| Court of the Lord Lyon | |
|---|---|
 The arms of office of the Lord Lyon King of Arms  New Register House, Edinburgh | |
 Interactive map of Court of the Lord Lyon | |
| 55°57′14″N3°11′24″W / 55.954°N 3.190°W /55.954; -3.190 | |
| Established | 1532; 493 years ago (1532) |
| Jurisdiction | Scotland |
| Location | New Register House 3 West Register Street Edinburgh EH1 3YT[1] |
| Coordinates | 55°57′14″N3°11′24″W / 55.954°N 3.190°W /55.954; -3.190 |
| Composition method | Appointed by theMonarch |
| Authorised by | Lyon King of Arms Act 1592 and subsequent statutes |
| Appeals to | Civil:Inner House of theCourt of Session Criminal:High Court of Justiciary |
| Website | www |
| Lord Lyon King of Arms | |
| Currently | Joseph Morrow CVO CBE KStJ KC |
| Since | 17 January 2014 |
TheCourt of the Lord Lyon, orLyon Court, is a standingcourt of law, based inNew Register House in Edinburgh, which regulatesheraldry inScotland. The Lyon Court maintains the register of grants ofarms, known as thePublic Register of All Arms and Bearings in Scotland, as well as records ofgenealogies.
The Lyon Court is apublic body, and the fees for grants of arms are paid toHis Majesty's Treasury. It is headed by the Right Honourable theLord Lyon King of Arms, who must be legally qualified, as he has criminal jurisdiction in heraldic matters, and the court is fully integrated into theScottish legal system, including having a dedicatedprosecutor, known in Scotland as aprocurator fiscal.
Its equivalent inEngland,Wales, andNorthern Ireland, in terms of awarding arms, is theCollege of Arms, which is a royalcorporation and not a court of law. TheHigh Court of Chivalry is acivil court inEngland and Wales with jurisdiction over cases dealing with heraldry.
| Part of a series on |
| Scots law |
|---|
 |
The Lyon Court is directly responsible for the establishment of therights to arms andpedigree. These can include the granting and regranting of armorial bearings byletters patent and various Birthbrieves, such as Diplomas of Nobility or of the Chiefship (Diploma Stemmatis). All of these actions must begin with a formal petition to the court.[2]
When sufficient evidence is attested to these rights, a judicial 'Interlocutor' or warrant will be issued by the Lord Lyon.[2] This power of the Lord Lyon is derived from the monarch's royal prerogatives, which has been delegated to the office by law.[3] The warrant will then authorise theLyon Clerk and Keeper of the Records to prepare Letters Patent of the particularcoat of arms orgenealogy to be recorded in the:Public Register of All Arms and Bearings in Scotland or in thePublic Register of All Genealogies and Birthbrieves in Scotland.[2] The fees on all of these procedures are payable to the Exchequer.[3] This is in contrast to theCollege of Arms inLondon, which, being an independent corporate body rather than a government department, reinvests all fees into itself.
The court does not have universal jurisdiction and usually cannot accept applications (petitions) from abroad. According to the court's official publication on its website, "the governing factor in the case of an original Grant of Arms is the domicile of the petitioner or the ownership of property in Scotland." In the second case, when the petitioner is not able to reside on the land, e.g. forestry land, the land is usually not able to bring the owner into the Lord Lyon's jurisdiction. One major exception from this principle applies toCommonwealth citizens if their local jurisdiction does not have its own heraldic office. "Commonwealth citizens, in particular those of Scottish descent – save for Canada and South Africa which have their own heraldic authorities – can apply to the Lord Lyon King of Arms."[4]
Thepenal aspect of the court is concerned with the protection of the rights of both private individuals and ofthe Crown (in the form of theScottish Government) in Scottish armorial bearings.[2] The Lord Lyon also has control overmessengers-at-arms, judicial officers responsible for serving documents and enforcing legal orders throughout Scotland.[2][5]
The protection of the rights to arms is of signal importance because persons and corporation have paid fees to the Crown in return for exclusive rights to use those armorial bearings. A coat of arms can only belong to one particular person at a time. Without such protection, a coat of arms would be useless as a form of identification and worthless as a piece of private property.[2] Furthermore, a misappropriation or unauthorised use (displaying or usurping) of a man's coat of arms is still considered a 'real injury' under Scottish common law.[2]
Accordingly, an owner of a Scottish coat of arms may obtain ajudicial order in the court against anybody using his arms. The Crown and the public have an interest in these cases: the Crown has such an interest because, in Scotland, all fees on the registration of armorial bearings and pedigrees are payable toHM Treasury; the public has an interest in terms of the prevention of fraud and of the misappropriation of property. Individual coats of arms are also consideredlegal evidence, which means that they could be used in legal cases concerning the establishment of succession or identity.[2]
The Lyon Court, like all Scottish courts has apublic prosecutor; styled 'Procurator Fiscal to Lyon Court', who is independently appointed by theScottish Ministers. He raises proceedings, when necessary, against those who improperly usurp armorial bearings. The punishment for this offence is set out in several Scottish statutes acts. The court has the power to fine and to ensure items bearing the offending Arms are removed, destroyed or forfeited. In lieu of the financial interests of the Treasury, theHigh Court of Justiciary will therefore sometimes regard cases brought by the Procurator Fiscal similarly to those of theInland Revenue. Accordingly, an armorial offender was viewed as sternly as any other evading national taxation.[2] This is in contrast to theCourt of Chivalry inEngland, which has similar powers to the Lyon Court, but is a civil court, and has met only once in the last 230 years, in 1954, and is unlikely to sit again unless for a substantial cause.
