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Those who wish to
use arms in any personal sense must petition for a Grant of Arms
or—if they can trace their ancestry back to a direct or, in some
cases collateral, ancestor—a "cadet matriculation" showing their
place within the family. When a grant, or matriculation, of arms is
successfully obtained, an illuminated parchment, narrating the
pedigree as proved, is supplied to the Petitioner, and a duplicate
is recorded in the Public Register of All Arms and Bearings in
Scotland and/or the Public Register of Genealogies and Birthbrieves.
Application for
such a Confirmation, by Letters Patent or Matriculation, from the
Lord Lyon King of Arms is the only way to obtain a genuine coat of
arms.
British Commonwealth. Anyone
domiciled in Her Majesty's realms overseas or in the Commonwealth
(except those of English, Welsh or Irish ancestry who should
approach Garter King of Arms in London or the Chief Herald of
Ireland in Dublin or Canadians who should approach the Chief Herald
of Canada in Ottawa) can apply to the Lord Lyon King of Arms of
Scotland for grant or matriculation of arms.
Foreign Countries. Arms are not
granted to non-British citizens (though those of Scottish ancestry
can apply to the Lord Lyon King of Arms for cadet-matriculations, as
above described) Moreover even if not of direct armigerous descent,
foreigners of Scottish descent can often arrange for a cousin in
Scotland, or in one of Her Majesty's overseas realms get arms
established by the Lord Lyon King of Arms, and thereafter themselves
to obtain a cadet matriculation. Each party is in such cases is
supplied with an illuminated parchment.
On behalf of the
Sovereign, the Lord Lyon King of Arms exercises the Royal
Prerogative committed to him by the Acts of 1672 cap. 47 and 1867 30
& 31 Vict. cap. 17, to grant Arms to .virtuous and well deserving
persons". The Court of the Lord Lyon is a court of law, and
applications for Arms are made by a formal "Petition". This is done
on the initiative of the person wishing to obtain Arms, who submits
a Petition to the Lord Lyon stating who he is and asking for Arms to
be granted to him.
The process is not
complicated, and there are four main varieties of Petition:
Petition for a new Grant of Arms
Petition for a Grant of Arms to an
Ancestor
Petition for a Matriculation of Arms
Petition for a Grant of Arms to a Company
Advice on any
special difficulties or any matters not covered can be obtained by
writing to the Lyon Clerk at the Court of the Lord Lyon, H.M. New
Register House, Edinburgh, EH1 3YT, and to whom all completed
Petitions should be sent. All such correspondence is 'CONFIDENTIAL:.
Once Arms have been
granted and recorded in the Public Register of All Arms and Bearings
in Scotland, they are protected under the law of Scotland. Any
infringement of a person's armorial rights in Scotland may be drawn
to the attention of the Procurator Fiscal to the Court of the Lord
Lyon, who may mount any necessary prosecution of the offender.
In return for this
permanent legal protection and for the maintenance of the permanent
registration of Arms in the Court of the Lord Lyon,
Fees are charged to the Petitioner. These fees are made up of
the dues to H.M. Treasury, Herald Painter's fees and costs of
materials in preparing the Petitioner's Letters Patent. This is his
title deed to his Arms, written in a formal script on vellum,
illustrating his Arms in full colour, and sealed with the Seal of
the Lord Lyon King of Arms. The fees are fixed by Statute, and rise
from time to time.
All statements made
in Petitions must be accompanied by legal proof, usually
Certificates of Birth and Marriage for statements of parentage and
ancestry. It is the Petitioner's responsibility to provide this
proof. Neither the Lord Lyon nor the Lyon Clerk may take any part in
providing the proof. Petitioners may employ their own genealogists
to provide the proof. They may employ any of them directly, at their
own responsibility, or with the assistance of an Officer of Arms.
Petitioners
requiring assistance in preparing the Petition may write to the Lyon
Clerk at the Court of the Lord Lyon stating their requirements and
objectives. If an Officer of Arms is engaged he will provide an
advance estimate of his fees for his professional assistance. If
required by the Petitioner he will take charge of any genealogical
research needed, employing the researchers and supervising their
work on behalf of the Petitioner, and will periodically report on
its progress as the Petitioner may require.
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