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Les details de cet exem* plaire qui sont peut-6tre uniques du point de vue bibli> ografMque, qui peuvent modifier une image reproduite, ou qui peuvent exiger une modification dans la mitho- de normale de filmage sont indiqu^s ci-dessous. I I Coloured pages/ Pages de couleur I I Pages damaged / Pages endommagtet Pages restored and/or laminated / Pages restaurtes et/ou pelRoiMes □ Q Pages discoloured, stained or foxed / Pages d. I.OMKJN rHI MACMII.I.AN CO. NtW YORK MACMILLAN CO. OF CAMAO* TOMMTO IIMPKIW, MAMII.TON AND CO. ■own AMD Mwn UWDO* CAHMioei oouciM AMD rouui ■DlmiURCN MCMIIV HERALDRY IN SCOTLAND INCLUDING A RECENSION OF 'THE LAW AND PRACTICE OF HERALDRY IN SCOTLAND' BY THE LATE GEORGE SETON, ADVOCATE BY J. H. STKVENSON ADVOCATK UNICOKN PURSUIVANT VOLUME II GLASGOW JAMKS \1 AC I.KHOSF WD SONS PUBLISHERS TO THE UNIVERSITY I9I4 CONTENTS CHAPTER VIII. THE ACHIEVEMENT &»i/,W.— HELMET : MANTLING: MOTTO: WAR-CRY The Helmet aoi Capeline, Lambrequin, Mantling 204 The Motto 206 Canting Mottoc* 214 The War-Cry, Cri-de-Guenre, Slogan, Emenye 216 Im presses, Devices, Emblems 219 Badges 222 Supporters or Bearers and Compartawnti 227 The Single Supporter 231 DouUe Supporten 238 The Compartment 251 The Cordeliire or Lacs d'Amour ass CHAPTER IX. THE CLASSinCATION OF COATS OF ARMS 257 PerMnal Arms 2jg Arms of Alliance 272 Arms of Vassalage 2^2 Arms of Dominion and Office 275 Arms of Dignity 2^g vi CONTENTS CHAPTER X. METHODS OF DIFFERENCING THE ARMS OF CADETS '^g PAGR CHAPTER XL THE RIGHT TO BEAR SUPPORTERS The present Law of Supporters The Question of the Rights of Baronets jjj The Right constituted by a Grant of Supporters ^jo Admissible Supporters 311 3«7 333 335 CHAPTER XII. SUCCESSION TO ARMS Heir-Male v. Heir of Line CHAPTER XIIL THE SUCCESSION OF HEIRS OF ENTAIL TO THE ARMORIAL HONOURS OF A FAMILY 355 CHAPTER XIV. THE ASSUMPTION AND CHANGE OF SURNAMES 364 The Origin of Surnames 3^ Alteration of Surnames 3^^ Statutory Imposition of Surnames 3^^ Two Statutory Proscriptions of Surnames 368 Relation of Double Surnames to Quartered Arms 380 The Right to Choose and to Change a Surname 382 CONTENTS vii CHAPTER XV. rAGC THE ROYAL ARMS IN SCOTLAND 389 The National Arm* ^04 t-HAPTER XVI. NEW GRANTS OF ARMS AND THEIR CONTENTS 407 CHAPTER XVn. THE NON-ARMORIAL FUNCTIONS OF THE HERALDS 421 The Heiald« as the Bearers of Royal Message , Special and General ; Sumntonses and Proclamations, Directors of Ceremonies, and Symbols of Royal State. The Register of Genealogies 433 English Pedigrees ^3^ APPENDICES I. Acts of Paruambnt ruatino to thi Hualoic Authcmuty IN ScOTtAHD (i) 159a, cap. 125. (a) 1662, -ap. 53. v..) 1663, cap. 15. (4) 1672, cap. 21. (5) 1867, cap. 17. II. Lists ov Lyon Kings-of-Arms and of Lyon Curk. . ad tkbir DiPtms ^5 III. Report oh Lyon Ofvici 448 viii APPENDICES l>AOK IV. Patints uNout THB Gmat Sial TO LvoN Kinos-of-Arms 4SI (1) Wamuit for a commwtioii in favour of Sir Jerome Lindiay. (2) Patent in fiivour of Robert Ear! of Kinnoull. (3) Patent in fiivour of Sir Jame* Balfour I'aul. C.V.O., LL.D. V. PATBMTt or Arms 455 VI. EviOINCB MFORB THI Ck>MMIUION OF i82I 457 VII. I. Thi OFnaAt Dmss and Inugnia of thi Officfrs of Armi 460 VII. 2. Note on the •Hbarn' Tabard 461 VIII. Note ok Scottish Cases involving Armorial Rights 462 (1) Sundry Barons v. Lord Lyon. (2) Dundas v. Dundas. (3) Procurator Fiscal of Lyon Court v. Murray. (4) Moir V. Graham. (5) Macdonell v. Macdonald. (6) Cuninghame v. Cuiiyngham. (7) Hunter v. Weston. (8) Petition. Macrae. IX. Sir John Moore's Letter on his Choice of Supporters 470 X. Accession Proclamations at Edinburgh as the Capital of Scotland 471 XI. The Summons to the Governor and Garrison of a Roval Fortrbss to opbn its Gatbs to THB King 482 INDEX 484 LIST OF FULL PAGE PLATES PACE XXXII. ARMORIAL SEALS AND SHIELDS 204 I. A.D. 1371 ; Sir James Linduy, Lo:d of Crawford, grandion of Sir David Lindtax of Cnwibrd. *. A.D. 1371 i Sir Alexander LindMjr of Glcnok, third son of Sir David Uniuy of Crawford. 3. A.D. 1 371 ; George, tenth Earl of Dunbar, third Earl of March. 4. A.D. i 383 ; John, Earl of Carrick, afterwafdf King Robert III. 5. MarArell of Monreith, Baronet. 6. A.D. 1468 ; William Meldrum of Fyn: 7. A.D. IJ87; John Innes of Innes. 8. A.D, 1510-41 ; Archibald Douglai, sixth Earl of Angus. 9. A.D. 1587 ; ArchibeM rVnigUs, eighth Earl of Angus. 10. A.D. 1370 ; Sir James Douglas of Dalkeith. 11. A.D. 1403 ; Robert Stewart, Duke of Albany, Earl of Fife and Menteith, third ion of Robert 11. and bit wife, Eliubeth Mare. I a. A.o. 1440 ; Aknndcr (Macdonald) of the Iitei, Lord of the hU$, Earl of Rom. XXXIII. ARMORIAL SEALS ao8 I. A.D. 1 334 ; Patrick, ninth Earl of Dunbar, second Earl of March. a. A.D. 1430 ; Walter Stewart, Earl of AthoU, second son of King Robert II. and hit wife Euphemia Ross. 3. *.D. 1S15 ; Patrick Hepburn, third Earl of Bothwell. 4- A.D. ijjS ; James Hepburn, fourth Earl of Bothwell, Lord High Admiral. 5. A.D. 1414 ; Alexander Lindsay, second Earl of Crawford. 6. A.o. 1373 ; Sir Archibald Douglas, Lord of Galloway, th;rd Earl of Douglas, il. t X LIS! OF FULL PACiL PLATES 7. A.n. 141.) ; Archibald Douglai, fourth Earl of Douglas. 8. *.!>. I J94 ; Kuphcinia, Counteu of Ross, daughter and heiress of William, Mxth Earl of Koss, wife of Sir Walter de Lesley. 9. A.u. 1400 ; Joanna Murra}-, Lady of Bothwell, CountCM of Sir Archibald, third Earl of Doofiai. 10. A.D. 1367 ; Sir Walter de Lesley, Lord of Ro,<. 11. A.D. 1459 ; Mary of Uuelders, {^ueen of King James II. 13. A.O. 1S97 ; John Ruthven, third Earl of Gowri*. XXXIV. ARMORIAL SEALS 316 1. A.!>. 1+75; Prince Alexander, Duke of Albany, Earl of Mafch, Lord of Aniuindak, Great Admiral, second son of King James II. 2. A.D. 1 5(0 : Mar}- Queen of Scott. Counter-M«l of fint Great Seal. 3. A.n. l+; ? ; J.imes, ninth Earl of Dougl.is. +. A.D. 1369-/0 ; Euphemia de Ross, second wife of Robert, Earl of Strathern, afterwards King Robert II. i. *.u. 1292; P.itrick Dunbar.eighth Earl uf Dunbar, first Earl of March, the Competitor. 6. A.D. 1359; King David U. Privy Seal. 7. *.D. 1 369 ; William, first Earl of Douglas. 8. A.i). 1446 ; William, eighth Earl of Douglas. 9. A.o. J 400; Adam Forrester of Corstorphine. XXXV. ARMORIAL SEAJLS 240 I. A.D. 1396; Malcolm, Earl of Lennox. 3. A.D. 1196; Reginald of Crauferd. 3. A.D. 1x96; William Stirling. 4. A.o. 1406-36; James L Privy Seal. 5. A.D. I ; 1 3 ; Colin Campbell, third Earl of Argyll, 6. A.D. 1 384 ; William de Seton. '. A.D. 1 396 ; William de Ruthven. 8. A.D. 1 560 ; Margaret Douglas, wife of Jamct Hamilton, second Earl of Amm and Duke of Chatelherault. 9. A.D. 1651 ; Henrietu Maria, Queen (widow) of Charles I., daughter of Henry IV. of Prance. LIST OF FULL PAGE PLATES xi XXXVI. ARMORIAL BEARINGS 248 I . The Arms of Dundas of Dundas. 1. The Arm* of Koberiion of Strowan. 3. Tbe Armi of Dnimmond, Earl of PtnK 4. The Arms of Scott, Lord Napier. ;. A.D. 1528 ; Seal of Uugal Campbell of Creagijinch, Nisbet. 6. A.i>. 1 560 ; Sculptured Panel of the Armi of Marj of Lorraine, Leith. XXXVII. AN ARMORIAL OF THE LINDSAYS trentiifitft to fiinme II LIST OF ILLUSTRATIONS IN TEXT The ArnM of Edmomtone of Duntrciith The Arms of Ahbot Hunter {c. 1500), Melrose Abbey 349 The Radge o( the Karl of Leicester {c. 1200) 373 The Anns of Bruce of AiiDaiidale 274 The Arms of Jardine 274 The Armt of Kirkpatrick 27^ The Arms of Johnston The Arms of Lord Sempill 275 The Arms of Fleming of Barrochan 27$ Marks of brotherly difference 281 The Arms of Dundas of Dundas 283 The Arms of Dundas of Arniston 283 The Campbell quarter in the Arms of the Duke of Argyll 28^ The Campbell quarter in the Arms of the Earl of Loudoun 284 The Arms of l of Gordon The Arm* of Chief Baron Pollocli The Arm* of Lorimer of Kellyficld IN TEXT 417 4«7 4I» 4I» 418 418 4«9 4«9 CHAPTER VIII THE ACHIEVEMENT— C#«»»w^ THE HELMET aoi THE HELMET. As we h»ve already pointed out, only the escutcheon appears on the eariiest heraldic seals, unaccompanied by helmet, crest, or other exterior ornament. The seals of the fourteenth century, to which we have particularly referred in noticing the earliest examples of the crest placed on a seal which is not equestrian, afford also the earliest instances of the Hblmrt appearing so. In these early cases the helmet is a mere accessory of the crest. Devices had previoudy been placed as wnaments above shields, in the same way as they had appeared at their sides, and below them ; but the presence of a helmet supporting a device over a shield, or indeed anywhere, explained that that device was used as a crest. According to L'Oseau, gentlemen did not adorn their shields with helmets before 1372, when the merchants of Paris were prohibited by edict from so doing. The edict itself might have shown him that he must be wrong. But it is not necessary to argue the point. We have the seal of the Earl of Dunbar of 1334, more than thirty years earlier. The documents of 1357 also, relating to t^e ransom of David II., exhibit seals with shield, helmet, and crest- thus the seals of William de Keith, Marshal of Scotland, and Sir WdKam Muir of Abercorn.> There can be no doubt that the heraldic helmet was not originally a distinguishing ensign of rank. No more convenient proof of the ^ can be found than that which is aflfbrded by the pages of the Gelre ms. which we reproduce.* The five different forms now in use do not appear to have been employed in England, for the purpose of distinction, before the reign of Queen Elizabeth ; and on almost all the more ancient seals and tombs (both En^ish and Scotch), pertaining to every rank, the helmet is represented closed and in profile, or nearly so ; in fiut, practically the helmet confined in later heraldry to the arms of esquires. According to Menestrier, «all helmets were, of old, close and plain, until their metal, number of bvs, and Htuation came to be taken notice of; and that was not long ago, but since the year 1559, when the French gave over the use of tournaments, upon the accident which happened to King Henry II. of France, who, jousting in disport at a tourmunent with Gilbert (.?), Earl of » M«cd. 1448, 1041. » Plate, xii.-xiv. a c 202 HERALDRY IN SCOTLAND Montgomery, Captain of the Scots Guards, was wounded in the eye with the splinter of a spear, of which his majesty died.' ' Menestrier's remarks, however, do not apply to Scotland. Confining our observations to the crested helmets placed on shields, and taking the numerous illustrations of seals furnished by Laing and Dr. Birch's British Museum Catiilogue as our authorities, we find ourselves led to the conclusion that while helmets were in actual use, tht^ seal represented the knight's actual helmet as it represented his shield or his crest, and that thereafter, down till the union of the crowns at least, every man placed on his seal the helm that he or his seal engraver chose. The ninth Earl of Dunbar in '334 b«ars ». cylindrical barred helm face-front; his successor in 1380 a cylindrical helmet sideways with only a transverse slit in it to see through ; - so also Robert, Duke of Albany, in 1410, but he placed his neariy front- ways.2 The Earl of Bothwell in 1 5 1 5 had his placed quite frontways. He too had only a slit in it, but his helm is round in the head and shaped somewhat to the neck.^ Alexander, second Earl of Crawford, placed his helm sideways in 1424. It is of the peculiar, almost duck-billed form, which slopes back both above and below the slit, so much used in later times by esquires.^ Sir Robert Keith, eldest son of the Earl Marshal, bears his face-front, and open almost as widely as a modern knight's. And, finally, Alexander Innes of Innes in 1542, and Sir Archibald Napier of Merchiston in 1582, have helmets of the more or less globular pattern common from their day to this placed sideways and barred, and in 1605 David, Earl of Crawford, bears his bars face-front. The barred helmet appears at Windsor, on the garter-plate of Richard, Duke of Gloucester (1475 *•">•)• In profile it appears on that xA Henry RadclifFe, Earl of Sussex, who was installed in 1589 ; and by the year 1615 on that of Lord Knollys, about which time it seems to have been adopted as the characteristic mark of the several Orders of the peerage. The close, sidelong helmet is frequently used in engravings of the armorial insignia of baronets and knighis in he seventeenth century. It has been supposed that the full-faced open helmet may have become their peculiar distinction about ' See Lt$ Ecauais en France, par Francisque Michel, vol, ii. p. 1. « Plate xxxii. » Plate xxxiii. THE HELMET 203 the time of the restoration of Charles II., but Woodward places the date earlier— about the time of Charles I.> Sir George Mackenzie in 1680 considered that 'it were fitter to give kings helmets fully open without guard-visures, as the French do, than to knights, as we do ; for knights arc in more danger, and have less need to command. And sedng all nations agree that a direct standing is more noble than a sidewise standing, I see not why the helmet of a knight should stand direct, and a duke's only side- wise.'* According to Nisbet, «when there are two helmets placed on an escutcheon of arms, they look to one another of whatsoever quality the possessor be ; and when there are three helmets, that in the middle is placed fronting, and the other two contoume, i.e. turned to it ; and if there be four helmets on a sh>ld, two look to two.'» When a helmet is borne contourne the crest, of course, is so too. The use of more than one helmet, although very frequent in Germany (in accordance with the practice of displaying a multiplicity of crests),* is of very rare occurrence in either Scotland or England. No early example is known of it ; and, indeed, the stone at Jedburgh, already referred to, is the only Scottish instance not quite modern that has come under our notice. On some of the stained-glass windows in Glasgow Cathedral, embracing more than one shield of arms, the position of the helmets indicated by Nisbet appears to have been only partially adopted ; as on the beautiful three-light window presented by Mr. Stirling of Keir, exhibiting three escutcheons, of which the dexter one (speaking heraldically) is timbred with a helmet contourni, i.e. turned 10 the sinister, while those over the two other shields occupy the usual pontion. * HertUij, BtilM mut FtrtigH, ii. a ji. ■Sdence ofHtraldry, chap. xxvi. The equesuian sides of the Gitat Seals of James VI. and his successors which represented these kings with their viion open mutt h»»e plcaMd Sir George, though the •naonal sides did not * Sy$Um 0/ HeraUij, vol. ii. part iv. p. 6. * Many of the Gemun princes and nobility bear as nanjr at eight or ten hefaneu and crests over their escntcheom, 'according to the principal an» within the shield, and to the number of (iefs by which the bearer u entitled to vote in the circla of the mpire.' bydton't Kum of llciaUry, p. 14.7. HERALDRY IN SCOTLAND Instances appear in early continental armorials of the hdmet currying on its side a repetition of the arms of the shield.* CAPELINE, LAMBREQUIN, MANTLING. With the materials now available to the student of heraldry, the evolution of the mantling can be traced from the extension of the lower part of the crest, or, at times, a separate cap, which was attached to the helmet, and came to envelop the back of it and hang down behind it like a curtain ; ^ too narrow, however, to come far round the sides, and coming to a point before it reached the shield when it appears with it in the achieve- ment. In the earlier stages of its development it has been termed the capeline. Of its pn^ress much can be gathered horn the pages which we reproduce from the Armorial de Gelre. Like the crest, and, as we have observed, the helmet, the manding in its capeline stage was at times decorated with the wearer's armory. The King of Scotland's capeline in the Gelre Armorial bears the ensigns of the Bruce. The same appear on the shield of the Bruce as Lord of Annandale ; the azure bend of Sandilands is on his capeline. Only one of Preston's unicorns appears on his ; and in the case of Halyburton the mascles are omitted. The capeline appears on the armorial seals of the fourteenth century in good condition, with occasionally a fringe or serrp^cH edge. It bears nothing of the slashes received in battle to which subsequent heralds attribute the wonderful developments they themselves and their seal engravers produced on its ornamental edges. So far as the evidence of the equestrian seals of the period takes us, the capeline did not go into battle. In time it came to be of enormous size, and styled a mantle, and when represented as untorn was still at times armorial. But it was not till the sixteenth century that it began to merit the title of lambrequin.* It was then fitted to take the place on seals of the non-heraldic designs, diapering and foliage, which filled the spaces between the armorial bearings and the annulus with the circumscrip- tion — specially in seals where there were no supporters. Patrick, Earl of > See HtraUry, Bi iiiih and FordgH, ii. p. 130. *iiid. p. 344. ' Science ef Heraldry, chap, xxvii. !!/// ... t - ■ ; hv''.- l^f,Q I'-- no. 'avt\t Jtioi'i) ")<.' /cfc' 'J lafcn'. 3!/ i j; . ; .t... ' ' ■'• .< - '.uJ ' ....... !!tJi*^'>J! :,fviv;ii ,.,hiO':n fit't ..-rH-j; ,".1 4. .»r,ui;.l . i:r.!.. ib-«;j!»Ij! * ' S!l»''> lo BWithi/ rri // s .0. ' .1' "s-. ..^.i.-il V *3BfiI fiiief .; I fi ,: ■'J • ^- 'io ;it.'i I:!!!; ,n,;^iMCi bisd/B lAi tt^-ps; I ?, :.rn: , ,;^i»£gA to .^jatl ,m*9Jrt ns'ioij. ,• f ,-5:4 -»4f;'^fc^^»SilHj,t/) ,,bn.:5-o:A '; . .s. Plate XXXII ARMORIAL SEALS AND SHIELDS. 1. A.D. 1371 ; Sir lames Lindsay, Lord of Crawford, grandson of Sir David Lindsay ot Crawford. 2. *.D. 1371 ; Sir Alexander Lindu)' of Glenesk, third son of Sir David Lindsay of Crawford. }. A.D. IJ"i ; George, tenth Earl of Dunbar, third Karl ot' March. 4.. A.D. 1383 ; John, Karl of Carrie k, aftem-ards King Robert HI. 5. Maxwell of Monrtith, Baronet. ft. *.D. 1+68 i William Meldrum of Fyvie. 7. 1587; John Inne^ of Innc*. 8. l5ao-+2 ; Archibald Douglas, sixth Earl of Angus. 9. *.D. 1587 : Archibald Dooglas, eighth Earl uf Angut. 10. A.B. 1370; Sir James Douglas of Dalkeith. 11. A.D. 1403 ; Robert Stewart, Duke of Albany, Earl of Fife and Menteith, third son of Robert II. and his wife, Elizabeth Mure. 12. A.D. 1440 ; Alexander (Macdonald) of the Me=, Lord of the Isles, Earl of Ross. ... V CAP£LIN£, LAMBR£QUIN, MANTLING zos Bothwdl't Mil in 151 5 hManuMtfing of long pointed karet. It is doubt- ful if it ought not to be classed with the foliage which issues from the wicath of James, Lord Hamilton's seal of 1 525.1 It is probably meant to be difficult to say where the mantling ends and the foliage bq;ins on the Bocdeuch seal of 1648.* That ormunent enjoyed its fullest linurisnee in the hundred years which produced Mackenxie and Nisbet Hcnktic art within the last twenty years has shown a strong inclination to return to the thirteenth and fourteenth century helm, and to attenuate if not restrict the mandings, but it has not yet returned in any force to the fourteenth century capeline, and it is doubtful how far its present mantlii^ are not an anachronism when ap{died to a helm that has another known mantlii^ proper to it. Sir George Mackenzie observes in i68o that in Scotland all the mantlings of noUemen are tinctured gules and doubled (U. lined) ermine, ' because the robes of our earls and above are scarlet douUed with ermine.' He sees no reason for the practice, and advocates a return to our previous practice when 'our mantlings were of the colour of the coats lined or doubled with the metals.'* Both in England and Scotland, for a considerable length of time, the mantling of commoners has generally been painted red, doubled with white* but recently Scotland at least has reverted to the practice referred to by Sir Geofge. The mantlings of the notnlity continue to be ted doubled with ermine ; but it would be unreasonable to hdd that anyone else who, like many commoners, is entided to a coat of ermine, may not have a mantling of ermine too. It is the mantling granted in 1456 to the company of Tallow Chandlers of London. The royal mantling in England, since the days Queen Elizabeth, has generally b^n of ck>di of gold, lined with cither ermine or white. That of the King of Scotland in the Armorial de Gelre is of the arms of the Bruce doubled azure. The mantling of the Royal Arms of Scodand of to-day is or (cloth of gold) doubled ermine? ' Plate xixii. » Uing, ii. ; Plate vi. 7 ; Macd. 2405. •Sf»«f/ t/HtrtUrj, chap, xxvii. * At the date of the fbniMr edition of th» work Sir Frederick Pollock's mantling of his own coloan, Une ami gold, wm the onljr modern exception we recollected to have seen in the * Mackenzie, Sdtiui t/HeraUrj, chap, xxxiir. ao6 H£RALDKY IN SCOTLAND THE MOTTO. The Motto (or legend), formerly called in Scotland the Dillon, consists, as everybody knows, of a word or sentence upon a ribbon or scroll, which in France tnd Scotland \% generally placed above the crest, while in England, on the other hand, it ia almost invariably diipoted below the escutcheon. Sir George Mackenzie considers that the position of the motto should vary according to its import— that if it relates to the crest it should be l^aced above that figure, and if to the arms or supporters, under the achievement, *so that it may be near to the armour to which it rdates.*' Where such relation exists, and not more than one motto refierring to either has to be tiisposed of, the suggested arrangement is, of course, highly appropriate. In the case of the Earl of Winton's achievement, which exhibits no fewer than three mottoes, one is |daced over the crest, another in connection with the shield, and a third on the scrdl or compartment bearing the supporters.- Although consid.-red by many to be a thing of arbitrary usage, the motto has been rarely changed, either in England or Scotland, Yif fimiilies of ancient lineage, and has generally proved to be as hereditary in its character as the charges in the escutcheon. In the case of the Johnstoncs of Annan- dale, however, the old motto, ' Light thieves a' * {i.e. < Alight from your horses and surrender '), originally used as a slogan, was relinquished for the more dignified legend which they now carry, * Nunquam mom paratus.' When treating of property in arms we have said that none is recog- nized in a motto taken by itself. The truth of the remark will be very evident from what we shall find on a future page of 'popular' mottoes. But while it is perhaps imposnUe to give any fiunily a mon<^pdy of a motto which expresses a sentiment which should be common to all people, there are mottoes which cannot decently be either granted or assumed by anyone while the house identified with it stands. No heraldic 1 Mackenzie, Science, chap, xxiii. In the case of other mottoes to which Mackenzie alludes also, which relate rather to some considerable action of the bearer or to his name, ofice, or origin, Sir George proposes no amendment on the cuttomi which he finds in use. 'Nisbet's HeraUrj, vol. ii. part iv. p. 23. THE MOTTO ao; authority would grant • Lat Curzon hold what Curaon hald ' to anyone merely of the name Curzon. The motto, or perhaps * cry," of the Marqub of Breadalbane, as a chief of a clan, is « Follow me.' The answering cries of the cadet houses are: Campbell of Mochastir, • I foUow'; Campbell of Locbdochart, « I fbUow straight ampbeU of Baicaldine. • I am ready* ; Campbell of Achalader, • Without fear' ; Campbell of Uwert, • Do and hope* ; and of Aberuchill, 'Victory follows the brave.*' This is one of the finest things in clan heraldry, and yet it has been very nearly spoilt. By the laches of a heraldic authority in 1816 another Campbell claiming to be come of Breadalbane it heraldically entitled to cry « FoUow me.' The grantee was an eminent general officer and baronet who, if he thought of anyone he might so command, thought of his own 3rd West India Regi- ment, and never dreamt that he was arrogating to himself the position of leader of hit clan. StiU the grant it a solecism in heraldry. The motto, at the same time, like everything else in heraldty, began by being personal and changeable at pleasure. It remained so, very much longer than the device on the shield, much longer even than the crest At its -ite there it little to dittinguith it from the imprtsses of ita own and aftertimes, except that in ths impress the words alluded to and tuf^ile- mented th - device, whereas the motto might, and did generally, though not always, at»4id by itself. The adoption of a motto is as old as the first adoption of a rule of conduct, or next in age. But it it tingulariy late before mottoes appear ditplayed along with armt. The earUett instance in Scotland of the appearance of words on a seal is that on the seal of Thor Longus, the Saxon settler at Ednam in the Merse, in the reign of Edgw of Scotland (1097-1107). The teal it oval. Thor sits in the middle with his right hand holding a sheathed sword oUiquely acroat hit bitatt, while his left supports it near the point. Round about are the words ' Thor me mittit amico.' « This is clearly not a motto. Probably the next seal is that of Isabella, wife of William Wallace.* The seal, which is appended to a deed in favour of Melrote Abbey of about the year n 60, thowt an eagle in the act of alighting, whether it is the eagle of St. John bearing a pen IS not clear ; her husband's seal, which hangs alongside, has an eagle too. » Logan, Snitisk Clans, gvo, p. 56. « Laing, ii. 66 J. » Plate juaiv. ; Laing, i. 837. ao8 HERALDRY IN SCOTLAND The words, which are the circumscription of the hdf* Mtl, arc ' Frang* m Joctbo It.' Thr wonl Jucebo was probably meant to be interpreted according to circumstances. 'Break me and 1 will instruct you' was appropriate enough on a letter whoae seal wu made to be broken, bat * Break me md I will teach jrou/ '.n the wnae of Judges viii. i6, was more in keeping with the •eal on a charter ! Similar conceits appear on the signets of the Earls of Dunbar; thus ' Brisez vaez listz craex' — in more mo* ;rn form ' Bristz, voytz, /istz, (rvyrs '—appears on that of the fifth earl, who flourished between 1182 and 1232.' The legend on the same seal of the seventh earl in 1251 was * SigiNum amoHs,'* and in 1270, with a device of a lion preying on a stag, it was ' Je su sel de amur Itll,' ^ a sarcastic assertion which also accompanies the device of a lion attacking a wyvern on the seal of 1292 of William Ireby.* The eighth earl in 1292 suspends hi* shield from a tree which is flanked by two smaller trees, and adds the legend * P«mi ceu haul hois conJfiray m'amie.''' In the same year the seal of Brian Fitzalan, one of the Guardians of Scotland,' bears * To/ capita tot stHtencit.' * On the other hand, the * E$to fenx M leo' used by Robert Bnm, Lord of Annandale," as early as 1 240 or thereby, is a true motto in the heraldic sense. So also is that of King Alexander III. of about the same date {c. 1 260)—' Esio prudtMi ut serpens el simp/ex sicut columba' ' One of the earliest English instances of a motto is aflbrded by the seal of Sir John de Byron, appended to a deed dated 1 293, un which the legend is ' CrttU Beronti,^ the motto of the present fiunily of the same turhame being * Cndt Binn: To the next century belongs the seal of Archibald the Grim, Lord cS Galloway, afterwards third Earl of Douglas, with the motto, in the beak of •Macd. 779«. «M»cd. 783. *Micd. 784. Every Dunbar letter, save one, of the kind that were made to seal, it loM Iiaiidredi of yt»n ago, but they show ui that thew lettm were Ktted, and that they were not all cartels aS battle, thongh the hnnuHur wa« wmctime* dry. ♦Laing, i. 455 ; BM. Cat. 17,151. 'Macd. 787 ; B.M. Cm. 16,144. " Macd. 170. T B.M. Cat. No. 14,853 ; and cf. Matt. x. 16. See alM Laing, t. 689 { A AT. Cat. 16,776. Ill/// < .li w 'iii fehli ,11 mJ'*H -^ntAyp t.w L.Kijw ,Moi(iyt V (wJf JttW - i i >/ ; at>i . ; »• lit ■r,.i>. . rrr^rtqtia .!lj/vl)(.fi )o fttS fniiiJ ,«HiH'pH ijnti.H ;ji;i.aBli»ii tfi»;i9td|ii«b ,«n|l k> as,"! " J ,itHii')(IN|o.H • ; .o.a ' .S .11 Mi l J'l H l.i .13-jljO .-Iji I > ■ nr,K I';).! - • II . ^ .■Jit*rc»^ )"> i" I ii'.'i; .;■■.>■ fii..>t n,U>|^ itCL* ■■ ' Plate XXXUl ARMORIAL SEALS. I. A.D. 1334 ; Patrick, ninth Earl of Dunbar, second Earl of March. i. A.D. 14.30 : Walter Stewart, Earl of Atiwtl, second ion of King Robert II. and his wife Euphemia Ros>. 3. A.D. i;i5 ; Patriclt Hepburn, third Earl of Bothwell. 4. \.o. 1558 ; |.imes Hepburn, fourth Earl of Bothwell, I^ord High Admiral. ;. A.D. 1424 ; Alexander Linds.-iy, second Earl of Ciawford. 6. A.D. 1373 ; Sir Archibald Douglas, Lord of GaIlow.iy, third Earl of Douglas. 7. A.D. 1413 ; Archibald Douglas, fourth Earl of Douglas. A.D. 1394 ; Euph<.3iia, Countes« of Ron, daughter and heiress of William, sixth Earl of Ross, wife of Sir Walter de Lesley. 9. .A.D. 1 40Q ; Joanna Murray, Ladf of Bothwell, Countess of Sir Archibald, third E«rl of Douglas. 10. A.D. 1367 ; Sir Walter de Lesley, Lord of Ross. 11. *.». 1+59; M.iry of Guelder^. Oueen of King James II. 12. /,.i>. 1597 ; John Ruthven, third Earl of Gowrie. THE MOTTO 209 the peacock head, his crest. ^ f^hat Tyde;^ which reminds the ear of the rhyme of the Rhymer : •Tide whate'er betide, Haig shall be laird of Bemenide.' To the fifteenth century Riddell, the peerage lawyer, attributes the motto of the Lindsays, ' Endure fort: The earliest seal on which it appears belongs to the year 1605, but he points out that the pursuivant of the chief of the house was named 'Endure' in i46o.« The inference seems good that the word was then the earl's motto, or part of it. Montjoye, the first word of the Cri of the King of France, was made the name of his King-of-Arms. It is only in the sixteenth century, however, that the display of the motto with the heraldry of the seal begins as a practice. Even then it does not become prevalent. But there appear, among others,' the following : The ^Hazard zit fordward' of Seton (in a seal of Seton first baron of Cariston),* the 'Keip Tryst' of the Earl of Bothwell,' the ' Through' of HamUton/ and « Dtid Schau ' of Ruthven.» The Royal motto, ' In Defens; now appears on the Privy Seal and Signet of Queen Mary,« and * Avand Dernlie'xs on the seal of the Earl of Lennox." The ^Jamais arriere,' a proclamation of the right to carry the Kmg's crown in the Royal progress, to give the first vote in Parliament, and to lead the van of the Scottish host into battle, is on the seal of the eighth Earl of Angus.>» In the seventeenth century more families fell into line, and we find ' Je pense plus ' on the seal of the Earl of Mar, ' Serva jugum ' on the Earl of • Plate xxxiii. ; Macd. 663. a Riddell, Peerage Lttv, 265. •See Laing, i. 405, 711, 308, 59, 64, 464, 74,, 8,5, 8a2, vol. ii. 494. 869,938, 64a. *L»ing, ii. 896. ■Plate xxiiii; Macd. ,312. Mr. Seton not« in tke former edition of the prt««t work : The .econd word of Lord BothwelP. motto {Ttyii U eipraMd in Mm,gnm-^ q«ciei of «»e»iee veijr much in fiuhion in the pnent d*/ {U. 1863). •M«d. mo. rpute ,„iii. • M^d. ,354. "«.M. Cat. ,4,875, ,4,876. ,4,^, '•Plate xxxii.; Macd. 691. 210 HERALDRY IN SCOTLAND Erroll't, 'Am' on the Earl of Bucckuch's. ' Pn Christo tt Patria Duke periculum ' on the Earl of Lothian's. We have also the mottoes of Alexander, Earl of Home, ' Treu to ye end' ; of David Murray, Lord Scone, ' Spen Meliora ' ; and of William Graham, Earl of Menteith, « Right Reaseun* > On Lord Scone's seal and on some others the motto is {^aced at the iules of ■ he shield. In seals, both heraldic and others, we find also texts from Hoiy Writ, and expressions of religious fiiith, or appeals to the Almighty or to saints, and so on. The Guardians of Scotland during the Interregnum, which occurred (i 286-1 292) after the death of Alexander III., placed a representation of St. Andrew, the patron S.iint of Scotland, on their Great Seal, with the adjuration — rhyming after the fashion of the times : Andrea Scotis Dux esto Compairiotis' ' John de Langton in 1 292 bears a lion rampant on his seal with the words ' Vincii Leo de tribu Juda.' * It might be disputed whether these were mott( s in the heraldic sense. But there is no dividing line between them and many later inscriptions on escrols the heraldic character of which has never been doubted. Thus the words * Muerere met domine ' are borne by David Cuningham in 1 500 a.d. on an escrol above his shield.* Margaret of England in 1 526 bears the words ' In God is mi traist ' on a label between her arms and her crown," and the mottoes ' Grace me Guide,' which Lord Forbes carries on his crest, and ' Jehovah Jireh* which is under the arms of Grant of Monimusk, are enough to establish their admissibility. The ancient motto of the King of Scotland, which appears shortly on his crest as ' In defens,' was ' In my defence God me defend ' ; that of the King of England was ' God and my right shall me defend' * The practice of placing the motto within a garter or circle, instead of on a scroll, with the result of producing the appearance of a ribbon of knighthood or the Garter itself, is one of many modern heraldic irregularities, and is only exceeded in absurdity by the custom, now sometimes followed, of putting the crest voithin an escutcheon ! > Laing's Caulopu, Nos. 437, t6*, 617, and 387. *B.M. Cat. 14,790. Cat. 17,160. *Macd. 603. ^BM. Cat. 14,900. "Coke on Littleton, cap. 7$. THE MOTTO Like wary no means unknown in Scotland, nor are they entirely a thing of the put. In a comparatively recent volume of the Lyon Register (a.o. 1846) Hope Vert Craigie HaU and Blackwood has two such mottoes — the Hope motto * At vpiM nut fractal and for Vcre, ' Vero nihil verius.' Frequently the nr^oito is, as one might say, the reverse of canting ; and, where accompanying a canting crest, points to another meaning of the crest to which it endeavours to draw oiF the attention of the unwary. Thus the mottoes which accompany the crest of the Caithness Sinclairs, which we have spoken of, if they refer to the crest at all, talk of ' Fidelitas ' — Chanticleer's fidelity in giving the alarm or the reminder.* In 1767 Heron of Heron registered arms with herons for his supporters, and for his motto ' Ad ardua tendit' which seems a studied ignoring of the play on ardua pointed out in the motto of the English family of the name — ' Ardua petit ardea.'* On the other hand, the motto at times does the office of proclaiming the * cant ' of the crest. The crest of the Earl of Wemyst for the name Charteris is a hand holding a roll. Other families display the same device with different mottoes, but Lx>rd Wemyss's motto is ' This our charter.' A large class of mottoes are only canting in special cases. ' Ftstina Itnte ' in the mouth of Lord Hindlip is valuable as an advice to those who would be as successful, but it is a canting motto into the bai^in over die anna of Lord Onslow. ' Deus pascit corvos ' was the canting motto of the Corbetts of Cheshire. The Cranes of the same county replied, we learn, by the adoption of a moxto * pascit Corvos non obBvisdtur Grues.** * Regarding the cock, see Halne, SymMm in CMsium Art, 189a, p. 191. * Jnlu^t heron. *Pegge, CnritBa Misttlimt. The Corbie (etrvui) derivation of the eiceediiigljr eariy MimameofCorbetaiTeanateirlx inS-otUndai i4i;3. Macd. ;oi«; 377. Gmet— Ctaaet. One Crawibrd in Scotland (of .ioverhill), 1672-77, hat a motto, 'God feed* the Crows.' Bat he p«t* three crowi .-n hit ihidd, w perhapa wam't talking abmit Crawfeid at all. CANTING MOTTOES ,,5 Some mottoe. none the less canting aflect to be. on the contrary, the ong.« of the wme which they belong to. To K,me or all of theae mottoe. attache, a legend which explain, that they a« not cs„tiMg in their natme. Such a legend exists in the case of Lockhart of Lee. It does not deny the fact that at the dawn of the heraldic day the surname of the family was Locard. But S,mon Locard was one of the knight, who accompanied Douglas with the heart of the Bruce in it. ca« to the Holy War. and the legend states that he was thereafter known as Lockheart. and rikctd the King s heart within a lock on his shield. Another legend, as weU known a. the lart. ex,.t. m the family, which tells how Sir Simon extorted a talisman which by acadent he had .een, a. part of the ran«,m of a Saracen captive whom he had taken in the war-the same my.teriou. object which for centuries has been preserved at Lee, and is known as the Lee Penny.