Information Leaflet No. 4
PETITIONS FOR ARMS
Introduction — Applying for Arms
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 three main varieties of Petition which are
listed on the opposite page and are set out in detail in this leaflet.
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. The current scale is
set out on the separate sheet appended to this leaflet.
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.
Applying for a New Grant of Arms
The
person wishing to apply for a new Grant of Arms to himself should do so
by submitting a formal Petition to the Lord Lyon King of Arms drawn up
as in the fictitious SPECIMEN on page 3 opposite. At the top, the
Petitioner should state his Christian names in full and his surname,
followed by any rank, decorations, qualifications and profession or
occupation, and end the paragraph with "residing at" followed
by his address. Beneath "HUMBLY SHEWETH" the Petitioner should
set out his ancestry, or as much of it as he wishes to have included in
his Grant of Arms and can prove. The Petitioner should set out the
details of his ancestry in numbered paragraphs, one per generation. The
proofs required are Certificates of Birth or Marriage for each fact
stated, or Certified Extracts from appropriate Registers, Census
Records, Wills, Sasines, etc.
The Certificates should
be accompanied by a separate "SCHEDULE OF PROOFS", with the
Certificates numbered as per the paragraphs in the Petition and listed
according to the facts they prove. A SPECIMEN SCHEDULE OF PROOFS for the
SPECIMEN PETITION opposite is given on the back page of this leaflet.
The Petition should then be signed and dated and sent with its
accompanying Certificates and SCHEDULE OF PROOFS to Lyon Clerk of the
Court of the Lord Lyon. It should be accompanied by a covering letter
from the Petitioner, indicating his views and wishes on the following
subjects.
The Letters Patent, which
the Petitioner will eventually receive when the Arms are granted, is a
formal title deed from the Crown. It is permanent in effect, granting
the Arms for ever and protecting them in the Laws of Scotland. The Arms
granted are heritable property, and will be inherited by the petitioner’s
heir, normally his eldest son, and by his eldest son in turn, and so on
for ever. Younger children inherit only a right to matriculate the Arms
with a slight difference added, and they must petition separately for
this to be done, as is set out on pp. 7 and 8 of this leaflet. The form
and content of the Arms should therefore be very carefully considered
before the Petitioner is permanently committed to them. The Lord Lyon is
pleased to consider the Petitioner’s own suggestions, and will write
and discuss them with him once the Petition has been received.
The Petitioner should
also carefully consider whom he wishes to inherit his Arms or a
different version of them. His wish is set out as a
"destination" for the Arms, destining them to all his
descendants, or the descendants of the father, or to any other such
limitation. The Lord Lyon will be pleased to discuss this too with the
Petitioner, and will advise him as need be.
When these matters have
been agreed, the Lord Lyon will pronounce his judgement and instruct
Lyon Clerk to prepare the Petitioner’s Letters Patent. The Petitioner
will then receive from Lyon Clerk a draft text for the Letters Patent
for him to check and approve, and a note of the fees to H.M.
Treasury and the Herald Painter which must now be paid.
Once the draft text has
been approved and the fees paid by the Petitioner, the Lyon Clerk will
in due course send him the Letters Patent granting the Arms. A copy of
the Arms and the text of the Letters Patent Is placed on record in name
of the Petitioner in the Public Register of All Arms and Bearings in
Scotland, and the process is complete.
Applying for a Grant of Arms to an
Ancestor
This
procedure may be used for nationals of other countries who wish Armorial
bearings.