Historically the punishment for the usurpation of arms were severe. In theLyon King of Arms Act 1592 and theLyon King of Arms Act 1672, the court was given the full power to fine and imprison offenders.[2][6] In theLyon King of Arms Act 1669 the court was given the power to issueletters of horning. As well as the full power: to erase unwarranted arms, to 'dash them furth of' stained-glass windows and to break unwarranted seals. Where the cases involve forfeiture, the Court could grant a warrant for the seizure of movable goods and gear where unwarranted arms are found.[2]
The only judge of the Lyon Court is the Lord Lyon King of Arms. The Lord Lyon is part of thejudiciary of Scotland but is not subject to the discipline of theLord President of the Court of Session. The Lord President's powers of discipline are outlined in theJudiciary and Courts (Scotland) Act 2008 and theCourts Reform (Scotland) Act 2014 – the Lord Lyon is included in neither act. The administration of the court is also separate from theScottish Courts and Tribunals Service.[7][8][9]
The other officers of the Lyon Court are theLyon Clerk and Keeper of the Records whose appointments are made byroyal sign-manual, and the Procurator Fiscal who is independently appointed by the Scottish Ministers. Both officers are registered inThe Edinburgh Gazette. There is also a Macer to the Lord Lyon who is a seniorMessenger-at-Arms. The Macer appears when the court is sitting in public and when proclamations are made by the Lord Lyon.
TheLord Lyon King of Arms is the chief heraldic officer of Scotland andGreat Officer of State and ajudge in thejudiciary of Scotland.[10] The Lord Lyon's judicial duties concerningScottish heraldic business and heraldic laws are conducted through the machinery of the Court of the Lord Lyon. The court exercises bothcivil and penal jurisdiction under the old common law of Scotland and manyacts of Parliament.[10]
The Lord Lyon has administrative functions, and is responsible for granting commissions tomessengers-at-arms. The power to appoint the Lord Lyon is vested in themonarch of the United Kingdom by section 3 of theLyon King of Arms Act 1867.[11][12]
The Lyon Clerk is responsible for the administration of the Lyon Court. With every submission of application for agrant of arms, a matriculation of arms or the recording of genealogy must be made through the Lyon Clerk. This submission must be done either personally, by an intermediary agent or by correspondence, the Lyon Clerk is required to personally interview and reply to each applicant.[13] As such the Lyon Clerk must take receipt of all documents and evidence submitted by the applicant in each case. Finally after the grant or matriculation has been made the Lyon Clerk must ensure that the resulting patent of arms is properly illuminated and emblazoned for the applicant and for the Lyon Court's register.[14]
As Keeper of the Records, the Lyon Clerk is responsible for the maintenance of thePublic Register of All Arms and Bearings in Scotland. This is done through the regular addition of new grants and matriculations. The Lyon Clerk must ensure that members of the public have access to the register by facilitating searches and studies of the records.[14]
The Lyon Clerk's salary is paid for by the Crown. This has been the case since theLyon King of Arms Act 1867.[11]
The Procurator Fiscal to the Court of the Lord Lyon is responsible for investigating complaints about usurpation ofcoats of arms (someone using arms to which they are not entitled) or the use of unregistered homemade coats of arms. The Procurator Fiscal can either issue a letter or warning, and where needed initiate a prosecution before the Lyon Court. The Procurator Fiscal undertakes these prosecutions on behalf of the Lord Advocate.[15]
The Procurator Fiscal islegally qualified, must either be anadvocate or asolicitor, and is appointed by theScottish Ministers. Until 2001 the Procurator Fiscal was appointed by the Lord Lyon, but in order to ensure compliance withArticle 6 of theEuropean Convention on Human Rights, the power to appoint the Procurator Fiscal was transferred to theScottish Ministers by theConvention Rights (Compliance) Scotland Act 2001.[11][16][17]
TheEarl of Erroll, andDuke of Hamilton serve as hereditaryassessors at the court of the Lord Lyon.[18]
The composition of the Lyon Court as of September 2021 is:[19]
| Court of the Lord Lyon | |||
| Insignia | Office | Arms | Name (Date of appointment) |
|---|---|---|---|
 | Lord Lyon King of Arms |  | Joseph Morrow, CVO, CBE, KStJ, KC, DL (17 January 2014)[20] |
 | Lyon Clerk and Keeper of the Records | Russell Hunter Esq. (25 June 2018)[21] | |
 | Procurator Fiscal to the Court of the Lord Lyon |  | Alexander M. S. Green Esq., M.Theol (Hons), LL.B, LL.M, M.Litt. FSA Scot (3 August 2010)[22][23][24] |
| Other officials | |||
 | Herald Painter to the Court of the Lord Lyon | Ms. Clare McCrory (1 September 2021)[25][26] | |
 | Lyon Macer | David Walker Esq. (1 May 2018)[21] | |
| Office Manager | Ms Jacqueline Higginson | ||
| Ceremonial & Development Officer | Ms Fiona Mackay | ||
 | Honorary Vexillologist to the Court of the Lord Lyon |  | Philip Tibbetts Esq.