« It .. to this legend rather, or to the possession of the talism. that the motto of the hou« .eem. to refer-' I lay open locked hearts' iCorda serrata pando). Lockhart of Cambusnethan, who of courK doe. not riiare in the possession of the Penny, alter, the motto to • I bear locked heart. * (C^ serrata fero). ^ The motto of the ForteKue.. 'Fom scutum talus Ducum,' similarly, is explained m the hirtory of the hou«. to have been the gi.t of a speech of an admiring commander. The young Norman knight characterized a. a strong shield took the surname or the nickname-and recorded the grant in his motto in good rhyming Latin for preservation and explanation. The circumstance, in which Cavendidi took it. origin in Cavetedo tutus Pierrcponte out of Pie repone te and not from Stonebridge. were, if thJ truth were known, perhaps similar to those in which Coleridge aroK out of Ttme Deum tok regem, and Vernon out of Ver non semper viret} •And ii the origin of Scott*! norel, Tkj T*£smaH. •See Pcgge, CmHO* MuetUtMt, p. ji;, for bon mot on CmM'« mmi. at6 HERALDRY IN SCOTLAND THB WAR-CRY. CRI DB-OUIRRB, 8LOOAN, ENSBNYE.' n«biUy the earliat mottoes to become identified with pertont— lungt, chtcAt ind othera — tnd lo to come under the purview of dw hcraldt, wr« thoM that they used ss their war-cries. • A cry * is a proverbial necessity for a cause, and it is naturally the name, or some understood reminder, of the connecting link which binds the host together. So in ancient warfare it came to be the name of the leader, or the home of the hand, or some sentiment lecalfing the host to its pride. The leader whose name wan proclaimed in cry was perhaps as frequently the heavenly as the earthly captain of the host. The earliest war-cry known to us — the cry of the little army of Israel heard in the valley by the hill of Morah — was * The sword of the Lord and of Gideon.** It may be that the earliest cry belonging to Scotland of which any record remains is the ' Thor have us both Thor and Odin,' which is preserved to us in the refrain * Teribus ye Teri Odin ' of the song of the men of Hainck.* The cry of • St. Andrew ' was long the war-cry of the > * When the ttreeu of high Dnnedin Sew lincci ^cem, tnd &fcli ioH t ledden. And heaid the ilogaa'* daedljr jrdl — Then the chief of banicioiiM fell' tfAt Lm Mimtni, i. 7. * The King his men uw in affrajr. And hii ensenye can he ay.' Batboor, Tit Bmt, iii. a8. 'The Leader, rolling to the Tweed Resoundi the emcnxic ; They RNMcd the deer from Caddenhead To dtttrnt Torwoodlee.' 'Thomas the Rhymer' (Part Third), Btrtltr Mbmrtbj, iii. 110. See also the Ballads of ' Kinmont Willie,' UU. i. ao6, and the ' Raid of Reidiwire,' Md. i. 168. 'Judges vii. 1, 18, 20. "The music dates from the most ancient times, and expresses more than any other air the wild and cklunt Mtatn of the war tramp and the battk dumt.' Gnmiie, Ord. Cm. St$l. n. *5a. '!/// ,.,'1 • ■,imA io out ; n.,,3. A,.T.i„t,A KVli) ■ .itti .♦««U Mil I., i»>.r..J|W«V- .,>«4l1o j,^^, - II ns^J^ ii.il Pi.»r» XXX1\ ARMORIAL SEALS. 1+73; F in.e AlrxanJer, Duke of Albany. Earl of March, Lord of Ann»ndal«. Great AJniiral, >eioiiJ «)n of Kiiii; Jjinct II. *.i>. 1550 ; Mar) Queen of Scots. Counter-seal of first Great Seal. «.n. 14;^: James, ninth Btri of Da«|Uw. A.I.. I ^6K)■^o : Eurhemia dc Rou. second wife of Roben, Earl of Strathcrn, *ften*ard» King Robert II. *.!>. I jqi ; Patrick Dunbar, eighth liri of Dtmbar, fir»t Eiri of March, the Competitor A.n. ! ; King David 11. Privy Se.il. A.i>. I 569 ; William, first Earl of Douifla.. A.o. 1+46 ; William, eighth E»rl of IX'ttgla>. A.o. 1400; Adam Forroter of Corttorphinc. WAR-CRIES 2,7 Scottish king and his people.' ' St. Andrew our Patron be our help ' « was bc'-. ved to have been the cry of King Hungus when he led the combined forces of the Picts and Scots against the English under Athelstane at a date which all authorities fix at somewhere between the years of Grace three hundred and eight hundred odds. The 'cri ' of the Dukes of Burgundy was • Montjoye St. Andrew, * that of the Kings of France « Montjoye St Dennis.' ' Ha ! St. Edward ! Ha ! St. Geoi^ !' was used by Edward III. in 1349. But in 1495 the English king and Parliament held that the proper cries were ' The King,' and ' St. George for England.' ' The ancient cry of Montmorencie, who was styled the First Christian Baron, was ' Dieu ayde au Premier Chretien'; that of Seton in Scotland was ' St. Bennet and Seton '—the last two words playing in this cue the double part of proclaiming the name and exhorting to the attack.* The cry of the ancient Earls of Douglas was « A Douglas ! a Douglas ! ' that of the Homes, ' A Home ! a Home ! * • and of the Gordons, ' A Gordon ! " O for an hour of Wallace wight, Or Bruce*! arm to mle the fight, And cry St. Andrew and our Right ! ' ^Bellenden's Boece, ii. 140. ' The first object of this Act, which was passed after the conclusion of the Wars of the Roses. >vas to abolish the use of war-cries such «. tended to foment discoid among the fictions stiU in the country. ♦See Scott's AU*t, i. 159, and Mary Qutin 0/ Scot,, a Drama, act iv. scene 4, Edinbuigh, HotsfMr (Icq.) Now Esperance ! Percy ! and set on. Sound all the lofty bmnimenti of war.—/. Htmy IF. act v. scene a. tiKtraiut tH Dieu ' is the Percy motto. * ' Nor lilt I lay what handnds more, From the rich Merse and Lammermoor, And Tweed's fair borders, to the war, Beneath the crest of old Dunbar. And Hepburn's mingled bannen cmae, Down the steep moanutn glittering &r, And tiMMttng still, " A Home ! A Home ! " ' —Lay of tkt Last Minitrel, v. 4. In 1335 the English, led by Thomas of Rosslyne and William Monbray, amuited Aber aecn. The former was mortally wounded in the onset ; and, a, his followers were pressing forward =hou..ng J Ro«lyn. ! Rowl,^... "Cry Monbniy,- «Hd the expiring chieftain, • Ross I) ne IS gone ! Mmtlrfby ifO* Setubi Border, i. 1 76. 2i8 HERALDRY IN SCOTLAND a Gordon ! ' This most elliptical of all such cries was common to all western nations. In the dramatic account of the death at Bannockburn of the heroic Sir Giles de Argentine, Grand Prior of the Hospitallers in England, we learn that iiis battle crj- was ' An Argentine ! ' The second type of war-cry is that which we described generally as of the home. * Scotland for Ever ! ' was the cry with which the Heavy Brigade made its miraculous charge at Balaclava. • Albyn ! Albyn ! ' * was the earliest war-cry of the Scots of Christian times. Two-thirds of the slogans of the clans are the names of their gathering places. Thus Mac- kenzie, ' Tulach-Ard ' , Grant, • Craig-Elachie ' ; MacGregor, ♦ Ard ChoiUe.' One of the Campbell slogans is ' Cruachan,* Buchanan's is 'Clare Innis,' Macfarlane's is ' Loch Sloy.' ' In the lowlands ' Bellendean ' was the war- cry of the Scotts of Buccleuch. The certain meaning of the word * Alorebum,' the ancient war-cry of the b'jrgesses of Dumfries,' is lost in antiquity. If it is derived, as some "uppose, from the cry often raised within the town — 'To the lower-burn ! ' -the place where the natural defences of the town were weakest, and where the burgesses therefore gathered on alarms, it must have lost its meaning before it became a war-cry. * To the Boulevards ' never became a cry in wars against France's foreign enemies. The hit group we mentioned of these cries is composed of those which recall the clan to its pride. ' Remember the death of Alpine!' is the slogan of MacAlpine and MacKinnon. The Munros' 'Gutle Foulis AUaze!' may be a reminder of an injury to be avenged, a northern parallel to the burning of the ' Bonny Hoose o' Airlie.' ' Victory or Death ! ' is the cry of MacDougal and MacNeill. The Mackays' cry of ' The White Banner of Mackay ! ' the Gordons' ' A Gordon I ' and the Campbell cry * The Clan of Diarmaid of the Boar ! ' referred to in the Duke of Argyll's crest of a boar's I Tytler, it. 197 and reference ; and see Skene's note on Fordoun. ''Tullich-aril is a hill in Kintail ; Craig-ellachie, .1 wooded ruck near Aviemure, in Strath- spey ; Clare Innis, an island in Loch Lomond ; and Bellendean, a place near the head of Borthwick Water, in Roxburghshire. For the subject of the slogans of the Scottish ckns see Logan's Siottuh Gatl (ed. 1876), vol. i. 303. ^This cry is perhaps unique in having furnished a Lord Chancellor with a title of peerage. WAR-CRIES head, are all used as references to the chief or the clan itself. The slogan of the Cameroni stands alone in referring to the enemy—' Sons of the hounds come here and get flesh ! ' Only some of these slogans have been displayed on the arms of their owners. « Avant Derneley ! ' we have noticed on a seal already. « A Home ' A Home ! A Home ! ' is the Earl of Home's first motto. The Duke of Argyll, as we have seen, refers to his slogan in his boar-head crest Ixxh Sloy, with the word on its surface, is the compartment of Ma> .arlane's arms Craig Elachie is the crest of the Grant, and the word is his motto The crest of Seaforth, the chief of the Mackenzies, is blazoned as 'a mounuin .n flames proper.' But the motto indicates that it is not a • burning moun- tain '—Luceo Hon uro. It is a mountain with a beacon— Tulach-Ard. • Ard cho.lle • appears under the arms of the chief of MacGregor. and « Dhandeoi, CO Heiragha ' (Gainsay who dare) the cry of Clanranald, appears under his. The English royal motto, * Ditu et mon droit: was prt)bably in its origin a war-cry of the English kin; in his contest, for the possession of France ^D,eu aye ! ' was the cry of the Uukes of Normandy. The war-cries of the Scottish Covenanters as displayed on their banners are well known. The legend • For Religion Covenants King and Kingdoms,' which appears on one of these,' is too long a declaration to have been used by mouth in battle ' JeAovaA nissi' (the Lord is my banner), however, was shorter. IMPRESSES, DEMCES, EMBLEMS. About the middle of the fifteenth century, the use of coat-armour was to a great extent relinquished by the Italian leaders, who caused certain emblems to be painted on their shields. iUustrated by short classical quota- tions, descriptive either of some particular enterprise, or of the general character of the bearer.* These emblems, termed imprtsses (from the Italian word tmpresa) are referred to by Milton : ' Museum of Aiitkiaitio, Edinbuish. JScc Hn.UU Injuiria, p. 39,. Mr. Dallaway consider, that an imp«« property de- fined ,s pamtcd metaphor or rather an enigma inverted.' 'Enigman' he sayrrepreJt scntation of human qualities natural or artifdal bodies.' 220 HERALDRY IN SCOTLAND 'Races and games. Or tilting furniture, emblazoned shields, Imprnsti quaint, caparisons and steeds, Kases and tinsel trappings, gorgeous knights At jousts and tournaments.' ' Being only of personal import and changeable at pleasure, these impresses were entirely distinct from hereditary bearings.* ' PartuHit Lett, book is. -According to Anstis {On/. Gart. p. 184), the .ige nf Edward III. 'did exceeding1}r abound with impresses, motto*, and devices'; .ind that moii.irch himself, 'upon almost erery iKcasion, was much inclined thereto, su lar as that his apparel, plate, beds, house- hold furniture, shields, and even the very harness of his horses, and the like, were not without them.' Henrjr VIII.'s pavilion and caparisons, semi of the devices respec- tively of a pomegranate and a heart, seen in the representation of his progress to the tournament (Dallaway, p. 178), are an illustration of the fancy of his time. Mary *)ueen of Scots is rclaled hy Willi.im Drummond of Hawthornden, in a letter of l-t July, 1619, a little more than thirty years after her death, to have embroidered a bed of State with 'impresses and emblems.' He gives a list of twenty-seven of them, all in gold and silk, and adds that besides these the arms of Scotland, England, and France were 'all quartered in many places of this Bed.' See Drummond's Hhttry, and ed. 39;. Maxims and pithy s.iyings appear to have been in great favour in Scotland, in connection with architectural embellishment, particularly during the sixteenth and seventeenth centuries. Many existing edifices furnish examples, both outside and in the interior. Thus, over a doorway at Glenbucket Castle, in Aberdeenshire, with the date 1590, we have ' No -thing ■ on • earth • remanis • bot • faime ' (i.r. good repute) ; and round a shield of arms in the stair- case of Craigievar Castli, in the s.nne county, ' Doe ■ not • vaken • sleiping • dogs,' the date being 1668. Many of the houses in the old town of Edinburgh supply interesting ex- amples, of which several will be found in Dr. Daniel Wilson's Mtmoiiali, and Mr. Robert Chambers' pper on the ' Ancient Domestic Architecture of Edinburgh.' A curious motto occurs over an ancient doorway, at the foot of the Horse Wynd : 'Gif • ve • deid • as • ve • jovid • ve • myght • haif • a< • ve • vald ' ; and another formerly surmou "ed an old lintel of one of the Templar Lands, in the West Bow : ' He • yt ■ tholis • ovcrcvmmis,' which has lately been reproduced on a modern mansion-house in the southern suburbs of Edinburgh. Scriptural texts are of frequent occurrence ; as over the principal doorway of Northlield House, in the village of Preston, East Lothian : * Excep • the • Lord • bvid • in • wane • bvlds • man.' At Earlshall, in Fife, and Pinkie House, near Musselburgh, we find numerous instances of inttrier inscriptions. Towards the end of the sixteenth century. Pinkie belonged to the accomplished Chancellor Seton, who appears to have had a passion for Latin inscriptions, chiefly moral apophthegms, such as the following, which occurs over one of the fireplacw : ' Non cede adversis rebus, Nec crede secunJis.' IMPRESSES, DEVICES, EMBLEMS 22, The Device is a term which is. no doubt, very vaguely used. Meyrick pronounce, . device to be «. „otto, emblem, or oZr m'ark by wS noW,ty and genfy were distinguished « tournament,'; diftring from badge only masmuch as ,t was an arbitrary and often temporary dLction House Montagu similarly consider, the device to be almost identical wuh the .rnpr„s to which we have .h^y nrfe^red. being a -pah ed metaphor and .ntended to represent some temporary «„Le„t'of its possessor (to whom .t is merely personal), while the badge was 'a «,rt of subsidiary arms, used to commemorate family alliance,, or some territorial rights or pretension,.* » »wruon« But the device which wa, not a badge was not always different in it«lf »ron, the device which was a badge. The device men^oned above w^^h 1' th^r; ^"•'^ °^ Norfolk wa, idcnti^ with the badge— the cre,t of the Burnett,.* It would perhaps then be more accurate to «y that the badge wa. alw a device, but a device which had become a cognizance. Man yTevice, truly represent nothing permanently identified with the family or even the person But a device which reprewnted «,mething identified with the family wa, aot to become itself identified with it-a badge of it. ^ ^ Mackenzie take, great pdn, to lay down the rule, which he had learned pir::^ of:: ;;;; r^rte^ts t'r 'Avi., Picridum peragro loca nalliw ante Triu »lo.' xitn.flau and the «Z "f Seneca, «rh,ch are equally suitable for the rich nun', ' G/wtfry oJ HertUry, p. iij. ' Monugu', rfHtrMry, p. 48. « HERALDRY IN SCOTLAND from the Italians for the construci'on of the devke. The object repre- sent cii was the body ; it .nust he Wflll known, so as to be recognizable for what it is. And the words ^cc.Mr par.vin;' 't, which were the soul, must be so elliptical as to be * mysteriously imiK-rfect.* They must be neither clenching nor equivocal, for the device is neither an emblem on the one hand, nor an enigma on the other. The thistle with ' Nemo me impune /iicessit' he gives as a specimen of a tlevice (following Petra Sancta he takes it to be the earliest device known). The motto ' Una hirunUo hoh facit ver' (with a picture presumably) he calls an emblem. BADGES. The term Bauge in the sixteenth and seventeenth centuries was f: jcly applied to the crest. CJer.ird Leigh,' when showing an esquire's crest with a motto, but no wreath under it, calls it his badge, and explains that none under the rank of a knight was entitled to place his badge on a wreath. Shakespeare similarly makes the Earl of Warwick exclaim : •Now by my tathor's Ki-luf, old Ncvil's crest, The rampant hear cliained to the ragged staff.' - Fairfax, of the same period, another master of the English language, also describing a crest, calls it a badge : ' A savage tigress on her helmet lies, Tlie famous badge Clarinda used to wear ' ; and we have the testimony of Sir George Mackenzie (a.d. 1680) that IhiJge was the proper name for a crest in Scotland.' Nisbet, following him, says also that it was so in England too.' At the Riding of the Pariiaments and at other solemnities our noblemen, says Mackenzie, 'do bear their crest wrought out in a plate of gold or silver upon their lacquey's coats, which are of velvet.' * ^ AteUtns of Jrmoiy, i;62; see ud ed. 1576, p. 112. */. Henry I'l. act v. scene 1. The bc.u .ind ragged st.ift, .i Kidge nf great antiquity, has been used by all the families which have been successively Earls of Warwick. ' Seienee tf HiraUrj, chap. xxii. • "-VJ/^w, ii- pt. 4, chap. ;, pp. 11 and 17. ' Sdence of HeraUry, Mtt. BADGES 223 In both countriet the term was used also for the heraldic crosses of the national patrons even when used as buinert or the charges of coats of arms and shields. In the first sense Mackenzie calls the banner, azure, a cross of St. Andrew argent, the national l,adge of Scotland ; and for the rest, the o,>ening stanzas of the Faerie i^ueen, which describe the real St. Geonre- the red cross knight, •ycladd in mightie armn and ttlver shield,' are almost too well known to need to be repeated : •And on his brtst a bloodie Crosse he bore. The deare remembrance of his dying |,ord, For whose sweete sake that glorious bmlge he wore : And dead, as living, ever him ador'd : Upon his shield the like was also scored.' Under these or similar badges the English and Scottish footmen fought side hy side in the Crusades, and against each other for generations after. In thisgcneral sense of the term, arms and crests are still badges when used on doorways and walls, and windows, furniture and plate, coaches, harness, and hver.«i. The fulWrcss buttons of the highest officers of His Majesty's Household, and officer* like Bririrf, Amb.,«ulors and Privy Councillors have the whole Royal Arms and supporters on them. Other Court button, have only the arms and crown ; others again a crowned rose, . crowned thistle, and so on.* These last, however, are badges which have never been either Royal crests or bearings of the Royal shields. They are thus known in a .pedal sense of the word as the Royal BaJges for England and Scotland. Two Irish badges are used by the king, a crowned harp and a crowned trefoil ; and he has al» a united badge of the rose, thirtle, and shamrock, with one crown over it. The Prince of Wales's b«lge. known a, the Prince of wales s Feathers, ,s, however, probably the badge most universally known, TnowT ri'' ^"'"i''- "^'^ ^"e"^*^ ^^'^g^''- besi known now ,n the titles of the English Pursuivants, Portcullis, Bluemantle, it «i 7°'". """" P'"^'"^ a b«lge of the king in Scotlwd when •t first gave the title to Unicorn Pu«.iy«.t. Simihriy. a number of ancient ' H. A. 1'. TrendeU. Dre^ ^ CW/, ,908 : Plate, of Buttom, p. ,40. HERALDRY IN SCOTLAND English houses and some Scottish have had special badges which they used, and some of them use still, to distinguish their liveries.' These majr be charges borrowed from their arms, but they are not their crests, and therefore, like the Royal thistle, rose, and shamrock, are not represented on wreaths, coronets, or chapeaux. Among the best known of these are the bear and ragged sttff* of Beauchamp, Earl of Warwick, the hemp-brake of Lord Braye, and Lord Sudeley's tiger chained to a beacon inflamed. According to their nature they were embroidered on the livery, probably on the sleeve, or affixed to it so as to be a part of it. Thus the white liveries of the Earl of Loudoun have the black maunch of Hastings forming, as it were, their right sleeve.* Planch^ gives an interesting list of badges borne by some of the principal nobility in the reign of Edward IV. from a contemporary ms. in the English G>llege of Arms, in which only two Scottish surnames make their appearance, to wit, the Earl of Douglas and Sir Thomas Montgomery, who bear, as badges, a human heart and a fleur-de-lis respectively, being, in both instances, portions of the family arms. It is somewhat strange that the buckle of the Pelhams docs not occupy a place in the list, as it is generally supposed to have been assumed by Sir John de Pdham, in commemoration of his concern in the capture of the King of France at the battle of Poictiers.' 'At the battle of Barnet, in 1471, 'a strange misfortune happened to the Earl of Oxford (John Vere) and hn men, for they having a tur with ttreams (a mnllcl) on their livmct, u King Edward's men had the sun ; and the Earl of Warwick's men, by reason of the mist, not well discerning the badges so like, >hut at the Earl of Oiford's men that were on their part.' Sir Rd. Baker, Chromcle, p. 211. * The Earl of Loudoun is Baron of Botreaux De Moleyns and of Hastings, and quarters the Hastings arms, argtnt » nuuauk uM$. ^'Throughout the whole of that part of Eastern Sussex over which the Pelham influeiicc extends, there is no " household word " more familiar than the PtUam backk' It occurs as an appendage to the family anus ; on the ecclesiastical bnildingi of which they were founden or benefactors ; on the ornaments of their various mansion-houses ; on ancient seals ; as the sign of an inn ; on the chimney-backs of the farm-houses, on the mile-stones, on the turnpikes, and even on the backs of the sheep. See Lower's Curioiitifs of Heraldry, p. 146. In like manner, the flying spur of the Johnstones is to be met with, under various circumstances, in different prts of Dnmfiriesshire— at one time larmounting the steeple of a parish church, and at another adorning the paper wrapper of the gingerbread for which the town of MoflSit is so justly celebrated. BADGES „^ The Great Seals of the first four Jameses of Scotland, once incorrectly regarded as precisely similar, bear certain distinctive marks-an annulet a «eur-de-li., and « trefoil having been added by James II., Ill , and IV respecfvely « Perhaps these figures may be regarded as something of the same character as the badges or devices assoctateil with the armoria] .ns,gnia of the English sovereigns, but most probably they are more or less arbitrary marks made for the purpose of providing a distinction between the one monarch*, seal and another. On the privy seal of James IV (.506). whose Great Seal bears a trefoil and no other difference, we find a mu.let above the shield, a mascle or lozenge at the dexter side of the crown and a crescent behind the dexter supporter, which is charged with a saltire' on the loins, but no trefbU.* On the first Great Seal of Queen Mary a crowned thistle is placed behind each of the supporter., and the shield sur- rounded by the collar of that Order ; while on that of her son. James VI (1583). a part of the caparisons of the monarch's charger are embroidered with the same figure In thew the diflFerences are not arbitrary and the badge, the device of the thistle, is included. On the counter-seal of V^Talter Stewart. Earl of Atholl (1420) is a dev.ce resembling a stag « couchant,' which, as Mr. Laing conjectures.* may have been a fiimily badge and we may mention that a somewhat similar figure was carried a. a h«Ige by Richard II. of England,' who inherited it fron, h.s mother, 'The Fair Maid of Kent,' the daughter and ultimately sole heiress of Edmund Plantagenet. In alluding to certain devices used as badges, of which the signification was not weU known unless from the explanatory legends which were applied to them. Nisbet specifies 'the caltraps (cheval-traps) of the Earls of Perth, and the salamander of Dunda, of that .Ik. The thistle and rose in the Royal achievement issuing out of thecompwment. the well-known device of Scotland and EngUnd united under the Crown of King James VI. is more easily read.* ' Uiing'i C*t»hgfit, N«. 45, 46, so, and 5 1. t j j » Plate ; Uing, i. No.. 59 and 67. « Lain,, i. No. 795. ''Syittm t/Hera/Jry, vol. ii. part ir. p. 45. 226 HERALDRY IN SCOTLAND Among the Highlanders, however, another species of badge it used as a mark of clanship, in the shape of « leaf or sprig of a particukur tree or ahrub (usually an cvciyrcen), which is carried in the Ininnct or on the coat.' Thus, the badge of the (Jonlons is ivy ; of the Campbells, wild myrtle ;* of the Buchanans, billM;rry ; of the Camerons, crow-berry ; of the Grahams, laurel ; of the Murrays, butcher's broom ; of the Robertsons, heath ; of the Macdonalds, common heath ; of the Mackenzies and Macmillans, holly ; of the MarCJrcgors, pine formerly, now oak ; of the Sindairs, whin or gorse. Tradition says that while the thistle was the badge of the Celtic kings, that of the Pictish kings was rue ; hence, it explains, the joining of the two plants in the collar of the Order of the Thistle. Sir Walter Scott mentions that • the downfall of the Stuarts was supposed to be omened by their having chosen the oak [which was not an evergreen] for their badge of distinction.' * As examples of devices,* we may mentbn the blazing star of Captun Robert Seton of the fiimily of Meldrum, with the legend, * LMcee bortule ; ' •'■ the fixed star of the Montmorencics with the word • Apart from the badge of his clan, a chief in Highland dress wean three eagle's pinion feathers in his bonnet. A chicTi ton, ur the head uf a sept, wean two^ while every clamman it entitled to wear one. -Or fir-club mott. *I»ckhart*9 Liji »/ Srttf, Letter to Lord Montagu, a4th May, i8ia. Logan, Stmhi Gael, 1S76 cd. i. 30a, note w. * On this subject see Mackenzie, Science of HeraUij, chap. xj|«iv. ; Ni»bet, Syittm »f HtraUry, ii. pt. iv. chap. vi. p. 24 ; Montagu, S/»i/r«/'//rr«/^, p. 48 ; Viuntkk, PunmwMrf Jrmi,f. 180. 'Nisbet, i. plate jv. fig. 5 ; ii. part iv. p. 135. BADGES Somer.«t (the eldest son of John of Gaunt hy hi, third wife), „ «, addrtKHMl «urity to the gates or porch of a fortress, so his descent through h., mother rtr«,gthe««l hi. title to the Cnmn.' Both the parti- coloured rose and the portcullis of the House of Tudor.« a. well aa Lny of the other cognizances adopted by the Kings and Queens of Kngland, which would, .n one sense at least, >e accurately described as devices are frequently spoken of a. badges, for they certainly performed the office of badges. But, as we have seen, they were true devices in chamcter. In short, a device does not change its nature on being adopted as a bulge* In the case of several English families (including the Harringtons, the Heneages, the Stafibrdt, the Lacys, and the Dacres). the badge consisted of a fret or knot ; and the well-known bulge of the Hungerford. wa. made up of a garb (derived from the Pevcrels) and a sickle, united by a golden cord. Ajnu/beny tree was embroidered as a badge on the housings of Thomas Mowbray, Duke of Norfolk, in allusion to his surname ; and, in Hem^ Vp * """^ ^ ^'"^ ^"j""' °^ 'The daise a flourc white and rede In French called la belle Margaretc.'« supi'ok 1 i:rs or hkarf rs and compartments. Various opinions are entertained by heraldic writers respecting the ongtn of SuppoRTiRs, which in Scotland were formerly termed Bearen^ 'The p.«cullis ha, hecn used a, dcv.cc by .he King, of Scotland ,i„ce the marriage of ^ itZt. generally s;'"*'"' ^^^^t^'^ England, see Montagu', ./ ' Chaucer. J In „ heraldic MS. in the p«se«i„„ of the Ear! of Da-nomie. at Brechin C. tic. the crests Mll'ltr'^'Z"' T ""''""^ ■■ K .r of 2a8 HERALDRY IN SCOTLAND N\ hilc some consider that at first they were merely i ili-^ itc ot th> ctuM ivi r to till the void sauces l)«twccn the triangular shiuiit ami the circu .u i^rdcr of the aetil, othm (including Mencttrier and Nitbct) tnce their adopt - m to certain ceremonies performed at tourmuncnts, where a knight, on hattging up his shield hct'orc his tent by way dt" chall<.;ig^, plactvi ''is p • ^ or armour-bearers on guard, grotesquely drcsseti as wild men, lions, nr.igoiis, etc., t J report to htm the name of any kni^ nt who might touch the escutcheon in token of s ai> cptance of the challenge : and they conclude that these fij'u ■, ot whuh wc h.ivc numerous examples m ' -it-i Knglish nv' Scottish hcr.iUlry, were afterwards adopted as armorial su, |H)rtcrs. AH i lust adn'it that there is a body of testintony to this practice at tournameni>, but «• agree with Woodward that supporters had been inventc*! beff>re it is allc^ ;d to !,ave ct)ine nto uae.' SirCieorg' Vlacken 'ici otnpiiii' h.it supp' 'tf took iticir rise trom the solemnities attendant upon the creation ot the )!)ilit\ in the olden time, when the person about to be invested with any honour was led before tlw sovere^n * between two of the quality,' in remembrance of which occii' i,:ice h s escutcheon was afterwards supported h 'an\ wn creatures' /e might fee' (' >po5ed to select.' Acionliii^ to viev numl>cr ot j>crsonai;CS touiul the sight of a savage dm each idc o, ir a reminded them of tiw occasion of their ennoUement ; otherrcference tc another, nam iy, t' rst if the conjectures,., vl to agree with .Anstis, in his '-r-'ogta. wf u t lys : * As to supporters they w«re (1 take it) the invcnrion of t*e graver, who in cutting on seals shields of arms, which were i a triai^ular form am placed on a < Tcle, finding,' a vacant plac< at earh ■ and a w ai rh' top the shield, tiuugifit an ornament to fill ^ 'h ine > che garbs, trees, flowers, plants, cars of com, h net tV jr.^.. iions, w crns, or some other animals, according to their t cy.' On account of the >osition to vvh:ch :ta n. . ^- h heraldry , we propose, ■ the first place, . cvuie si i^r, • to t( 'r rise and to the practii. of the pa»» in their treatment j por * HrraUry, Britukdfd foi. •n, ii. »7». • Mackenzie, SeitMee Htr. t, < 'up. xxxi. -ON-iIl£KAMjiC SUPPORiERS aap " if the law which a oml«ritoo.i to govern thmr um to- a» till ' ^^.osc, nt .peer. Whatever our theories of the c.gin of employing _ PP rter. ar. .t .s to seal, , must turn for the earliest recor J, of f e sh«ld .s only supported in « popuhr .nd non-herddic «rn«, ^ ly. I. the owner h.mscif or herself; and a numl^r in which the .hieid ^ rM T^'^U-'"" V"*'L'"'''"''" °' ""f'P^^'- "'^'^'^ always rta-r,|y he«ldK. Afmn from the fiict that they include «,mc of the most tcr. ,ng and, ^or other purpo.e.. mort important «.]. which we h.ve. ^"a- before passing on to the cons- '^tbn of the IT" * occur in pairs. The f st of them is the ... ' ,f ,he knight, ^ ■ seen in full panoplj armour almost invariably on a K" cha , with hi. Aield at h, W Be he a mere kn'f.ht, or nto e bargain, or even a King, it is he hmtek who is '9 «e; nd no servant, creature, or it strumcnt ..t there -ly ... guar n, arms show them off. As instance, of these hields e only to mention the war .ide of the Great Seal^ of our Kings on, .Alexander II ' when the Royal he aldry first appear., to James V... the equestrian seal of Bruce the C.mpemor, in ,29..' of Walter ,hc H,«a Meward .n IJH-.S.^ or of Sir Hugh Kglinton in ,358. u th his shield and ,n addition h.s armorial banner his head.» To the same class, so r as the support of the shield goc .^s the seal of ,273 of Roger de 'iunu the Great Constable, in wh . -en on foot in combat Lh a ; • also the seal of . 5 „ of Sir Ro zies of that ilk. in which in . armour with h.s shield, and his cres,. im on his head, the knight kneels on one knee.: The das. of seal to which we diude comprehend, h IH u J f^' " represented on it. stands with a shield m her hand, as in the seal of Margaret de Br .esin (a.u. , 296), where she holds in her right hand a shield bearing a lion debruised by a ribbon • - or in that of Margaret Bruce, Lady of Kendal, in ,280. who hold, her ^B.M. .4.777...,. »IW„x.;M.Hd..7o. M.J. 2,-+,. -.,M,uc >^,iv.; M.,cd. 84. ..Ph:c viii.; M^d. 'Macd. 1956. W.thihis ' Macd ,4, ^'^'^ "^^^ ^""^ 'S»»-Macd. 1957. 230 HERALDRY IN SCOTLAND own paternal shield in her left hand and that of her husband, Robert de Ros of Wark, in her right.* The seal of Margaret Stewart, Countess of Mar (i .u8), represents her holding up a shield in each hand (Mar and Stewart of Bonkil) with the assistance of two eagles, each of which holds one of the shields by the upper edge in its talons, and has the guige of the shield in its beak.* The seal of Euphemia Ross, widow of Randolph, Earl of Moray, and wife of Robert, Earl of Strathearn, afterwards Robert 11., shows her holding her own shield ot Ross over the battlements of her castle, while a lion sejant guardant on the top of a turret on her right bears the shield of Stewart, and another similarly on her left, the shield of Moray.* The seal of Devorgilla of Galloway, wife of John Ralliol, is to be seen attached to her charter of 1282 a.i . to Balliol College, Oxford, which her husband had founded. His shield, bearing an orle, is in her right hand, and her own with the lion of Galloway is in her left. It may be added that beneath each of these shields is a tree. On the dexter tree hangs the shield of Chester, three garbs, and on the tree on the sinister, that of Huntingdon, two piles in point.* One more seal should be mentioned here — the seal of 1266 a.d. of Sir Adam of Kil- conquhar, which belongs to both of these classes, for it represents both an armed and mounted knight and a lady with a shield in her hand. The lady is in the act of giving the shield to the knight. It bears three cinque- foils, which are to be his cognizance, as he has already put caparisons on his hone on which they appear.* Instead of these seals, each of which is of the nature somewhat of a device somewhat of a portrait, or along with them as a counter-seal, another seal was used of which an achievement of arms was the principal part, occupying the centre of the seal without any repreaentatton of the person whose seal it was. In pre-hcraldic times this kind of seal bore the badge of its owner alone, in heraldic times the shield appeared on it, and the badge was on the shield ; the badge had become heraldic. This is the seal on which in time the crest appears, and the supporters, with which we art mainly concerned at present. ' Macd. 267. ' Plate xxx. ; Macd. 2560. ' Plate xxxhr. ; Macd. »3J«. opiate XXX. ; Maid. 102&. 'Plate xxx. ; Macd. 1497. THE SINGLE SUPPORTER 231 THE SINGLE SUI'PORTKR. In the meantime, from the year ,280 or so, before the introduction of the crest us a cognizance permanent enough to be carved on a seal, an undoubted supporter of the shidd had been employed singly. i„ the form the shield and holding it on or off the ground. A tree was a favourite supporter m the thirteenth century, and was «,metime. alluded to in vords us >n the seal of Patrick, first Earl of March, in ,192, on which the snield' han^ from the nuddle tree of three. Round the seal are the words ' Parmi ceu kaui bots conduray m'amu.'^ This form of supporte- gradually sank .n o disuse m the fifteenth century. The two most remarkable supporters wh,ch took ,ts place form a class by themselves-the first is an eairle d.s,Jayed. bearing the shield in front of it. or. it may be, two or thL sh.cWs on .ts breast and wings; the second is an angel with his wings similarly extended, and bearing a shield or shield, in the same way. The «gle appears thus in the thirteenth century, as on the seal, of Sir Alexander de Abernethy (a.o. .296) and Alexander Cumin, Lord of Buchan (,297). The seal winch Alexander Stewart or Menteith, Earl of Menteith, used ab.>ut the year ijoo exhibits another instance of this supporter ; so does e sea ot Alan, next eari. who died about ,308 a.o.. save that in his seal he eagle .s two-headed.