The applicant is called
"The Petitioner", and should submit a formal
"Petition" to the Lord Lyon King of Arms, drawn up as in the
fictitious SPECIMEN on page 5 opposite. At the top, the Petitioner
should state his Christian names in full and his surname, followed by
any rank, decorations, academic qualifications, profession or
occupation, ending with "residing at..." followed by his
address in full and the words "for and in memory of" his
chosen ancestor for whom the Arms are being sought. Beneath "HUMBLY
SHEWETH" the Petitioner should set out his ancestry, back to the
ancestor for whom the retrospective Grant is being sought, in numbered
paragraphs in the way explained on page 4 of this leaflet. This account
should be accompanied by Certificates of Birth and Marriage for each
fact, and a separate SCHEDULE OF PROOFS listing them as explained on
page 4. Beneath the last paragraph of the ancestry, a final paragraph
(No. 4 opposite) should state the Petitioner’s wish in the wording
shown. This Is repeated In the Prayer at the end, after "MAY IT
THEREFORE", in the wording shown opposite.
The Petition should then
be signed and dated and sent with Its accompanying Certificates and
SCHEDULE OF PROOFS to the Lyon Clerk at the Court of the Lord Lyon, with
a covering letter setting out any ideas the Petitioner may have about
the form of the Arms to be granted. The Lord Lyon will later write and
discuss these with the Petitioner.
When these matters have
been agreed, the Lord Lyon will pronounce his judgement as to the form
of the Arms, and instruct Lyon Clerk to prepare the Letters Patent which
is the formal title deed to the Arms. The Petitioner will then receive
from Lyon Clerk a draft text for the Letters Patent for him to check and
approve, and a note of the fees due to H.M. Treasury and the Herald
Painter, which must now be paid. Once the draft text has been approved
and the fees paid, the Lyon Clerk will in due course send the Petitioner
the Letters Patent granting the Arms to him. A copy of the Arms and the
text of the Letters Patent is placed on record in name of the Petitioner
in the Public Register of All Arms and Bearings in Scotland, and the
process is complete.
NOTE:- In the
SPECIMEN opposite, the Arms sought for and in memory of Thomas Augustus
Blank will NOT have descended to the Petitioner, because his father
Lieutenant-Colonel Harold Andrew Blank was NOT the eldest son of Thomas
Augustus Blank. Lieutenant-Colonel Blank was the second son, and the
direct inheritance of the Arms of Thomas Augustus Blank will have gone
off to Lieutenant-Colonel Blank’s elder brother. Thus the Petitioner
will have to apply further for a Matriculation of Arms as set out on
pages 7 and 8.
All his male cousins will
be in the same predicament, except the eldest son of the eldest son of
Thomas Augustus Blank. It is not unknown for such groups of cousins to
dub together to share the cost of the retrospective Grant to the
ancestor, because thereafter they are all entitled to Matriculate cadet
Arms off the ancestor’s which is much less expensive as is set out In
the Scale of Fees appended to this leaflet.
Applying for a Matriculation off
existing Arms
Arms
are heritable property, and on the original owner’s death they descend
in terms of the destination, but usually to his eldest son, and in turn
to his eldest son, and so on for ever. A younger brother may inherit his
father’s Arms if the elder brother dies first and leaves no heirs of
his own. Otherwise younger sons and their descendants inherit a right to
apply for a Matriculation of their ancestral Arms with a small mark of
difference added, appropriate to their place in the family.
A descendant applying for
Arms is called the Petitioner, and he should submit a formal Petition to
the Lord Lyon King of Arms, drawn up as in the fictitious SPECIMEN on
page 7 opposite. In it he should set out his descent from the ancestor
who had recorded Arms and ask for the Arms to be
"matriculated" in his own name with a suitable mark of
difference.
At the top, the
Petitioner should state his Christian names in full and his surname,
followed by any rank, decorations, academic qualifications and honours,
profession or occupation, and "residing at" followed by his
address in full. Beneath "HUMBLY SHEWETH" the Petitioner
should set out his ancestry, back to the ancestor who had recorded Arms.
This should be done in numbered paragraphs, one to each generation, in
the way explained on page 4 of this leaflet and shown opposite. Proof of
each fact stated is required in the same way as on page 4 and
accompanied by a SCHEDULE OF PROOFS as shown on page 11. Beneath the
last paragraph of the ancestry, in a separate paragraph (No.4 opposite)
the Petitioner should set out the record of his ancestor’s Arms in the
Public Register of All Arms Bearings in Scotland in the way shown.
