HM New Register House, Edinburgh

Just off Edinburgh’s bustling Princes Street sits a grand old building that houses hundreds of years worth of Scotland’s records. HM New Register House is well known as home to the General Register Office for Scotland but also houses the Court of Lord Lyon – Scotland’s centuries-old heraldic authority that can be traced back to at least 1388. The court regulates and has jurisdiction over matters relating to Scottish heraldry, which includes establishing and issuing Coats of Arms and maintaining the Public Register of All Arms and Bearings and the Public Register of Genealogies and Birthbrieves in Scotland.

Inside the first-floor office, bookshelves stacked full of leather-bound publications line the corridor that is also decorated with heraldic antiquities including tabards and carved coats of arms of past knights of the Order of the Thistle. Central to the Lyon Court is the Lord Lyon King of Arms and the Lyon Clerk and Keeper of Records, the latter from whom I’ve come to receive an introduction on all things heraldry. While the Lord Lyon is the judge responsible for determining and granting new arms, the Lyon Clerk puts the Lord Lyon’s instructions into operation and makes sure they are properly adhered to. The Lyon Clerk is also specifically responsible for the maintenance of the registers and records within the office.

The position of Lyon Clerk is currently held by Elizabeth Roads LVO, whose other quite separate hats include assistant secretary to the Order of the Thistle and Snawdoun Herald of Arms. Mrs. Roads started off as the then Lord Lyon’s assistant in 1975 on return to Edinburgh from overseas travel. She came from a fine arts background, and had no particular knowledge of heraldry other than how it related to art and decoration. “I’ve been here for nearly 39 years, which the then Lord Lyon is probably laughing at, bless his heart. I told him I didn’t think it was likely I would stay here more than five years.”

In 1986 Mrs. Roads was appointed Lyon Clerk, the first woman to be so, and said that the job hadn’t changed an awful lot during her 26 year tenure in the post. “The office has existed in its current form since at least the late 17th century. So 40 years isn’t a very long time in the court’s existence. I would like to think that if Colonel Lawson (Lyon Clerk 1929-1966) walked in now, he would be able to sit down at this desk and do exactly the same job as he did in 1929.” One thing that has changed is the amount of correspondence received from all over the world, as a result of the enormous quantity of genealogical information available online. Thus a large number of the court’s records have been digitised and archived online, available to view and download at £10 per record.

Grant of Arms issued by The Lyon Court

In order to apply for a new Coat of Arms, or marticulate older arms, Lyon Clerk recommends doing as much research as possible into heraldry beforehand. “Very often [applicants will] come and have a chat with us first about the process. It’s a formal process so you have to lodge a petition and give us such documentary evidence as is necessary for your particular case.” Information about applying is available on the court’s website, with petitioners increasingly using this avenue to begin their heraldic journey. In terms of designing a Coat of Arms, very often petitioners will come with only the broadest of ideas, in which case the Lord Lyon or Lyon Clerk will work out something that is simple, clear and appropriate. “For private individuals our starting point would always be their surname. If it’s an established Scottish surname then we’ll look at what the underlying arms of the chief are and use that as the basis.”

Perhaps the most common misconception among applicants is who a Coat of Arms belongs to. “A Coat of Arms belongs to a person, not a family. It’s a piece of personal property that will pass down an individual’s senior line. A family Coat of Arms just doesn’t exist”. Lyon Clerk likens it to saying that you have a family passport, or a family driver’s licence.

The application involves fees which go to the Exchequer and the heraldic artists and calligraphers who hand-paint the arms on vellum paper. The Exchequer’s fees are paid as protection so that if somebody misuses your arms, the Crown will take action at no cost to you. “Normally it doesn’t get as far as prosecution. In fact in my time only once has someone insisted on using arms to which they were not entitled, which resulted in prosecution. If arms are being used unlawfully then the Procurator Fiscal to the Court of the Lord Lyon will write to them saying they shouldn’t be doing so. They’ll then provide advice as to what they should do if they want their own Coat of Arms.”