* We may call attention also to the seal of Walter Leshe (,367), already referred to as one of the earliest Scottish example, of quartermg (plate xxxiiL). *^ Englirf, heraldry «,pplie. «milar examples, of which we may mention the annonal .ns.gn.a of Richard. Earl of Cromwell, brother of Hen^ III., and of the ancent family of Latham, in the fourteenth century.. Sometime, the ' Plate nxiv. ; Macd. 787. ^ A cur.ou. .nsunte of a .hieU pUced on the httm of. hawk ii «Hk»d hv Hnn, • l^kU B,a, viz. the arms of the Lorf of th« M.»<» sZ. T ■ ^ ^ It app«rs that who. Ch.rl^ I M i.- '» tkt county of Oxlbnl. ppears that wh«, Ch.rl«, I. heU hi. p«JU««« « QxM, the oftr of knighthood «m 4 1 HERALDRY IN SCOTLAND eagle is charged with more than one shield, as in the first seal of Margaret Stewart, Countess of Angus ( 1 366), and that of Euphemia, Countess of Ross, in her own right, and wi(iow of Walter Leslie just mentioned (a.o. 1 394) (plate xxxiii.), on both of which one eKutcheon appears on the breast and one on each wing.' The most fiiinous cases of the shield supported by an eagle are, of course, the armorial achievements of the Emperors of Germany, Russia, and Austria, and the Republic of the United States of America, the eagles of the last two empires being two-headed, and that of the Republic being as natural in colour and drawing as those of the Empires are conventional. Full descriptions and illustrations of these arms will be found in Wood- ward's Herald y, British and Foreign. The German eagle bears the arms of Prussia, which again are an eagle with the emblems of sovereignty in its claws, and charged with the escutcheon of Hohenzollern. The Russian and Austrian eagles have the symbols of sovereignty in their claws, and in addition the eagle of Russia l)ears the arms of Moscow {)n its breast and four shields of Polanil and Siberia, etc., on each wing ; while that of Austria has three on each wing and five on the feathers of the tail, besides a shield of Hapburg Austria and Lorraine on its breast. Much of the eagle heraldry of the Continent is traceable to the adoption of the eagle of Rome by the Emperors of the Holy Roman J'.mpire as their ensign. Among their subjects it came to rank as a thing of Imperial concession. But in Scotland, which was not within the Empire, the eagle was used to a considerable extent, and without any apparent restriction of class, by knights and ladies, burgesses and churchmen, and by one town at least — Perth, as early as 1357." The device of the eagle bearing );ratefu1l)' declined by the then Lord of Stoke-l.ynr, who merely requested, and obtained, the r'ly.il pcnni^sioM to \ !ace the arms of his famil}- upun the breast uf a hawk, which has ever since been employed in the capacity of suppi)rtcr. ' In 1300 or thereabouts John Comyn's seal bore an eagle displayed, on whose breast and wings he placed his ensigns, three garbs, without the intervention of a shield. Macd. $83. •H.M. 15,590. The M.ime of the toivii for .< lon^ time w.i* S;. Jolinstonc. But it ii doubtful if the eagle which bears its arms — the Agnus Dei with a banner uf St. AnJ. : v — is the eagle of St. John, {.anark has borne a double-headed eagle as its principal >* - : -om 1500 or so. THE SINGLE SUPPORTER the arm, with his wings displayed, that is. in the act of flving. is an apparent .1 u,.o„ to the text. • I bare you on eagles' wings and brought you unto " self (Exodus X.X. 4). The Emperors, though they deriv^ their eaJefZ pagan Ro.e, deduced it fro. the two great Eze.iJu^^^^^^^^^^^ In the success.v<. sh.elds of several Scottish houses the eagle appLnow as a charge and now „ a supporter displayed. Thus, as'we Save s^eT eal T^r' Walter Leslie, hadle' eagle d, splayed as the.r supporter. Their daughter and hcire,, MaJ^^ marr,ed Donald. Lord of the Isles, who then placed an eagle disda3Tn front of h.s lymphad. and the royal tressure. which Marga.ft a^toug t w.th her. round the whole. Their son and heir Alexander made the lymphad thus surmounted, his first quarter in hi, ,eal of ,440.. but in anotheJ^ h. removed t e eagle and placed it-again a supporte:iUind hi::;;^" t «als of h., turbulent successor John are know., (a.o. ,449-1476) On the t::^^ - ^ °" ^h- ^^he'rltsl ancestor Donald s supporters, two lion,, and place, the eagle on hi, shield on the th,rd quarter. On the last he, now Lord of the iZ onlv Ik. th. four cases of the eagle supporter belonging to the thirteenth century six mo,, appear ,n the fourteenth, and eleven in the fifteenth, among which i! e two-headed eagle which, in ,438. support, the arm,-t;ree eafles head th;I\^r T'""^ ""^'^^ ^"PP"^^^-- ^i" we find it, as we h n at least, m the «d of ,390 of Marjory, daughter of Robert hut the .dea, or one even higher, i. to be found In the Privy Seal of Dav.d II. .n ,3,9. There the King's shield is borne up by'two el- ^l.ng arms wh.c issue above it from a cloud (plate xxxiv^). ^rBi c" ^ n them an aUu,.o„ to Deuteronomy xxxiii. .7. < Underneath are th I late xxiii. , w , »Macd. ,9;6 "^'+' '794-80,. Macd. *569. HERALDRY IN SCOTLAND everlasting arms.' ' On the seal of Joanna of Moray, G>untess of Archibald the Grim, Earl of Douglas, in 1401, is an angd supporting two shidds.* Archibald, fourth Earl of Douglas, used a counter-seal on which was an angel supporting a monogram, the principal part of which was the Gothic letter : it may be seen repeated in his main seal (see plate xxxiii.). The monogram thus piously recommended to heaven may represent Margaret, the Earl's Royal C luntess, daughter of Robert III., and it may include Jt for his own Christian name. The seal used in 1459 by Mary of Gueldres, ^ueen of James II., afford* one of the best known examples of arms borne by an angel (plate xxxiii.).* The other supporters which appear singly arc of a different order. The seal of Muriel of Stratherne (1284) {supra, p. 135) furnishes an early and curious example of something approaching at least to a single heraldic supporter. The seal, which is pointed oval in shape, contains a hand and u-m visted issuing from the sinbter side. The hand holds a falcon contourni by the jesses, and on the arm rests a shield (bearing the two chevrons of Stratherne), the dexter chief of which touches the bird's breast. Some of these single supporters are, like the falcon just noticed, [daced at one side of the shield and clear of it, others are behind it or nearly so. Of the last position the lion in the seal of 1369 of William, first Earl of Douglas, is perhaps the earliest, and in more than one way one of the most interesting. Here the Ibn is represented sejant guardant, with the earl's crested helm on his head and the eari's shidd dung over his left shoulder (plate xxxiv.).* The two most interesting series of single supporters which we know of may be said to descend from this curious achievement — the one in the arms of the succeeding earls, the other in those of the heirs of line of the origind house. Alternately or dong with achievements with two supporters, the earls bore a single supporter as follows : James, second Earl, a lion ; Archibald, fourth Earl, and Duke of Touraine in France, a hairy savage holding a club and the shield in his right hand and the crested helm ' B.M. 14,857. ''Plate xxxiii. ; Macd. 2057. ^ Laing'i Ctukpu, 48. * Laing, i. 137 ; Macd. 6;;. A similar FIcfliMh eumple (13S9) meadoocd fajr Niibtt, Spurn 1/ HfraUry, vol. ii. part iv. p. 31. THE SINGLE SUPPORTER Wfc iililJ^^" ^^^^'^"•'^'^^^ Earl, in ,431. the sa.c;. vv.u«m, eighth Earl, m 1446. a savage kneeling on his right knee with a tTof il" «y death of e iconic S^riotof ^id K ' f °^ °^ ^''^ Douglases c id h • " "^^h" *hich is known. rr.ed h,s arms m 1466 and 1471 with a single supporter, a lady on he dexter s.de holding the helm and crest, 'in ,5^^' de^^n aJ.on a. James, the second I^d had also, in two seals. ,583. of a hI;' "'i'f 1 "^"c^ ^'^^7) ''"PP-'«=d on the shoulder ^-1; ; ""rl" '''''''' I^-g'-. Lord ph ne (,400) (plate xxxiv.) is supported by a lion sejant guardant in part expanded ,s the supporter of the shield of George Faulo. Provost of lo^d J / ' " laat-mentioned: on thf Holyrood Palace.* As early as the year .341 or thereabout the unicorn is James. The an.mal may be described a. at a a«ter ; the ahiddTwhkh ;Macd.668 .Macd.67.. .M«d.6;6. «Macd. .36.. Macd. ,367. ,36.S. .369. •M,cd.;4..964. Edinburgh anrinverlthit . °f « m-ket cro„.Y. at horse o( Q,,,,,i^ '^'2iL^l}ZT^'^' " the -inged pillar, of .h. o^^J"^:^"^ " TWnhi... So too. the b„„ o„ L 236 HERALDRY IN SCOTLAND is on his back, slightly couch^.' Nisbct records that he had teen the unicorn, carved on the steeple of the Nether Bow of Edinburgh, timikriy beving on his back the arms of the King.* The armorial shield of Sbr James Edmonstonc of Duntreath, dated probably about 1600 A.U., is represented on a sculptured slone at Duntreath Castle, with its base resting on the hump of a camel.* Alo with the last-named unicorn and camel must \k classed f*o supporters which are sometimes spoken o? as compartments. These are the sala- mander in flames of Dundas of that ilk,* and the Duntreath Arms ' man,' as Mackenzie calls him, manacled, fettered, and chained, under the arms of Robertson of Struan. ' Sir George Mackenzie rightly describes them as ' creatures upon which these achievements stand.'* Nisbet, who agrees dnt they aic not compartments, contents himself regarding the salamander with remark- ing that ' it is of the nature of a device ' ; but designates the chanwd man of the Robertsons ' an honourable supporter.' " Another form of supporter is the stag's head affi-ontie, on which the shield is placed so as to stand between the horns. The device reminds one of the cross in the same way between the horns of the stag in the arms of the ancient burgh of Canongate, or Holyrood, and the legend of the stag which in Scodand is attached to Holyrood. But the device with the shield is very old. John de Laundel, in or about 1224 a.d., has it Fredcin de Laundeles, Malcolm, Earl of Lennox,* and Walter Logan aO have it about ' Macd. 653; Dougla: Book, i. 192, 199; ii. 549, fig. 6. '^Sptem c/ Heraldry, ii. 155. It supports similarly the arms of Queen Mary (1561) at Rosyth C.l^tlc, and those of Hay at Craigncthan. 'The present supporters of the Duntreath family are two rampant tioHi; but accordinn to Workman's MS., quoted by Nwbet (i. 1+1), the supporters of Edmonstone of that ilk, after- wards designed of Ednaro, were two camels proper, and the crest a (.amel's head and neck. The lions appear as supporters on the seal of Sir William Edmonstonc of Duntreath, Justice- General of Scotland (i+ro), the • rest, however, being, we think, a camtfi head, and not < horse's head, as staled in Laing's CtUahgfu, No. 305, and Macd. 839. ♦ Hate xxxvi. » Plate sxxvi. « Scienti t/Htrtidry, chap. xxii. ' 5jtttm if HtrtUry, ii. 1 35. » PUte xxxvi. THE SINGLE SUPPORTER ,37 i, J!'^!! t"^^"' ''"8'* '"PP°«" *° ^''•'^h have to allude s no,ccd by Mr. Lower «. being peculiar to the fifteenth and sixteenth ccntur.cs, v,z where the arms are represented on a banner, the .taff of wh^ch • ., supported by an animal either in a 'ram-^ ' or • sejant ' postuVe l; an example, he refer, to the armorial insignu r Roger Fynes Treasurer of the Household to Henry V,.. which are ..u .presLed'o:;! TrL" gate of Hurstmonceaux Castle, in Sussex, the supporter being an alaunt o Scot .sh style, bear lances with banner, of St. Andrew and St. George, in addmon to support.ng the arms (plate xxii.). Before the Union ( , 707) he banners bore respectively the Royal Lion and St. Andrew's Cross. The stag-hounds supporters of the arms of Scrymgeour-Wedderburn. the Heredatary Royal Standardbcarer. stiU bear these banners. On the rved panel already mentioned, belonging to the older part of Holyrood built by James V., the un.corn supports both a shield and a banner of the Kine*. arms In I453 the supporters of the shield of James, ninth Earlof DougL chd the same double duty, enabling the earl to show arms which are n^ hose placed on h,s shield.. The henddry of France. Belgium, and Holland furn,sh examples similar to these. England ha, further iliu«ration in Robert. K.G. (tomb, ,43,). Henry Percy (seal. ,445). and other,. *Macd. 1545, ,596,;, 1738. ^Curimties tf Heraldry, p. 142 » banner at "^1 ^ . ' * P""""" « ""^ m^,,.\,^i charged with . cr«Z uan^; "i':„5ir^^ ^^^^ » ^ banner at L s.ern l^. 238 HERALDRY IN SCOTLAND DOUBLE SUPPORTERS. About the end of the thirteenth and the beginning of the fourteenth century we have numerous instances of the seal from which the best authorities, as we consider them, deduce the idea of supporting the shield from its sides. It is found exhibiting a shield placed between two animals — in the earliest cases, probably meant for dragons, which usually resemble lizards, winged or not winged, according to the space available or the seal engraver's hncy. In some cases there are three of these or other small animals round the shield, and at times as many as four, none pretending to have anything to do with the shield, unless to get round it, and all too small to support it. Thus in each of the narrow spaces between the sides of the shield and the annulus for the legend on the seal (a.d. 1285) of Robert Bruce, Earl of Carrick, we find a lizard or wyvern, head upwards (plate xxx.).' In the seal of Reginald Crawford (a.d. 1296) we find along each side of the shield a dog courant, and along the top a fox passant (plate xxxv.).* In the seal of John of Strathbogie, ninth Earl of Atholl (1270- 1306), there is a lion passant guardant above the shield, and another below it, while at either side is a gryphon segreant.* Malcolm, Earl of Wigton, in 1344, used a seal which similarly has a hawk on the sinbter flank of the shield pursuing a heron, which flies along the top, while a stag on the dexter flank is pursued by a dog at the base.* But this is merely the byplay of the artist of the age, among whose commonplaces even in the tracery in the stonework, iron, and woodwork of churches, and the illuminations of books of devotion, such things were. Admittedly heraldic supporters, if indeed they arc not a mere development of these fancies, arose in the same way.' There is not much to be ' Macd. 277. Thrte aninult beset the shield rather than tnj^rted it. 'Macd. 52;. 'Macd. 2729. *Macd. •Nisbet refers to the lozenge on the seal of Margaret, Duchess of Burgundy (isS^t) .is being supported hy fiur animals, her husband's two supportcri (eagles) being placed on the two upper tides of the shield, and those of her father (two ix-.i' 'sejant') on the lower sidet. SyiUm HtrMj, vol. ii. pan iv. p. 31. See alio another cui^>iis example engraved hf Mr. Lower at p. 144 of hit Curkrilitt ^ HtrtUrj, SUPPORTERS «39 made of the test of actual support by supporters ; there are unounAon^ supporters .„ afterfmes that do not touch the shield. No real line, also, of d..f.nctK,„ au. be d«wn between the ide. conveyed by the lions-ad^itteily small .n the sed ofWiDiam Stirling, of ,296 or thereby., and some of the undoubted supporter, of later date, which we .hall meet with presently as we proceed to consider the history of supporters which occur in^iTs a h..t07 whKh „ay be md to begin for Scotland with the appearance of t'he ««lofPatnck.nmthEariofD«nb.r„d.eco„dE«^of^5anc^ ,334. centl^" Th " , ''^^ °^ ' "PP"*" ^Wrteenth century-the smgle supporter from behind the shield fully recognized in .266, and .t leaat the beginnings of the alternative method visible in .296 or thereby „ .334. „ .fcortly before it. the addition of the crest, and w>th .t the helm, to the heraldic achievement wm followed by thl advancement of the ornamental and perhaps symbolical animals placedTt the ».de» of theae arm. to a position of great importance on the seal in the matter of «ze. . po«tK,« owmg to which they came in time to be of heraldic consequence as well. "^^nuuic "^'""'"^ *° *he earliest he«ldic seal with the shield m the middle and alone, that seal which remained, a. long documentary «1. were used, the seal of the majority of perTns • pi we have noticed aho the .e.1 in which the shield L Zoy^Tl^ lower edge of the seal or towards it. to make room for the helmet «,d cre.t which then came to tower above it. A glance at the illustrations of these 1'k T the legend at top and bottom. Uiger .p«e, than the«tofore were left fy it at the Ide^ and that three principal methods were adopted to fiU them. The one 1^ Robert Erdtine (pUte vm.). „d those of several of the other Lord, of *U\ng, i )te ; Macd. 860. HERALDRY IN SCOTLAND Parliament which a»"e attached to the documents connected with the settle- ment of the crown in 1371, 1373,' illustrate this method. The fKond method wu to introduce an independent diapering, of foliage pcrhapt, as in the aeal of John of Hamilton in 1388 (plate xxx.). The third method, illustrated, it is true, by the earliest of those seals with helmets, etc., now extant, the seal of 1334 of Patrick, ninth Earl of Dunbar (plate xxxiii.),* was to place there two animals, or to enlarge those there already, and form a group of them with the arms — the shield, helm, and crest. By this method the achievement appeared to extcpd outward laterally to fill again the space once tilled, as we have already said, by the shield alone. It is not our business here to discuss the artistic merits of these methods; but it has to be stated that the first variety fell first into disuse. The second variety for long was retained when there were no supporters, and ultimately was dropped in favour of a style in which the mantling of the helm by a marvellous development and elaboration was enabled to occupy as much of the background as art desiderated. So in all cases the heraldry came to occupy the area of the ical. The use of double supporters spread only slowly, and by no means steadily. The ninth Earl of Dunbar, as we see, adopted them. His prede- cessor, Patrick, eighth Earl, had represented his shield suspended from a tree.' Sir David Lindsay of Crawford's seal in 1345-6 bore his shield sup- ported by an eagle displayed.* His successor, Sir James, added his helm and crest to his shield, and for supports substituted for the eagle two lions sejant guardant * It is clear that the helm and crest put the di^layed ei^ out of the question as a supporter unless the eagle's head, like the Douglas lion's, was put into the helmet — an expedient of which we know no instance. Sir Robert Erskine, as we have seen, filled the spaces which flanked his arms with carved tracery of an architectural kind. He adhered to that style as late • Facsimiles in folded p.ige> in Act. Pari. Siot. Record ed. i. pp. 546, 549. 'Macd. 789. •Plate xuxiv. ; Macd. 787, also 786. It is interesting to observe that though the ninth Earl plated supporters on either side ot his shield, he placed a wyvcrn underneath. The shield of Thomas Stewart, Archdeacon of St. Andrews (natural son of Robert II.), who died in 141 1, though supported by two wyvems below, is supported hy an angel above. Macd. 1589. * Macd. 1631. ' Macd. 1633. /// , •! .1/ -I'' .1/ IHOf/MA .•Ii;f.i5ri'sjt/(J')., .;0i ... Pi.*i> xxx\ ARMORIAL SEALS. 1. *.!>. 1296; M.iKi>1ni, Karl of Ltnmw. 2. A.O. 1x96; KeKinakl of Cnnford. V *.». tt9$i William Stirling. 4. A.ii. 1406- ^6 ; Jamt. 1. Privy Seal. ;. A.u, I 513 i Colin Campbell, third barl of Arj{)li, 6. A.i>. i)t4 t William de Scton. «.». 1396; William de Ruthven. > \.D. 1560; Margaret Douglas, wife of Jame- Hamiltni., -cumd Earl ofArran and Duke <>f CkattliMnalt. 9. A.t). 1651 : Henrietta Maria, <^ec* (widow) of Cliarlct L, cbughMr of H«iir\ IV. of fr«.ne. SUPPORTERS as 1374.' but his sons ^.doptcd supporters. Sir Thomas, the elder, took two gnffins ; « the younger. Sir Nicolas, took on the dexter a half-length man and on the .mister a half-length woman." Of the thirteen baron, of Parlia ' ment whose seals remain affixed to the Dedwtion of ,37, of the right of John Earl ot Carnck (afterwards Robert III.), to succeed to the tlTrone* five adhere to the old form, and show their shields alone on their seals of these only three add supporters also.*' Wh, e the terds of PWkment did not aU exhibit supporters even on the,r seals wh.ch, as lords, they adhibited to Parliamentary documents of the ^[TT TT'.l^r °^ "° P''"'^"'^^ '^'g^" them. In 1360 the rfjield of John of Gamry. a canon of Caithness, is supported by two mermaul.. Among other prieat. who have supporters. WiUiam of Ca.rns. v.car of Glam.s .n ^455, ha. two lion, .q,„t guardant.. GUbert Brown, ba.he of Perth, i.as two lions in 1^65,^ and in ,499 William Cmb. burgess of Aberdeen, has two swans (or herons) with expanded wings >• TK u l^'^'J'^l'^ "«d continuouriy when once assumed. Idtl^ E"';of March u«i them pretty con,i«enUy. the .econd and th.rd Lords Ersk.ne, desce .Jants of Sir Thoma. Enkine who. a. we pT^";^'1'"PP°'"''"'°'"'"'^ Theeleven seals of the Grahams Earb of Stratherne. and Earls and Marquise, of Montrose and Menteith l^'li'll^- »PUte,iii.,Macd.86,. » S.r Walter de U,Iie ; Sir David Fitz-Wal.er, Lord of C^bow .^c^or of^". h r w.«rd.H.iB^o., ^^^^^^^^..r.,..^:,:z::!^::zi ' Macd. 1065. • Macd. J05. It was the habit of the priests to ityle themielm bv thits), and eagles. It is remarkabk that wyrems and ea^es should omm so late in this class of supporters. We iiave not observed cases of foxes till those of Scton in 1608. Storks were known in Scotland in 1416, when a pair built a nest in the belfry of St. Giles's, Edinburgh,' but we only meet them, as the supporters of the house of MontrtMe, on a teal in 1675, and then they are called herons.^ As early as 1389 Monsters appear — there are lions with women's heads on the seal of Sir David Lindsay of Glenesk.' The prototype of all these supporters was the fabled dragon. We have already noticed the occurrence also of the gr}-phon. Winged lions support the arms of Stewart, Earl of Angus, in 1 357,^ CampMI of Gfawi f diy tm unicorns with lions' bodki in 151 1," and Elphinrton, Lord Coupor, winpii stags in 1620.' The house, and indeed the individual, who adopted one of these kinds 'Mi'd. liioand 1116. Macd. 1166-1170. 'Macd. 1271-79. ' h..\t'mi,i t c'"»/(/j, 1 1 8. ' Charter, 26th February, 1675, Macd. 1116. ' Macd. |6]6. 'Macd. *{$<(. "Macd. 340. ^ Macd. 857. SUPPORTERS 243 of animals as his supporters did not always adhere to it. The Earls of ^"^I:iT**L^T.I^ ^''y « ^^^y always dccnbed I altered them m ,357 i„to two civilixed men, clothed in doublets, each w,th a pointed cap and feather.^ Even thm they did not continue long^ for m 1369 they changed again, this time to two lions sejant g«rdj«t coui.. The noble house of Douglas, on the other hand, began w.thl.on.;« but between ,369 and .373. as it happens. Archibald the Grim, afterwards th,rd Earl of DougI«, .buKioned them and «lopted ^y^' Whether this exchange of supporters between these great houses was m«dy a coincidence or not there is no record, but the Earls of Douglas theitaftiT bore savages, while the Earis of Dunbar bore lions. That lions as supporters should be popular in Scotland is easily under- stood. Before the middle of the sixteenth century they appe*- a. such .n theseals of Borthwick (1.^98) and Campbell of Argyll (1445-53) on the Ml. of Cunningham of Kilmaurs (1398) and Douglas of Douglas (1380). on the ulti,„rte.«l.of theDunbars(.369). and on the seals of f.imonstone of Duntreath (,470). Fleming of Biggar (.39a). Eraser of Lovat (^3,), Graham of Kilpont (1433). Gray (1424), Hay of Errol (1424), Hume (,450). Kilpatrick (,498). Lauder of Bass (,425), Leslie of Rothes (i5^) Un4my of C,«rford (1357). Lyon (1423). the Lord of rhe Isles (Hro). Maxwell of Pollok (X400). m»mf^(a^^X Ogilvie (143*). Preston (,5,3), Seton (,,84), the High Steward (ipo). an7the iJimm of F^e (1389). Atholl (,389). Ochiltree (1377). and Ro.ythe (1495. partly on account of the tournament in 1 503 during the "ip flWiim"" of King James IV., in which he assumed the character of the Savage fia«ht, ^^la^ who tilted on his side had Highlanders inlZge M AcgiMnfiMs of tWr aMn«« thatl fcs i i siI iii I mi wa« due to the ' nm aim. ; M»cd. 7*9 and nft. - Macd. 790 and ntutasm Omn to the ii Macd. 1863. •PUttniii. 5 MmxL 797. ' <^ xniii. ; Macd. 661-M3. *tUte xxxiv. ; Mtai. 655, 656. 244 HERALDRY IN SCOTLAND choice of savages as supporters by John, Earl of Carrick, on whose seal, used in 1369, they appear.' It would be interesting to know how fir these circumstances affected the nobles in their adoption c abandonment of their supporters ; but it is evident that savages had a certain vogue before the earliest of these dates. Dunbar's seal of 1334 we have just mentioned. The seal of 1344-5 attributed to the Knight of Liddesdale is another evidence of the fact.* But whatever their attraction was they were borne by Cathcart (savage women ; a.d. 1450), Douglas of Dalkeith and Morton (1344), Drummond ('49'). KIphinstone (1497), Hay of Yester (1542). Herries (1567), (see plate ii.}, Livingston of Livingston (1499), and the Stewarts of Anhdl (i 587). Muir of Abercom's shield was suf^XHrted in 1357 by two aav^et on lions.' Staghounds, of the Scottish type of course, appeared at the same time as the supporters of Colquhoun, Gordon of Huntley, Stewart of Moray, Scmpill, Seton of Touch, and Carnegie of Southesk. These hounds are usually designated ' greyhnunds,' which has resulted too often in their being mistaken in recent times for the modern slighter hound, suitable only for coursing hares, but commoner in the South. The Coln .houns altered their staghounds before 1523 to talbots, supporters which Hamilton, Earl of Haddington, has borne since 1619. Stags were the supporters of Campbell of Glenurchay in 1 556 (succeeding their former unicorns with lions' bodies), Scott of Branksome in 1568, and Keith, the Earl Marshal, in 1608. Dew- are those of Lord Maxwell in 1581. Griffins are the supporters of Arbuthnot (1493), Lrskine (1364), Leslie after 1558. Sometimes the supporters are a repetition of the animals within the escutcheon, as in the case of the Earl of Home, Lord Gray, and Dundas of that ilk, who will bear lions in their shields ; but there is no rule nor genmrf assiom ot making them so, or of relating them to the crest cither. In n70, Robert the High Steward, afterwards Robert II. of Scotland, had two lions for supporters, and for crest the head of a talbot.* At the same time, or in 1369, his son John, afterwards King Robert Hi., uMd a ivn'a ' Niibct, Syium ^Mtr*Urj, ii. pt. iv. pp. t% and 33. Macd. 7 14. i Mbcd. ao^. « Mm4 *|4*. SUPPORTERS '45 head for crest, but for supporters two savage... In a few instance, the supporter. albsive to the bearer's TTname. as t the^^ Cumngham Earl of Glencairn. and Oliphant. Lord Oliphant. w o nvely carr.ed conies and ekpkann. The Duke, of Atholf hav Thain ^^nd ^ tered the.r savage, their dexter .upporter. which thu. con^^^tl a^ of &it^hnd , s.n„tersupporter holds in his left hand a shield of the anc^ «ris of that name. .how.„g hi. Grace', right a. their representative A very shght study of the seals of the uth icth a«H t Macd. 2099. 'Macd. 671. Macd. 1482. ^Macd. zio. '^Mn. Stowe mentions a curiotti monument of the Bedford family at Chenie$, in Bncking- hamthire, on which, with the umc idea, the araorial bearing! of that noUc ho«ie are rtpre- icntcd lapponcd bjr cherubim. Ctdurrf, p. i8« note. i H - ■iiT»'tt^t^4.:., . „„u-'t ... .m./%rfr -.4 l>kAi> XXWl ARMORIAL HEARINGS. I. The Armt ol' Uuudaa ui' Uuuiaa. a. The Aran of Robertion of Strowan. ). The Arms of Drummond, Karl oi Ferth. +. The Arm- of Stott, Lord Napier. A.I). 1518: Seal of Dugal Cimphetl of Crcagginch,//r Nitbct. 6. A.ii. I ;6o ; Sculptured Panel of the Am* of Mtry of Lorraine, Lehh. f I i ■4' f; ii ;i I j SUPPORTERS of the mek and m*. which, with the Abbot's crooks and horns of Hmitir on the shield which it exhibits, shows the arms of Abbot Huoter m thcr ■ppw on a buttren at Melrose, borne as we indicate. According to the French hetdds. only wyereign princes can use «,gels M heraldic supporters. This is understood by Mackeniie to allude on^ to l-rance, where angeb were the Royal supporters. The eulieM double supporters are all pairs of the same animal or o«9ect We have already noticed the very slight innovation on the Anni of Abbot Hunter, c. 1500, Melrose Abbey. Altar lb* woodcat in the ■ PtocMdingi or iIm Socfatr of custom by the occurrence in half length of a man and woman in the *«lof Su- Nicolas Erskine in 1370 ; and that about the year 1430 Walter Stewart. Eari of AthoU. who was beheaded in 1437, had for his supporters « ^ goi^ed tnd chained and a lady rccUning against a tree ; the same were used by James Douglas, third Earl of Angufc' In ,5,, Archibald. «ie fifth Earl of Angus, used a seal with a savage and stag for supporters thut conformmg in some degree to the style of the house which bore the ^ to .pi. « u« ai HERALDRY IN SCOTLAND older title of Earl of Douglas. In 1 560 Lord Ruthven's supporters are a ram and a goat, Stewart of Rossyth's (i 589) a lady and a lion. A large number of our leading houses have altered one or both of thdr supporters from those borne first by their predecessors. Marriage with heiresses and consequent union of different houses in one representative has been the reason for most of these changes, but not of all. A perhaps exceptional number of the families whose original supporters were lions have altered them in part or in whole. The Duke of Athol now bears a savage for Stewart and a lion for Murray. The Earl of Rothes changed his lions for griffins; the Earl of Erroll for countrymen with yokes on their shoulders, or, for a time indeed, between 1 59 1 and 1621, for yokes alone, according to Sir David Lindsay 11. (see plate xviii.). In the same way Lord Sinclair's staghounds have given place to grifilns, the Earl of Wemyss's storks to swans. Supporters, in the language of British hCTaldry.are any objects animate or inanimate which are introduced into the formal achievement of arms for the apparent purpose of bearing up, steadying, or guarding the shield, or the helm and crest.' When they arc inanimate the shield is sometimes said to be cotised—n term derived from the French cdU (a side) — instead of supported. A curious example of inanimate supporters occurs on the English seal of William, Lord Botreaux (1426), where, on each side of a couchi shield exhibiting a griffin ' segreant ' and surmounted by a helmet and crest, a buttress is introduced, in evident allusion to the owner's name.* A somewhat similar arrangement appears on the Scottish seal of William »The French draw a ditttnction between supporters and tenans, of which Woodward says that the latter are lupporten in human, or even partly human form, such as mermaids. An older authority says of them that the former hold the upper portion of the shield, while the latter support it from bdow. * Arduuehgictl ]nr%*l, x. 33$. In his notice of ' Reptilia, or creeping things,' Nisbet remarks that 'the arms of Botrean in England are argtnt, three toads erect, tablt. Nicolas Upton (he adds), an English writer •boat the year 1428, speaking of the Lord Botreaux's arms, says, "Qui quidem arma olim porttvemnt Francorum " 5 but Meneatrier, in hi» chapter on the rise and antiquity of the flrar-de-lU of France, ha* rafficitatly refuted that story of tiie towk' ijOm if HtrMrj, «• 3JS- THE COMPAK l i; NT de Ruthven (1396), where a tree growiog from a nwont is pbced on each side of the escutcheon.^ THE COMPARTMENT. The G>MPARTMENT— a term peculiar to Scottish heraldry— is, as Sir George Mackenzie defines it, • that part of the achievement whereon the supporters stand * (chap. xxxL). Nisbet denies that it is heraldic {Sjitm Htr. part iv. 135). The term perhaps importe no more than that it is the place set apart for the achievement to stand upon. Its presence is not expressed in a patent unless supporters are included ; but when they arc, it is an invariable {Hovisbn. The compartment may be represented in an emblazon- ment of arms as a piece of ground in a natural state, with rocks, grass, and flowers, according to the artist's fancy, or as a carved panel of any design. Reason may interfere to prevent anything being chosen which is impossible, but tLs terms of the patent have for a conriderable period been held to be sufficiently satisfied even dwugh the 'compartment' has been represented by a ribbon long enough to pass under both supporters, and deep enough to accommodate a motto if required, or by a scroll of the order which Wood- ward aptly Ukens to a gas bracket.* A compartment no doubt might be said to have been implied in aU cases where the shield is not on an eagle displayed, or supported by fiying angels or by arms stretching down from the clouds, and therefore in the air. A companment which is made to be of any special heraldic significance, however, does not appear to be one of the most ancient institutbns of heraldry : the eariiest instance (rf it which is known in Scotland bdongs to a date somewhere about the year 1430. Sir George Mackenzie conjectures that the compartment ' represents the bearer's land and territories, though sometimes (he adds) it is bestowed in recompense of some honourable action.'* Thus, the Earis of Doughs, he " Plate XXXV. ; Macd. 434$. See also the seals of Thomas Sinclair, Keeper of Orkaef, •435. Andrew Shearer, Provott of Aberdeen in 1478, Not. 2475 HS9' * Brida mul Ftrrigt HtrtUrj, i. 410 ; it. a88. *SiimttfHtraUij, chap. xxxi. The arms of Guillaume de Baviere, Comte d'Ostrevant, •re tappof led in hit leal of a.d. 141a by a lion sejant on a mound enclosed by wattled pales with a iste. ThaM art nid to repramt tiie pduade with which he Uockaded the dtwld of 252 HERALDRY IN SCOTLAND rdates, obtained the privilege of placing thei. tupporten within u pOt of wood wreathed, because the doughty lord, in the reign of King Robert the Bruce, defeated the English in Jedburgh Forest, and caused • wreathe and impale,' during the night, that part of the wood by which he conjectured thejr might make their e«cape.' Treet are certainly to be teen behind the supporters of the arms on the seals of the first and second Earls in 1380, and between 1384 and 1388,' and reappear in 1453 behind those of the ninth Earl.« Some of the intervening seals bear foliage, but none of the earls' seals exhiWt the wreathed pale. It may be that Mackenzie had made his statements on other grounds. It may be, too, that he for the moment confused the Earls of Douglas with the Douglas Earls of Angus. The illustration of the pale which he gives is certainly from an Angus seal — that of the eleventh Earl of Angus, first Marquis of Douglas, or of his grandson and successor.* But it is interesting to note that on the seal of Arehibald, fourth Earl of Douglas, in 1401, the place of the crest and helm is occupied by three stakes wreathed," and on James, the ninth Earl's seal, the legend of which dcKribes him as, among other things. Lord of Forest, the fourth qtarter of hn shield is six piks, recognized as borne for Ettrick Forest A fenced compartment appears on the shield of James of Douglas, third Earl of Angus, ' Dominus de Ledalisdail et Gedwort Forest* (1437- '446),' and also on those of his successors in that earldom (1511-1695)7 Hagenstein and the chateau of Eventein. Woodward and Burnett, HtnUdry, ii. 64a. The wattled fence appean in front of the castle on the seal of 1494 of Qomen, or Ckmaiach Co. Wexford. B.M. 17,390. ' Mackenzie, xxxi. followed by Nisbet's Heraldry, vol. ii. part iv. p. 134. » Macd. 656, 6s8. • Macd. 677, « Mackenzie, chap, xxjti. He has omitted the supporters. Macd. 697-699. » Macd. 666. « Macd. 68a. Nisbet refen to a seat of William, fint Earl of Douglat (i 377), exhibiting ■ •ingle supporter (a lion with his head in the helmet), ' sitting on « compwtaient like to a riling ground, with a tree growing oat of it, and iem« of hearts, mullets, and cross-crosslets,* these being the charges of Douglas and Mar in the escutcheon. Sjsttm if HtraUrj, vol. ii. part iv. p. 134. This is perhaps meant for the same seal as No. 238 in Mr. Laing's CaubgMt, Macd. 656, or the seal of James, second Earl, No. 659 ; but it corresponds accurately with no teal that we know of. ^Namely, the 4th, sth, 6th, 8th (Plate nxii.), 9th, loth, nth, tad lath (the last two being the tst and tnd Marquiaea of Douglas). Macd. 683, 686, 690, 691, 693, 694, 696 to 699. THE COMPARTMENT ,53 Mr. Macdoiuld deKribe* the tupporten and comp«rtinent of the first •nentioiMid ml m felfewt : • Si^ftnm : At top of the shield, on the dexter a stag kneehng gorged and chained, on the siniMer a kd^ racfiningwith wreath on head and holding a flower in right hand, a tree behind each sup- porter, and the whole set in a compartment represt .ting a park cnc-sed by a fence of wkker^work with trees at intervals, the shield being ret in the entrance, and at each tide a rabbit* Such, with a change of the aapportm to a savage and a stag and other non-essential alterations, was the compart- ment of the Earls of Angus, lords of the Jed Forest for generations. Here we caU attention to the arms which, in 1 5 1 5. while this compartment was in use, thejr added to their escutcheon. In that year the seal of George, Master of Angus, eldest son of Archibald Bell the Cat, the fifth Eari, pirnxd frui files in point on his shield as his third quarter. These are held to be there as tho arms of Jedworth Forest. They were continued by the sixth Eari, and as/w ^ by the eighth, ninth, and tenth Earls ; as /our piUs by the eleventh Earl and first Marquis, and as tkrtt pUet b, his successor, the twelfth Ea'-l and second Marquis, in 1695 a.d. An earlier seal exists, however, which at first sighi shakes the theory that this Dougks compartment represents the Forest of Jedworth. It is the seal of 1430 A.D. of Walter Stewart, Earl of AthoU (plate xxxii.) « which is almost identical with the seal which we have just described— the eariiest Angus seal of the kind. But we have to call attention to some of the other contents of the seal. The legend describes Stewart as the son of the King of Scotland,* Earl of Athd, Lord of Methven and Brechin. And the second quarter of the Earl's shield is three piles, which are the bearings of David de Brechin in the thirteenth century.