Finally he should formally state his wish in the wording shown on
paragraph 5 opposite, and repeat this wish in the formal Prayer at the
end in the wording shown opposite.
The completed Petition
should then be signed and dated and sent with its accompanying
Certificates of Birth and Marriage and the SCHEDULE OF PROOFS (see pages
4 and 11) to the Lyon Clerk at the Court of the Lord Lyon. While the
Arms will resemble the ancestor’s, the Crest and Motto can vary
considerably from the ancestor’s, perhaps reflecting the Petitioner’s
own occupation and outlook on life. The Lord Lyon will welcome the
Petitioner’s own views, and will discuss them with the Petitioner.
When these matters have
been agreed, the Petitioner will receive for his approval a draft text
for his Matriculation of Arms document, which is his title deed to the
Arms, and a note of the fees due at this point.
Once the draft text has
been approved and the fees paid by the Petitioner, the Lyon Clerk will
in due course send him his Extract of Matriculation. A copy of the Arms
and the text of the document is placed on record in name of the
Petitioner in the Public Register of All Arms and Bearings in Scotland,
and the process is complete.
Applying for a Grant of Arms to a
Company
Corporate
Bodies, such as local authorities, corporations, companies, limited
companies, partnerships, schools or any other formally established group
of people banded together for a common purpose, may apply for Arms. When
granted, the corporate body may then use its Arms in the same way as a
private person, to signify its identity and to mark its property or its
products. The Arms are the visual equivalent of the corporate body’s
name, and may be used wherever the written name would be appropriate,
either instead of the name or accompanying it. Guidance on the correct
usage of corporate Arms may be obtained from the Court of the Lord Lyon.
The application for Arms
should be made as a formal Petition to the Lord Lyon King of Arms, drawn
up as in the fictitious SPECIMEN on page 9 opposite. At the top, the
Petition should state the full Christian name and surname of an office
bearer or official of the organisation concerned, then "for and on
behalf of" and the corporate body’s name, ending with
"having Head Office at" and the address. Beneath "HUMBLY
SHEWETH" a brief account of the corporate body’s history
activities and standing should be given in numbered paragraphs, one fact
per paragraph. The Petition should be accompanied by proofs of these
facts, such as Articles of Association and Annual audited Accounts. The
proofs should be listed and numbered as they are in the paragraphs
setting out the facts they prove in a separate SCHEDULE OF PROOFS, as
shown in the genealogical SPECIMEN on page II of this leaflet. Beneath
this account, a final paragraph (No. 4 opposite) should state the
Petitioner’s plea in the formal wording shown. This is repeated in the
Prayer, after "MAY IT THEREFORE", in the wording shown.
The
completed Petition should be signed and dated by the Petitioners and
sent with its proofs and SCHEDULE OF PROOFS to the Lyon Clerk at the
Court of the Lord Lyon. Arms are granted only to proven reputable
corporate bodies, and generally they are required to have been
successfully in existence for at least three years before they can be
granted Arms. Arms are not granted to transient bodies or associations.
A covering letter with
the Petition may set out the Petitioners’ own ideas of the form of the
Arms preferred, which should be relevant to the corporate bodies'
activities, and which the Lord Lyon King of Arms will discuss with them.
The Petition may be withdrawn at any time if this agreement is not
achieved.
When these matters have
been agreed, the Lord Lyon will pronounce his judgement and instruct the
Lyon Clerk to prepare the Letters Patent. The Petitioners will then
receive from Lyon Clerk a draft text for the Letters Patent for them to
check and approve, and a note of the fees to H.M. Treasury and the
Herald Painter, which must now be paid.
Once the draft text has
been approved and the fees paid, the Lyon Clerk will in due course send
them the Letters Patent granting the Arms. A copy of the Arms and the
text of the Letters Patent is placed on record in the Public Register of
All Arms and Bearings in Scotland in name of the Petitioners, and the
process is complete.
|