The Court of the Lord Lyon (the Lyon Court) is a standing

court A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in acco ...

of law, based in

New Register House New Register House is one of multiple buildings within the National Records of Scotland estate. It is located near St Andrew Square to the east end of Princes Street in the New Town of Edinburgh, Scotland. It also houses the Court of the Lor ...

in Edinburgh, which regulates

heraldry Heraldry is a discipline relating to the design, display and study of armorial bearings (known as armory), as well as related disciplines, such as vexillology, together with the study of ceremony, rank and pedigree. Armory, the best-known bran ...

Scotland Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to ...

. The Lyon Court maintains the register of grants of arms, known as the

Public Register of All Arms and Bearings in Scotland The Public Register of All Arms and Bearings in Scotland, established in 1672, is an official register of Scottish coats of arms maintained by the Lyon Clerk and Keeper of the Records. As a public register, it can be seen by anyone on application, ...

, as well as records of genealogies. The Lyon Court is a

public body A statutory corporation is a government entity created as a statutory body by statute. Their precise nature varies by jurisdiction, thus, they are statutes owned by a government or controlled by national or sub-national government to the (in so ...

, and the fees for grants of arms are paid to

HM Treasury His Majesty's Treasury (HM Treasury), occasionally referred to as the Exchequer, or more informally the Treasury, is a Departments of the Government of the United Kingdom, department of Government of the United Kingdom, His Majesty's Government ...

. It is headed by the

Lord Lyon King of Arms The Right Honourable the Lord Lyon King of Arms, the head of Lyon Court, is the most junior of the Great Officers of State in Scotland and is the Scottish official with responsibility for regulating heraldry in that country, issuing new grants ...

, who must be legally qualified, as he has criminal jurisdiction in heraldic matters, and the court is fully integrated into the

Scottish legal system Scots law () is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Ireland ...

, including having a dedicated

prosecutor A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal tria ...

, known in Scotland as a procurator fiscal. Its equivalent in

England England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe ...

Wales Wales ( cy, Cymru ) is a country that is part of the United Kingdom. It is bordered by England to the east, the Irish Sea to the north and west, the Celtic Sea to the south west and the Bristol Channel to the south. It had a population in ...

, and

Northern Ireland Northern Ireland ( ga, Tuaisceart Éireann ; sco, label=Ulster Scots dialect, Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is #Descriptions, variously described as ...

, in terms of awarding arms, is the

College of Arms The College of Arms, or Heralds' College, is a royal corporation consisting of professional officers of arms, with jurisdiction over England, Wales, Northern Ireland and some Commonwealth realms. The heralds are appointed by the British Sover ...

, which is a royal

corporation A corporation is an organization—usually a group of people or a company—authorized by the state to act as a single entity (a legal entity recognized by private and public law "born out of statute"; a legal person in legal context) and ...

and not a court of law. The High Court of Chivalry is a civil court in

England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is En ...

with jurisdiction over cases dealing with heraldry.

Remit and jurisdiction

Rights to arms and pedigree

The Lyon Court is directly responsible for the establishment of the rights to arms and

pedigree Pedigree may refer to: Breeding * Pedigree chart, a document to record ancestry, used by genealogists in study of human family lines, and in selective breeding of other animals ** Pedigree, a human genealogy (ancestry chart) ** Pedigree (anim ...

. These can include the granting and regranting of armorial bearings by

Letters Patent Letters patent ( la, litterae patentes) ( always in the plural) are a type of legal instrument in the form of a published written order issued by a monarch, president or other head of state, generally granting an office, right, monopoly, tit ...

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.Innes of Learney & Innes of Edingight, p.8 When sufficient evidence is attested to these rights, a judicial 'Interlocutor' or warrant will be issued by the Lord Lyon. This power of the Lord Lyon is derived from the monarch's royal prerogatives, which has been delegated to the office by law.Innes of Learney & Innes of Edingight, p.9 The warrant will then authorise the Lyon Clerk and Keeper of the Records to prepare Letters Patent of the particular

coat of arms A coat of arms is a heraldic visual design on an escutcheon (i.e., shield), surcoat, or tabard (the latter two being outer garments). The coat of arms on an escutcheon forms the central element of the full heraldic achievement, which in its ...

genealogy Genealogy () is the study of families, family history, and the tracing of their lineages. Genealogists use oral interviews, historical records, genetic analysis, and other records to obtain information about a family and to demonstrate kin ...

to be recorded in the: ''Public Register of All Arms and Bearings in Scotland'' or in the ''Public Register of All Genealogies and Birthbrieves in Scotland''. The fees on all of these procedures are payable to the Exchequer. This is in contrast to the

London London is the capital and List of urban areas in the United Kingdom, largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary dow ...

, which, being an independent corporate body rather than a government department, reinvests all fees into itself.

Jurisdiction

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 to Commonwealth 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."

Protection of arms

The penal aspect of the Court is concerned with the protection of the rights of both private individuals and of

the Crown The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, overseas territories, provinces, or states). Legally ill-defined, the term has differ ...