* The question suggests Itself whether the piles of Brechin were not the official arms of the keeper of a forest. According to Sir Geoi^ Mackenzie, these compartments were usually allowed only to sovereign princes ; and he further informs us that, besides Douglases, he knows of no other subject in Briuin, except the Eari of Perth, whose arms stand upon a compartment In this last mentioned case ' Macd. 2S73. tstto*, not StUmm. • Macd. 340 ; ice alw «38-9, 341. 154 HERALDRY IN SCOTLAND the cxrni pertinent connttt of a green hill or mount, wmi of ctltraps. or cheval-tnipe* (plate xxxvi.), with the relative motto, 'Gang Warilj,* above the achievement. Mackenzie does not leave the subject, however, without adding that ' of lite compartments are become more common.' Nisbet represent* the crest and motto <^ the Scotts of ThirlsUne, ' by way of compartment,' below the escutcheon of Lord Napier,* and is followed by the Register of Arms, 22nd November, 18 10. He places those of Campbell of Finab similarly on a sun rising in his splendour firom ckntds.* Another device occurs on the seal of Dugal [Campbdl] of Craignish, appended to a charter dated 1 528 — his escutcheon being suspended from the mast or resting on the deck of a galley.* It is difficult to say whether the galley in such a case should be classed with compartments, or with supporters such as trees and heads of stags. Two other instances of regular compartments are mentioned by Nisbet, viz. thosr ried by the Mactarlanes of that ilk* and the Ogilvies of Inner- quharity. i. he latter was a ' green hill or rising terrace,' on which were fiaced two serpents, ' nowed,' spouting fire, which with the motto, 'Ttmaa ptritula spemo,' adds Nisbet, is • a very good device.'* The seal used by John, second Lord Maitland and first Earl of Lauder- dale, in 1644, shows his supporters, two eagles with wings endorsed standing in a landscape with grass and flowers :/ and that of David, third Earl of 'The caltrap wai an instrument of war- •licef' on the ground to injure the feet of the enemy's horses, and consisted of four in > p ,0 that, whichever way it lay, one tpike always pointed upwards. This con' ... not appear on anjr Draminond ical which we have seen. ' Plate xxxvi. ; Sjitem t/HtrMrj, vol. L f. ij8, and plate of achievementt J, ig. 9. ^IbiJ. plate 6, fig. 3. Plate xxxvi. ; Macd. 3+3. From Mr. Macdonald's cast, which we reproduce, we think that the l^nd ii S. dugal [de] cieagginch. Cf. SjsUm tf HtrtUrj, vol. i. p. 33, and |^ate 6, Confirmation by Sir James Balfour, Register of Arms, 1672-7. See also above, p. 219. • IbU. vol. ii. part iv. p. 134, and vol. i. plate 8, fig. i*. Now altered, Rcgiater of Anai, 30th November, 1906. ?Macd. 1850. THE CORDELliRE 235 Wemyw (1707-20) hu hU storks standing in a field with grass and clover, uid a number of raUnts feeding.* English heraldry furni^es no examples of these special comptrtmeiitt ; but thejr appear to have been occasionaUy used in the achievements of tlie sovereigns and a few of t^ : more distinguished fiunilies of France.* THB CORDBUtRB OR LACS D^AMOUR is a cord, or series of cords, looped and interlaced as in one of the patterns shown on plates xxviii. and xxxv., and very frequently encircles the lozenge, or, in former times, the shield of the arms of a lady. The cordeliere, accwdingto some heralds, who are followed by Nisbet, was appropriated to the arms of widows, the thing being a rebus for etrps deS/, ' a body free and untied.' » The lacs d'amour, which he shows as of a slightly diilerent figure, was, he says, the mark of unmarried gentlewomen ; but it must be acknow- ledged that some writers on heraldry, including Sir George Mackenzie and M Woodward, use the two terms without any apparent distinction ; and that he shield of Henrietta Maria, widow of Charles I., is surrounded by what Nisbet calls the lacs d'amour (plate xxxv.). The favour in which the cordeliire was held has been attributed by others to the aflSKtion borne for it by Anne of Bretagne, widow of Charles VIII. of France, 'who, instead of the mUitary belt or collar, be- stowed a cordon on several ladies, admonishing them to live chastely and devoutly, always mindful of the cords and bonds of our Saviour Jesus Christ ; and to engage them to a greater esteem thereof, she surrounded her escutcheon of arms with the like cordon.** According to others, again, it was first adopted in veneration of St. Francis, patron of the Cordeliers (or Grey Friars).* But Woodward points out that lacs d'amour, by which he means the same thing, were a badge of the House of Savoy, and, citing Cibrario. be mentbnt that they appear on the seal of Beatrice of Savoy ; * » I'^rt HMOim, pu M. Buon. »Sjr/*« t/HtrtUry, vol. ii. pm iv. p. 1 30 ; lee .ho p. 145. * Athraofe't Ordtr t/Oe Gtrttr, p. i»6. ' Nisbet, V"»/«'~/^ry.vol.ii. part iv. pp. 60 and 130. Tke coideKire wiU be KW hanging from the waist of the Princew Isobel, plate wvi. (Sm p^ 139.) 356 HERALDRY IN SCOTLAND in 1279.' The corddi^ appeara to have bem rarelf uaad im BofiMd, where, however, it is adll occarionalljr painted upon fiwerd aeUevemeats. In Scotland it was scarcely known before the seventeenth century. It occurs once in the previous century, a.d. 1560; in that c«'« it surrounds the arms of a ntarried lady whose highest tide WM Preach— Margaret, Countest of Arran, DuchcM of Chatelherault (pbte xxxv.) it does not reappear on any SccKtiih seal till 1651, when it is fb^nd on the signet of Henrietta Maria, widow of Charles I.,* already mentioned, again a seal which may be deemed to have taken the ornament fnrni French heraldry rather than Scottish. Mackensie says in 16S0 that it was in use in his time ; and an example occurs in connection with the lozenge exhibitiag the arms of Anne, Duchess of Buccleuch, widow of the Duke of Monmouth, on one of the curious set of playing cards (1691) already referred to.* It must be noted that the Duchess of Chatelherault used her corddi^ during the lifetime of her husband the Duke. In like manner, in a recent volume of the Lyon Register,' the arms of Mrs. Mary Chisholm, spouse of James Gooden, Esquire, and ' the only issue of the late Alexander Chisholm of Chisholm, in the shires of Inverness and Ross,' consisting of a boar's head 'couped,' a*e illuminated on a fusil or lozenge, which is suspended fifom a sort of cordeliire. The cordeli^ recurs more than once in the more recent volumes of the Register. Prior to the adoption of these devices, the armorial coats of both sexes were frequently surrounded by garlands <^ leaves and flowers, called * Stem- mata,' of which many examples, according to Nisbet, are to be found on old paintings and in illuminated books of arms. He refers to an instance of this arrangement at Redhouse, in East Lothian, the bearings in the relative escutcheon being those of the surname of Lung.* Another example occurs on the sculptured tablet, exhibiting the arms of Mary of Lorraine (1560), which formerly occupied a place on the front of her residence at the corner of Quality Wynd, Lcith.' > Brilisi and ftrfiin HtraUrj, ii. 172. «Macd. 731. *L»mg, i. 76. « PUte n»iii. • Vrf. iii. p. $4 (1817). *SyiUm o/HrraUry, vol. ii. part iv. p. 130. 7 Roberuon'i jMHfmtui »f Uiti, p. 31. and plate i. ; fee alto plate «ix»i. in thu »olume. CHAPTER IX. THE CLASSIFICATION OP COATS OF ARMS. The prindiMl diMiflcation of coat* of armt it aocordiiy to dM meaning witk which they have been acquired by the person who bean them rather than according to the kinds of beasts, birds, flowers, etc., which are their bearings. To take an instance, the arms consisting of the lion rampant chosen by Alexander II., or hie p r e d ec c aior WiOtam the Uon, preaumably because the Hon was considered to be the king of beasts, and was the emblem of coun^ and magnanimity, are not to be classed along with those of the same lion rampant, borne by his royal successors as a matter of course, as the arms of then- deaoent or dominion, or aa th^ were borne aomewhat diflerenced by the Earl of Middleton, as a most ngnal mark of the royal fiivoiir. In the first case the lion is to be classed with arms of sentiment, in the second with arms of inheriunce, and in the third case with arms of special concession.^ • NUbet, in his Armtrin, makei a claMification of amu wnif what though not altogMltcr, of thit kind, and addi to it a wealth of illnttration for which iril iriaaqgat rtiAiili hw* bim, it tt iiopcd, aa gratefol m thejr h«vc been indebted. H dwiwHu, i j in number, are : (i ) of Compat«larnMudcdl«tenlonei,(a)orMarriage. ( 7 of Office* f c>ia«tica' 1 civil, (4) of Armi of alliance, (5) of Adoption and su ititutio- ,6) of Patn iiage, (. inti It and affection, (8) of Religion, (9) of General conceuion, (10) of Special ct jiion, (11) of Dominion, (it) of Feudal Armi and Anni of Dignitiea, (13) of Anm of Vtttmmm. The claMification of anna accoiding to their bearingt, wbkh it mad* 10 Mpwtb's Bu .ii Jrmtriab, and wkkh i« done fcr the Scottish Regiiter of AH Aran, from ^ning under the Act of 1671 down till 1903, in the OrOMtrj tfSntHsk Arms by t'-c prei. James Balfimr Panl, u the arrangement of arms appropriate primariljr for asceruinn arms have been granted and to whom. The latter volume, b}r the aid of its Index ofiY f^acticallf furnishes for iu Register what has been done on a laigci field hf Rietst^'s ^ ^ GMnl, and Barkis Gmnl Jmmj, an index for ascertaining Wbo kavc bem Mttd anM. and what? 158 HERALDRY IN SCOTLAND For our present purpoic, arms may be divided at the outMt into Cv« cbaaeas I. PBraonal Arma; II. Arma of Alliance ; III. Armaof Vtiaali^: IV. Arms of Domiiion and Office; V. Arms of Dignities; some of tlM claiaes being subject in tltcir turn, however, to subdivision. I. PERSONAL ARM! Personal arms may be separated into two subdivisions : (d) Arms of Assumption and Ordinary Concession, (h) Arms of Special Concession. (rt) ^rmi of AssumprioH and Armt of Ordinary Conctsshn may be considered together. For our present purpose they are practically the aame. It ia true that the first were arms of personal choice, and the second are arms assigned by an official. But the personal choice in the first case was always fettered in that it was restricted to arms which no one else had a right to already ; and the practice of the official charged with assig. -ng personal anna, who technically hu the chdcc in the aecond case, is to give all the consideration to the desires of his petitioners which it would have been wdt and proper for them to indulge in if left to themselves. According to the apparent motivea of their choice, the Arma of Aammp- tion may be grouped aa Arma of Accident, Moral Sentiment, Rety and Affection, Allusion to the fief, to the person himself, or to his surname (m. ' Canting Arms '), Arms of Descent, and of Entail and Adoption. By Arms of Accident we mean the arms whose figures were not chosen as conveying in themselves any meaning, but were retained by peramis merely because they had been on the shields which they were already using when heraldry dawned ; marks, perhaps, of the constructional design of the shield, which, by the peculiarity of their shapes and arrangement, their bands and metal bdts and binding, and possibly their colours, fiilfiUed the iMun d:^e< t of heraldic figures — namely, disdnctiveness, along with the possibility ot being fully described in language. This origin of armorial bearings has been considered of greater importance by some writers than perhaps by ourselves ; but it is undoubted that the preheraldic shidds of the Bayeuz tapestry, the effigies on the tombs c^, for example, the Knights Tempbura in their church in London, those on some ivory chessmen,* and ao on, > Which we «how on place nii. ARMS OP SENr«MENT «59 ocCMioiMUjr exhibit figures which afterwards came to be device* of heraldry. W« fad thus ■ ahtdd that might be tcrmtd in honaldrjr ktinfy, anothtr u having a bordurt, an J another with an euariMHclt. The view that the Scottish Rojral treasure was originalljr a constructional device mnj pci haps be HMWW taincd with some reason.' jirm if Mtnii Stnrimtm are probably the eartiest dns of devices to appear as heraldic. The motives of senttroent are seen in the choice of the emblems of the virtues, — lion rampant chosen by the King of Scots, the lions passant chosen by the Kings of the English, the eagle chosen by the Emperor of the Hdv T< ■ ited as the symbol of the martyrdom of St. Andrew. Azure, a saltire argent — a shining cross that once appeared, it is said, on a blue sky ; it is the banner of the Patron of Scotland ; in other tinctures it i4>pears in the arms of < The crau wai no means the prevailing henldrjr of the cnuading knight. It hi* been obierved by more than one writer that among the shields of known Crusaders in the SaOt in Cnuain at Versailles not one in ten contains any crusading symbol. Ellis, Antiquittts of Heraldry, 237; Woodwar.l, Heraldry, i. 36. For reasons of leadenhip, the knight required to go in the coat he was already known by. As regards his badge, a matter which specially concerned the nnk and file, it was othmriie ; and in the pitparation for the third crusade, in 1 180, it was agreed that the croiset of the French should be red, those of the English (and that probably included the Scots and Irish) should be white, and those of the Flemings green. Dunbar, Srottiti Kingi, p. 80 and references. * The Templars, who had worn it in the lame way, had been abolished in England, at in molt countriei, in or abont 1309. Renter wrote in 1590. ARMS OF ALLUSION a6i AnnwKWe, as in the ahidds of Bruce, Johnstone, etc. It appetrs also in the arms of Maxwell, and engrailed, in the arms of Lennox, and of Coiquhoun. Among other Christian emblems which appear in heraldry besides the cross is the Pelican in her piety. As early as 1296 it is found in the arms of Richard of Huliston and John of Ormiston,* and was afterwards the bearing of the Patersons of Dunmore, Bannockbum, etc. It is in the arms of Corpus Christ! College, Oxford. Three piles in point, distilling drops of blood, as in the shield of Wisheart of Logic Wisheart, or piercing a heart, as on that of Lc^n of that ilk, represent the nails of the Crucifixion. /Irms of Affection, a smaller class of arms, are illustrated by the aran Boyle, Earl of Burlington, per bend embattled, gules and argent, as quartered by Boyle, Earl of Glasgow, whose paternal ensigns, borne surtout, are or, three harts' horns gules. The Prime Minister, Earl of Aberdeen, added to his arms, on a similar account, the arms of Hamilton, as wdl as the supporters, all of which were continued by his family for a time. Arm of Allusion are of various kinds. There are those which allude to the fief. The arms of Drummond— or, three bars wavy gules— were believed by the late Sir William Fraser to represent the three riven of the ancient Earldom of Menteith— the Forth, Teith, and Allan.* The arms assigned for the earldom of Melrose, an earldom afterwards changed in title to that of Haddington, are a fess wavy [the river Tweed] between three rotes gules. The Castle of Castile and the Lbn of Leon may be cited as arms of a parallel kind, alluding to these kingdoms. The galleys of Arran, Lome, and the Isles, the dragon ships of Orkney and Caithness, are symbob of the sea-power of these dominions, or, as in some cases, the feudd service at sea due for them as fiefs.* > Crests aho in the achievementt rftlie Eari ofOalkmax ukI Lonl CamidiMl oTSdrimg. » See kid Bt»k of Menttith, I. lii. » The ancient service for the lordship of Lome, for example, cited by Nubet, wu to famiih the King with a galley of twenty oars in time of war if it wu demanded (Jrmrkt, ao$). In 1429 the Parliament enacted that all lords and bafona in tlie North and Wert .hould have gallejrt, to tht tstmi of one oar for every fear mcrb of knd. And we find that the Earb of AngM, Afiaa, and Hnntly accompaniad King Jamc* V. in their own anaod iUm wkm ha Miltd iwnd Scotland in 1 540. 264 HERALDRY IN SCOTLAND reason, if not affection, selected for difFerenccs on the fiither't snnt bevingt which connoted the line of the mother. Among arms of descent are found arms of nearly all manners of origins, arms of sentiment, allunon, concession, and the rest ; all borne, not on account of their origins, or original signification, but because they, from whatever reason, were the arms of the ancestor. It is here also that Arms of Composition are mostly found ; in which the heir of two coats has combined them, or parts of them, and not merely marshalled them together. Arms of Entail and Adoption are in a similar category, taken not for their own sakes but for the sake of the inheritance, or of pious regard for the wishes of entailer. Arms of entail differ from feudalized arms in that the right to, for example, the lands does not give a right to the arms, and that the obligation is not enforceaUe nor the right complete without the intervention, previous or subsequent, of the Heraldic Authority.' Arms of Special Concession are those which have been granted by the King or feudal overlord personally. Such arms, as Bartolus the civilian lays it down in his treatise on Insignia already mentioned, take preoedaioe ot other arms when they come to be marshalled with them.' Many of these grants are related in histories to have been made, some at very early periods. If not always well authenticated, they at any rate establish the fjct that such grants were made upon occanons both in the council chamber and on the field, especially on the latter. The red pales on the golden chief of the Keiths, the Scottish Earls Marischals' silver shield, share the dignity, with at least one continental coat, of having been originally traced in blood by a king's finger on the shield td the hero of • battle. The three red scutcheons on the silver shield of Hay, the ancestor of the Earls of Errol, the Scottish Great Constables, are recorded to have been assigned to him to represent himself and his two sons, — the three who turned a Scottish defeat into a inctory. These Arms of Honour, when granted to one who has arms already, are styled Arms of Honourable Augmentation. ' The extent uf the right to prescribe the bearing of arms and the nature of the obligation, created by a Clause of Name and Arms, are dealt with in a later chapter on Arm> of Adoption, etc. * See above, page 15. ARMS OF CONCESSION 265 Hmldicalljr the most honourable coat of special concession this class is that in which the arms which are conceded contain some part <«■ allusion, as in the case of Bartolus, already mentioned,» to the Royal Arms or Regalia —the symbols of sovereignty, a grant which the Sovereign alone can make.* The earliest of these of the account of which there is any independent cor- roboration, is that already noticed, made by Alexander III., or one of his immediate predecessors, to Sir Alexander Carron.« Continuing for the moment to notice only concessions of complete shields of arms, we may instance the grant made by Mary Queen of Scots to Sir James Sandilands, Preceptor of Torphichen, on granting his pre- ceptory lands, and the dignity of a Lord to him and his heirs male, the arms in this case were, parted per fess azure and argent, on the first an Imperial crown proper, and on the second a thistle vert. The grants of arms made by her son, King James VI., to his noble attendants after the afiair of Gowrie in 1600 are well known. Sir Thomas Erskine, whom he after- wards created Earl of KelHe and a Knight of the Garter, received, gules, an Imperial crown, with a double tressure flory counter-flory, or. Sir John Ramsay, afterwards Viscount Haddington, and in England Eari of Holder- ness, received, azure, a dexter hand holding a sword in pale ai^t, hilted and pommelled or, piercing a heart gules, and with its point supporting an Imperial crown proper ; and Sir Hugh Herries of Causland was granted, azure, a hand in armour issuing from the dexter side, also holding a sword supporting an Imperial crown, proper. Charles I. granted to Hay, first Earl of Kinnoul, azure a unicorn salient, argent, horned, maned and hoofed or, within a bordure of the last charged with eight thistles vert impaled and dimidiated with as many roses gules. To Leslie, Earl of Leven, he granted axure a thistle ensigned with an Imperial crown or. Charles II. similarly conferred arms of augmentation upon two persons who received credit for the preservation of the Scottish regalia during the •The armi which Bartolus received from the Emperor Charlet IX King of Bohemia, before 1356, were, or, a double-uiled lion ramptnt (vIm. Tht Kayti Ann of Btriieaiia wm. gulet a double-uiled lion ugeat, crowocd or. •Seepage 35. 'Seepage 11. 266 HERALDRY IN SCOTLAND Cromwellian period.* To the Earl of Ktntore he gave gules, a sceptic and sword in saltier, and in chief an Imperial crown or, all within an orle of eight thistles of the last ; to Ogilvie of Barras, argent a lion passant guardant holding in his paw a tword in pale gules, and therewith defending a thistle placed in the dexter chief vert, crowned or. The most liberal grant of the Royal Arms ever made bv a Scottish King, in Scotland at least, to one who was a stranger to the blood royal, was made by the same monarch to his minister and general in the field, the Earl of Middleton, namely, the Scottish Royal coat counterchanged per fess.' King William 111. conferred on Sir Patrick Home, Lord Polwarth, afterwards Earl of Marchmont, a shield to be borne surtout ; argent, an Orange proper slipped vert and crowned proper. Livingstone, Viscount Teviot, received fit>m the same King, for his first and fourth quarters azure, three oranges slipped, proper, within an orle of thistles, or. Arms of composition are also granted as Honourable Augmentations. King Robert I. is related to have granted his adherent. Sir Alexander Seton of Seton, the barony of Barns, and an honourable augmentation to be carried on his paternal arms of Seton, namely, a sword erect gules, support- ing on its point an Imperial crown proper, the earliest grant of the kind, says Nisbet. According to Sir George Mackenzie, who was a lawyer, the King united the right to the arms with the succession to the lands.* The Grant of the Royal Tressure. The mark of the Sovereign's favour, which under the Emperors was ordinarily 'a chief of the Empire* (or, an eagle displayed sable), in France ' a chief of France ' (azure semi de ' The romantic tale how Christian Fletcher, Mrs. Granger, wife of the minister of Kinneff, carried the Honours of the country out of the beleagured Castle of Dunnottar, and how she and her husband buried them in the night under various stones of the floor of Kinneff Church, and how the minicter visited them firom timr to time and wrapped them in new clotht, appean to be etubliihed. See Tke PrtMrvatm if Mr Hmm-t tfSertiml, Scot. Hist. Soc., vol. 26, edited by C. R. A. Howden, advocate. * Charles II., however, when at Brussels in 1658, granted Colonel William Marshal, whom he had crated a baronet, a coat conniting of tlie Scottith lUqral coat, diftrenced only by the addition that the lion was royally crowned. Stodart, Scotiiik Jrmi, ii. 384. ' SfUMt of HtraUrj, pp. 3 and 66. Compare the Scrymgeonr and Campbell agreement, above^ p«ge 31. TRESSURED ARMS 26y lit), and in Spain, at least frequently, a bordure of Castile and Leon (compony, gules charged with a castle or, and argent charged with a lion rampant gules), was in Scotland a grant of the Royal Tressure, which in consequence has been termed < the bordure of Scotland,' either in its own or some other tincture or metal. Nisbet views the grant of this bearing — a bearing the more interesting that it is almost unknown save in the heraldry of Scotland, as in some cases • a tessera of noble [royal] maternal descent,' and in others ' a spedal additament of honour ' for service done to King and country.* To which of these eateries the Tressure * belongs in some ■->f the earlier cases ' is not always possible now to say, but in all cases, perhaps not excepting even the earliest, we may conclude that it was a matter of Royal grant It is now recognized to oe strictly mer regalia. It is certain « .4t it first appears in the arms of the King— Alexander 11. (i2i4-i249).» It appears thereafter on the shield of John, Earl of Caith- ness, who flourished in and about 1289,* in which year it is also found on the shield of Sir Altxander Dunbar,* third son of Patrick, the seventh Earl of Dunbar. It is posmble that Sir Alexander was granted the bearing as one of the great grandsons of Ada, daughter of William the Lion. But the Tressure was clearly not a necessary mark of a Royal descent. It had not lx:en borne by any of the other members of his house, all of whom had been equally entitled to it for generations, not even by his elder brother Patrick, the eighth Earl, the Competitor for the Crown in 129a. It is indeed observable that the Tre&sure is not borne by any of the Competitors, though all were anxious to marshal the evidences of their royal descent. The majority of the noble families in Scotland whose arms display the Tressure are descended from a Royal Princess. They, also, did not bear the Tressur;; till that marriage with Rojndtjr, and bore it immediatdf after. > Sjtum »f HtraUry, i. tSo. » For the uke of brevity we pm-JOie t.> use the word Tressure in this notice for the Royal or Double tressure &ory nter-^ ulc*, and also that double trcMure when its tinctUK ii not gale*. ' Although on his great seal it may not ... discernible on his shield, it b clear on the •addle cloth. It ii amply vitible on the shield of hii succcMor, Alexander III. «Macd.3o8. *MMd. 795. a68 HERALDRY IN SCOTLAND Thus we have the cases of the Earls of Ross, one of whom, Earl Hugh, married Matilda or Maud, sister of Robert 1. A better known case is that of %r Thomas Randolph, who married Isobel, another of King Robert's sisters, and whose son was Thomas, Earl of Many, so well known in Scottish history as Lruce's nephew and lieutenant. The Trcssure then added to the arms of Randolph was subsequently borne by all the Earls of that earldom, and is borne by the Earl of Moray to-day. Similarly, the Treasure on the arms of the Lord of the Isles began with the arms of Donald, who was the son of John of the Isles and his wife Margaret, daughter of Robert II. The Trcssure borne by the Sinclair Earls of Orkney was derived from the maternal grandmother of Henry, the second Earl, namely Egidia, Mai^^aret's si^, who married Sir William Douglas of Nithisdale, and had an only daughter and heiress. At the same time, when we scan the arms of the houses of the nobles which are come ot ich Royal marriages we find that a number of them do not bear the Tressure, and have not done so. The Princess Mary, daughter of Robert III., was married four times, as is well known. The arms of the Douglases, Earls of Angus, the descendants of her first marriage, never exhibit the Tressure. It appears on the arms of Gilbert Kennedy, Lord of Cassillis, and his brother James, Bishop of St. Andrews, sons of her second marriage. The arms of Sir Robert Graham of Fintry and his brothers, the sons of her third marriage, and their descendants, all save Patrick, Sir Robert's younger son, first Archbishop of St. Andrews, are without it till the beginning of the seventeenth century. Patrick's seal bears the undiiler- enced arms of Graham, and the arms of Graham of Fintry, with the chief engrailed, and the Royal Tressure, in 1469. It appears in 1470 on the arms of Sir William Edmonstoneof Duntreath, the eldest son of her fourth marriage. No Tressure is found on the arms of the Frascrs of Philorth (now Saltoun), descended from Mary, sister of Robert I., nor on those of the Earls of Mar, descended from her sister Christina. Elizabeth, daughter of Robert II., married Thomas Hay, the Great Constable, ancestor of the Earls of Errol ; Isabella, her sister, married, first, James, Earl of Douglas, and, second, Sir John Edmonstone, ancestor of Edmonstone of Duntreath ; Jean or Joanna, another sister, married, first, Sir John Keith, eldest son of TRESSURED ARMS 369 the Earl M«rshaJ,» and, thirdly, Sir James Sandelands ot Calder ; another sister, variously baptized by historians, married Sir David Lindsay of Glenesk, first Earl of Crawford ; Elizabeth, daughter of Robert III., and Jo«n, « the dumb lady,' daughter of Jamet I., married successive Douglases of Dalkeith, the latter the first Earl of Morton ; and Mary, daughto- of James II., married, first, Thomas, Lord Boyd (cr. Earl of Arran), and, secondly, James, Lord Hamilton (cr. Earl of Arran). The son of her second marriage was James, second Hamilton Earl of Arran, Duke of Chatel- herault. Governor of Scotland, and heir presumptive to the throni. The arms of the heirs of these Royal marriages do not bear the Tressure.' Whil ; the Tressure in some arms thus indicates a Royal gmnt made on a matiiage with a daughter of the Royal house, in others it is a grant out of the Royal fcvour on account cf services, in Nisbet's phrase, • to King and country.' The city of Ahe-.k n, which has had the honour of the Tressure for very long, dates its right from a grant on account of its loyalty by Robert I. The Tressure borne by Lord Napier in virtue of a sign-manual of King William III., dated i8th December, 1700, has g'ven rise to so^;;: controversy into which it would be improper here to enter. King Willi» . t warrant, addressed to Lyon King-of-Arms, narrates that Lyon had stated to his Majesty, on behalf of Sir Francis Scott of Thirlestane, that he was convinced Riddell'i TrmU, pp. 143-4. See also Nubet, Ctdnty, p. 197 ; Jrmtriit, 140. The treiiare mijr itill be atm on the shield of hit docendnt and repraenuti*e, Lonl Napier {Rtptter ofAmt, 1810). For obsenrations on this gnmt, see Napier's Hhmj tftk fmrMm tf the Lenntx, p. a 17, and Riddell't Aiutvtr, p. 79. *Platc xxxvi., and see the ^Ife Lmt MhmnI, iv. 8, TR£SSUR£D ARMS 171 Two branches of the home of Gordon, thow of Abofiw Mid Aberdetn, have had grants of the Tressure with a difference in the flowering. That of the Earli of Aboyne, recorded in 1672-6, was • flowered with fleur-de-lis within and oootra cnacentt without,' while in 1683 the Earl of Aberdeen received the augmeaUtion 'flowered and coun te rfloweftd interchangeably with thistles, roses, and fleur-de-lis.' Modifications for the mere purpose of diminishing the honour of the grant have been made oocasionaUy. Sir James Hamilton of Finnart received a tingle Tressure from King James V. The grant bean that the King, actuated by various motives, dispensed with the baton which till then had surmounted Sir James's arms, and granted him « another mark of difference,' namely, a single Treasure argent to be drawn forthwith near by the circum- ference of his shield, powdered (contitum) with whrer lilies pkced contrari- ways (contrapositis) such as the King beara double, but of a difllcrent colour, in the Royal Arms, in the manner in which he wdaina the aaine to be painted in this charter.* Another modification, namely, . 3. HERALDRY IN SCOTLAND are ctrried (of different tinctures, and with additional figures) by the Jardinrt, Kirkpatricks, Johnstons, and other Aimilics. Macfivlane of that ilk and Colquhoun of Lum are perhaps come of the ancient Cdtk Earlt of Lennos, but at lo eariy a tfattc that the laltirct in their arma were more probMy assumed or granted afterwards as arms of vassalage than brought with them as arms of dcKent. In Renfrew, Ayr, and other counties where the possessions of the Stewarts were situated, a fess, a bend, or a chevron, eht^ity, forms a common bearing; such figurea being carried by the Lorda SempiU,* the Bruce. Jardine. Kirkpatrick. Johniton. Houstons of that ilk, the Brisbanes of Bishoptown, the Halls of Fulbar, the Flemings of Aurrochan, the Shawa of Bargarran, the Fredanda c£ Fredand, and other families.* The lions of the cid territorial Earls Fife and Angua are fi-equently to be found in the armorial ensigns of families connected with the counties of the same names ; while in Teviotdale and other parts of Scot- land formerly possessed by the great House of Douglas, the star, or mullet, consHtutes a pretty common bearing. Now and then, as in the arma of * Ardent, a cherroii chequy gulet •nd of th« fint, bttween time hnntiiig-bonu wbl« garnishtd of the second. (Rcgtittr, 1671-7.) Wc adMR to tbt km ehtquf of LiadMjr snd Boyd on page 30;. 'According to Nisbet, Shaw of Bargarran carried, azure, a feu chequy, argent and galM, between ihree covered cupi, or. The feM, however, doe* not appear in the coat of amM on the pipers enclming the th> »d mannfactnrcd by Lady Bargarran and her danghter, in tht year 17*5 (see Chambers' Dmeit':' Amah ef SatlanJ, iii. 511). Of the other famiiies here specified, the Semples, Houitons, ami Briibanes carried a chtvnn chequy (varying in its tinctures) between three bu}{Ie-!.oms, three martlets, and three cushions respectively ; the Freelandi a btnd chequy betwee.. two bean' heads (/>/«. tf tkt Sx. »/ Sent. Antif. ii. 319) ; and the Halb a fin cheqay (or and gules) between three cranes' headi. The Fleming! of Barro- chan, unlike the Flemings of Cumbernauld who bore a chevron, alw bore a feu chequy sur- mounted by a bend, with a martlet in ba^e, but the coloara are unknown (Nitbct'i Uirsldrj, i. 15s). ARMS OF VASSALAG;- 175 Stevenson of Hermiachiels and his cadets, real or suppoMd» tht Doil^M chkf appears complete, save at times in its tinctures.' Nkbet i^ykt tiMH • Armt of Puronagc,' and classes with them some arms of which w« havt but a fcw cxamplw in Scottith practics t th«M aivtlM arms of the parron of a benefice, borne by the presentee, or those of, say, the founder of • college, ^orne by the college. Of these last arms the ■bkU of Maritchal Colkge, Aberdeen, for example, quartered the arms of Kdth, Eari Mariacbal, with a tower for the city of Abwdoen. The ahield Lofd Sempitl. Fkmiag of Bwrackui. of the present united University of Aberdeen impales these arms dimidiated with the symbolical quarter of King's College and the arms of Bishop Elphinitone. The shields of the Colleges of the Universities of Oxford and Cambridge also tShrd Ulottrtdona. Thua BallM College bears gulet an ofk aigent, tbt arma <^BalltaL IV. ARMS OF DOMINION AND OFFICE. Arms of sovereign dominions have, some of them, been of the same nature, i.e. arms of dominion, in their origin ; thus the Royal Harp of Ireland, azure, a harp or, stringed argent ; the arms of the British Dominions beyond Seaa ; and of the United States of Americk. Others have begun 'There is some ground for the titMrjr tha Stmmoii of HcnuKkidt, ia MWetUaa, WW an earl/ cadet of Stevenson of Stevenson, a place, 'albeit not great,' near Hamilton ; bnt more than one undoubted west-country family of the name has been treated armorially as if it was a cadet of Hermischiels, whereas it was more probably descended from the parent honse through cadeu who have remained in the west. The arms of the original line, as given b^ Sir JaoM* BalfiMr at 1630, wrn or, thrw Uconf* tM^. 