Graham Milne
2012-08-06 15:22:12 UTC
Anyone care to comment on the following statement? The Acts are at:
http://www.heraldica.org/topics/britain/lyondocs.htm
With regard to the power of earls and lords of regality to grant arms, it would be nonsensical if an earl could nobilitate (e.g. make a baron) but not grant the marks of nobility (i.e. arms) at the same time. Since arms are the means by which nobility is distinguished it follows that a right to nobilitate must necessarily imply a right to grant arms. A careful reading of the Acts of Parliament of 1592 and 1672 establishing the powers and duties of the Lord Lyon reveals that the 1592 Act conferred the power to visit (i.e. examine) the arms of noblemen, barons and gentlemen, to distinguish (i.e. to grant marks of difference to cadet branches) and to matriculate (i.e. record) arms, to inhibit common sort of people from bearing arms and to impose penalties on those who contravene the Act. There is nothing here that prevents an earl or lord of regality from exercising an existing right to grant arms or which says that arms already granted by such people before that date were not valid. The 1672 Act provides that everyone who uses arms should submit an account of their arms with evidence confirming their right to the arms, gives the Lord Lyon the power to grant arms to virtuous and well-deserving people (but this does not necessarily exclude others from doing the same), to furnish extracts of registered arms and to impose or remit penalties for the unauthorised use of arms (but this does not means that arms authorised by others are unlawful). The Act also says that the Lyon's register will be the true and unrepealable rule of all arms and bearings in Scotland but this does not of itself prevent arms granted otherwise than by the Lord Lyon from being recorded in the register. In other words, there is nothing in either of these Acts which gives the Lord Lyon the exclusive right to grant arms or which deprives those who had that right from exercising it in the future. It is true that Sir Thomas Innes of Learney in his 'Scots Heraldry' (2nd ed., p. 83) quotes the case of Macdonell v Macdonald (1826) to the effect that 'a person cannot create arms unto himself' in support of his assertion that the 'the granting of arms is part of the Royal Prerogative committed to the Kings of Arms' but these words do not exclude an earl or lord of regality from granting arms. Note that even today some nobles still appoint their own pursuivants, such as the Finlaggan Pursuivant to the Baron Macdonald of Sleat, the Slains Pursuivant to the Earl of Erroll, the Garioch Pursuivant to the Countess of Mar and the Endure Pursuivant to the Earl of Crawford and Balcarres, although these pursuivants do not grant arms.
http://www.heraldica.org/topics/britain/lyondocs.htm
With regard to the power of earls and lords of regality to grant arms, it would be nonsensical if an earl could nobilitate (e.g. make a baron) but not grant the marks of nobility (i.e. arms) at the same time. Since arms are the means by which nobility is distinguished it follows that a right to nobilitate must necessarily imply a right to grant arms. A careful reading of the Acts of Parliament of 1592 and 1672 establishing the powers and duties of the Lord Lyon reveals that the 1592 Act conferred the power to visit (i.e. examine) the arms of noblemen, barons and gentlemen, to distinguish (i.e. to grant marks of difference to cadet branches) and to matriculate (i.e. record) arms, to inhibit common sort of people from bearing arms and to impose penalties on those who contravene the Act. There is nothing here that prevents an earl or lord of regality from exercising an existing right to grant arms or which says that arms already granted by such people before that date were not valid. The 1672 Act provides that everyone who uses arms should submit an account of their arms with evidence confirming their right to the arms, gives the Lord Lyon the power to grant arms to virtuous and well-deserving people (but this does not necessarily exclude others from doing the same), to furnish extracts of registered arms and to impose or remit penalties for the unauthorised use of arms (but this does not means that arms authorised by others are unlawful). The Act also says that the Lyon's register will be the true and unrepealable rule of all arms and bearings in Scotland but this does not of itself prevent arms granted otherwise than by the Lord Lyon from being recorded in the register. In other words, there is nothing in either of these Acts which gives the Lord Lyon the exclusive right to grant arms or which deprives those who had that right from exercising it in the future. It is true that Sir Thomas Innes of Learney in his 'Scots Heraldry' (2nd ed., p. 83) quotes the case of Macdonell v Macdonald (1826) to the effect that 'a person cannot create arms unto himself' in support of his assertion that the 'the granting of arms is part of the Royal Prerogative committed to the Kings of Arms' but these words do not exclude an earl or lord of regality from granting arms. Note that even today some nobles still appoint their own pursuivants, such as the Finlaggan Pursuivant to the Baron Macdonald of Sleat, the Slains Pursuivant to the Earl of Erroll, the Garioch Pursuivant to the Countess of Mar and the Endure Pursuivant to the Earl of Crawford and Balcarres, although these pursuivants do not grant arms.