(in the form of the Scottish Government) in Scottish armorial bearings. The Lord Lyon also has control over messengers-at-arms, judicial officers responsible for serving documents and enforcing legal orders throughout Scotland. 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. 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. Accordingly, an owner of a Scottish coat of arms may obtain a judicial 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 to

; the public has an interest in terms of the prevention of fraud and of the misappropriation of property. Individual coats of arms are also considered

legal evidence The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of f ...

, which means that they could be used in legal cases concerning the establishment of succession or identity.

Punishment

The Lyon Court, like all Scottish courts has a

public prosecutor A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal tria ...

; styled ' Procurator Fiscal to Lyon Court', who is independently appointed by the Scottish 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, the

High Court of Justiciary The High Court of Justiciary is the supreme criminal court in Scotland. The High Court is both a trial court and a court of appeal. As a trial court, the High Court sits on circuit at Parliament House or in the adjacent former Sheriff Cour ...

, will therefore sometimes regard cases brought by the Procurator Fiscal similarly to those of the

Inland Revenue The Inland Revenue was, until April 2005, a department of the British Government responsible for the collection of direct taxation, including income tax, national insurance contributions, capital gains tax, inheritance tax, corporation t ...

prosecution. Accordingly, an armorial offender was viewed as sternly as any other evading national taxation. This is in contrast to the

Court of Chivalry His Majesty's High Court of Chivalry is a civil law (i.e., non common law) court in English and Welsh law with jurisdiction over matters of heraldry. The court has been in existence since the fourteenth century; however, it rarely sits. The so ...

, 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 Acts dated 1592 and 1672, the Court was given the full power to fine and imprison offenders. In 1669 the Court was given the power to issue

letters of horning Letters of horning ''(Scots law)'': a document (i.e., letters) issued by civil authorities that publicly denounce a person as an outlaw. The document was issued against persons who had not paid their debts. Historically, the documents would be an ...

. 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.

Judges and office holders

Officers of the Lyon Court

The only judge of the Lyon Court is the Lord Lyon King of Arms. The Lord Lyon is part of the

judiciary of Scotland The judiciary of Scotland are the judicial office holders who sit in the courts of Scotland and make decisions in both civil and criminal cases. Judges make sure that cases and verdicts are within the parameters set by Scots law, and th ...

but is not subject to the discipline of the

Lord President of the Court of Session The Lord President of the Court of Session and Lord Justice General is the most senior judge in Scotland, the head of the judiciary, and the presiding judge of the College of Justice, the Court of Session, and the High Court of Justiciary. The L ...

. The Lord President's power of discipline are outlined in the Judiciary and Courts (Scotland) Act 2008 and the Courts Reform (Scotland) Act 2014 – the Lord Lyon is included in neither Act. The administration of the Court is also separate from the

Scottish Courts and Tribunals Service , type = , seal = , logo = 250px , logo_caption = , formed = , jurisdiction = Scotland , headquarters = Saughton House, Broomhouse Drive, Edinburgh EH11 3XD , employees = 1,374 , budget = £129.3 million (2015-2016) , chief1_name = Lord ...

. The other officers of the Lyon Court are the Lyon Clerk and Keeper of the Records whose appointments are made by

royal sign-manual The royal sign-manual is the signature of the sovereign, by the affixing of which the monarch expresses his or her pleasure either by order, commission, or warrant. A sign-manual warrant may be either an executive act (for example, an appointmen ...

, and the Procurator Fiscal who is independently appointed by the Scottish Ministers. Both officers are registered in '' The Edinburgh Gazette''. There is also a Macer to the Lord Lyon who is a senior Messenger-at-Arms. The Macer appears when the Court is sitting in public and when Proclamations are made by the Lord Lyon.

Lord Lyon

The

is the chief heraldic officer of Scotland and Great Officer of State and a

judge A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...

in the

.Innes of Learney & Innes of Edingight, p.7 The Lord Lyon's judicial duties concerning Scottish heraldic business and heraldic laws are conducted through the machinery of the Court of the Lord Lyon. The Court exercises both civil and penal jurisdiction under the old Common Law of Scotland and many

Acts of Parliament Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of parliament be ...

. The Lord Lyon has administrative functions, and is responsible for granting commissions to Messengers-at-Arms. The power to appoint the Lord Lyon is vested in the

Monarch of the United Kingdom The monarchy of the United Kingdom, commonly referred to as the British monarchy, is the constitutional form of government by which a hereditary sovereign reigns as the head of state of the United Kingdom, the Crown Dependencies (the Bailiw ...

by section 3 of the Lyon King of Arms Act 1867.

Lyon Clerk and Keeper of Records

The Lyon Clerk is responsible for the administration of the Lyon Court. With every submission of application for a

grant of arms A grant of arms or a governmental issuance of arms are actions, by a lawful authority such as an officer of arms or State Herald, conferring on a person and his or her descendants the right to bear a particular coat of arms or armorial bearings. ...