276 HERALDRY IN SCOTLAND as the personal arms of a King. The Royal Arms of Scotland began, in this way, as the personal arms of a King of Scots, namely, the arms which suited the sentiment of King Alexander II., or perhaps his predecessor, William the Lion. When the year 1292 arrived they were so fiur identified with the office of King of Scots that John Balliol, on succeeding to that position, placed them on the reverse side of his seal. Robert the Bruce, on reaching the throne, placed them alone on his seal, and abandoned his paternal arms of Bruce altogether.^ The houses of Stewart and Stewart of Lennox and the house of Orange followed the same course,' and the houses which since have reached the throne of Great Britain have recognized Alexander II.'s arms as the settled Royal Arms of Scotland. &iiilar abandonments of arms and the adoption of the arms of former Kings have been seen in England and elsewhere. Arms of Inferior Domitiicns. The earliest of these aisc began as the personal arms of the possessor of dominions, arms, in mcst or all cases, of assumption, and some of them, in addition, being arms of alluuon to the fiefs themselves. Instances of these have thus been noticed already. But one or two may be added. The arms which the Comyn brought !vith him from England, in the twelfth century, and his descendant bore as Earl of Buchan, were azure, three garbs or.* On the forfeiture of the Comyns, the earldom returned to the Crown. Robert II. granted it out, both lands and title, to his kinsman Alexander Stewart, ' the Wolf of Badenoch.' But no line of earls hat' any continuance till the earldom came into the house of Erskine, in whose possession the title now is. It returned to Robert III., James I. and James II., and by each of them was granted out again. None of their grantees derived their rights from the Comyns, yet all in their turns have borne the Comyn arms as the feudal arms or arms of dominion of the Earldom of Buchan. Alongside them, since the grant of the ' The Gtlre Armcrut tkowi tk«t the arm* of Brace were retained on the cqpeHiM of . Robert II. Plate lii. * William of Orange, ai an elected monarch, placed his own arms of Nassau on them, on an incKHtcheoa. *Macd. 578, 58a. ARMS OF DOMINION earldom by James II.,' the house of Seton has quartered the tame as arms of pretence, an assertion of a right of blood which had been ignored by that King. Similariy, the feudal arms <^ the Eaildom of Athdl, paly of six or and sable, borne by the Duke, are the arms of the former Celtic Earls ; and there are the saltire and chief of Annandale, the galley of Lorne, and others. Of feudal arms, created originally as such, we have the coat, argent three roses gules, borne by the Duke of Montrose ; the arms of the Earldom of Winton, azure, a star of eight points within a Treasure or ; the sun in his splendour, the arms of the Earldom of Lothian, which the Marquis quarters with those of his Earldom of Jedburgh, etc. These arms may be said to be usually arms of concession, general m special, according to circumstances. yirms of Pretension are classed by Nisbet apart from those of possession. We have just noticed that the arms of Buchan were assumed as arms of pretennon by the house Seton. The Lord Erskine who was killed at Flodden, and his son and successor, bore the arms of the Earidom of Mar as arms of pretension. The most famous instance of arms of pretennon, in at least British heraldry, is, of course, the arms of France borne quarterly by the Kings of England, and even by the Kings of Great Britain till 1801. Arms of heredttary perunal uffict »«ve a famous exemplification in the heraldry of Scotland in the case of the High Stewards, wh. left their paternal arms and adopted, or were assigned, arms allusive to their office of Steward; the fess chequy being understood to symbolize the Steward's chequered taUe— the taUe used for ckecking the amounts of his moneys. As another instance, we may cite the anchor in the shield of the Earls of Bothwell, High Admirals, and in a minor rank, the hunting horns erf Forrester and Hunter are arms of the same class. The arms offices hdd for a life or less bulk little in Scotland, few offices besides that of Lyon, mentioned on an earlier page, having arms. Before the Reformation there were no arms of ecclesiastical houses or benefices. Between the Restoration and the Revolution arms were assigned •To hit lulf-brotlier June* Stewart, ion of hii mother, Queu Jo»b, and hv Mcoad hwbuid, tlM Shek Kiiigkt trfLonie. 278 HERALDRY IN SCOTLAND to several of the bishoprics which then existed by law. Who, if anyone, «nce the Revolution Settlement have right to those arms has, so far as we know, never been decided. Such arms, when worn, are usually worn impaled with the officiars personal arms, those of the office being m the dexter side of the shield. An official does not impale his wife's arms and his arms of office on the same shield. Official badges of office in Scotland are usually only of the nature of external ornaments, as the sword and mace of the Justice General, the sword of the Justiciar of ArgyU, and the wand of the Great Master of the Household, the batons of the Great ConttaUe, and Lyon. V. ARMS OF DIGNITY. The badges of the Baronets are of the nature of arms of dignity. They are borne as complete and separate arms, on an escutcheon or a canton, save when a Baronet of Scotland places his in a badge pendant on his * orange tawny' ribbon below his shield.' The cross of St. John, gules, a cross argent, which was the arms of the Hospitallers, the Order of St. John of Jerusalem, and which was placed as a chief on the knight's shield, is to be seen in the arms of at least one of the Preceptors of Torphichen. It is seen thus on the seals of Sir Walter Lindsay « and Sir James Sandlands,* and in the arms of the former in Sir David Lindsay's Armorial.* By the statutes of the Order of St. John of Jerusalem in England, the Knights of Justice of the Order are entided to place on their shields a chief of St. John as it is now prescribed to be worn, namely, gules a cross argent embellished in the angles with alternate lions and unicorns or. > These arms are on the Arms of Scotland countefclMiig«l, and thenon, tiM Royd Amu of Scotland, the first shield being entigned with the Crown of Scotland. In the case of tlw canton, however, the crown it pbced on the Rojral ihidd. The arms of the other Order of Baronets are argent, the linkter hand, gokt of Ulster. » Macd. 1681. • Macd. 1364-6. ♦ Lindtaf MS., fd. 7Sa. CHAPTER X. METHODS OF DIFFERENCING THE ARMS OF CADETS. One of the principal heraldic duties of the Lyon King-of-Arms is to assign suitable marks of difference to the Cadets, or younger branches, of fiimilies having a right to armorial bearings. Like the Ktcinded Act* of 1662, the later statute of 1672 makes special reference to the fact of many of the lieges who were entided to bear arms having unlawfully assumed, •without distinctioni,' the ensigns of the heads of their families ; and for the purpose of enabling the Lyon to distinguish the bearings of such persons with 'congruent differences,' makes special provision for the transmission of authenticated certificates of their descent. The fint work of the laborious Nisbet to see the light was a separate treatise on the subject under consideration, entitled An Essay on Addi- tional Figures and Marks of Cadency, showing the ancient and modem practice of differencing Descendants, in this and other Nations,^ a subject to which he returned in an elaborate chapter in his larger work. « Tis the i wt intricate part of the science,* he declares to the reader of his Esuiy. Towards the commencement of the volume, he introduces the foUowing advice of the learned Camden, Clarenceux King-of-Arms in England : • •No Gentleman ought to bear the differences in Armories otherwise than the office of Armorie requireth, and when younger brethren do marry, erect and establish new Houses, and accordingly do bear their Arms with such • distinction and difference that they might be known from the families from which they are descended, the King-of-Arms ought to be consulted withal, and such differeuces of Houses are to be assigned and established by his » l„, to make him •endeavour to louri*h l.ke that excellent flower.' The rigiti, a Cm..M»e»i. or anchoring cross, to remind him to grip when he can ftnen, leeing he ha* nothing else to which he may trust.' The m»a, a ^iMrtJUi, ' to nttm that he H lemoved hvm the iuccewoa by eight degree*.' Modem hetald* generally agree in the opinion that, except in the case of the Royal ?"aL_!I**^ °^ 'I'fefence, the reason being, according to Sir George Mackeniie, that as they succeed equally, and are i>ei«-portioner>, such mark* are not required (Science o/HeraUr,, chap. xil. p. 75). But to carry the paternal coat without a mark of difeence ■* a privilege, and cannot be turned into a diMibUity in any case in which It mqr be henldicaOy coaveniou to a ctAeite** or to any nnmairicd daughter to bear her 282 HERALDRY IN SCOTLAND matter for every new riser at this day, if he can find that there is any of the like surname that beareth mark, presently to usurp the same with a creacoit or some such difference, so that (fot my own part) I do seldom credit such kind of diflTerings or their bearers, unless it be by some other testimony, or proof made manifest, which cannot be counterfeited so well in the other device, except the riser should be thoroughly acquainted with the descent of him whose line he seeketh to intrude himself into.'' In like nuinner, Mackenzie, who in 1680 traces the system firom a French origin, but says it has been abandoned in France,* urges various objections against the use of the tigures in question as permanent marks of difference, particularly in the case of certain arms in which crescents and fleurs-de-lis constitute the proper charges ; and he condemns the practice as having confounded all the ancient coats and filled our escutcheons ' with more crescents and mullets than are in the Arms of all Europe besides.' Though English arms, referred to here by Mackenzie as if one with those of Scotland, have been the more deeply marked of the two by the practice in question, it has been more or less in use in Scotland for a considerable time. In 1672-7 the Harden coat was recorded in favour of Scot of Haychester with the difference of a crescent, Thirlestane with a martlet. Wall with an annulet. Lyon himself (Sir Charles Erskine of Gimbo) took the Erskine arms with a crescent. But arms with a difference. In 15^8 the shield of Elizabeth Hay, sister to John, fourth Lord Hay of Yester, bore the three escutcheons of Hay with a star at the fen point (Macd. 1 301). In any case, the arms which a woman is thus entitled to are those of her father, including, of course, any difference which pertains to them. Only the label is used as a mark of distinction by the members of the Royal £imily, being carried by both sons .ind daughters, and itself charged for difference, except in the case of the Prince of Wales, who bears the label plain. IfUu is the ancient tinctnre of the Prince's label. John, Earl of Carrick, afierwards Robert III., bore a label of the Stewart chequers (plate xii.). If we in->- ' -dge by the Rolls of Caerlafertck and the HeraU Gelrt, the general custom was to choose of a tincture which would contrast strongly with those of the shield it w • -e place ■ . * Uiage of A- Banks' ei'' ■ ?. * The French system, deti . . oy Sir John Feme {Glcry of Genereiitj, a.d. i 586, p. 1 ; i), is that the second brother has a ' file with lambeaux ' (i.e. has a label) : the third ' hemmeth in his coat armour with the bordure of one colour ' : the fourth has a ' brodnre chequie of two colours ' : the fifth ' us^ h the brodure indented ' : the sixth ' most have his bead in devise (a* t> cy call it),' (<.#. must have a bendlet) : and the seventh mwt wear 'a ftase.' THE LARGER DIFFERENCES aSj crescents and mullets used for differences are not all of this category ; the mullet or sUr in the dexter chief of the Regent Albany's shield (1374 a.d.) b probably one of the ttara of Muir of Rowallan, the house of his mother.* The system of larger and permanent differences, once the universal rule, has continued, however, to be the general rule in Scotland. Both in England,* on the occasion of a new grant to a cadet, and in Scotland, on a cadet matriculating, some substantial altoratmn is almost invariaUy made upon the escutcheon carried by the head of the fiunily ; but the principles upon which heralds have acted have been very various. Sir DubcIm of Dttsdai. DaadM of Araition. George Mackenzie comes to the conclusion that, with the sanction of the proper authorities, every person ought to be allowed 'to take what mark of distinction can best suit with the Coat which his Chief bears.' » When armorial bearings first became hereditary, the differences adopted were more definite and distinct than at a later period ; and if some mote adequate syston bad been followed in the difierendng of arms during ^ScitM »/Hir»Urj, chap. xxi. p. ^^. •For tome canons eumplet of Engliik dilierencct, lee Ddlaway'i HtrtUrj it, EnglanJ, pp. 1*9 and 379 ; alio Lower'j Curmititi c/HeraUry, Appeadiz A. See abo 'Aacteat Mote of Difcrencing' in Tl* HeraUand Gtnttbpst, ii. 31. •The rule is generaUy admitted. TTie late Mr. R. R. Stodart, Lyon Qerk, deriied a iTStem of differencing which could be carried out through a number of generations of a widtljr ramified fiimily, by meant of bordures which vary in tinctures, boandary and partition liaMtndckogct; bat it if not appikaUe to com* ot^aaU^ boidar i. 284 HERALDRY IN SCOTLAND the development of the science, heraldry would unquestionably have proved a proportionately more valuable handmaid in the pursuit of genealogical and hittorical investigationt. Even as it isu however, armorial ensigns have been of no Itttk service in such researcheJand we have alreadjr referred in the introductory chapter to some striking examples <^ their utUi^ in matters of pedigree. (The following modes of distinguishing cadets are adopted in Scottish heraldr3r^ough some of them, it must be acknowledged, have not met with the approbation of either Nisbet or Mackenzie : 1 . By changing the tinctures of the field or of the principal charges. 2. By giving accidental forms to the principal figures. 3. By altering their potition. ' 4. By altering their number. ; 5. By change of part of the charges. \ 6. By altering the character of the boundary lines ot ordinaries and sub- ordinariet. 7. By addition of new charges. I. By changing the tinctures of the field or of the principal charges. Thus, the Earl of Loudoun converts the or and sable gyrons of his chief, the Duke of Argyll, into trmne and gules ' — the first of his family, in the reign * After blazoning these arms as in the text, in the first edition of this work, Mr. Seton was persuaded that he ought to have begun with the gyron on the deiter side, bounded by the line in bend and the fess line. See first edition, pp. 96 and 453. His original blazon, howerer, was, at we think, correct, and we adhert to it. DIFFERENCE IN TINCTURES 285 of Robert the Brucc^ htving married SuttniM Crawfurd, heircM of Loodoan, whose bearings were gules a feas ermine. In like manner, the family of Home place the white lion rampart of the old Earls of March, from whom thejr aie descended, on t /rvm instead of a rv^ field. As examples ot change of tiacture in the case of the principd charges, two instances muf be cited. The paternal arms of the House of Hamilton are gults^ three cinquefeib ermine, while several branches of the family make the cinquefoils argent. Again, the original bearings of the surname of Shaw are azure, three covered cups or, which Shaw of Sombeg alters to argn$y bendes placing three muUets in fcss. The case of the black and the red maunches of the two branches of the English house of Hastings must occur to the mind here.' The amplest mode of altering the tinctures is that termed couHterthaHging. It is naturally more apfdicablc to coats of two tinctures than to others, as it consists in taking the tincture of the charge for the fidd and that of the field for the charge. The method was adopted as early as the end of the twelfth or beginning of the thirteenth century, when the Knights Temphra hived <^ from the parent Order of the Hospitallers, and instead of the red surcost of the Hospital with its white cross, aamimed a white surcoat with a red cross. The ancient arms of Hay of Enroll, chief of hu house, argent three escutcheons gules, were borne counterchangtd by Hay of Bourne^uks three escutcheons argent.* A partial measure of counter changing is adopted at times, usuaUy where the branch is fir removed from the main stem, as in the case of a cadet of a cadet. It consists in dividing the shield of the principal family into, for example, two, by one of the recognized lines of partition, and counterchanging the dnctures of the field and bearings of the halt so divided off, so that the rule n adhered to, that metal ahoold not test upon metal, nor cotour upon colour.* Accordii^y, IrfmdOTB. » »•» pstenul cagainaca of tlw picNat ImI ef 'LitHbqr't Kipttir, t. i lo, • The most Eimoas case of the intentional violation of this general rule occurs in the uuigBta of the kingdom of Jerusalem, established by the Crusader^ which are • croM potent between four plain crosslets, er. The crosses are suppowd to lymboliae tke ire wounds ofonr SaTioor, and the peculiarity of the blazon ii Mtid to bear allusion to Ps. bnriii. 1 3. The arms s have a86 HERALDRY IN SCOTLAND Laurence Oliphant, Writer to the Signet, descended from a second son of Oliphant of (iask (a cadet ot Loni Oliphant),' carried party per fesa, gulea and argent, three crescent! coun- terchanged — the two crescents tn the upper half of the shield being silver on a red ticld, and the single crescent in the lower half being red on a silver field, while the principal arms of the surname, as already mentioned, are three silver Lamtiice CNiplMiit. W.S. c„8cents on a field entirely red. Like chevrons and bordures, however, counterchanged bearings do not necessarily indicate cadency. Thus, I'je Earl of Panmure, Chief of the family of Maule, carried party per pale, argent and gules, on a bordure eight escallops, all counterchanged ; and, in like manner, the arms of Lord The Eari of Panmwt. Tht OraJum. Gnham of Meikkwood. Naime were party per pale, sable and argent, a chaplet charged with four quatrefbils, similarly counterchanged.' 3. A second mode of distinguishing cadets is by giving aeadntal ftrm been termed 'arna poor enquirir,* m being intended to excite inquiry into the cause which prompted a deriation &om or^'xraxy practice. It is more probable that it was thought that the cases were too exceptional to be satisfied under ordinary rules. The rule, however, wii not thought so sacred in early times as now. Dugdale cites honourable cases of its diircgud. i/uiM/ Vu^ (t68a ed.), p. 44. • For Lord Oliphant's coat see below, p. 294. * The bearings of the poet Chaucer were party per pale, argent and gulet, a bend counter- fhiwytd. DIFFERENCE IN FORMS OF BEARINGS S87 to the principal charge*. Where tmtwni fgum— wch u tb* *^ or limbs of animals— are carried as armorial ensigns, their fomw are •oraedmn altered and modified by the cadets, by means of couping or erasing. i.e. cuttiiig off in a ttratght line, or tearing away so aa to leave a jagged edge. Accordingly, while the bout* heads, or, which are the cognizances, on an azure field, of the house of Gordon, are borne couped by the chief, and therefore now by the Marquis of Huntly and most of the branches of the family, they are borne erased by the Gordons of Lochinvar (Viscount Ken- mure) and most of their cadets, such as Earlston and Cariton ; also by Gordon of Lesmorc and his cadets, Birkenburn, Terpersy, etc. ; by EdinglaMe Knockaspack and others.* It appears from Font's MS. that Porteoot of Porteoot oTHslfahaw. PorteoM ofCraiglockhart. Halkshaw carried azure, three stags' heads, cenpeJ, argent, attired with ten tynes, or ; whUe the arms of rge Porteous of Craiglockhart. ' one of his Majesty's Herald Painters,' arc thus blazoned in the Lyon Register : On the same field (azure), a thistle between three bucks' heads, erased, or. It is very doubtful if the change from the couped to the erased heads would have been sufficient as « diffimnce without the addition of the thistle. J. Cadets are also distinguished by tlttrmg th* porithn tftht charges borne in the paternal arms. Thus, as early as the time of the historian, Andrew of Wyntoun, the stars of Moray and Douglas, albeit differently placed, were thought to indicate a common origin.* Menteith {i.e. Stewart) of >N»bet, Syitem, i. pp. 315-; ; Paul, Ordinary, pp. 336-239. 'Off Murrave and of the DimglM How th«t thare begynn/ng wes, Sen timltjr nen ipekii lyndrely. i88 HFRALDRY IN SCOTLAND Riislcy altered his paternal fess chequy into a bend chequy, and changed the chequers from azure and argent to sable and argent.' Lindsay of Rouie bore a ttir in hit dexter chief, which his cadet, Lindt^r of DowhiU, removed to the middle of his chief.* The rose gules barbed vert, wkkh Scott of Galashiels places for difference in chief, the Scotts of Harden, Thirl»> sune, and Wall place in the sinister chief point, the two last surmounting i: with a martlet and an annu' rt respectively. The CKallops, or shells, which conatttute the bearings of the Hotne of Pringl^ arc carried Pringle of BurnhoMc Piria^ of Wk/tbrak. Prin^ofCaiftoiu by the earliest recorded members of the family on a ienti* They are registered for the Pringles of Galashiels (afterwards of Whytbank) and Torwoodlee u carried on a sa/iire, and by the families of Clifton and Haining as on a Again, the Scotta of Bevelaw and the LesUes of I can put it in na Uort-. Bot in thare armes baith tliai beire The iternis nocht set in lik manere ; Till mony (ony : MS. Cott.) men *t yil it MUC Apperand like at thai had bene Off a kyne be decent lynvall. Or be branchis collaterall. Wyntonn C4r«.»r/f (a.d. 1395-1413). Wemyit text, chap. c«l.. 11. 1417-1426. Cott. Mi Bk. viii. chap. vii. *See the bend chequy on plate it. «See plate xxxvii. »Macd. a»i4.i8. The only difference which they indulged in was the bend liniitcr. Macd. 2219, 2 a 20. It conveyed no Miggettion of bHtaidy. * Sir David y ndtay, p. 91, gim the wmi of Pringic of Burnhouie-argent on a bend sable three eicUopt of the field. While the Pringlei of Whytbank bear five goU escallop, on • U$ci tdtir*. the £unUyof TorwoodlM cury tht wiat naabcr of jifcfr cicalk^ on a Mwidttn TRANSPOSITION OF QUARTERS 189 Bilquhain converted the bend carried bjr thdr rftpcctivc chMb into • /*«, without any other addition or alteration, charging tht ft* with tilt figures which occupy the bend in the principal armi. Numerous synematic illniitnidoM of tiiit modi of diftnacing, afforded by the cases of the famili« of Clifford and Cobl»m.fer flnmpK«« AiraiM by vritmon tiw limldry of EngUnd. ' LMlieofBtlquhaio. The practice of mmpmng quarters, as a way of diflferencinfi '■adets prevaik to a considerable extent in Gcrmwy, bat it of comparatively rarj occurrence cither in France or the United Kingdom. It i. .trongly objected to by Ni»bet on the ground of its 'prejudging [prejudicing] prSd familiea, «nd disturbing the 'precedency due to arms.' The reason howeveT >s not .0 good aa the practice ia bad. fi>r the principal family may at any' tune desir« to tranapoae iuqnartera ittdf. aa fiunili« have occaatonally done. -Hj. Utur ch«p being engrailed in both ca,e.. The Pringle, of Stitchel, •« tk. otfc« hand, do no. u,« any of the ordmarie-their bearing, b«n, riapl/ ^ ih^Jl^Sc^ Chfton's arm. reg..tered in ,693 were azure, on a cj«»«,n artJt. tfcrTL-nL r .K ^ Hai^„g..differe„«f«.m Clifton ...r-i hi« « ^1^.::^.^Zr:^r:l^:^:: PcUcgnno) Um mutmum of Pnngle has been traditionally derived. V'-««fnina, ' Give me my Kallop-ihell of quiet ; My itaff of faith to wilk ^oa ; Mjr Krip of jojr, inuBortal diet ; Mjr botde of islntioa ; My gown of glory (hope'j true gage) ; And thuj I'll make my pilgrimage.' T A V —Sir Walter lUfcigh. o.t pucnm. wlio wm tnJy wAfe fi«« .Naming escallop .hells a. armorial enMga,. to " HERALDRY IN SCOTLAND In the case of a cadet who inherits a quartered coat, and uses it with si difference, the difference must be one which in character or place affects the whole coat. Thus, if a bordure, it must surround the whole arms ; if a charge such as a crescent, it must be placed so as to surmount actually or constructively the whole quarters. Walter Lindsay of Edzell, • ci pH son of David, third Earl of Crawford, used, a.d. 1457, his fa^ ar's quartered coat with a star added at the fess point.* From the positiot cho<;en for the difference it affects all the quarters. The bordure, quart (jults and sable, registered in 1672-7 for Colonel Henry Gordon, has the same otiicc : it surrounds the whole coat.' But the grants of coats to cadets of the noble house of Graham of Montrose and their descendants have not always observed the rule so successfully. The Grahams of Braco, Orchill, and Killearn, for example, have severally been granted the quartered coat of their chief (one and four : or, on a chief sable, three scallops of the first for Graham ; two and three: argent, three roses gules, for the title of Montrose), with additions of various kinds on one or another quarter only. In the case of Braco, the difference affects the Graham quarters only — the Graham chief is engraileu.* The Orchill shield is in the same case, save that the difference on Graham is effected by the addition of a boar's head on the field, instead of a variance in the line of the chief. Each of these coats reads as if the honours of Montrose belonged to a cadet house, assertions which it is unnecessary to combat, when Orchill and Braco, each heraldically claiming the honour, contradict each other ! * ' Plate xxxvii. ; Macd. 1672, 1673. '■'Paul, Ordinary, 1325, 4815. 'Lyon Register, 1672-7 ; Paul, Ordinary, 1323, 4813. * Even more indefensible is the shield assigned in 17 14 to Graham of Killearn, the same who was Commissioner to his chief, the Duke, in the troublous time of Rob Roy. The houie of KiUeam represented, it may be obierved, a fourth ion bom to the second Marqnii of Montrose and his Marchioness, Lady Janet Keirh, daughter of the third Earl Marshal. In he coat in question the first and fourth quarters are Graham unJifferenced ; the second and third, are argent, three reives gules, barbed, vert, on a chief of the second, three pallets or. Paul Qrd. of Armi, 1327, 4816. As to his first and fourth quarters, Killearn had no right to them, save, at most, only when he marshalled them with arms of alliance, which he did not Hit second and third quarters, taken alone, are the ensigns of a cadet of Keith, which he was not. If they are recognized as the aras of the title of Muntrote with a diffisrence, one can only say that the ensigns an indivisible honour cannot be so treated. NUMBERS OF CHARGES 291 The composed coat, constructed out of the quartered coat of the chief, is occasionally adopted by a cadet who otherwise might perpetuate his chief's arms with a difference. James Graeme, Solicitor-General, registered, in 1688, the coat which, with a bordure, was registered about the same time by Graham of Gorthy as descended from a cadet of Inchbrakie, who in his turn was a cadet of Montrose, namely,— or, three roses gules, on a chief sable, as many scallops of the field. The roses are here a mere allusion to Montros.: in the same way as the difference used by Inchbrakie was an allusion to the dike. 4. For the purpose of distinguishing cadets the practice of altering the number of the charges, either by way of diminution or increase, prevails to some extent among the French and other continental nations, but is of rarer occurrence in Scottish heraldry. In his JurisprudeHtta Henka, Christyn mentions the bearings of die House of Clermont Tallart, in TmrnbolL TorabvU rf Bedrnie. Dauphiny, viz. two silver keys, in saltire, on a red fie!d, adding that the fiimily of Chatto, as a cadet, carried only a singU key, in bend. The prin- cipal house of Douglas bears three stars on its chief. Douglas of Dalkeith and Morton bears for difference two stars, changing at the same time the tincture of the chief from blue to red. On the other hand, according to Pont, the Scottish fiimily of Sydserf, originally from France, carried argent, a fleur-de-lis, azure; while Sydserf of Ruchlaw appears, on the Lyon l:^ister, bearing three of these charges on a similar field. In like manner, the ancient arms of the Turnbulls of Bedrule, and also of Minto, consisted of a singk bull's head, erased, sable ; but < of late,' to use the language of HERALDRY IN SCOTLAND Nisbet, 'those of this name multiply the heads to three.'' There is an early seal of Guthrie of Kincaldrum, a.d. 1450, with t'our garbs on a shield which is parted per cross. Now Guthrie of Guthrie bears a single garb ; the Guthries of Craigie and Kinblethtnont, etc., three. James Guthrie, minister of Stirling, who was executed at Edinbui^h in 1661, bore two. 5. A cadet's arms arc sometimes differenced by the chanj) - of a charge in the paternal coat. Thus the bugle-horn which Lindsay of Kirkforthar took for his diflttrence was abandoned by his cadet, Lindsay of Eaglescairnie, who substituted a gauntlet for it. The star borne by Lindsay of Dunrod in the base of his shield was changed for a bugle-horn by his cadet of Linbank and for a cinquefoil by the laird of Crossbasket.' The three buckles which were Lord Balmerino's difference from his Either, Lord Elphinstone,* were altered to three hearts by his son, Lord Coupar. The method of altering a bend to a bend sinister or replacing an animal or animal's head by the same contourne was not infrequent in the heraldry of earlier times. The shield of George Abernethy (a.d. 1482), third son of Lawrence, the first Lord Abernethy, exhibits two of these expedients ; not satisfied with adding a star at the fess point of his paternal shield, he replaces the lion and ribbon with a lion contournd and a ribbon sinister.* Similarly, David Balfour, brother of Balfour of Bello, while adding a cinquefoil in the base of his shield, made the otter head of Balfour contourni.* 6. Another method of differencing is by altering he character of the boundary lines of ordinaries and sub-ordinaries. Thus, while the head of the house of Graham, the Duke of Montrose, bears for Graham or, three escallops of the same on a sable chief, the chief was borne invecked hf Graham of Fintry;* embattled by Graham of Micklewood already 'Sir George Mackenzie gives: 'Turnbull : Argent, a bull's head eraicd able; Tumbnll of Bedrule : Argent, three bulls' heads sable armed vert.' * Plate xxxvii. The conspectus of arms contained in this plate, which, like a number of the other illustrations, appeared in the first edition, wm prepwed fat Mr. Scton nnder the •npervision of the late Earl of Crawford. •See below, p. 197. * Macd. 7. For Abernethy arms, see plate viii. *Macd. 78. 'a.d. 1478. Plate xxix.; Macd. 1136. On some of the later seals of this family are pment three piles, understood to be those of Lovell of Ballumby, and the invecking of the chief is not apparent. See page 187, note i. ADDITIONAL CHARGES mentioned (1672-7), and engrailed by Gnham of Braco (1672-7). WhUe Oliphant of Bachilton received the arms of his cnief with a chevron added,' Oliphant of Clasbainey, who was a cadet of Bachilton, was granted the arms of Bachilton with its chevron crenelated. He was thus clearly distinguished as a cadet of a cadet of the chief of Oliphant. 7. But perhaps the most usual method of differencing the arms of cadets is by addition, the method where practicable having the advanta^'.s of preserving the bearings of the paternal coat and introducing into it, if desired, a new element of meaning of special significance to the line of the cadet himself. Heraldic charges are conveniently divided by some writers into two grand classes, viz. proper i.nd natural— iht former including what are termed • Ordinaries * (pale, fess, bend, chief, chevron, etc.), and also * Sub-ordinaries ' (bordure, tressure, canton, etc.) ; while the latter comprehends all animate and inanimate objects, which are described by appropriate terms expressive of the manner in which they are represented, as well as of the position which they occupy in the shield. • All these figures,' says Nisbet, • whether proper or natural, are sometimes carried as principal, and sometimes as additioHal. By principal figures, we understand those hereditary fixed marks carried by the chiefs of families (which serve to distinguish chief families from one another), and are transmitted to all the descendants. By additional figures, we understand those, whether proper or natural, which cadets add, as marks of cadency and differences, to the p, i.icipal, hereditary, fixed figures of the family, that they may be distinguished from the chief and from one another, which are called differentut extraHtorum.' * Besides being marks of distinction these diffCTences frequently accomplish a secondary object, by commemorat- ing some honourable action, employment, or alliance, of which many instances occur in Scottish heraldry. A very common mode of differencing cadets is by adding to the paternal arms of the fiimily meofik* Ordittarits or Suk-erdinarits already referred to, particularly the chevron or the bordure — of which numerous exampks wll ' See below, p, 294. *Sj$tm$fHtr«Urj, toL '•\ part iii. p. 17. HERALDRY IN SCOTLAND be found in the Lyon Register.* Thus, Oliphant of Bachilton placed a silver chei >»t between the three crescents of the same metal carried on his red shield by Lord Oliphant as head of the fiimily, while Dundas of Arniston surrounds the red lion rampant on the silver shield of his chief, Dundas of that ilk, with an ermine bordure. In like manner the Earl of Aboyne, a younger son ot George, second Marquis of Huntly, carried a chevron in addition to the paternal arms of Gordon (three boars' heads) — his motto being ' Slant c Both the bordure and the chevron are occasionally carried at principal figures hy the chiefi of families, as in the case of the old Earls of Dunbar and March, and the noble head* of the houses of Maule, Kennedy, and Etphinstone. *The ume arms, with the exception of the bordnre, were carried by the Lundins of that illc till the j ear 1 679, when the following coat was specially granted to them by King Charles II. in commemoration of their descent from William the Lion : Or, a lion rampant gules, within the royal tressure, flory and counter flory of the last, all within a bordure, gobonated, azure and argent. For the Royal Grant authorizing the change in question, see Nisbet's Syittm »/ HtrMrj, i. 64. ADDITIONAL CHARGES represents, an immediate younger son of the principal family ; but if these charges are formed by crooked lines (engrailed, invected, indented or em- battled), or are themselves charged with devices, descent from the third or fourth son is presumed to be implied. Here again such coats as those of Elphinstone are an exception. Lord Balmerino, whose chevron was charged with buckles (see below, p. 297), was an immediate cadet of the chief In other words, the greater the variation of the additional figure fronj the simplest form in which it can appear, by means of these accidental forms, by being charged with other figures, or by being gobc iated (compone), or divided by the partition lines (parted per pale, fess. Lend, etc.), the further are the bearers usually supposed to be removed from the principal house.