Along with arms enquiries, the court also receives many queries from people asking about clans, with questions ranging from what their clan or family is, who their chief is and what tartan to wear. “We get a lot of these sorts of general queries very often because they don’t know where else to go. This office is sort of thought of as being the office that knows everything. Sometimes we do know the answer and can help and sometimes we merely direct them towards the answer.” In fact, the only relationship the court has with the clans is when a chief comes to record their coat of arms. “We’re only concerned with the heraldry of the clan chief. Lyon doesn’t recognise a clan chief as such. What he does is vest that person in what are called the Undifferenced Arms of the Name, showing they are the principle person of their name and the clan chief.” The Standing Council of Scottish Chiefs, the organisation that represents chiefs of clans and families in Scotland, will only invite chiefs to be members if they have been granted the Undifferenced Arms of the Name by Lord Lyon.

Clan Gunn Badge – Aut pax aut bellum (Either peace or war)

The majority of clans have a fairly clear succession down the senior line so the question of who is the rightful chief is usually straightforward. However, when the line has been lost it presents huge problems and a large amount of research must be undertaken. In order to assign a new chief, concrete evidence must be shown by the petitioner that the line has died out completely. “A particular instance would be Clan Gunn where we know what the principle line was. What we don’t know is what happened to [the many] descendents of that line. They undoubtedly will still be there, it’s just a matter of who they are and where they are now.” When a chief is missing, a commander can be appointed. The current commander of the Clan Gunn is Iain Gunn of Banniskirk who has been the clan’s leader for a very long time. Lyon Clerk added he is an efficient and effective commander. But there are an enormous amount of Gunn descendents and the search continues in determining exactly who is the senior descendent.

Commanders can go on to become chiefs, as in the case of Clan MacArthur, where the principle line was lost around 1820. “It took a lot of research but it was possible to show that actually those people all died without issue.” The resulting research showed that the commander was in fact the senior line of the surviving genealogical descendants. The Lyon Court is a court of law, therefore they are unable to undertake the successional research which then comes before them to be examined. Clan and family societies are very often the bodies who drive chieftainship petitions, with Lyon Clerk stating that it’s not their role to decide who should become chief, but rather to present research to the court.

One of the most enjoyable parts of Lyon Clerk’s job is providing genealogical records to those who are tracing their roots. “There is absolutely no classic person you can say is going to take an interest in heraldry or genealogy. People come from all sorts of backgrounds and there’s no rhyme or reason why people take an interest in it, so I get to meet an enormously interesting cross section of people.” For budding genealogists, Lyon Clerk says it’s easy to get back to the middle of the nineteenth century with no difficulty because birth, marriage and death records were statutory. Prior to that it helps if you’re tracing an unusual surname. She also adds to remember: “if you can’t find records, it doesn’t mean they don’t exist”. Genealogical websites have different records so it’s important to check out a few. Names were also sometimes spelt phonetically, so you won’t necessarily get the spelling you’re looking for. Lyon Clerk’s own genealogical journey has revealed such esteemed ancestors as Robert the Bruce and a 17th century Lord Lyon. “As one of my predecessors said, no individual has a longer genealogy than anyone else, they just happen to know more. I warn you now, it’s a complete drug. You always think – I wonder if I can just find that little bit more.”

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Dr Joseph Morrow, 38th Lord Lyon King of Arms

Hot off the Heraldry press, we’re pleased to report that a new Lord Lyon King of Arms was appointed in Edinburgh last week. Dr Joseph Morrow, an advocate with degrees in theology law, was appointed as the 38th Lord Lyon following the resignation of David Sellar MVO, FSAScot, FRHistS late last year.

Dr Morrow has been a student of heraldry and has a special interest in ecclesiastical history and 35 years’ experience of the practical application of ceremonial within a variety of settings including State, Civil, Military and Ecclesiastical areas of Scottish life. The part-time appointment, made under section 3 of the Lyon King of Arms (Scotland) Act 1867, is based at Edinburgh’s New Register House. It was made following advertisement, interview of a short-list of candidates by a selection board followed by recommendation to the First Minister. The final decision on the appointment was made by the Queen.

The Lyon Court regulates and has jurisdiction over matters relating to Scottish heraldry, which includes establishing and issuing Coats of Arms and maintaining the Public Register of All Arms and Bearings and the Public Register of Genealogies and Birthbrieves in Scotland. Lord Lyon is the sole King of Arms in Scotland and is specifically responsible for determining and granting new arms. The Standing Council of Scottish Chiefs, the organisation that represents chiefs of clans and families in Scotland, will only invite chiefs to be members if they have been granted the Undifferenced Arms of the Name by Lord Lyon.