|
| Honorary Photographer | Edward Mallinson Esq. | ||
HM Officers of Arms come under the control of the Lord Lyon and are members of theRoyal Household in Scotland, however they are not officers of the Court of the Lord Lyon. They carry out many ceremonial duties in Scotland, such as on state and royal occasions and those in connection with Scottish public life. They may act as professional consultants in the realms of heraldry and genealogy, like an advocate or a law agent for members of the public and could appear for their clients before the Lyon Court as well as in the English Court of Chivalry.[29]
Formerly there were: sixHeralds of Arms and sixPursuivant of Arms in Ordinary (full-time members) and at various times any number of Extraordinary officers. TheLyon King of Arms Act 1867 reduced the number of Ordinary officers to just three of each rank.[29][30] The act also set out their salaries and reaffirmed their rights and duties. These officers of arms wear thetabard of theRoyal Arms of the United Kingdom, with theScottish quarter taking precedence.[10] They frequently appear in this uniform, when accompanying the monarch in royal ceremonies whilst he is in Scotland.
Other ceremonies in which the HM Officers of Arms take part include; the announcement of thedissolution of Parliament from theMercat Cross on theRoyal Mile in Edinburgh, the inauguration of the governors ofEdinburgh Castle, and the ceremonial opening of the annual meeting of theGeneral Assembly of the Church of Scotland.
Currently there are three Heralds of Arms in Ordinary and three Pursuivants of Arms in Ordinary.[22] This brings the number of the Ordinary officers to six.
From time to time, others can be appointed temporarily or as a recognition of their work. These are styled Heralds or PursuivantsExtraordinary. Currently there are two Heralds of Arms Extraordinary and three Pursuivants of Arms Extraordinary.
InScotland there are also fourprivate pursuivants who are independent of Lyon Court. These officers are employed by Scottishnobles andchiefs and perform duties relating to genealogical, heraldic, and ceremonial matters of clan members.
His Majesty's Officers of Arms as of September 2022 are:[31]
| Heralds of Arms | |||
| Insignia | Office | Notes | |
|---|---|---|---|
 | Islay Herald of Arms | ||
 | Orkney Herald of Arms | ||
 | Snawdoun Herald of Arms | ||
| Pursuivants of Arms | |||
 | Ormond Pursuivant of Arms | ||
 | Dingwall Pursuivant of Arms | ||
 | Linlithgow Pursuivant of Arms Extraordinary | ||
| Private Pursuivants of Arms | |||
| Arms of Chief | Office | Names | |
|---|---|---|---|
 | Slains Pursuivant of Arms ofClan Hay | Reginald John Malden (2016) | |
 | Garioch Pursuivant of Arms of theEarl of Mar | Lt-Cmdr Laurence of Mar, MA, FSA Scot, ATCL, RN (2013) | |
 | Endure Pursuivant of Arms ofClan Lindsay | The Hon. Alexander Walter Lindsay (2006) | |
 | Finlaggan Pursuivant of Arms ofClan Donald | Thomas Miers (2009) | |
{{isbn}}: ignored ISBN errors (link).
| King of Arms | | |
|---|---|---|
| Officers of the Court |
| |
| Heralds of Arms | ||
| Pursuivants of Arms | ||
| Officers Extraordinary | ||
| Vacant Offices | ||
Royal heraldry in the United Kingdom | ||
|---|---|---|
| United Kingdom | .svg) | |
| England | ||
| Scotland | ||
| Wales | ||
| Administration (Executive) | .svg) | |
|---|---|---|
| Administration (Judicial) |
| |
| Judiciary | ||
| Civil courts |
| |
| Criminal courts | ||
| Specialist courts | ||
| Legal profession | ||
| Historical courts | ||