean that no younger brother or cadent of any familie presume to carie the armes of that familie, bot with such distinctions as shall be given be the Lyon King-of-Armes ; And that no man carie the Armes of any noble familie of his name, Except he make it appear to the Lyon (who is heirby declared to be the only Judge competent in such caces and debates) that he is descendit of that family; And for right ordering all these confusions which have creept in in these latter tymes in the carieing of Armes, It is heirby ordained, That all Noblemen and Gentlemen shall have thair armes examined and renewed be the Lord Lyon and insert in his registers, and receave ane extract vnder his hand to be preserved be them, And that all such who, according to the addition of their honours, are to receave additions to their coats of Armes, That they receave the same from the Lyon, And whoever shall offer to assume any addition without his approbation, They are to be punished according to the Acts of Parliament made against the bearers of false armes: And that no Painters, Maisons, Goldsmiths, Wrights, Gravers or any other of that nature, take vpon them to grave, cut, paint, or carve any armes whatsoever, Bot such as are approven be the Lyon King-of-armes; And remits to the Lords of his Maiesties privy Councill the further prosecution of this Act and the makeing of it effectuall, With power to them to make and set doun such acts and orders theranent and for modifieing of fies, wher the samen are not modified alreadie, and doeing every other thing which they shall think fit for the establishing of the Lyons Office and the right ordering of armes within this Kingdome; Which acts and ordinances to be made be his Maiesties privy Councill, in pursueance of this present warrand, Shall be accompted, and are to have als much strenth as any Act of this or any other Parliament: And for the better mantaineing of the forsaid Office, his Maiestie and Estates of Parliament hes exeemed, And be thir presents exeemes the said Lyon King of Armes and his successors, their persons, lands, and moveables fra all taxations, stents, watchings, wardings, impositions reall or personall, for any cause or occasion whatsumever; Dischargeing heirby all and sindrie his Maiesties liedges to trouble or molest him or them by the exaction of any such imposition above mentioned, Bot to be frie from this present and in all tyme comeing And it is heirby declared, That the generall conception of this exemption shall nowayes derogat from the strenth and validitie thairof, Bot that, notwithstanding of the generality,

:

they shall enjoy the benefite of it as fully, amplie, and validlie, As if all the saids taxations and others imposed, or to be imposed, wer particularly therin specified.

3.—1663, c. 15 (Car. 11.)

ACT rescinding a former Act past in the last Session of Parliament, anent some fies acclamed as due to the Lord Lyon's Office.

THE Estates of Parliament, haveing taken to consideration ane Act past in the Second session of Parliament, entituled Act in favours of the Lord Lyon, Doe find ane vnnecessar and heavy burding therby layd vpon his Maiesties leidges, both in the sumes therby appointed to be payd to the Lord Lyon, and in many other particulars mentioned in the said Act, And therfor his Maiestie, with advice and consent of his Estates of Parliament, Doth heirby Rescind and annull the said Act past in the second session of Parliament, entituled Act in favours of the Lord Lyon, and als the pretendit Gift mentioned therin, pretendit to be granted be his late Maiestie of blessed memorie to the former Lord Lyons bot never past the Sealls, And declares the said Act and Gift therinmentioned voyd and null ab initio, as if they had never been.

4.-1672, c. 21; fol. edit., c. 47 (Car. 11.)

ACT concerning the Priviledges of the Office of Lyon King-at-
Armes.

OUR SOVERAIGNE LORD Considering that, albeit by the 125 Act of the 12 Parliament, holdin by his Maiesties grandfather in the yeir 1592, the usurpation of Armes by any of his Maiesties 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 Maiestie, 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 Royaltic and Regallitie, and Royall Burrowghs, chargeing all and sundry Prelates, Noblemen, Barons, and Gentlemen, who make vse 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 vse; and whither they be descendants of any familie the Armes of which familie they bear, and of what Brother of the ffamilie they are descended; With Testificats from persones of Honour, Noblemen, or Gentlemen of qualitie, anent the verity of their having and vseing 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, vpon their receipts gratis without paying anything 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, vndir 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 Maiestie hereby Dispensses with any penalties that may arise be this or any preceiding Act for bearing Armes befor the Proclamation to be issued herevpon 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 Lyons office as a publict Register of the Kingdome, and to be transmitted to his Successors in all tyme comeing: And that whosoevir shall vse any other Armes any manner of way aftir the expireing of year and day from the date of the Proclamation to be issued herevpon, in maner forsaid, shall pay One Hundred pounds money toties quoties to the Lyon, and shall likewayes escheat to his Maiestic all the move

able Goods and Geir vpon which the saids Armes are engraven or otherwise represented: And his Maiestie, 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 initial letter therof with there sirnames, and may, if they please, adject the designations of their lands, prefixing the word "Of" 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 Maiesties 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.

No. V.

LIST OF SCOTTISH HERALDIC AND GENEALOGICAL MSS.

I. ADVOCATES' LIBRARY.

1. Heraldic Register of Sir David Lindsay of the Mount, Lyon King-at-Arms, 1530-55, folio (31. 4. 3.), published in facsimile by Mr. Laing of the Signet Library (supra, pp. 42, 69).

2. "XI Octob. 1586. Collectanea Domini Davidis Lindesay De Mounthe, Militis, Leonis Armorum Regis" (nephew of the compiler of the preceding Ms.) The title is in the handwriting of Sir James Balfour. A folio of 129 leaves (of which 37 are blank), in a hand of the sixteenth century. On folio 61 is a subscription which may be that of Lindsay. The volume contains, inter alia :—

An award of the Constable of France regarding the precedency of Heralds and Sergeants at Arms, 1447.

The duties of Heralds, and a Treatise for their instruction on the subject of Coat Armour.

"Liber Armorum.

How gentlemen salbe knauin from churles-of knighthood and gentlemen-of coats of arms and their blazoning." (31. 3. 20.)