At present, Dr Morrow is the President of the Mental Health Tribunal for Scotland, and President of the Additional Support Needs Tribunals and a First-Tier Tribunal Judge dealing with asylum and immigration issues.

He has held a number of professional positions outwith the legal field including Convener of the Development Department of Dundee City Council, Board Member of Scottish Enterprise Tayside, Board Member of the Angus and Dundee Tourist Board, Chair of the Dundee Waterfront Development Board, Chair of the Trustees of the Tayside Superannuation Fund and Vice Chair of the Court of the University of Abertay.

In 2009 he was appointed as a Vice Lord Lieutenant for the City of Dundee and in that capacity has regularly received members of the Royal Family to the City. He is an Incumbent of the Chapel of Glamis Castle.

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Mr David Sellar, 37th Lord Lyon

The Lord Lyon King of Arms, Scotland’s chief heraldic officer and the most junior of Scotland’s Great Officers of State, is set to step down later this year. Mr. David Sellar was appointed to the role in 2008 and will retire in December after five years in the role.

The Lyon Court regulates and has jurisdiction over matters relating to Scottish heraldry, which includes establishing and issuing Coats of Arms and maintaining the Public Register of All Arms and Bearings and the Public Register of Genealogies and Birthbrieves in Scotland. Lord Lyon is the sole King of Arms in Scotland and is specifically responsible for determining and granting new arms.

The post is appointed on the recommendation from Scotland’s First Minister, and appointed by Her Majesty the Queen under section 3 of the Lyon Kings of Arms (Scotland) Act 1867. Applications are currently being accepted and close on the 31st of October. The vacancy listing on the Scottish Courts website states that applicants must be legally qualified.

Current and 37th Lord Lyon Mr David Sellar (1941) is a also a solicitor, herald and genealogist, with degrees from Oxford and Edinburgh in history and law respectively. He has published works on the Lordships of the Isles and the origins of many Highland families including the Campbells, MacDonalds, MacDougalls, MacLeods, Lamonts, Maclachlans and MacLeods. He is also a Fellow of the Royal Historical Society and has served as a member of the Ancient Monuments Board for Scotland and was the vice-president of the Society of Antiquities of Scotland.

The 300 year old Lyon Court, located just off Edinburgh’s Princes Street, is the oldest heraldic court in the world that is still in daily operation. It is fully integrated into the Scottish legal system and has the power to bring criminal charges against people in Scotland for the misuse of heraldry on behalf of the court’s dedicated prosecutor, the Procurator Fiscal. In 2008 Donald Trump faced prosecution by the court for using a coat of arms which had not been approved to promote his golf club.

The post Situation Vacant: Lord Lyon King of Arms appeared first on ScotClans | Scottish Clans.

The earliest recorded use of the Lion rampant as a royal emblem in Scotland is by Alexander II in 1222; with the additional embellishment of a double border set with lilies occurring during the reign of Alexander III (1249–1286). This emblem occupied the shield of the royal coat of arms of the ancient Kingdom of Scotland which, together with a royal banner displaying the same, was used by the King of Scots until the Union of the Crowns in 1603, when James VI acceded to the thrones of the Kingdom of England and Kingdom of Ireland. Since 1603, the Lion rampant of Scotland has been incorporated into both the royal arms and royal banners of successive Scottish then British monarchs in order to symbolise Scotland; as can be seen today in the Royal Standard of the United Kingdom. Although now officially restricted to use by representatives of the Sovereign and at royal residences, the Royal Standard of Scotland continues to be one of Scotland’s most recognisable symbols.”

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Sir Francis Grant, Lord Lyon King of Arms

In Scotland the Court of the Lord Lyon is responsible for heraldic matters. It is the oldest heraldic court  in the world that is still in daily operation. As well as overseeing state functions in Scotland the Lord Lyon is responsible for the grant of arms as well as ensuring that existing arms are not abused. The misuse if arms in Scotland is actually a criminal offence and treated in the same way as offences such as tax evasion.