* A case in point is that of Oliphant of Clasbainey just mentioned. According to Dallaway, the Ribbon is a difierence of very high antiquity. The Baston, now called a bendlet, was similarly used and of equal standing. The modern Baton, with which '■'*. is sometimes confounded, is of much later introduction. The former extends diagonally across the entire shield, from the dexter chief to the sinister base, while the latter is couped at both extremities, and is generally, although not invariably, borne sinister ways i.e. extending from the sinister chief to the dexter base, and is a mark of ' incomplete agnation.' The well-known example of the ribbon found in the old arms of Abemethy, as quartered by several distin^nitsk ^d Scottish femilies, where it surmounts or bruises a rampant lion, certamly a difference, but whether a mark of cadency we do not know. The Bendlet appears to have been similarly used by Henry of Lancaster, second son of Edmund, Earl of Lancaster, second son of Henry IIL, on whose seal the three lions of England are debruised by that figure.* Where one of the ordinaries is carried by the principal family, the younger branches not infrequently charge it with stars, animals' heads, leaves, and other figures. Thus Maxwell of Teyling bore ' a man's heart,' • Nisbet, Earf «• AJditimtl Figure:, p. 81. « It is called a baston in the R)U tf Catrlavtrock. His elder brother's arms at the siege were the three lions of England, with a ' label of France,' U. azure semi of fleurs-de-lis. Mr. Montagu engraves an interesting example (a flear-de-lit surmounted by a bendlet) 60m one of tiM andent tile* in tbe Abbajr* »as Homme* at Caoi. 296 HERALDRY IN SCOTLAND or, on the paternal saltire, sable on argent, of his family.' Ker of Chatto's arms, now the ist and 4th quarters of Scott Kerr, recorded 1672 : gules, on a chevron between a crescent in chief argent, and a stag's head erased in base or, three mullets of the first, differs from those of Ker of Greenhead, recorded at the same time by having all within a bordure azure. The difference may also be placed on the field whether the shield contains one of the ordinaries or not' Thus Maxwell of Lochrutton bore a saltire with a trefoil in base. While Dennistoun of that ilk bore argent a bend saUe, Dennistoun of Cdgrain is recorded in 1672-7 as having argent a bend Maxwell. Maxwell of Teyling. sable between a unicorn's head erased in chief of the second, and a cross crosslet fitchie in base azure. On the other hand the engrailed bend gules which surmounts the Stewart fess of the house of Garlics (Earls of Galloway) is understood to be a part of the arms of the present house of Stewart of Bonkil, whose bend of the same tincture, but plain, was charged with the Bonkil buckles." In addition to the three bears' heads argent muzzled gules on an azur« field of his noble chieftain, a cms patty fitchie or, is carried by P'orbes of Craigievar ; and, in like manner, Borthwick of Crookston formerly bore a » Macd. 1 9 1 4, and Rtptttr tfArm. The uliire it alio the bearint of the Iriih Fitzgerald, and of the Englith Nevilles. That of Fitzgerald is red upon a silver thicld; but— ' Upon his surcoat valiant Neville bore A silver Saltire upon martial red.'— Drayton's Btronf Wm, i. aa. » A mode of differencing, termed 'Gerattyng,' was anciently in use in England, and to wmt extent in Scotland aba It conitsted in fmitring the field of the escutcheon with stan. CRMCs, and other small chugea, of which nine different kinds are enumerated in the Mu tfSt J&Mi (lig. b. iii.). See Planchi's Pwrmivani of Ami, p. 145. *Nisbet, Syittm, 171a, pp. 49, 50. ADDITIONAL CHARGES 297 raven's head in the centre of the three dnqudbib which constitute the paternal ensigns of the name.* At already suted, in the adoption of heraldic differences, a second object » frequently attuned at the «une time by .electing as the difference a cHMge whKh IS comroemorative of tome honourable aUiance, action, or Lord Porba. Forbes of Craigievar. employment, or other special circumstance. 'Thus.' in the words of Sir George Mackenzie. «the Lord Balmerino charges the chevron, which the Elphmston- carries, with three buckles, because his mother was Monteith and daughter to the Laird of Carse, whose charge these are ; and the Lord Coupar, brother to Balmerino. did charge the chevron widi three htartt iMd BIpkiBttoM. Lord Btlraerino. because his mother was daughter to MaxweU of Newark.' » Sir William Hope of Hopetoun. sixth son of the fiunous Lord Advocate, Sir Thomas . l^* "5^' "* ^ ««»»«>ritr of PbM ami Workman, and form. « Badi more •atii&ctoiy diKrence than the crcKent which !> girea in the Lyon Register. ^^1^%^ TheftdmcrinobucU^wereor. Lorf Co.p« w.. tkc «o«l « 01 tae Ittt Lata Baimcniio, and brother to the tecond. 298 HERALDRY IN SCOTLAND Hope of Craighall, married first, Anne, daughter and heiress of Robert Foulis of Leadhills, and second, Lady Mary Keith, daughter and co-heiress of William, seventh Earl Marischal. Thereafter John of Hopetoun, his eldest surviving son of his first murrii^ bwe the paternal arms of Cnug>- hall, azure, a chevron or bet /een three bezants, with a bay leaf slipped vert from the Foulis coat, on the chevron, while Sir 'W illiam Hope of Balcomie, Baronet, the heir of the second marriage, charged his chevron with three pallets gules from the arms of Keith. Sir David Undsaf of the Mount, the Lyon King, who had married a Douglas, differenced his shield with a heart in its base.' Nishet informs us that when Hamilton, the earliest cadet of his house, married the daughter and heiress of Stewart of Cruxton, he placed a fess chequy between his three paternal cinque- foils, the whole of which was afterwards surrounded by a bordure charged with eight buckles for Diglay of Inner- wick, with wlMse heiress came the lands bjr which this "cJrJSv^'S'r" HamUtons was thenceforth known.* In the same manner, the first of the Cockburns of Ormiston added the chequered fess of Lindsay to the family arms (argent, three cocks, gules), on account of his marriage to the daughter and heiress of ' Alexander de Undsay, dominus de Ormistoun.' * As an instance of a difierence assumed by a cadet to perpetuate a noble action, we may mention the waggon placed by the Binnings of Easter- Binning on the engrailed bend carried by the chief of the name (Binning of that ilk), because in the time of King Robert the Bruce, William Binnock, their ancestor, assisted by seven or eight others whom he h i concealed in a waggon of hay, surprised and took the Castle of Linlithgow from the English.* The armorial ensigns of the Grahams of Inchbrakie,' descended ' See plate nxvii. *Nubet, Etiay on Marh of Cadency, 216. The coat here described is probabljr later than that discussed above (page 164) in which he placed quarters for Hamilton and Diglay on the Stewart coat. ^ Ibid. 217. «Ni*.bet's account, Emj, p. 195, di&rs in dcuils from that accepted bjr Lord Hailc* (AwmI . See Tytler's Hitltrj, 3rd ed. i. 365. " Jr, a wall feia-ways azure, broken down in some parts, in bate * roae gnlei^ on • chief sable, three eicalops of the fint ' {Rtgiiter of Arms). ADDITIONAL CHARGES zg^ from the hooM of MontroM, comnt (if a irmtm dUt^ or mdl, fetswise (with a roae in base, in allusion to his descent from the imin stem of the fMOf), and three escallops on a chief (the family cognizance). The dike has been adopted to commemorate the valour of a remote and ^prchMy mythical ancestor of all the Grahams, in making a bmch in the ivaU erected by the Romans between the Forth and Qyde, which for ages bore the name of 'Graham's Dike.'' A ianded connection between the name of the place Inchbrakie and the breiUc in the wall may have existed ; but unlike the Easter-Binning waggon, the charge alluded to no valour of the laird of Inchbrakie in particular. Allusions to honourable offices and employments occur in the escutcheon of the Brucet of Bakaskie, and in those of at least two hmnches of the family of Wood. Sir William Bruce of Balcaskie made the chief in his paternal coat wavy, ' to show his kindness to and his skill in the art of Navigation.' °- In like manner, Wood of Balbegno added, for difference, tw» hrfs tied with strings to a bough of the paternal oak-tree, in reference to his office as Thane of Fettercaim ; while Wood of Largo placed the tree between two ships, under sail, as Admiral to Kings James III. and IV.' Patrick Hepburn, third Earl of Bothwell (sue. 15 13), when created High Admiral of Scotland placed an anchor in the base of his shield.* Sometimes the same ^mily considerably varied u/ J r » ,u **** ^ differencing, of which a curious example Wood of Balbegno. • • 1. vt- l ^ • . - . IS given by Nisbet in die case of die Setons of Cariston. « The first of this family,' he says, ' was John, second son of George Lord Seton and his lady, Elizabeth Hay, daughter to John Lord ' See • The Myth of Graem's Dike,' Scottiik JwMpmy, wfA. xri. p. 109. ' Mackenzie, Stunct »f HirtUrj, chap. xxi. »Nbb«,*Mjr,»o». The original tnntofWood of Bonin|toiin«i«aa«,«nodt or, on « noont proper between two crm ctoMiMi of the Mcoad. *Macd. 1310, 1311. 300 HERALDRY IN SCOTLAND Yetter. He carried firtt, or, three crescents, within a double trcssure counterHowered, gulet ; tnd for his diflcrence, as a younger son of the House of Seton, charged one of the cmcenU with a ^namt, as on the roof of Samson's Hall iti the House of Scton : he married Isabel Balfour, hcirvat of Cariston, and their son George Seton of Cariston, laid aside the br-^nt, and placed in the centre of his paternal arms, between the three crescents, an etter*t W, fiw Balfour, as in Thomaa Cnwford'a MS. of blazont ; and afterwards the family carried quarterly, first and fourth, Seton ; second and third, gules, on a chevron, or, between two otters' heads, erased, in chief, tnd a fleur-de-lis in base, o\ the second, an otter's head, erased, of the «rat." The Label (or Lambel), already referred to as a temporary mark of an eldest son, was the hereditary difl^erence of some hoiuet. On the arma of The sacccMive Coats of Seton of Carijton. France, it was to be seen on the escutcheons of all the members of the house of Orleans, while the distinctive mark of the family of Anjou was a plain red bordure, which the Alen^on branch charged with eight bezants argent by way of further difference. Nisbct mentions three examples of the label carried as a herediUry difl=ert..ce in Scotland, viz. Hamilton, Earl (now Duke) of Abercorn, Arbuthnot of Findowrie, and the house of a younger brother of Maxwell of Nithsdale, who married the hdrest of Lord Herries.* The label is the charge apfm^riate to be borne by the heir mde - ^Eiiay M Mrmtries, p. io8. For some time past, the representatives of this family have cwried arms in accordance with the uemut of the above blazou, viz. an otter'* head in the cenue of the paternal arms of Seton. » Nisbet, ^MHtMi Figtru, pp. j6, 67-8, and lee {date »i. DIFFERENCE BY QUARTERING 301 who is not ehc heir of line of hit houie, when the principd. U. w^tnnctA arm. h»ve ^n .e to the heir of line.' While the charge thus belong, to UM Duke of Abercorn. who i. heir male of the houM of Hamilton, although ^ prmnm hoMMin of th, home «w now in the houae of Dougla. with the heir of l.ne, .t doe. not appor in th. atmpli«ettioM of hk GnKc'a irmt which are found in modern Peerages. One cue remain, in which the paternal bearing, are preserved and the arm. of the «det are yet di.tinguished. It i. where the cadet marahal. other arms with his own. Hay. Earl of Kinnooll, m we have aeen. qutrtm the undiffercnced coat of Hay of ^rroll. and Hay, Maiqui. of Tweeddde, pUce. .t on an escutcheon .urtout. These courses are questioned by «,me herddic writer, on the ground that the principal coat i. not marked, but repeated entire as borne by the head of the fiunily. The practic^ » aw- ev^. IS admitted by both Mackenzie and Nisbet, thot«h on perhapa different ground.. • Those cadets.' says the former. « who have their arm. qtnrtered with other arm. need no difference, for the quartering or im- primg ,. a .uffident difference." Ni.bet, on the other hand, declare, that quartering .s 'looked upon as a sufficient and regular briaure in the beat ofour familie., and especially by second sons.' Mackenzie*, view i. probaWy the more correct. A more Kriou. divergence of opinion exists between them on the question whether a Mcond brother, when he differences himself by quartering another coat with hi. piUenial arma. muat ahrav. contini-e his father's brisure. he [the father] being a younger son of a prmapal fiimUy. Mackenzie think, that he need not ; Nisbet, on the other hand. » of opinion that he muM, and that • the clearest way to make known the descents of ftmilies by arm^ i. for them to retain the congruent dUfcrences of their progenitors, although they quarter with the ooats of other fiundie. as their own particular diflerence.'' It is to be regretted, on the Whole, that Nbbet'. rule in thi. matter has not been admitted, for the P»ctice has been varied. The lion rampwit of the ancient Earl, of Fife. i6»T*^ ^ «^»«»3r. II. Hi. 7. citing Dagdale. J,^t Vu »f Arm (.«ond ed. *Mnc* rfHtrMj, clup. ^. 75. *sj,um tfHnaUry, vol. ii. pi^t iii. pp. ,1, «. 3oa HERALDRY IN SCOTLAND and the gyron* of the house of Argyll, are borne quarterly undifficrenced in the arms of numbert of persona who, at the best, represent only cadets of cadeta of ttioae great fimnlics. But aa a ruk, when the maon Ims appeared sufficient, the distinctive arms of more immediate ancestors have been preKfved. Scott Kerr of Chatto and Sunlaws bears arms of Kerr and Scott quarterly, not, as by the doctrine of Mackenzie he might, the arms of the chiefs of Scott and Kerr ; but, first and fourth, the arms whkh were registered as those of his ancestor Kerr of Chatto in 1672-7, when he bore a coat of a cadet of a cadet of Kerr alone, namely ; — gules, on a chevron between a crcKent in chief argent, and a stag's head erased in base, or, three mullets of the first (the arms of Kerr of Greenhead), within a bordurc axure ; second and third, or, on a !iend azure, a mullet of six points between two crescents of the field and in the sinister chief point a rose gules stalked and barbed proper (the arms of Scott of Harden), the rose surmounted of a martlet argent (the diflRerence of Scott of Thirlestane). Graham-Murray of Murrayshall, who was paternally a Graham, a cadet of Buif^nwan, woo was a cadet of Garvock, naturally retained the differences belonging to his Graham arms, although he quartered them with those of Murray, and did the same with the difference of Bahwrd in his arma of Murray.* His coat is quarteriy ; first and fourth, for Graham, or, three piles sable widm the royal tressurc, on a chief of the second, a crescent between two scallops of the first ; second and third, for Murray, azure a cross patty or, between three mullets arg. within a double treasure fiory counter flory or. Thus to the most casual observer it is the coat of a Graham who is descended from the Royal marriage cf Sir William of Kincardine with the Princess Mary, and also fi-om a Murray of the house of Balvaird, and Stormont, a cadet of Murray of TuUibardine. Th«! occasional practice of assuming an entirdy difibrent coat (rf* arms from that pertaining to the bearer's chief is chidki^[ed by Sir Geor^ Mackenzie, who refers to the Scotts of Balwearie carrying differ-nt arms horn the house of Buccleuch, and also to the family of Auchinleck of Balmanno bearing an emh«t$Ud er < (the arms of Bahnanoo), while /Am k4m mttt carried Auchinkck thitt ilk; * but tliis,' Iw adifa, 'waa ' hftM K^y tt e r , 1791. CHANGE OF ARMS 303 occiioned by cadets marrying heireases. whose arms they auumed without unng their own. aeeing they got no patrimony from their predecessors." At to dM Cnt oftlMM CMM, the obMmtion should not be omitted that no blood affinity between the Scotts of tht Bnunholm and th« Scotta of Balwearie has ever been shown ; no reason, therefore, ia known to exiat why cither house should have deferred to the other in a matter of arms ; Mr any preaumption aa to which was the parent house, if either was. The fcwiy of Balwearie had certainly borne three lions' hcMb eraied.> with or »-.thout a chevron, since about 1380. and prahaUy «nce the appearance of b.r Michael Scot about 1296, while in the aame 1296 or thereby a Waller Scott of Bucclcuch. Scott of Balwearie. Scott, who appears in no pedigree, used a seal which is described as bearing •a hawk on wrist, creacent and sur in field.' » There is a tradition that the ancestor of the great border dan altered his arm. on hi. marriage to the daughter and heiress of Murdiston of that ilk. If he did, he did W bdbre tl« September of the year last mentioned.* One story is that he the.> laid «Mde the lion.' beads, and assumed the arms of his wife— or, on a bend •wre. a ^ betwixt two creacent. of the fim-the Mme cognizance, which are now carried, with varioo. HHtabk diftwncea, by moat of the aaiAng branches of the house. ' Sei/iuf if HtrtUry, chap. mI. Q- w^'*T" " f L""* Seal, of Sir Michael (r. ,,96) and .375- WiUum Scott of Balw.M«w, 5,6 bo«UtteeWfc«d.«r««l. lU^i^M, 'BfaedoMld. .384. «««iiV**oftI«rtw. 304 HERALDRY IN SCOTLAND Another version of the legend is that the htnd alone came from the Murdiston alliance, and that the Scotts had borne the star and crescents previously.' All that we have found in support of this view is the occurrence, already mentioned, of the shield of the Walter Scott of about 1 296. There is no record of the arms of Murdiston of that ilk. The earliest known seal bdonging to the line of Buccleuch is that of Robot Scott of Rankilburn in 141 5 — on a bend, a star followed by two crescents," a sequence of the charges which was changed by Francis the second Earl between 1635 and 1646 to two crescents with a star between them," as exhilnted in the woodcut on page 303. A permanent association of certain charges with particular blood would enhance the genealogical value of heraldry, but it has never existed. The abandonment, on the contrary, of paternal arms for those of some other family or for official or territorial arms has been a thing of fiequent occurrence from a very early date in the era in which men of pontion had to be known by the arms which they wore. For the man who succeeded to the position of a feudal lord, whether by inheritonce from his father or his mother, or in right of his wife, or a direct grant from the King on the failure or forfeiture of the previous Iwd, had a strong reason for assuming the arms which his vassals were already accustomed to follow, arms which very probably they themselves already bore with differences, and looked upon as an index as well as a symbol of their allegiance. Armorial bearings themselves, indeed, are sometimes a more certain indication of consanguinity than surnames.* At other times, in other circumstances, they do not infer so much ; but still indicate an alliance of > ThU view it adopted by the poet, who describes how the aged Scott of Hai^ * With many a mosi-trooper came on, And azure, in a golden field, The Stan and crescent graced hit shield. Without the bend of Mnrdietton.' — Lay 0/ ikt Lait Minitrel, canto iv. stanza 9. . •Macdonald, 2385. 'Macdonald, 2404, 2405. *The consanguinity of (he Murraysand Douglases, surmised in consequence of the similarity of their arms, referred to in Wyntoun's Crcnyii/, has been already noticed, page aSS. The curious case of Seton and Edmonitone is mentioned below, page 306. DIFFERENT ARMS 305 some sort, which may be of blood, or, it may be, feudal. Both of thcK indications by arms we have already touched upon. But the common charactenttK may denote at times even a merely political alli...ce, as in the case of the famous factions of . byegone day in Italy, when, among other heraldic distinctions from each other, a chief argent bearing an easie dispUycd gules, crowned or. was a mark of a Ghibellin, while a chief azure charged with three golden fleurs^e-lis between the four points of a red label throughout indicated a Gudph. The fess chequy argent and azure on the red shield of Lindsay, and argent and gules on the blue shield of Boyd, seem to be found fim Ro«,EarlofRoa. Ro«, Lord Rom. within the sphere of influence of the Stewarts. The Boyds, indeed have been supposed to be cadets of Stewart. * On the other h«.d. the totaUy diffbent bearings of the family of Ross of Balnagowan and of the Lord. Ross i, . warning against any hasty Identification of these two houses. Those of the former ut uin sJu rampant, and the latter a chequered cAamn ietwetn thru mftr^xMr,' • The title of Lorf RoM-which «,« not be am&anded with the old E.rUm of the wme name-becam. e«.«, in tfc. p«r«, of Willi-.. ,4,h B«o„. la the year .754^he „pZd e^rdr-i:;:::^^'^^ of the Loidi Rm. ^ ii ..7^^ \ ntrtury, p. 323.) The chequered chevront i^-T ^^^l'"" '"'''"'■°»« °f vassalage to the house of Stewart, (h'bbef. 1746-54. n«mmd in fifww of Ro* of B.ln.r«n». 3o6 HERALDRY IN SCOTLAND quartered with the coat of Melville ; and the genealogies of the two houses ascertain them to be entirely distinct. In like manner, in the escutcheons of the Blairs of that ilk and the Blairs of Balthayock, while the tinctures are, no doubt, similar, the charges are entirely different — the one family bearing nine mascles on a sa//ire, and the other a c/tevrott betweeH ihne torttaux. These two families long contended for the chiefbinship,* and the controversy is s»d to have been adjusted by King James VI. ordering that the elder male representative, for the time being, should precede the younger.* In the shields of the Lindsays the tincture of the field differs from that of Stewart, and in the case of the Boyds, the tinctures of the field as well as of the fess chequy are different, thus constituting marked differences; but it occasionally happens that two families, bearing different surnames, carry coats-armorial which are precisely similar, as in the anomalous case of the Setons and the Edmonstones of Duntreath, whose common descent has been conjectured from the identity of their arms, both originally or, three crescents gules ; both now, or, three crescents, within a double tressure, flowered and counterflowered, gules. In blazoning the bearings of the different families of Edmonstone, in the first volume of his SyiUm of Heraldry^ Nisbet does not, in any instance, surround the three cresceuts with the Royal tressure, and, in the case of Duntreath, he places an annulet in the centre of the shield. This circumstance is referred to by • Nisbet, Kita-j, 103. * Mackenzie, Precedency, Q. 9, p. 68. A keen dispute of a similar kind, between the Bumets of Barns, in Peeblesshire, and the family of Leys in the north, is said to have been decided, about the middle of hut century, in favour of the former, by Sir Robert Douglas (author of the Pttragt and Bamugt ofScetUiii), to whom the charters of the two families were submitted for examination. While the Bams coat-armorial is blazoned argent, three holly leaves, vert, and a chief, azure, the Baronets uf Leys carry three similar leaves in chief, and a hunting-horn, in base, sable, garnished gules ; the horn, and also the supporters (a highlander and a greyhound), having reference, according to Sir George Mackenzie, to the fact of tk* Cimily being the 'King's Foresten' in the north. Both fiimilies, however, use the same crest and motto, viz. a hand with a knife, pruning a vine-tree, proper, surmotinted by the words, ' Vireicit vulnc-, virtus^ See above, page 62. About the year 183) Kennedy of Bennane and Kennedy of Dunure referred the question of their relative precedence to Thomas Thomson, advocate, who decided in favour of tile former (communicated to Mr. George Setou in 1866 by the late Lord Ardmillan). CASES OF SIMILAR ARMS 307 the writer of the account of the Duntreath family in the Appendix to the Kcond volume of Nisbet (p. 158), where mention is made of the seal of Sir WiUiam Edmonstone of Culloden and Duntreath (who died in 1473), as exhibiting the tressure, to indicate his Royal descent, through his mother and grandmother, who were both ' daughters of the Crown.' Sir William was, in fact, a son of the fourth marriage of the Princess Mary, daughter of Robert III. In addition to the tressure. Sir William's seal exhibits the annulet in the fess poin^ which is included in the arms of the family of Nisbet, although it had ceased to be borne in the Duntreath escutcheon before the time of Sir David Lindsay.' The Edmonstones began thus to wear the tressure in or before 1470 ; it appears in the arms of Seton as early as 1384 for certain.* The use, by two different families, both of impor- tance, in the same kingdom, and that not a large one, of a paternal coat- armorial in which both the tinctures and the charges are identical, is remarkable, and can only be explained on the assumption that the tressured arms of the chiefs of Seton were invariably borne quarterly with other fiunous arms before the tressure was added to the arms of Edmonstone, and in that way effectively differenced. It would be interesting to know the dates and other circumstances which marked first the assumption of the annulet by Duntreath and secondly its later omisnon. The well- known arms of the English Veres, Earls of Oxford, were quarteriy, gules and or, with a silver mullet in the first quarter. The author of the Introduction to the sixth edition of Guillim's HeraUrjy after noticing the legendary origin of the star, as detailed by more imaginative writers, says that « it was only a distinction in the arms of that family from the arms of the Lord Say's family (a flourishing house at djat time in the same ^ ^ Oxford, service), which, excepting the star, did bear quarteriy, gulet and or,» the same with Vere, who was obliged to difference fi-om the Lord Say ; for two different families in one nation could not bear one coat without some addition.' ' A.D. 1470. See L»ing'» CaUhgiu, No. 305 ; Macdonald, 839. » Macdonald, t^iy. •The betrings of Lofd Say appear to have been generally if not alway» quarterly, or *»d pbi, not gnle* and or; in oUmt words, the coa*eiM of thoM of the Verw. 3o8 HERALDRY IN SCOTLAND Of other modes of distinguishing cadets, we may mention the adoptioH tf difftrent ertjts, without any alteration being made on the charges in the escutcheon. Speaking of the Germans, among whom this practice largely prevails, Christyn says, — * interdum arma solo cimerio discrepant ' ; he also illustrates his statement by a notice of the various families descended from the House of Burgundy. Siebmacher's fVappenbuth (a.d. 1605) has no less than thirty-one branches of the family of Zorn (Alsace) bearing the same arms, and differenced only by their crests.' This mode of differencing is not recognized in the heraldry of Scotland. Doubtless, its heraldic practice has allowed a considerable amount of freedom in the changing of the crest, an vk^tct which Nisbet considers to be * but an ornament of coats of arms, and so more of the nature of a device than a fixed piece of hereditary armorial bearings.*' But for that very reason a change in the shield, the most permanent part of the arms of the head of the fsunily, forms a much more satisfactory mode of distinguishing a cadet than a change the crest. Every cadet who is not excluded from the destination of his ancestor's arms by its terms or by his own personal disability to claim, is entitled to have these arms matriculated in his favour by the Heraldic Authority with a con- gruent difference. Hw selection and asugning of the particular difFerence, once as free to the cadet himself as the original assumption of the arms had been to his ancestor, is now the prerogative of the Heraldic Authority ; but any desires on the subject expressed by the cadet himself are in practice given every posnble connderation. The selection of the nttrk is not, how- ever, on that account deprived of all its difficulty or delicacy. The respecting of armorial interests already created increases in difficulty as the rights already constituted increase i> number, and though such rights may not be so frequently or instantly vindicated they are as clear as ever. In the year 1 346, Nicholas Lord Burnell and Sir Robert de Morley appeared in the same arms at the siege of Calais, which led to a suit in the Court of Chivalry, held upon the spot.' About forty years later, during the reign of Richard II., a famous heraldic controversy took place, before the High Constable and Earl •Woodward, Heraldry, ii. 229. ^SyiUm o/HeraUry, vol. ii. part iv. p. 19. ' See j/nitnitped/ JiitnuU, ii. 350, 396. CASES OF SIMILAR ARMS 309 Marshal of England, between Richwd, Lord Scropc of Bolton, and Sir Robert Grotvenor, a knight of the county of Chester ; the question at issue being the r^ht to bear, as a coat-armorial, •axure, a bend or.' The Constable pronounced sentence in ^vour of Scrope, but inasmuch as his opponent had adduced good pre- sumpttve evidence in support of his claim, he was :^^v^HHh allowed to carry the same coat « within a bordure, wi^ i l^l^Bf argent.' Not being satisfied with this judgment, Grosvenor appealed to the King, who decided that ^^M^:/ the arms in question belonged exclusively to Scrope, ^^B^Br and annulled the ordinance of the ConMaUe with respect to Grosvenor, considering that «a bordure Scrope of Bolton is not a sufficient diffisrence between two strangers in the same kingdom, but only between cousin and cousin related by blood.' > In the next reign, about the year 1408, was decided the case of Grey de Ruthyn against Hastings, in which Hastings was compelled, among other things, to desist from bearing the arms of his house without a difference;' and the modern Scottish cases, Dundas v. Dundas, 1762 (above, p. 70), and Cuninghame v. Cunyngham, 1849, to be noticed in a future chapter, demonstrate that the presence or absence of a valkl difference will be looked into by the Courts. In the last-named case the Court of Session entertained the question whether the object placed on the defender's •hield, namely, a badge of a baronet, was a heraldic difference, and held that it was not. ' In these lattei times,' says Sir WiUiam Dugdale, Garter King-of-Arms in his day, 'those marks and badges in shields, surcotes, etc., have been for divers ages past, as to any such military purpose, totally layed aside ; and since meerly retained at honourary Ensigns by the NMHty and Geniry ; ' The original record of this celebrated contest, with the rival pleadings and depositions, is still preserved in the Tower of London. In the year 1831. a literal copy, accompanied by Illustrative documents, was published by Sir Harris Nicolas. The evidence is possessed of peculiar interest from the circumstance of its embracing the depositions of illustrious men of the age, including John of Gaunt, Sir Walter Blunt, Owen Glendower, and the poet Chaucer. ^Sec below, p. 338. 3IO HERALDRY IN SCOTLAND especially to diffierence themselves and thar families from the vulgar, and f :.e fronr. a;r ther ; as also to distinguish the collaterals from those of the prindpJ s'.ock. For if they do not so what do they signifie ; or of what use are ihsy ?'» • Tit AMiini Vugt i» Bfrmg rfAmi, second edition, 1682, p. 2. CHAPTER XI. THE RIGHT TO BEAR SUPPORTERS. Probably one of the most delicate points in Scottish heraldry is the question of the right to bear supporters. The theory of the law that all armoritl ri^tt flow from the King applies to the matter of supporters equally with the rest. It is also undmtood that Lyon's general commis- sion to grant supporters is not now so wide as his commission to grant arms, crests, and mottoes; and that to demand supporters is now the exclusive right of the members of certain exalted ranks, and of persons who have received special grants or warrants for grants tsS such honours from the King. It is not necessary on that account to nuuntain with some writers that supporters were originally the invention of princes, and that the right to them was from the beginning a matter of Royal favour. Such an assumption would lend to sufqxxrters in earlier ages and to their bearers also in many cases an importance quite out of accordance with the facts orters or not, the use of them was in the main indulged in onty on occasions of great heraldic display, hence, generally only by persons of importance. The theory, therefore, that the right extended to such persons alone was easily accepted, if indeed it may not be said in a way to have come as a natural consequence. The process by which the present state of the law regarding supporters was arrived at was a process of restriction. Its steps in England, at least, can be roughly traced ; and as it is clear that after the union of the crowns the existence of the English law in England had an influence on the practice > Jrmtry, ed. 1576, fol. 41. * WingCdd MSS., College of Aniit,/M- DalUway. *See pUte vt. and pages 85, 1 2 1 . He even stops short of the crest and motto. * 'Supporten are not hereditary-, but they may be altered at pleaiure . . . but il cadet* keep their chiefs supporters they use to adject some diftrence' {Scintt, chapi xxzi. p. 94). OLD LAW OF SUPPORTERS 3,3 in Scothnd, the proeeM of the devdopment of the law in Enghuid is of importance to the student of the henHdry of the other kingdom. To continue, therefore, GuiUim, in the first half of the wventeenth century, .peaking of the law as it existed in England in his day, opines that the genend word, of Leigh are to be restrained; and that supporters ' either by Uw or custom are properly due ' to knights^eret and persons who rank above them, in fact to the noMes majores. In GuUhm, then, we meet the modern theory that supporters are a mark of a member of an honoured class. He is very for, however, from admitting supporters to the first nu,k of heraUic importance, or even from saying that the right IS heraldic in any strict sense. While the bearings of the shieU are the essentwls, supporters are 'merely accidental.* They are 'only additions to achievements added not many hundred years ago to the coats of gentry.' They are not even included in his • bkzon ' : that stops with the shield ; external ornaments are meiely « described * afterwards.* The statements of Wingficld. York Herald in the second half of the same century, exhibits the law stiU in a state of transition. • The modern use of supporters,' he says, • is now chiefly in the greater nobUity, and Knights of the Garter, or persons that are of the Privy Coundl. or had some command whereby they had the title of Lord prefixed io their style, as Lord Deputv of Ireland, Lord Warden of the Cinque Ports. ... I suppose, since custom and practice hath reduced the use of bearing supporters to the major nobility, no inferior degree may now assume them, nor may Garter assign them to the lesser nobility.'* In the year 1672 a step was taken in England by the Earl Marshal which resulted in a further development in the law. He procured a judg- ment of the Privy CouncU that grants of supporters were not within the powers of Garter, but required, even in the case of the noHks m^ans, the mtervention of the Earl Marshal himself The result of this restriction on the powers of the heralds appears to have been that the doctrine has arsen among them that supporters might not be granted to persons hiou, the rank of peerseven by the Eari Marshal save with the .pedal permission of the King. ' Guiliim, Mt sup. cap. 6. ' W ingfield MS. *.d. ,665 ; Col. of Arn«,^r Daliaway, HtrMc l^pdrU,, pp. 96.7. 