SUMMARY OF DUTIES.

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from noble and honourable lineage, when supported by proper evidence; and, consequently,

3. To determine all disputes and competitions that arise between different claimants regarding the right to use particular Coats of Arms.

may

4. To grant Armorial Ensigns to "virtuous and welldeserving persons" not previously entitled to bear them, according to his discretion.

5. To matriculate in his Official Register all the Armorial Bearings used within the Kingdom.

6. To furnish extracts (or authenticated copies) of the same, under his hand and seal of office, in accordance with a prescribed scale of charges.

7. To enforce the penalties imposed on the unlawful assumption of heraldic ensigns, by proceedings in his own Court.

CHAPTER IV.

PRACTICE OF THE OFFICE AND COURT OF THE LORD LYON

IN MATTERS OF HERALDRY.

As the business of the Office and Court of the Lord Lyon is chiefly of a ministerial nature, and as the cases which come before it as a judicial tribunal are not very numerous, there are no particular Sessions, Rolls, or days of Sederunt. These cases are advised in private by the Lyon-Depute, and his judgments are communicated through the Post-Office to the parties interested, or their agents, by the Lyon-Clerk or his assistant. The Solicitors are the same as those in the Court of Session. At the date of the Report of the Commissioners already referred to (1822), no holidays were observed in the Lyon Office, and the daily hours of attendance were from 10 to 4 and 6 to 8. At present, the office is open to the public every lawful day, except Saturdays and public holidays, between the hours of 12 and 2; but some of the officials are usually to be found during the other ordinary hours of business.

The general nature of the duties of the Lyon-Depute, in matters of Heraldry, will be gathered from what has been already stated respecting the jurisdiction of the Lord Lyon, for whom he officiates. Some of these duties,

DUTIES OF LYON-DEPUTE.

63

however, must now be more fully considered, and the subject of our inquiry may be appropriately introduced by the insertion of the principal portion of the deposition made by the gentleman who was appointed to fill the office of interim Lyon-Depute in the year 1819

66

Edinburgh, 27th June 1821.--In presence of the Commissioners, compeared Mr. George Tait, advocate, interim Lyon-Depute, who being solemnly sworn and interrogated, depones (inter alia), That the whole duty (of the Lord Lyon) has been delegated to the deponent, and is exercised by him; and that he has not known of any appeal being made from his decision to the Lord Lyon.. Being interrogated in what form the proceedings relative to claims for Armorial Bearings and competitions of such claims are carried on, depones, That such claims are usually made, in the first instance at least, by a verbal application, but that he has seldom disposed of any question of this kind, without some written statement from the parties having intervened; that parties are in the practice of applying to have their Arms registered, which applications are always stated to the deponent, and determined on by him, and are in no case granted as matter of course by the Clerk of Court; that since the deponent's appointment, several applications have been made for authority to the applicants to bear Supporters, but such authority has not hitherto been granted by him in any case, none of the parties applying having, in his opinion, established their right to obtain such authority; that some instances have also occurred, where applications have been made by persons

64

MR. TAIT'S DEPOSITION

stating themselves to be heirs-male of families, the senior branches of which had become extinct in the male line, and which claims have been decided on by the deponent; and one case is now depending where competition has occurred respecting the right of bearing the Arms of a particular family. Being interrogated, whether any record of the proceedings in such cases is made and preserved in the office, depones, That there is not, so far as the deponent knows; but when a case is disposed of by the Arms being granted, the grant is entered in the Register of Arms, and the relationship of the party is generally entered shortly in the grant; that the injunction of the Acts of the Scottish Parliament, requiring all persons to register their Arms, has not for many years past been strictly enforced, and there are many cases in which registration has not taken place, both with respect to those old families having right to Arms, and likewise to persons bearing Arms without any authority or legal right; that the Register of Arms is preserved and entire from the year 1672, or nearly that time, and consists partly of the entries of armorial bearings of old families having right at that time, and partly of later grants, which Register will be exhibited for the inspection of the Commissioners. Being interrogated, according to what rules or ordinances cases respecting the grant of Arms or competitions of claims between different parties are determined, and whether there is any record of proceed ings or decisions in such matters, depones, That he is not aware of any record of precedents in cases of this nature; that he has not, since his appointment, had

RELATIVE TO HERALDIC PRACTICE.

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occasion to decide in any formal or regular question of competition, but that the rules according to which he would form his opinion, and which he has observed in so far as he has been called upon to decide on claims presented, are those to be found in the Acts of the Scottish Parliament 1592, cap. 125, and 1672, cap. 21, and the rules laid down by Sir George Mackenzie, Nisbet, and other writers on Heraldry. Being interrogated, if there is any restriction observed with respect to the class or description of persons to whom a grant of arms should be allowed, depones, That such grants are not refused in any case where the persons applying are respectable, which the Deponent understands to be conformable to the practice now observed in all other Colleges of Arms; but with respect to the right of bearing supporters, this, the Deponent conceives competent to be granted in very few cases, and as already observed, has not been allowed in any case hitherto by him, and he will furnish the Commissioners with a statement of what he considers to be the rule applicable to this case. Being interrogated if any instance has occurred since he was in office in which a person has been prosecuted, as liable to fine, for bearing arms unduly, depones, That the Deponent did not find, upon coming into office, that the practice of levying such fines had been followed by his predecessor, or at least not for some years immediately preceding, and as his own appointment is ad interim, he has not thought it proper to adopt a different rule.

1 Report of the Commissioners on the Office and Court of the Lord

(Signed) "G. TAIT."1

Lyon (1822), Appendix No. 3, p.

50.

E