, 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.Stevenson p.51 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.Stevenson p.52 As Keeper of the Records, the Lyon Clerk is responsible for the maintenance of the

. 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. The Lyon Clerk's salary is paid for by the Crown. This has been the case since the Lyon King of Arms Act of 1867, when the whole of the Lyon Court and His Majesty's Officers of Arms were formally made into civil servants.

Procurator Fiscal

The Procurator Fiscal to the Court of the Lord Lyon is responsible for investigating complaints about usurpation of

coats of arms A coat of arms is a heraldic visual design on an escutcheon (i.e., shield), surcoat, or tabard (the latter two being outer garments). The coat of arms on an escutcheon forms the central element of the full heraldic achievement, which in i ...

(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. The Procurator Fiscal is legally qualified, must either be an

Advocate An advocate is a professional in the field of law. Different countries' legal systems use the term with somewhat differing meanings. The broad equivalent in many English law–based jurisdictions could be a barrister or a solicitor. However ...

or a

solicitor A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and ...

, and is appointed by the Scottish Ministers. Until 2001 the Procurator Fiscal was appointed by the Lord Lyon, but in order to ensure compliance with Article 6 of the

European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by ...

, the power to appoint the Procurator Fiscal was transferred to the Scottish Ministers by the Convention Rights (Compliance) Scotland Act 2001.

Current officers

The composition of the Lyon Court as of September 2021 is:

Officers of arms

Adam Bruce Finlaggan and Charles Burnett Ross

HM Officers of Arms come under the control of the Lord Lyon and are members of the Royal 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.Innes of Learney & Innes of Edingight, p.6 Formerly there were: six Heralds of Arms and six Pursuivant of Arms in Ordinary (full-time members) and at various times any number of Extraordinary officers. In 1867 an Act of Parliament reduced the number of Ordinary officers to just three of each rank. The Act also set out their salaries and reaffirmed their rights and duties. These officers of arms wear the

tabard A tabard is a type of short coat that was commonly worn by men during the late Middle Ages and early modern period in Europe. Generally worn outdoors, the coat was either sleeveless or had short sleeves or shoulder pieces. In its more develope ...

of the

Royal Arms of the United Kingdom The royal coat of arms of the United Kingdom, or the royal arms for short, is the arms of dominion of the British monarch, currently King Charles III. These arms are used by the King in his official capacity as monarch of the United Kingdom. Varia ...

, with the Scottish quarter taking precedence. 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 the

dissolution of Parliament The dissolution of a legislative assembly is the mandatory simultaneous resignation of all of its members, in anticipation that a successive legislative assembly will reconvene later with possibly different members. In a democracy, the new assemb ...

from the Mercat Cross on the

Royal Mile The Royal Mile () is a succession of streets forming the main thoroughfare of the Old Town of the city of Edinburgh in Scotland. The term was first used descriptively in W. M. Gilbert's ''Edinburgh in the Nineteenth Century'' (1901), de ...

in Edinburgh, the inauguration of the governors of

Edinburgh Castle Edinburgh Castle is a historic castle in Edinburgh, Edinburgh, Scotland. It stands on Castle Rock (Edinburgh), Castle Rock, which has been occupied by humans since at least the Iron Age, although the nature of the early settlement is unclear. ...

, and the ceremonial opening of the annual meeting of the

General Assembly of the Church of Scotland The General Assembly of the Church of Scotland is the sovereign and highest court of the Church of Scotland, and is thus the Church's governing body.''An Introduction to Practice and Procedure in the Church of Scotland'' by A. Gordon McGillivray, ...

. Currently there are three Heralds of Arms in Ordinary and three Pursuivants of Arms in Ordinary. 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 Pursuivants ''Extraordinary''. Currently there are two Heralds of Arms Extraordinary and three Pursuivants of Arms Extraordinary. In

there are also four private pursuivants who are independent of Lyon Court. These officers are employed by Scottish

nobles Nobility is a social class found in many societies that have an aristocracy. It is normally ranked immediately below royalty. Nobility has often been an estate of the realm with many exclusive functions and characteristics. The character ...

and chiefs and perform duties relating to genealogical, heraldic, and ceremonial matters of clan members. His Majesty's Officers of Arms as of September 2022 are:

Vacant offices

Private Pursuivants

References

Bibliography

* * *

Statutory Acts

Lyon King of Arms Act 1592Lyon King of Arms Act 1669Lyon King of Arms Act 1672Lyon King of Arms Act 1867

External links

*
Procurator Fiscal to the Court of the Lord Lyon

The Heraldry Society of Scotland

Report on the Court of Lord Lyon (1822)
Tenth Report of the commissioners appointed for inquiring into the Courts of Justice in Scotland. Parliamentary Papers, House of Commons and Command, Volume 8 {{Authority control Courts of Scotland Heraldic authorities Public bodies of the Scottish Government 1532 establishments in Scotland Courts and tribunals established in 1532