314 HERALDRY IN SCOTLAND There it nothing in the history of Scottish henldiy to tuggctt thtt die uae of supporters was restricted in Scotland by any defined rule before the dates of the Acts of 1592, 1662, and 1672 ; and these Acts, when they came to be passed, did not mention supporters, at least expressly. In or about the year of the decinon of the English Privjr Council just mentioned, the y«ir also of the Scots Act, 1673, cap. 11, regarding heraldic matters, King Charles addressed an express letter to Lyon which contained the first effort at restriction. It ordained — according, at least, to Lyon's version of it — that none should use supporters • who were under the dignity of t Lord.' Our sde information of this letter is derived from Lord Foontainhall's report of an action against Lyon brought in the Court of Session in 1673 by certain of the lesser or minor barons, i.e. possessors of lands which they held by a barony title. These barons, better known as lairds, although not themselves Lords of Parliament, were the descendants and represenUttvet of ancestors who had been as much Lords of Parliament as any others until the Act of Parliament of 1587, cap. 120, absolved them from personal attendance, and allowed them instead to send commissioners there to re]»«sent them. The barons who raised the action were Dundas of Dundas, Maitland of Halton, Murray of Polmaise, etc. Their complaint was that Lyon had refused to acknowledge their right to supporters. Lyon pleaded the letter. The barons did not deny its existence or Lyon's account of it, but argued that tht Act of 1587 was an Act purely of relief, and not deprivation, and that they were before and after it as good heraldically as Lords of Parliament, and that past all memory they had been in possession of supporters without dispute. The report does not record if a decision was given in the case ; but the barons gained their object in part at least, for Fountainhall notes on the margin that Lyon grants * supporters now to some who were in possession of them of old.' ' Sir George Macicenzie does not mention the case by name, but he probably had it in his mind when, in 1680, he wrote: *l crave liberty to assert,' he says, *that all our Chieft <^ families r.nu Kounuinhall, tee abore, p. $8. OLD LAW OF SUPPORTERS 315 nobility i yet tlMM diMA h«T« pRieribcd • r%ht to ute supporter., and ehat such a right may be prescribed, I have proved feanaiy ; ud wMt warrant is for most of our rules in Heraldry, but in aged custom ? ud th« they have constantly used supporters past all memory of man. even when th^ were knight^ !• dnr from many hundred instances. Thu. the [Halyburtons] Lairds of Pitcur u^i, «id io uie two wild cats fcr t eir supporters; Fotheringham of Powry, two naked men; Irvine of Drum, two savages wreathed about head and loins with holly, and bearing batons in their hands ; Moncrieff of that Uk, two men armed at aU points bearing pikes on their shoulders: And many of our noblemen have only retained the supporters which they formerly had ; and that, of oM, Barons might use supporters dejure, seems most certain, for they were Members of Parliament with us, as such, and never lost that privilege, though, for their convcniency, they were allowed to be represented by two of their number [in each shire], and therefore such as were Barons before that time [i.*. 1587] may have supporters as well as Lord liarons ; nor should we be governed in this by the custom of England, seeing there is jMar ratio, and this is now allowed by the Lyon to such.' » Besides the four femilies specified by Sir George Kfackenzie. Nisbet* mentions the following as bearing supporters, in the capacity of representa- tives of ancient Barons, or chiefs of femilies, their use of these appendages bang 'instructed* by seals, old books of Waxons. and sculptures on ediSes and tombs : The Homes of Wedderbum, the Kirkpatricks of Closeburn the Murrays of Touchadam and Polmaise, the Maxwells of Polloc the Dunbars of Westfield, the Farquharsons of Invcrcauld, the Edga» of Wedderly. [the Nisbets of Dean,«] the Haigs of Bemcrside, the Barclays « SHinc, ./H^raUry. chap. xxxi. p. 94. J Sy.u^ ofHerMr,, vol. ii. part iv. p. 3,. • In the print of the Mcond wlnme of Ni.bet'. S,/«<», which appeared in i;*, after the author-, dead.. Niabet U made to include .he family of Ni.bet of il tli, li'st „d to justify their d Kontinuance of the chevron a, a n,ark of cadency on Zln^J^S^^^^^ &m 1, of the name of Nubet ; .ince the only lineal nule ,n«««ter (iTurhor of thi. 5,S vo r?.', '"°''';«'*«*^!!^»««»W~"."«>witho«ti«.emaleor female.' Ed. . 7" L^?* n ^ ^^J"^ '^^^ P'""8e wa, .ufficiently like Ni.bet in .St ..d w« naturally accepted on dl ha«l, a. hi. without ,ue..io„ («e. Je«mple. tL fell 3i6 HERALDRY IN SCOTLAND of Towte, the DougfaMM of RcdiMute, the Montpanerin of La»*h«w. the Wood* of Cra^ie, the Grahan Nether- ss. the Bruc-s of irth and the prin j>al houses of Dundas, i 'lerton, imcs, Pollock, Dali.iahoy, and Skene : the list might iie very br. ,■ augmented. The tsuM aiMher abo point* to the ^Kt of at^eral nabk famiiiea- .nchidinf the Earh of Home, and the Lord* Cranstoim an Som- rvillc— hav Krvl he sup- porten whkh they at present bear long before they ?efc raised to the peerage. Tlrtre is no doubt that in 1^72 or 1 hj^ Ksng Charlc- II. iesigiied to restrict the right nf supporters, it clear that, as wt hav seen h' instru< -on* 10 Lyo >. were not 'lowed .iltcr Kts -.il '-.u v pos». by in-.-.iil jils amonjj the icsser ban ns, i it i, clear ' » tr . .cy were ever carried into effiect m restricting the ereatio of igitt* t rather appears that they were soon forgcrtti , and ti t t' ler *s acqu jsced in at an early date. 'It is Sell '1 low, 1680, 'that none under Knigh' Bar'-'u s a have ;>urt«.; Nisbet was clearly of the of nioii th..; t- rons "ads of families were entitled to supporters. Th ' many ns. e gentfc no had had supporters added 'o their arms he I u hib own day Had oh^'inei; their ng*"s he hy 'co.icessH ' whii.n scci to intt _;racf ion ot the pre f U rk, pag-.' iq lote tu Mr And now Ross Herald, discovered on a" •,7'"inat- r Nt»bei o' in Lyon Office Library, 3«at IxHh e ir liuioi i Nisbet • which have produ< »d so m«iy eiipr'--«ior ofpttyand con-pletely nd iuirel> -i'ene Ni^ i i-ssgc corre> in the pr' • to be id m . -.Ixt in ui-cr"" •ordid fraud pttoni the , publication. is t . he foun- and Kranci where he j sculptnred ^> D«i|hbourhoiK' vf the tcmc ^ScUnct, c. ■■ ite. ■ct ig R ' •A '-■r rri liter an respe ur'- -at' this ai- fani ■ther )■ ''atti,' '■...rgh). :jetween 1672 and tn ludes, namely, than right, 'or pre- Ross, Marchmont Herald — ""..inuscn ■, which reposes .111 ' 'he justification of it, r th< 1 appoMd anther, at* ■-■I thai which contains them notation was apparently a ISC of imposing upon his liciii- .ind interesting them in his ries wnich appear m that volume Andrew Rom, MaKhmont Herald, 891, Introdnction, pp. ixix-xlv. ot arms v of Edinbur. alls of the c< xxxi. p. 94. 1 prim ind manuscript. Several of -K; f-r beiiiDi old mansion-house of Dean, in ilict ^ .. nol u 1 845), are now built into one tlK^ occMiuc - None of them hai mppoftcn. PRESENT LAW OF SUPPORTERS 3,7 •cfipdon." We majr thertfbre condadt rim in Nitbet'i time no definite rt- stricti on the law of the tin of Mackenzie had been mrmi at. 'n ' 795' Thomas Brydson in his Summary Vkw,* oHed by Lmrndaa • The Philowphy of Heraldry.' uys: • By a sfKu^l grant, or by prescnption. manjr particular Anuliea are entitled to bear support.. ^, betides peers ; and tome of the higher orders of chivalry, to wiwte dignity tKey are a cm- comiunt. They do not, with the coat of arms, and ns ordinarv exterior ornaments, detcend to the cadets, or younger branches of the family.' After detcrilMng the powert and iimiutions of the heralds of England regarding grants of aupportert, and ataHng that the baroneti of Engknd are not entitled to obtain t' m save by VLopA Warrant he pracaeda: 'The Lord Lyon, by his ow authority, ^rrants supporters to such as by the cu^ - I,, of the realm arc entitled to obtain them. Particularly to baronett of tland, and to the chief bratichet of ancient and diatinguithed families.' The law as it was uhder- .od in 1821 is to be found in the parole evidence, and a written Note, both given in by Mr. George Tait, then Interim Lyon Depute, to the Ccwnmission of the House of Commons of that year which enquired into the working of the Lyon Court.' His o| lion was that Lyon had power to aangn aupportert to Peers, Lesser Bar< .,s, Chiefs of Clans, persons who had right of ancient usage, and •h n whose favour special grants or royal warrants for grants had been -i ; and his classification it is convenient to follow in the main in the ft of the law as it is understood at present, relegating the difficult 'f the rights of the baronets, which are denied by him, to a later St THE PRESENT LAW OF SUPPORTERS. The right to demand and bear supporters resides, according to the rules of Scott^n heraldry, as they are understood now, in the following classes and persons : I. Peers of the realm.* This class indudes, of course, ladiea who are ^SjiUm ej Hereldry, ii. part iv. 33. FeUiJ Syjum, Edinbiii|h ami London, 1795, pp. 1 36, 1 39. ' See Appendix vii. 4 f„ life Pe 3i8 HERALDRY IN SCOTLAND peeresses in their own ri^t. Occasions of surS gnnts srise when, for example, a peerage is conferred on a commoner who is under the juriv diction of the Scottish heraldic authority, and who has not an already existing right of supporters, or who may demand a grant of new supporters on his elevation. Thus Lord Dunedin of Stenton, created « Baron of the United Kingdom in 1905, matriculated his arms in January, 1907, as a cadet of Murray of Murrayshall, namely. Quarterly first and fourth, or three piles sable within a double tressure flory counter-flory gules, on a chief of the second a crescent between two escallops of the first for Graham ; second and third, azure a cross pat6e between three mullets argent, within a tressure as before, or, for Murray : in the centre of the quarters a crescent gules ' for difference ; and in December of the same year obtained from Lyon in addition a grant of supporicrs, namely — ^Two doves proper. There is also the case of a peer who, for any reason, demres to alter his supporters. Thus, in 1900, the Earl of Aberdeen, whose supporters have already been noticed,' registered ' dexter an Earl, sinister a Doctor of Laws, both in their robes, proper.' A case might arise of a person inheriting a iieerage as collateral hdr male while the supporters which had been used by his predecessor went to the heir female. If no supporters had been granted to go with the peerage he would have a right to have supporters assigned to him as a peer. A grant made to a peer as such descends with the peerage, and dies with it. From the right of peers flow several Although these titles ' be only temporary, and do not descend to their posterity, yet I am of opinion,' he says, that 'they may use supporters by the same right that Knights-bannerets did, whose dignity wus abo temporary, and that with their marks of cadency upon them, if agreeable, and if not, with other additional figures : for the same reason that they now of late place the coronets of the respective dignities of their fathers on their helmets to show the eminency of their birth.'* This cannot be taken as Nisbet's statement of the law. It was law in England, perhaps, in ^he time of Wingfield ; but among Nisbet's numerous plates of achievements, while we find the shield of the Master of Cathcart supported by two parrots, each charged like the escutcheon, with a label, as a mark of diftrence,* no supporten appear in any of his engravings of the arms of younger sons of noblemen, which include the bearings of Lords Alexander and William Hay, and Lord Charles Ker.< In 1807 a question arose which exemplifies the difference between the Scottish and English law of arms. Lord Montgomerie, son of Hugh, twelfth Earl of Eglinton, married Mary, elder daughter and co-heiress of the eleventh Earl and heir of line of first Earl of that tide. Lady Montgomerie was also her fether's heiress in considerable estates in land. Lord Montgomerie desired to bear the supporters of the Earls of Eglinton either as heiiHinwent of the earldom or in right of his wife, the heir of line. It is clear that if the supporters used by the eleventh Earl, the lady's ftther, were not entailed on hein male or on the earldom tfjey descended to her by the common hw of arms. If, on the other hand, they were entailed in either of the ways above suggested. Lord Montgomerie might Niibet's argument from the privilege of the Bannereti is doubtfully good Th« Mumption of coroncu which he notice, wu > qaeitionable practice which we think i« m hmger in eziitence. •/W.i.pUte 14. •/itf.l.pUttin, ,j, 320 HERALDRY IN SCOTLAND by courtesy bear them with the diflfercnce denoting an ddert son. The 6nt question was, then, whether the supporters of the earl who was the lady's fiither were entaUed away from her. These appear to have been two wyverns. There is no patent nor anything of the date at which the fiimily supporters began to be used which indicates that originally they had any special destination of heirs attached to them. The Lordship of Mont- gomerie dates from 1445. and the earldom from 1506-7. Supporters first appear in a seal attributed to the third Earl, who succeeded in I546.> These are wyverns, and they reappear on the seal of Hugh the fifth and last Earl of the house of Montgonerie." The next Earl, Sir Alexander Seton, through his mother, a first cousin of his predecessor, also bore two wyverns.' Nisbet attributes them to the Seton «de of the house, a wyvern spouting fire being the crest of the house of Winton. It might be supposed that the Earl had, if possible, substituted Winton for Montgomeric wyverns, but Nisbet shows that he was unaware of the fact that the Montgomcries had themselves borne wyverns. He states, on the contrary, that their supporters had previously been 'two women or angels in Dalmatic habits.'- Sir Alexander, the sixth Earl, and his successors held the Eglinton territories under an entail, created in 161 1 by Hugh, the fifth Earl, which nrovidcd that the heirs of entail on succeeding should assume and bear the name and arms of Montgomerie.» The suppwters b«wne by Eari Alexander were thus presumably the Montgomerie supporters, borne by him in obedience to the entail. He and his heirs male were paternally Setons, and the Montgomerie wyverns were theirs only so far as to follow the male line— that of the entail. In this view the supporters of the Earls did not descend to Lady Mont- gomerie, but went with the earldom. This took them, however, to Lord Montgomcrie's father, and, according to the Scots law. Lord Montgomerie, and therefore Lady Montgomerie also, as his wife, were entitled to use them with a label for the diflference of an ddest ion. " Macdonald, Sfa/i, 1 997- * '998- » liiJ. jooo. * Nisbet, Hera/Jry, i, 376. 5 Great Sea/ RfgiiUr, »8th Novel 1, xlvii. 8 (No. 592). PRESENT LAW OF SUPPORTERS 3*, We are fortunate in having an authoritative statement of the operation of the heraldic law of Enghnd in a case of this kind ; for, whUe we are not aware whether Lord Montgomery's father, the Earl, took a Scottish opinion on the case, we have the terms of an opinion which he obtained from the Garter King of the day, Sir Isaac Heard. •Cotiici OP Anus. London, 15'* yf?ri/, 1807. My Lord,— I had yesterday the honour of receiving your Lordship's letter of the ilth inst., in which you desire my opinion whether Lord Montgomerie may properly bear the wipportere of the Earls of Eglinton, either as heir-apparent to the earldom^ or m nght of L*Jy Montgomerie, his wife, the eldest daughter and co-heir of Archibald, ate Earl of Eglinton ; and your Lordship advert, to the circumstance, that the said Ute J^arl s father had acquired, by purchase, a considerable real estate, which having been entailed upon bis heifs-fcmale, devolved, upon the death of the late Earl, to the present Lady \.ontgomene. I have the honour to observe, in reply, that «:cording to the law and usage ,„ England in that respect, Lady Montgomerie cannot properly bear the supporters her late noble &ther, the «m.e being annexed to the earldom ; nor could I, as Girter King of Arms exemplify those supporters to Lord Montgomerie during your Lordship's life. In all patents of supporters, the grant is to the penon bearing the title, and to those to whom the honour shall descemi, according to the lettere-patent of creation. Supporters are, therefore, a personal distinctkMu uid I should presume that the same rule must obtain in Scotland. ' The circumstance of the inheritance of real estates by Lady Montgomerie, to which your Lordship alludes, does not constitute any exception to the ab^general rule. I should mention, however, that in cases of dignities in fee, descendible to heirs- general, the Udy on whom such a dig«ty devolves may bear the sopporten »mexed to tne same. « Your Lordship having included the arms in your question, I beg to add, that the fiimily ^ms of the late Earl of Eglinton should be borne on an escutcheon of M«e«ce m the armonal achievement of Lord and Lady Montgomerie. « I shall always have a pleasure in rendering the best Mention in my power to an, of your Lordship's demands. I have the honour to be, etc. etc. ^ 'The Eari of Eglinton, etc. rtc.' 'Isaac Heard, Garl/r* fj ^'T'"^ '-^ M^^^nie. (privately print«l). vol. i. p. 377. Garter', argument ft«. the tenu of p««.a of .upporten had even in England only a limited applicatioB. were ««of B««i'«h peen who u.ed supporter, which had been their, before they mie whi I k TTr'" Uw on the point and th. E«,liA Uw which he Uid down was unwarranted, as we have already seen. HERALDRY IN SCOTLAND Lord Eglinton appears eventually to have given way to the urgent prayers of his son ; the full Eglinton arms were even allowed to be used by Lord Montgomerie's widow after his death, which occurred before that of his father. On Lady Montgomerie's second marriage, however, Lord Eglinton considered it to be his duty again to interfere in the matter, and in the year 1 8 1 5, we find him in communication with his London solicitor, firmly, but most delicately, insisting on her discontinuance of the use of his complete achievement. If our view, which we have already expressed, is correct, her only heraldic right after her second marriage was to use her father the deventh Earl's toat, marshalled with the arms of her then husband — Sir Charles Lamb. 2. The representatives of the lesser barons who before tht Act of 1587 were liable to be called upon to sit in Parliament.' Mr. Tait in his Note already mentioned defines them as < Lawful heirs-male of the bodies of the smaller barons who had the full right of free barony (not mm freeholders) prior to 1587.... Persons,' he adds, 'having right on this ground will almost always have established it by ancient usage, and the want of usage is a strong presumption against the right.' The question whether the right is in the heirs-male or not has not been tried ; but it would be difficult to suppose that the right of supporters would go to the male line if the representation of the baron in 1587 was to heirs-general, and more difficult to imagine it confined to heirs-male of the body if all the other rights were capable of going to a collateral. In 1838 the arms of Sir Thomas Burnet of Leys was enrolled on the Register with supporters— a Highlander and a greyhound (staghound) — in consequence of his being ' the male representative of one of the minor Barons of Scotland prior to the year 1587.'- Sir John Forbes of Craigievar had a similar grant in 1843.' 3. Chiefs of Clans. Mr. Tait's classification of the chiefs and their representatives who are entitled to supporters is more restricted than Mackenzie's. He admits only 'chiefs of tribes or dans which [a] had attained power and [^] extensive territories, and [c] numerous members at a distant period, or at least of tribes consisting of numerous families of some ■ Mackenzie, HertUrj, chap. < Lyon Reg. iv. 33. ' Lyon Reg. it. 63 PRESENT LAW OF SUPPORTERS 323 degree of rank and consideration.' He thought that any new claim on the ground of chiefship 'may be viewed with suspicion'; and that from the present state of aodety in which the trices of clanship or the patritiduU state are, in most parts of the country, almost obliterated, it WM very difficult to conceive of a case in which a new claim of the kind could be admitted.* The meaning in which Mackenzie used the term 'chiefs' is seen by his classing chiefii with heads of «imUies. Such a class could not have been composed only of those who had tribes or 'numenws fiuiiUes' under them. Mr. Tait had had some such claims, and had rejected them ; which is not surprising in view of his interpretotion of the qualifications for admission. If a numerous « foUowing ' is an essential requisite, we fear that several escutcheons on the Register are accompanied by supporters on a very questionable title, but it rather appears that the view of the Lyon Court has been that of Sir George Mackenzie rather than the later view of Mr. Tait Thu^ Mr. Ramsay L'Amy of Dunkenny received supporters in 1813, as • Chief of the surname of L'Amy* ; and in the year 18 19, Mr. Alexander Maconcchie, then Lord Advocate, was granted two Highlanders attiml proper? In the view taken by Scottish practice, it is possible to be entitled to supporters as head of a femily which is not a Celtic clan, and has been feudal rather than patriarchal in its day of power ; and it if not necessary to be styled by any Celtic title real or supposed. ^ In 1909, a petition was presented to the Lyon for a matriculation of arms, and a grant of supporters, aU as for the Chief of Clan Macrae. The petition was refused on the ground that the petitioner had not made out his case, thus leaving it open to the petitioner to apply again should he come to be possessed of more evidence. The petitioner did not appeal.* 4. Persons entitled by ancient usage, prior to the Act of 1672, it being presumed that they received them from lawful authority. In the action brought by the Procurator-Facal of the Lyon Court in that Court, under the statute of 167a, against WiDiara Murray of Touch- » Appendix vi. Proper here presumably prescribes the tarun of the Clan Maconoeliw. 'The prefi> 'The' in 'The Macnab,' 'The Bruce," 'The l>ou.l«,' 'TIm Gntmt.'uid so on, is not Celtic. mm 'Appaidis viii. HERALDRY IN SCOTLAND adam, who used arms which were not registered, the Court of Setnon, on iqtpeal, found that supporters had been borne puUidy and continuously by the defender and his ancestors since 1660, and that 'such long possession infers an antecedent right, or excludes all challenge on account of defect of such antecedent right.' ' Non-compliance with the Act of 1672, therefore, don not deprive any person of armorial ensigns which he had previously, nor entitle Lyon to grant them to anyone else.* The legal inference from ancient possession is the same in England, ' that those families who anciently used such supporters, either on their seals, banners, mr monuments, and carved them in stone or wood, or dejwcted them on the l^aas windows of their mansions, and in the churches, chapels, and religious houses, of their foundation, endowment, or patronage, as perspicuous evidences and memorials of their having a possessory right to such supporters, are fully and adssolutdy well entitled to bear them ; and that no one of the descendants of such families ever ought to alienate such supporters, or bear his arms without them, because such possessory right is by far more honourable than any modern grant of supporters that can be obtained from an Oflke of Arms.' * 5. Persons in possession of a Royal grant of supporters or a Royal warrant empowering Lyon to make a grant. In any case, the grant falls to be entered on the Register of All Arms. The rights of supporters hitherto considered are hereditary. But there are cases in which there are rights which are personal and not hereditary, such as those demandable by •Procurator-Fiscal of the Lyon Court f. Murray of Touchadam, 14th June, 1778. Mor. DUluMTj, 7656, Brown's Supf. v. 490. The defender's ancient right did not, however, in the mind of the Court, render it the less requisite for him to matriculate his arms under the Act of 167a, on being summoned under the Act to do so. In this case the Court appointed the defender to lodge for its information the ancient leaU and imprcMions of seals used by his family ; and held that the colours of both the shield and its chaises used at the present day would be assumed, in absence of evidence to the contrary, to be their ccdonn anciently alao. See also Wingfield, York Henld, ptr Dalbway, 96, 97 ; Edmondion, 195 ; Macktnsit, HtrtMrj, chap. ixxi. 'See also Dundai r. Dundas, 1762, Brown** Saff. v. 493, in which Und«y'( M& (a.d. 154a) was recognised as a part of the Register of Arm*. * Edmondion, Cm^ttU BUy >/ HtrtJJry, i. 19s. BARONETf!' RIGHT TO SUPPORTERS 325 6. Life Peer.. Thrir wives tnd widows arc, however, entitled to their husband's supporters, as ofher peeresses are. 7. Knights of Orders the -.t.w.tcs of which entitle them to demand supporters. The Knights Grand Cross of the Orders of the Bath and of SS. Michad and George, and the Victorian Order, and the Knights Grand Commander of the Star of India and Indian Empire, are entitled by the statutes r*- - Orders to have supporters assigned to them. The , s of the Orders of the Garter and Thistle make no provision for grants r supporters, these additions not having been viewed at ihe date at which these statutes were drafted in the same light as that in which they are viewed now.' The statutes of the Order of St. Ritrick, which are later provide that supporters where required shaU be assigned to members of that Order by Ulster King-of-Arms. 8. Corporations, such as the cities of Edinburgh and Glasgow have grants of supporters. These are generaUy of a later date than the other parts of their achievements. The Company of Tallowchandlers of London IS in possession of a patent of arms of the year 1456. Its patent of sup- porters was obtained in i6oa.» In the case of the Company of Iron- mongers they were granted in 1560. which is supposed to be the eariiest instance of a grant of supporters to a corporate body. THE QUESTION OF THE RIGHTS OF BARONETS. Controversy has raged around the question of the right of supporters conferred bjr the rank and dignity of baronetcy; and in the first edition of the present work it was possible to devote considerable space to the subject.' It is admitted on aU hands that no such right is conferred explicitly either by the statutes of the orders of baronets or by the individual patents of their members, unless there be exceptions, of which we know only one * But It IS aigued that the tank of the orders entitles their members to such honours as supporters, or ought to. GuiUim in i638« lays it down as 'Lyon would probably comider . Knight of the Thiule entitled to demand supporter,. 'M»mr^C0mkgu. ScHAi HnMU ExUhition, Nos. 34, 35, and plate, v., vi. there. Pp. »8;-3i2. 4 The patent to Dunbar ofMocIuuii, tee p«|e 317. » P. 404, third edition, 1638, comidefcd bjr Lowndci to be the hmnC comet. 3a6 HERALDRY IN SCOTLAND dw law of hit time that supporten are allowed to the mMtt wt^ms only, and therefore to none below the rank of knight banneret. Of knights banneret it is recognized that there were two classes, one of bannerets created on the field in presence of the King, the other created there in hia abaence. Guillim'i dictum includes both among the nMks m^$rts\ and the decrees of the tenth and fourteenth years of King James VI. postpone the baronets of England to the bannerets of the first class only, those created in presence of the King ; by the statutes of the Order of Scotland the same precedence is appointed. When we turn to the Order of IVecedence, publirited by Charles George Young, Garter Principal King-of-Arms,' we find the baronets of all the five orders (England, Scotland, Great Britain, Ireland, United Kingdom) placed before knights bannerets not made in the King's presence. There ia abo no doubt Aat Knighta Grand Cro« and Knighta Grand Commanders who are below the baronets in precedence have a right to supporters. This at least is to be said in favour of the claim ; and it may be added to it with some truth that at the time in which the baronets were added to the acale ad precedence all laymen at least the ranks above kn^ta banneret might have assumed supporters without cavil. It must be observed, however, on the other hand, that many persons above both baronets and bannerets in their order are, according at least to the present reading of the law, though perhaps not that of the time of Wingfield, quite destitute of any dtk to these 'external ornaments.' Mr. George Tait, in his Note, which has been ab-eady referred to,* reported that during the fifty or sixty years before his time (1820) a practice had arisen of assigning supporters to Scotdah baronets aa such, a practice whidi appeared to be erroneous, and which he would not be warranted in following. A practice, then also recent, of assigning supporters to baronets of the British Order in virtue of their baronetcies he considered to be also unwarranted. Regarding the Scott baronets, it is to be recollected that Mackenzie admits their ri^t Niabet does not deny it txipttiAy ; but he omitt to Order of PrecadmM, witli Antharititt and RoBarkt, m.doocu. ' Appendix vi. BARONETS* RIGHT TO SUPPORTERS 327 enummte buonett wlien he menttont bvont and heads of families. Brydson, as we have seen, asserts that the right exitti. We an incUaed to Mr. Tait's view, which is also very much the view which is entertained br the more recent of his successors in office. But the grounds of an opinion timt the dignity of bwonetcy does not now entitle its holder to supporters do not by any means show that Mackenzie was not right regarding the law of h.s t,me, or that even the grants of the eighteenth century, and tome in the nmeteenth, to which exception has been taken, were not warranted The consideration of these is complicated by the terms of the patents of the baronets, which must be looked at, as weU m the statutes of the order, before com.ng to any conclusion either as to the grounds, or the general nght Itself, or the propriety of the grants of arms which have been in respect of them. A clause in a patent either directly conferring supporters or ordatnmg the heraldic authority to auign them is of course sufficient at once to uke the case out of the category which we have under con«deration. The only case of such a clause, of which we are awarr. is that in the patent of baronetcy conferred upon Sir James Dunbar of Mochrum, which includes a grant of ImpmaUj crowned, with ' Candms pramium honos -for a motto.' The eariier patent, of baronetcy, thoae which were created before the Restoration, contained no clause dealing with anything appr^ching heraldry except the baronet's badge. But in the later LtZ of Scottish baronets, we find frequently a clause respecting their armorial beanngj. wh«:h is usuaUy of the fbUowing tenor :«« By these presents we ordam Lyon our King of Arms, and his brother heralds, that they give and prescribe ,uch an armorial addition to the preaeat inaignia of the aforenamed A. B. as IS usual in such cases.' i^'^2Vi^l\'f^ Clerk, though. tU.tfc.onIr kwm. .»u»c oftfco kind in . p.t«it of bwonrtcy. Sc*ltuk Arm, ii. , 7. ^ ZlZlr ^ *^ "^""^ «f Mr. John Cunyngh«. of i^r^tri';' <'**P*" ^a^, Cu„i„ghan,e Cunynghai ,140. ^«n. pre«„,.bu. armi. prefa.i do; . Thomae Hay de Park pn»t in tdibT^S u«Ut»«..tdentetpr.Krib.„t.' Grur Se^ iUgisUr. I,, iij, ,U I Jri664. 3a8 HERALDRY IN SCOTLAND In other Nova Scotia patents a mandate ran thus : 'We cumimnd that forthwith LTon and his brother heralds do give and prescribe such edditioiit [observe the phraw] to the present armorial insignia of the Mid C. D. which shall seem fit ami proper to this occasion.'* The phraseology of the mandate was that of mandates to Lyon and his brethren which had been for some time fiuniliar in patents of peerage.* In the patent of 1690 raiaing Sir Fktrick Hume to the peerage as Lord Polwarth, he is granted an inescutcheon, tizure, an orange {iiuranuum) proper, royally irowned, as an addition {addiiamentum) to his arms, ' Cum omnibus addicamentis extremis usitatis et necessariis.* These last-named additions obviously include sup- porters. And with this view of the term additamenta accords the opinion expressed in the former edition of the present work, that the phrase in the rescinded Act of 1662, cap. 52, • additions to their coats of arms,' in ail probability refers to supporters and other exterior decorations (pp. 283-4). If the term * addition ' was capaUe of including supporters in the patent of a peer, it must have been similarly capable in that of a baronet. For that supporters were generally classed at that period and after as ' additions to achievements ' we know from Guillim, to say nothing of Nisbet. We are not aware of any positive evidmce that, at the dates at which most of the baronetcies involved were created, supporters were usually granted to them, or considered appropriate. On the other hand, the slight estimation in which supporters were held, and the form of the entries of arms in the Armorials and early pages of the Register <^ All Arms, renders their absence from these records a thing of little if uty ^nificance. Leoni porro Armorum Regi ejaique fratribui fecialibqsa'^ditamenta praescntibus insigaitt arrooriis dicti C. D. quae huk occasioni congnu ct idonea videbnntur dare et praeKribsrt imperamut.' See Intent of Baronetcy to Sir Jama Dkk of Protonidd, laad Much, 1707. (Papers in Cunningliamc case as above.) ' Insignia et armorum additionem (pnwt ooagrnt)' is the phrase in the patent of Carnegie of Pittarrow, aoth Februar)-, 1663. ''E.g. Patent, loth November, 1620, creating Sir Henry Cary V'iicount FaUtlaiMi ; tlw patent, 14th March, 1624, creating X'iscount Liuderdale an Eart t tlic pMCBt, latk Maf, 1633, of the Earldom of Loudoun, all in the Crtat Seal Reamer. .■Jits Pari. Siot. ix. 244. Sir Patrick's former registration was ordered on his forfeiture to be deleted, and the ddetion ha* ukcn the mfortiiiiate form of erasure. But his matricttbtioM after 1690 include* tapportcr*, two lioat r«g«UHrdaBt argent. (Keptter, i. fol. 104.) BARONETS' RIGHT TO SUPPORTERS 3,9 .J'jri^LT^ •I^th.t.gri.t of them p«*.Hy m«u.t fee., «„| anx,ou. to be Wt. .t all. At . httr d«, . cMin «u«b«r of b^onets obuineJ upporter.. either on the Kore of their mnk. or in virtut of t^ a> yet unexecuted precept, in their individual patents.' What the •dditioB. of honour originaUy contemplated were, if they did not include supporter., it is diffcult to »y. The ahiddf of the Nova Seotii buvwets. at least, do not bear them.' nor do their crests or niottoe.. The herildt on the whole seem to have been left very much to their diacretion in the inter. 'Thu. Sir J.m« Dkk of PmteiiMd. who had recorded .rn,, wi.hou. supponer. on ... A.r«. '"7. » March. .707. with . Precep. .0 Lyon. (Cp V g „ ™ to tl» 'Mttimm^t of honour.' th« htdgt of Now ScotU. to be won. on ^ " " "-"tcheon. Bu. .he badge w.. not . thing whi^h w? Skt .he h«r.ld. to grant, or to determine the general uk o£ or the ««>JZZ "."^ , .Jict. bu. W.1 . m-k rJ . ». - - .1 » o^ or »c piopnety of in individua Tpage ,46). KC^k^ r. Cunyn^ka., uA^"**' B4«»«l«i'. - Wnt of th, 8«ottHh Baronet^' in hi. CW* Jfa* ^ ««ijjj.^ ..e.^ quoted at length in ,hc former edition o. the pre^nt ^k lftrt Nova Scot.., and con.tn... it to be a cUuae of a patent iwtead of a I^C^ -udes .hat ,t a ' mi«on.tr«ction of ihi. cU».e' that lad W til. baroneu a««y Bu.^ b«ronet>. even according to MAm^^mA^ k: u But the b.runet>. even according to B4Mmdmi him^ • .1... .1^ " Ca^M* he makes a statement to the oppotite aS^ 'h?^^ br their pM.» of cr«tio„ allowrf to cany .J^Z' and that Lyon 'may by virtue of his office grant nMOftwi irithnnt , hath frequently put that power into practice/ ' ' ' sirj to^. JET* *^ -« "»« they^ similar to that wUeh q,p«ra i. ««. p.,^ ,^ honourable aul^^ tK». .« or outside the shield. So as they did not affect the .\n^TZ^^ .tttut... he thought them unnece.««y.and argue, that the cuiTIL hZLTr ^5 • by a m,.ake of the fontulist..' 