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CTS OF
PARLIAMENT AND COUNCIL RELATING TO ADMINISTRATION OF ARMORIAL BEARINGS
1672,
c. 21; fol. edit. C. 47 (Car. II)
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 caned by them or their predicessors: Therfore His Majestie,
with advice and consent of his Estates of Parliament, Ratifies and Approves
the forsaid Act of Parliament; And for the more vigorous prosecution thereof,
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 Royaltie 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 therefore; 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 Maiestie all the moveable Goods and Geir vpon which the saids
Armes are engraven or otherwise repre-sented : 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 initiall 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 impowe?ed to punish
them as persones disobedient to, and contraveiners of the Law: It is likewise
hereby Declared 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
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