The last revision of the Lyon Act was in 1672 and forms the basis of the regulation on how coats of arms are used and of course since a clan crest is a component of a clan chief or armigeror’s arms then it also covers how clan crests are used. Very often we have requests from people wanting to use our artwork of a chiefs coat of arms or clan crest for a business card or stationary. A request which we have to politely decline.

Michael Grewer; a Scots lawyer with a considerable interest and expertise in heraldry  has kindly allowed us to use his translation of the Lyon Act of 1672.

Lord Lyon Act 1672 (Translation from old Scots Into English by Michael Grewar)

Concerning the Privileges of the Office of Lyon King of Arms

Our Sovereign considering that, albeit by the 125 act of the 12 Parliament, holding by his Majesty’s grandfather in the year 1592, the usurpation of arms by any of his Majesty’s lieges without the authority of the Lyon King of Arms is discharged; And that, in order thereto, power and commission is granted to the Lord Lyon, King of Arms, or his Deputes, to visit the whole arms of Noblemen, Barons and Gentlemen, and to matriculate the same in their Registers, and to fine in One Hundred pounds all others who shall unjustly usurp Arms; As also to confiscate all such goods and possessions as shall have unwarrantable Arms engraved on them. Yet amongst the many irregularities of these late times, very many have assumed themselves arms, whom should bear none, and many of these who may in law bear, have assumed to themselves the arms of their Chief, without distinctions or arms which were not carried by themselves or their predecessors; Therefore His Majesty with the advice of the three Estates of Parliament, Ratifies and Approves the foresaid Act of Parliament; and for the more vigorous prosecution thereof, do hereby statute and ordain that letters of publication of this present Act be directed to be executed at the market cross of the head Burghs of the Shires, Stewartries, Bailliaries of Royalty and Regality, and Royal Burghs, charging all and sundry Prelates, Noblemen, Barons and Gentlemen, who make use of any Arms, or ensigns Armorial, within the space of one year after the said publication, to bring or send an account of what Arms or ensigns Armorial they are accustomed to use; and whether they are descendants of any family the Arms of which family they bear, and of what Brother of the family they are descended; with testaments from persons of honour, Noblemen or Gentlemen of quality, with the intention of them having and using those arms, and of their descent as aforesaid, to be delivered either to the Clerk of the jurisdiction where the person dwells, or to the Lyon Clerk at his office in Edinburgh, at the option of the party upon their receipts gratis without paying anything therefore; Which Receipt shall be a sufficient exoneration to them from being obliged to produce again, to the effect that Lyon King of Arms may distinguish the said Arms with congruent differences, and may matriculate the same in his books and Registers, and may give Arms to virtuous and well deserving persons and extracts of all Arms, expressing the blazoning of the Arms under his hand and seal of office; for which shall be payed to the Lyon the sum of twenty merks by every Prelate and Nobleman, and ten merks by every Knight and Baron; and five merks by every other person bearing arms and no more; and his Majesty hereby dispenses with any penalties which may arise from this or any preceding Act for bearing Arms before the proclamation to be issued hereupon; And it is Statute and Ordained, with the consent foresaid, that the said register shall be respected as the unrepealable rule of all Arms and Bearings in Scotland, to remain with the Lyon’s office as a public register of the Kingdom, and to be transmitted to his Successors for all time coming; And whosoever shall use Arms in any manner of after the expiring of one year and a day from the date of the proclamation to be issued hereupon in the manner aforesaid, shall pay one hundred pounds money toties quoties to the Lyon, and shall likewise confiscate to his Majesty all the moveable goods and possessions upon which the said Arms are engraved, or otherwise represented: And his Majesty with the consent foresaid, declares that it is only allowed for Noblemen and Bishops to subscribe by their titles; and that all others shall subscribe with their Christian names, or the initial letter thereof with their surnames, and may, if they please adject the designations of their lands, prefixing the word “Of” to the said designations: And the Lord Lyon King-at-Arms, and his Brethren are required to be careful of informing themselves of the contraveners hereof, and that they acquaint his Majesty’s Council therewith, who are hereby empowered to punish them as persons disobedient to, and contraveners of the law: It is likewise hereby declared that the Lyon and his Brethren heralds are judges in all such causes concerning the malversation of messengers in their office, and are to enjoy all other privileges belonging to their office which are secured to them by laws of this Kingdom, and according to former practice.

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