12 .dt .ILCb^ L^""' the interpreution of documcMt. "-»y »■ Mopiw •« a Im f«on m HERALDRY IN 800TLAND pretation of the wtmirt, and tliough we m»y think ti»t thtjr c hurmi i wd too ftoqumtljr thil tlw cmms bcfcft tfaMi were eppropriste for granti of Mipporten, we cannot tuggeat that tiwjr ifid wronf in eaeictwig the judgement repowU in them. THi MOHT CONSTITUTED BY A GKAN r OF SUPPORTERS. A grant of supporters does not infer any exclusive right in the particular animals or figures assigned, nor in anything in the grant which ia not iMCosarily personal to the patentee^ or which wouM in nay cate have been capable of being granted to another at Lyon's diKretion. Supporters in this respect rank with the figures used as bearings. Golden lilies are to be found in the arms of Kglinton and Lennox, scallops in those of Graham, Maul, and Pringle. So, among supportera, red lions gtiardant are comimm to the noble houaea of Argyll, Crawford, and Gray, and golden lions tu the Earl of Rosebery and Lord Torphichc, But, on the other hand, while a savage, such as the Duke of Sutherland's sinister supporter, may be granted to any one who has a right to supporters, a savage holding in hb outer hMid the alueld of the ancient Eails of Sotheriand, which the Duke'a a«p- porter does,' is proper to the Duke alone. Lions sejant, to take another example, may be made the matter of a grant on a new occasion, tnoi^ they are already in use ; but in ine intereating fourteenth cen'tiry ^ of William de Cedibum, they have omementBi taken with which thev > -e not liable to be treated as commo>i properties, namely, the mantles % m ■■■ wears round his neck charge i with three round buckles.* Tnc . ilar* charged with three sUrs, which appear on the greyhounds, supportera of Innea of Inncs, me nt ioned by Mackentie, arc another itwtance of tkaaame.* The buckles on the collars of the greyhounda of die Mamfuia of Hui^ are similar in the matter of property. Where, however, a cadet of a house which is already in posaeMioo of aupportera obtuna a right of hia own to thcae honoora, it ia not now propo- nor die practice for him to receive the supporters of the head of his house without a difference. The case of the Earl of Kelly, whose supportera are > See modern Peerage*. ' Macdunald, 442. * Mackenzie, HeitUry, chap. xixi. A GRANT OF SUPPORTERS 33, the gryphon, of the Eiul of M.r. dijfcrenced with • crescent on the .houlder of ««t .. ated ^ M«ck«.,i. in illuMr.tk,n of the pn«tice. The coilm of t^M.rqu., of Huntbr', Mipporlm. jm mm^, m motlier am of a difference «dded to the supporters of « parent home. The Bad of Aboflie who iTM « son of the •ea>nd Marquii, took entirdy difwwit * two men in innoar. When nothing eiwtt to Jt«r the nde, lMmiit.ry «.pportm d«eend with the prtnciptl arms. The line of that demnt will be diKlMMd on a l«tM> pwe The ««*umption i, that supporters which are granted on a person's elevttnin to a dignity entiUing him to supporters go with the dignity with which they came. But a fmmgc gr.nt«l to a per««, who hu. dieady a nght to supporter, doe. not ' attract * the of Mipportm lo a. to ah^ their line of dcKent to its line. The .ddition of .upporter. to the arms of a cadet does not dispeme with the neceMky of hi* bearing his arms with a difference. When a gentleman with a right of supporters marries an heiress whose arm. hemay quarter with hi. own. he may continue to use his supporters imh theae quartered arm.. If she ha. « right of supporter^ he may «dopt one of them, and use it with one of his own. He then places hi. own supporter at the side of the shield at which » the principal quarter of his own arms ; her supporter is placed at the other side. Supporter, granted originally of grace, not of the grantee's right, mav be subsequently altered by the permission of the grantor. In the case of supporters specified in a Royd patent, like those of Dunbar of Mochnim. .t IS f'uvjght tnat no alteration couU be made on them wtthout the dinct r^*:- ': / o the King. The .ght to hereditary supporters is always indivisible, uve that the heir who ha, the right may use one only of them if he choeaas. The right confers no title on any cadet to demand them em a, ADMISSIBLE SUPPORTERS. The theory of supporters, whether they represent mythical or real beasts or persons, is that they are the subjects, urmm, or retainas or felowers of the owner of the shieU which they support, or hi. actual mppo,tm in HERALDRY IN SCOTLAND other senses. If they ate trees or inanimte objects, tbef repnmt in things that are his property. When beasts such as the lion and the unicorn were taken to represent the virtues, every true knight had ' his beast.' Lions as his supporters, as anywhere else in arms, meant that he put hit tmst in courage and magna- nimity, and so on. This idea is no longer active when an heir wears lions merely because his ancestors wore them ; but the idea is still latent ; it cannot be ignored with propriety, and, on the other hand, it can be observed to good purpose in all ways. • Lord Reay, when he went to Germany with his Regiment, did take hit arms supported on the dexter side by a Pikeman armed at all parts proper, and on the sinister by a Musquetier proper.' ' General Sir John Moore, as a Knight of the Bath (K.B.), chose two soldier»— the one a l^t infantry- man, the other a Highlander— 4he latter in gratitude to and in commenwra- tion of two men of the 92nd Highlanders who found him wounded in the course of a battle, and helped him out of the field.* Field Marshal Earl Roberts has, in a similar way, chosen a Highlander of the same regiment and a Goorkha as his supporters, in acknoiricdgmatt of the support the Highlanders and Goorkhas had been to him in his campaigns. The King's military services afford other examples as good of supporters chosen with such consideration and propriety. The cases of Earl Nelson and the Earl of Camperdown, and Lord NafMer of Magdak, and Campbell of Ava, may be cited. The arms of Lord Wimborne are as appropriately supported by two sons of Vulcan.' > Mackenxie, HtrMrj, chap. sxii. This wai probabljr in i6t6, though he was not then ennobled. Theie luppoRen arc again med by thii home, thongh tot lone tinM the piktman had been supplanted by a second mwkttatr. ' See his letter, Appendix ix. *Or, as the blazon l<«s it, 'On each side a figure habited as Vnlcan, resting hii citcrior hand on an anvil and holding in front thcfsof a sledge hanmcr, all proper.* CHAPTER XII. SUCCESSION TO ARMS. A GRANT' of armorial bearings, when it it not espmdy rettricted to the grantee himself, is held to be of a hereditary nature in one line of heirs or another ; and creates tlso rights of sevend minor degrees in other descendants of the grantee. It is unnecessary to say tint the grant confer* on the gnmtee a right to the full and undiflfercnced arms of the grant, and to the supporters, if the grant includes supporters, and that it confers a similar right to bear the crest. If there is one in the grant,' unless the grantee is a lady. If « crest in that case arai reuin the right to thcM. « ' PluribiM iUtm iwjpi, 4,fa„ ^11^^ ^ ^ ^ ^ tv 338 HERALDRY IN SCOTLAND the Prince consent,' etc. It is clearly Mackenzie's mind that if the Prince consent not, the stipulation is inoperative. The heirs must en- deavour to obuin the consent ; they do not forfeit their inheritance if the consent is refused, but if it is forthcoming they Btty be forced to carry the arms or lose the inheriunce which is at stake.' Nisbet throughout his works appears to take the settlement of the right of the heir of line for granted. His observations relate only to its conse- quences ; and he does not advert to the armorial right of the heir female in the case where the 'more subsUntial rights' perhaps of more recent acquisition have gone elsewhere. Thus, he says : • When the heirannale of the eldest brother ful, and the inheritance fiJls to their daughters, and their hdts, the younger brother and his issue may use the plain label as heir of expectance.'" In illustration of the practice he cites the case of the Earl of Abercorn, who became heir-male of the House of Hamilton when the elder ducal line came to be represented by the Duchess Anne, to whom, however, the territorial duchy went also. The Earl, he says, then bore the arms of Hamilton, but differenced by just such a label. The language chosen by Nisbet in the passage we have cited is that of the celebrated English record-scholar, Dugdale (Garter King-of-Arms, 1677- 1681), whom in continuance he quotes: ' A label being much in use for the heir apparent (to wear as his difference during his father's life) was seldom removed to the second brother, but when the inheritance went unto the daughters of the elder brother; and then the second was permitted to bear the same for his diflTerence, as being the h«r-male of his family and as ont that remained in expectancy ; yet might not the recond brother use to intrude himself into the absolute signs of his house (the inheritance being in his nieces or kinswomen) as appeared in the case between Gray of Ruditn and Hastings.' This celebrated litigation, protracted from the reign of Richard II., » Mackenzie's rule, that the consent of the Prince i= requisite, ma) be satisfied in various mtjt, M by Act of Parliament, Great Seal Charter on a Royal warrant, or Act of the ordinary heraldic authority. A« to the tail, lee Hnntcr r. WeHoa, iM», peg* 74 ! Moir r. Graham, 1794, page 128 above ; Joicey Cecil r. Joicey Cecil, loth June, 1S98, H.C. of J. Chancery; Croiton t: Ferreri, L.R., Ch. I. 190+, p. aji ; Phillimore. HertU'i CtU^ md Caoft tfJirm ( jrd ed. 1904), Afpmdii of Statutct aMi Qmm. « ^mm ^HtrMrj, ed. I7ta, i. 449 (i74«. '• 4J9)- GREY K HASTINGS 339 1377. to that of Henry VI., 1422, wu a case of the same kind. To con- tinue in Dugdde's word, quoted by Nbbet : - John Lord Hasting, married to h„ first w.fe Izabel on. of th. ««« «d hdr. of Atawy d« VaUencc. fcarl of Pembroke, by whom he had i«ue John Hasring. (after Bri of Pembroke). Elizabeth (married to Roger Lord Gray of Ruthin), and some other children which need, not be spoken of; for that, as I take it all the l.„cs of them fiuled befeie the exdnguirfiing of the fine of the «.id John Earl of Pembroke. After (such issue being hid) the mA l»bel Vallence died, and the said John Lord Hastings took to a second wife Uabel, the daughter of Hugh Spenser, by whom he had issue Hugh Harting. and Thomw. and then died, and left as heir John his son by his first w,fe (who was Earl of Pembroke, as I have said, erected by «a»«H, of h.s mothers inheritance) which John Earl of Pembroke married and had rr "."^^IL^"'' ""i P«='"^^ke. who al«, married and had i«.uc a third B«.| of Pfembmke ; but in the end aU the line of the said John Hasting, ^rst Earl of Pembroke of that fkmily) fiuling. the.* «x« . questi^i betw,xt the he.rs of Roger Gray and Elizabeth his wife, being sister (of the whole blood) and the heirs of Hugh Hastings brother (of the half blood) to the .aid John Earl of Pembroke, for the inheritance of the Hastings/ Iz^.rL ne V kNCF Joh.n Lo»u Ha.thic» - lzA«»t SriNUt si'ter and co-heir of Almery Earl of l^faroke. ^ &rrl"of P^': H*"'^'" - Hf OH H*.m6v line altiiMtciy filled. RiiNotn, Ix.Ri) U»f Y or RvTmii, Sir EowAitn Hastinu Pl'MI- Dtftndant. ' But Gray recovering the same (by the law that saith Possessio frutris de /«A sm^Uafimt „nrm esu lunJmy caUed the said Hastings also (hav ing b LI' " ^ brother of .he half "^■ ^^^f^ Z^L^^ " half-Wood.' Sir M. Hale. HERALDRY IN SCOTLAND retnoved the dtfliereticc of his mark for that he was then hetr-mak of that house) into the Court of Qtivalry, and there having a judgement against him (r . 1408), the said Hastings was compelled to use a difference (which was a label of silver) upon his mark,* a fair nd sleeve of his lady's upon his goUrn vesture ; * since which the heirs of that younger family have used the said lahd even until this our age. So that you may see by this, that the law was then taken to be such, that such an heir-male as had not the inheritance of his ancestors should not be suffered to bear his mark without distinction ; for it should seem (by this) that tiie isaue of them that had married the heir- general of any fimily (being by reason thereof poasesaed of the lands) had not only an interest in the arma, Iwt might 1^ forbkl any man the bearing thereof.* » Here then it must be observed that the competition was not between a female heir of line and a cdlateral heir-male, but between the representative of a sister of the full, and the representative of a brother of the half blood, of the last person in possession ; that the former was preferred to the other as to the lands, and that thereafter, being in possession of the lands, was preferred to the arms as wdl. The first judgement, that he was heir of the lands, may have been thought needful before he asked the second judge- ment, as a mere finding of his propinquity ; or it may have been necessary on the theory that he had no title to the arms unless he was in possession of the * more substantial ' inheritance. Dugdale, and even Ntsbet, may have thought that the latter was the accepted view. But in any case the judge- ment does not seem to settle what would have happened had the heir- general not been in possession of the ancestral acres ; or that the heir-male could or could not have dumed the arms without showing positively that the acres had, on the other hand, come to him. The arms were certainly treated as only feudalized arms could be treated now. Into the question of haxditary (/.«. unfeudalized) arms the doctrine < Nitbet's venion adds : * (chat it the Paternal Igare).* ) In heraldic language, tr, a maunch |aul». * A \»Aft dtevt high tprightcd HaMjrngi bore.* Drayton'* Mmrnt' Wtn, i. as. ^ Antitnt Vu^t of Ami, p. a8. Bank's ed. i8ia, foL |6. GREY V, HASTINGS 34» t^j!^ *" ^"^^ ^''^ To such arm. Sir Edw«d Haatmgs. th. untttccoifiil pirty. baf Mill hdr of the common ancestor m honours, would, according to the pre^nt law of m. hm M Jhe better right, whether they were cap.We of going to the heir-fcrn Je of line in preference to an heir-male collatenl of the last possesK>r or not It interesting to recollect that Sir Edward'a line, though only after genera- tions, was held to have been entitled aU along to the greater honoMra of the house— the Hastings peerage, which went to heirs-female^ and k in Act now enjoyed by an heir-female, hia eldest co-heir.' The teak appended to the charter of foundation of the CoUegiate Church of St. Bathans, in the year i+ai. afford an interesdng iUuatrwion o» the use of the heraldic ensigns of u fomily being used at that time only by the heir-fcmale who had the more substantial representation in her namely, by the eldest of the four co-heiresscs of Gifford and Yester. Sir Willwn Hay, ancestor of the Tweeddale fiunUy. married die eldest of these co-heiresses, and his seal of arms (already referred to), attached to the charter in question, exhibits his wife's tnvgns jirtcrly, with his paternal arms • nirtout ' ; whUe on the seals of the fhr*. other Barons who married the younger daughters— via. Thomas Boyd of Kilmarnock. Eustace MaxweU of Tcyling. and Dougal Macdougal of Maclcerston-we find • nothint hot their single paternal coats.'' Two hundred years later, as mentioned by Nisbet. we have an example of the preference of the heir of line in the case of a weU-known northern fiunily. WiBkm Seton of Meldrum. having no issue by his wife, Anne, daughter of Crichton of Frendrmight. entaikd his estate, failing heirs of his own body, to his grand-nephew, Patrick Urquhart of Lethinty, eldest son of the ' Tutor of Cromarty ' by Elizabeth • Hereditary annioffiunilie. m»t wt be confounded «vith/«A/„„;gw,, which are annexed •tewMd. the Duke, of Athol. quartered the arm, of Man (three conjoined kp i. m. lord, of that uUnd. while the Duke of Hamilton qumen the en.i»n.of tte JLwof W h.,e bM. cam«l by th« ftmdie. of Cumia, Sleirut. S«on, DougU., and Er.kiB., .id«r a. holding, or pretending to, that ancient digni^. ' See Niibct't Eiurf m jfnmrut, p. 98. HERALDRY IN SCOTLAND Scton, the tiit«ycr't nieces *eMeeining it just Mid WM on aMe that, m the estate of MeKlrum came to the name of Seton hy a marriage with the heir- female of Meldrum nf that Ilk, and that the course of succession continued settled in the heirs of line for a long tinw, it should in like manner dcKcnd to hw ddest brodwr't dai^tcr and her hetn, rather than go to an hcu^mak at a greater diataace.' * The facts regarding the descents and titles of our present ^milics whose heirt-male some theorists would consider their only true representatives in the future are tcarcdjr suAcicntly regarded. In the well-known Sutherland PMrage case (1771) it waa clearly proved bjr the teamed Lord Haika, the constructor of the Additional Case for the Countess, that the Salic law of France and other kingdoms has not been the rule in this country. But it is not commonly realized how many of our leading honours betidet that of the Crown itirif are inheritable by hdra-ftmale. * At present,* aaya RiddeU, in 1859,' there are in virtue of our various Peerage grants, a far larger class of heirs-female to dignities, than of heirs-male, independently, as has been instructed, of the coHiiani devolution of all our older (Peerages) to heirs- general, besides the later female deacenta, is at heat but mtictm judicium Hum f 10, non ptmdtn, the prior of which tests has been contemned, nay repro- bated by lawyers, and cannot in the abstraci, that is, as regards the mere quantity, be confidr 1 in; while the latter, the proper relevant test, evidently in this idtemative, decisively apfdiea in behalf of the heira-femde.' Again, he remarks, ' Patents, I need hardly observe, arbitrarily fixing the descent of an honour, though in numerous instances likewise in fiivour of heirs-female, are not a proper criterion. It is our succession that must here weigh, when left to common law. . . . With respect to our Dukedoms akme (he, how- ever, remarks) innumerable existing heirs-female take under the Ducal patents of Hamilton, Kucclcuch, Queensherry, and Montrose (as was there at least intended), far more than male ; and the Duke of Roxburgh likewise is an heir-female.' ' Even in the case of the Sidic law, to which we have incidentally referred, > SjOim ^HtrMj, vol. ii. Appsadii, p. isf. ' Lam 4md fratAte i» StHiisi Ntrtpi, ii. 944. See aUo hit Aj^ndta there, No. *ii. pp. 1006 // Iff. THE SALIC LAW 3^3 «h«preci» principlt of MMccHion wu at one time very keenly dt itted-itt •rncdy nmc«^ dMrnttr being boldly clulknged by one action of rivd d..put.„t.. We particukriy «fcr to the co«p«itio» fer th. a«m of 'TV" century, between Philip of Vidoi. (.ftww^d. PhUjp VI.) .„d Edward III. of England, the former being cousin^ ^ the mie bne to the dec«Md monmh Charle. IV.. while the bner w» h» Mter s Philip p|«d«, thee the Sdic hw eMlad«l Aom the thfone not only daughter* themselves but also their detcendants. wMtr mtk tr y&«M/s to be saiJ of the How. of Barklei. wiuch i. gArmtd to be descended » Prioced in Utier, . . . ^StUe . . . jMm^ CMn^ 1746, i. HERALDRY IN SCOTLAND lineally of a King of Denmark, but hath ever been one of the best Howses in England; and this Duke was the oneli Heir-general to that Hows, which the Hows of Barklei doth not deny, howsoever, as sometymes it fids out between Brothers, there be question for Land between them. Many other Howses might herein be mentioned, but I name these becaws England can boast of no nobler, and becaws all these Bloods so remained in him, that he, as Heir, might (if he had listed) have used their Armes and Name, as in old tyme they used in England, and do d«li both in Spain, France, and Itali :— So that I think it would seeme as great News at if thei came firom the Indies, that he who, by Right of Blood, and so accepted, was the awncientest Viscount of England ; Heir in Blood and Armes to the first or second Earl of England ; in Blood of Inheritance, a Grai, a Talbot, a Beauchamp, a Barklei, a lislai (Lisle), should be doubted to be a Gentleman. But he will say these great Honors came to him by his Mother. For these, I do not deny they came so; and that the Mother being an Heir hath been in all ages and contreis sufficient to nobilitat is so manifest, that, even from the Roman Tyme to modern Tymes, in such case, they might, if they H$ud, and so tften did, use their Mother's Name; and that Augustus Caesar had both Name and Empyre of Casar only by his Mother's Ryght, and so both » Moderns.' Arms, the destination of which is unknown, and those which are destined to the patentee and his heirs, go to the collateral heir on the extinc- tion of ti»c patentee's descendants, in the same way that those destined to his heirs-male go on the extinction of his male descendants to his heir- male collateral. ' Whether agnati transversales, such as nephews, etc.,' says Mackenzie, ♦ have r^t to carry the arm* that are given by the Prince to their uncle and those of his fitmily, may be doubted ; and that they may, is concluded by the doctors, nam agnati intelliguntur esse de familia ; but if the arms be granted to a man and those descending of his body, they [his collaterals] will thereby, or by any such express conceauon, be secluded.'* The order of succession at common law to supporters is naturally the same as the order for arms proper. ' The right of using supporters,' says ' Collim notes here : ' i.e. both name and arms.' • Sdtmt rf HnMj, chap. xxi. p. 70. SUCCESSION TO SUPPORTERS 345 Nisbct.. .is hereditary with u. in the lined heir, and rep««nt«tim of ftmihes; but not to the younger «n. or« cdhteral., unie« ther become represenbitiiret of the famUy,' ^ «w»me In aU r^pect. thi. i. ^ i„divi«Me right : it goes as a precipuum to the ZofT r r •"•^-«''-^LordstL..Lan,ong;; he.rs of hne ; for when more women or their issue succeed, failing rJt» 1 " " ^""^ °^ ^'^'^y ; and becauae oorL 7 r 'f^*' " - ^^<^ hei„- porfoners; and though they succeed equaUy. yet right, indimble fall to the eldest alone, without anything in lieu thereof to the rert • a. i Th. d^nity of Lord. Earl, etc.; The principal man.ion. being tower.' fort! alice, etc.; 3. Superiorities, etc." * The que«fcn of the Common Law right of ,«xe«on both to arms and * The pisage at printed has e/, but cr it clearly meant. *Imiih,rimu tfOtLmv »f Scotland, book iii. tit. 5, § 1 1. At one time the heir of line who. on taking the'heriuble estate, did not pmiciMte i. the succession to the moveable estate generally had vet a ri.Kt XT *" *"« related to the heritable estate, nameirie .. iL ,h ""^ the cushion of the family Kat -^';hrh tc "tf andS' T r/"'"" the .mi, j; or arm.. Wh^e' u;:^ii:rX^^^^^ hetrship moveables went to the eldest heir-portioner or were divided, TxS^JZ^ of heinh.p moveables now abolished, by the Tide, to Land Act of 1868 «ri. Vil §.60. See Bell's Z);,/<«,;,, and authoridcth«. ^'"^ '"'•J'-J* V«t. c. ,01. whkt'JT^^tw S rIST.^!? '"'I"''' P-o"«' clutteb .^tttl.X'-ctl'^^^^^^^^^ anc„t. there hu„, up with the pennons and other ^ ^ e^To'hH^r^ In the year ,6+3. the Gene«l A.«mbly of ,h« Chmch of Scotland pa,«d an AcTwhich the ^^mlu aS .^fTh J , "^f "^""^ '""^ admiaiatration of ine aacramenu. And als inhibites them to hing Ptnrils tr Brtdi. to aflixe Htmm, - to make any suchlike Monuments, to the honour or ma«ab«^'i.„* i^JL^^' " walls or other place, within the Kirk, where the paMlck wonhip rf^ J^r^rdT' It IS well known that in Eaclind a di&m* mU ft„- .1. c • .. . ""^""» " to title, of ho«», d«c«KliStfeijr%!?^ ^ P'"*"' "S"** where fK., ""^We » Kuulct. ThtM do not go of right to the eldest daushter where there are more than one. but remain in abeyance, subject to the determl^riT ^' «.vcre.g„. who m.ythereaf.erc.1. them outintavouLfa^yoneof theti:;:;:^ au 346 HERALDRY IN SCOTLAND supporters was much discussed in the years 1848-49 in the case of Cuning- hame v. Cunyngham, although, owing to a special circumsUnre, no judgement on it was pronounced by the Court to which the awe w«» appealed, and the judgement on it by the Lyon Court, bearing to be based on the Common Law, from which the a^^peal was taken was found to have been incompetent. In noticing that case it will perhaps be convenient to give a general account of it. The parties in the action' were Sir Robert Dick Cunyngham of Ptwtonfield, Baronet, and his grtndne|*ew, Mr. Smith Cuninghame, younger of Caprington ; the former being the heir-male of the body of the first Cunyngham, baronet of Lambroughton and Caprington, and heir-male of the body also of Alexander the third Dick baronet of Prestonfield, who paternally was a Cunyngham too of the same stock, while the latter, Mr. Smith Cuninghame, paternally Smith, was heir of line of both these ancestors, through his mother, who was the eldest of three sisters, heirs-portioners, as shown in the pedigree subjoined : Sir John Cunyngham, Bart., of Lambroghton and Caprington, cr. 1669. Sir James Dicit, Hart., of Prestonfield, cr. 1707 (fint pntcnt, 1677). Sir William Cunyngham, Bart., ob. 1740 = Janet Dick (only daughter and heiress). Sir John Cunyngbun, Bart., ob. 1777. Sir William Dick, Bart., Sir Aleunder Dick, Bart, took the Baronetcy of Prestonfield by special destination ;ob.s.p. 1 740. Sir Wm. Cunyngham, Bart., ob. i.p. 18x9. Sir Wm Dick, Bart., ob. 1796. Sir John DUk., Bart., sue. hit nephew ; ob. i.p. 1814. Sir Aleiander DiVi(, Anne />»f* = John Smith, Esq. Two other Bart.,ob.8.p. 1808. (paternally daughters, Cunyngham). both numed. Thomas Sm\t.\i-Cuningkame, Esq., rtfreienting tke eUeit HmH-PoXTIONF.K OF LiNE. 'Cuninghame v. Cunyngham, ijth June, 1849. and Series), 1139 : Stmm 1849, No. 187. Sir Robert Keith Dick- Cunyngham, Bart. ; sue. his brother Sir John in the Baronetcy of Pres- tonfield, and his cousin, SirWilliam Cunyngham, in that of Caprington, — Heir-Male of Cunvng- ham of Lambmiktna and Caprington. 1 1 Dunlop (Court of Seition Referti, CUNINGHAME K CUNYNGHAM 347 From Sir James Dick, the dm of IVettonfieW. who h» not been mentioned yet, both Mr. Cuninghame and Sir Robert were descended a. the pedigree shows, only through the female line ; and of that line tbo Mr. Cuninghune was the senior heir. In 1 845 the armorial rights of the fiunily stood thus : The arms of Sir John Cunyngham just mentioned and those of Sir James Dick, had been recorded .n Lyon Register on 2nd August. ,673. and ist August. ,687. respechvely ; and the arms of Sir James had been matriculated in ,77, with the addthon of supporter, in fiivour of hi, grandwn. Sir Alexander. The first two registrations mentioned only the respective gnu,tees,_i„ a Registration of Arms in their day no destination of heirs or descendants was mention^. The last, in 177,. was a grant to Sir Alexander «and his ncirs. According to the ordinary interpretation of a Scottish grant the first two as well as the last were made to the grantee, and their • heir, ' in contra- distinction to their 'heirs-male/ This interpretation of them is al«, in acco^nce with the law of heraldry as laid down by the authorities above mentioned > It was also apparenUy the view of the family in 184c. to say nothing of the officials of Parliament responsible for the d awing of private Acts of Pariiament. for in that year it had been expready dedaied. in a clause of such an Act, to which both Sir Robert and Mr. Cuninghame were partie,. for the wttlement of their rival interests relating to the femily mhentw.ce that 'whereas the senior heir of line of Sir John Cunyngham Baronet, of Lambrughton, and of Sir James Dick. Baronet, of Ptestonfield ' the common roots and chiefs of the two families). • has succession to all their indivisible heritable rights, not carried from him by entaU or settle- * nlrK*^". ^ '"'"1"^' ^'^'"'^ '° hein though thqr be «ot e«pmt. renounce tZ t « "^^^ ""at though they r.uccLl Z .k""?"" "^.r "° '-"i'e part' LonrTTi: • i '^'^ " " °" ""'''"'y the title, and enjoy the honour, of their p«dece«o„ though they renounce to be heirs and though ,h.« honoL. and ...le. were g.ven n first ,0 their predece.«r. and their heir.' (M.ck«iie, W^^Telte : 7;^:/^ "'"r nude « . ;h« rSe k:r!7;.T^ timet round it mie to renounce the inherittnce. 34« HERALDRY IN SCOTLAND ment, and specially, has right to use and bear the arms and supporters of his said ancest«>s ; be it therefore enacted that the said rights and arms are hereby retenred en^ to nich tenior heir of Hne ; and thtt the said Sir Robert Keith Dick, being a younger branch of the said families, he and his heirs-male, in taking the name of Cunyngham, and arms of Cunyngham of Lambrughton, shall do so with the difference, or mark of cadence, in the arms applicable to such junior branch.* ' Mr. Tytler, Lyon Depute, at the dme, however, lik his predecessor, Mr. Tait (Interim Lyon Depute, 1 8 19-1823),* held the view that by the law of heraldry the principal arms and supporters went to the heir-male. In 1829 Mr. John Smith Cuninghame had applied to him for authority to bear in r^ht of hik wife this arms of Cuninghame and Dick quarterty with the supporters granted to her grandfather. Sir Alexander. The Lyon Depute had granted authority to bear the arms, but had refused the application for the supporters, on the ground that 'the right to such distinctions passes not to the heir of line but to the nearest heir-male ot the family even though a distant collateral.' In 1846 Sir Robert, notwithstanding the private Act which in the meantime he had obtained, as already mentioned, petitioned the Lyon King for authority to bear the arms of Cuningham of Lambroughton and the arms and supporters of Dick of Prestonfield according to the law of arms, Mr. Thomas Cuninghame opposed ; he insisted that Sir Robert was entitled only to the family arms with a difference, and was not entitled to the supporters, and relied on the terms of the statute, and on the law of arms hud down by Nnbet. He then presented a petition to Lyon in the same terms as those used by Sir Robert. The Lyon Depute conjoined the con'ideration of the two petitions, and eventually pronounced judgement refusing the petition of Mr. Cuninghame and granting that of Sir Robert. The Lyon Depute's judgement found that * by the heraldic usage of Scotland and the practice of the Lyon Court* Sr Robert *as head and ' 8 and 9 Victoria, cap. t j. See R^trt Mid Sttrim Ptftrt io Cuniagiuune r. Canjmgham Ml lUf. 'Mr. George Tait't evidence be&>re the Commiuion on the Lyon Court, i8ai. Stt Apr- ndii. CUNINGHAME F, CUNYNGHAM 349 and Dick of Preatonfield' would have been entitled to have omTthe «rm. of thete ismilks quarterly without brisure or mark of cade-.cy, but that .n respect of the MUut. mentioned in the pleadings, .«,d of consent of the Petitioner appointed him to bear them with . dilfcrence-the • difference appointed for him will be mentioned anon. The judgement atao found that the supporters granted to Sir Alexander 'and his heirs' Md UM^ by hun 'and af^er hi. decease by Sir WiUiam Dick ... the maternal grandfather of the respondent (Mr. Cuningh«ne) have now by failure of male descendants of the said Sir William Dick, devolved upon u °^ ^'"■'y ' "^^^ Lyon Depute accordingly au honzed the Lyon Clerk to add the supporters to the differenced armi - the destmation of the said supporter, being to the petirioner and hi. heirs male. This introduction of the word maU was unnecemry if the judge was right that the word heirs in the patent to Sir Alexander in »77i was sufficient to give the supporters to heirs-male. And it i, remarkable that in face of hi. own judgement of ,829 in favour of the heir-female he should have declared that b t for the Act of 184 c the undifferenced arms should have gone to the heir-male also. It has now to be noticed that the « brisure or mark of cadency ' which he appointed to the baronet a. hi. difference was nothing else but the canton of Nova Scotia which the baronet was entitled to place on hi. shield without authority, which does not infer cadency, and would have been impossible for his younger sons or his daughters to have borne differenced or undifferenced ! But the judgement was advocated to the Court of Session where firstly the Lord Ordimuy, and afterward, the Judge, of the Hrst Division, affirming the interlocutor of the Lord Ordinary, unani- moudy heU-ist, That it was not competent in that case for the Lord Lyon to inquire whether the heir of line or the heir-male was entitled to the heraldic honour, of d>e famUy. that quertion having been decided by the Act of Parliament. 2nd. That under the Act of Parliament, the r.!!'.!L. '° supporters, and it was incompetent in the Lo«i Lyon co grant them to the heir-male. 3rd, That • the badge of Nova Scotuonacanton' wt.notamarkofcadence,andtoa,signitas HERALDRY IN SCOTLAND the only diflPerence in the coat of amw, was noi a sufficient compliance with the statute. The Court, therefore, altered the interiocutort complained of, and remitted to the Lyon Court, with instructions, to award the arms and supporters of the families in dispute to Mr. Cuninghame, the heir-female, ' as head or senior heir of these houses,' and instructed it in matriculating the irmt of Sir Robert ' to deny to him the supportera of the aaid fiuniliea, and also to recal the award of arms to him, with the diflTerence of the badge of Nova Scotia in a canton only, and to award the said arms, with such difference as may suitably and properly, according to the us; of heraldry, denote the difference or mark of cadence in the arms apf ' ' « to a junior branch.' ' The Court grounded its judgement of the right of the heir-general entirely on the terms of the Act of Parliament to which the competitors had been parties. On the general lawof heraldry the Lord President and Lord Mackenzie expressly declined to state any opinion. The Lord Ordinary (Robertson) observed that he was ' inclined to go along with the ai^ument for the heir- general.' Lord FuUerton was by no means prepared to assent to the proposition that in every case such honours went to the hdr-geiwral. He would have been, 'as at present advised, not disposed to decide' that apart from the statute the arms and supporters of Dick of Prestonfield belonged to the heir of line while the territorial possession of Prestonfield had gone to the heir-male. Lord Jeflfrey dnerved that if he m^t be permitted to take a ccmimonsense view, he should have said that there was no inflexible rule, nor a uniform practice in the matter ; and that the chief armorial dignities should follow the more outstanding rights and dignities of the family. On the interpretation of the statute the judges were unanimously of opinion that the meaning of the Act was to reserve to the heir-general, not only the supporters of the most distant ancestors mentioned, but of all intermediate links, of which Iw was also heir-general. 1 The Court also feand Mr. Caunghame, the lucceuful partjr, entitled to expenses, both in the Court of Sotion and the Ljoa Coart CUNINGHAME V, CUNYNGHAM 35, the^ilT""?:^ ^"'T"' * ^^^'^ "8ht and on he »>«A«gfcr« of the particular statute in question, both of which posi- tion, had been disputed on behalf of Sir Alexander's heir-male, the CcTrt had no shadow of doubt. ' I wiU not go . «ep beyond the statute.' «ud the Lord Prestdent. • then.' said Lord Jeffrey. • that the common law of ml^ • K°" Tf '"P""*^'"* t^'^'^ this statute .n h» way But I do not assent to the argument that Parliament cannot grant arms ; that h«dly a corwct expmrion. It may be indecent to suppose that Parhament would go so ftr out of it. way «. to make a grant of arms> or to make a bishop; but we cannot enter upon that con- SKleratNin in giving judgement on an Act which was pissed on the consent of part.es first, beau* of thtt co«.ent. and Ncond. because this is a statute of the realm, to which as a Court we must give eflfect." On the so-called Jiference added to the arms of the heir-male the Court wa. equally unanimous. The Lord Ordinary observed that the badge which had been «ed by Sir Jame. Dick couM not be used as a dilfcrenc ftom his arms, and that also, an honourable «.g«eotat»n cannot be u«l a. . briwire. fhe badge of Nova Scotia is not a mark of cadence.' said the Loru Pre«. dent « It .s a mark of honour.' said Lord Mackenzie; 'its introduction into the coat of am. meidy indicates that the bearer is a baronet of Nova Scofa. t does not show that the beaier it a cadet and not head of the house. I agr« with the advocator's Counsel in the impropriety of intnv ducng anyrh=„g that conuins the royal arms as a mark of cadence. But whatino-. this is truly no difference at all.' 'Even setting «.de the .riiameat,' «Ued Lord Jeffrey, 'there is here such I manifest .nfriu^.mcnt of the owUiuiry rule, of henddry a. would entitle us to take up the case.' Instance, have occurred in all ages of heraldry in which the arms of house, wbch have ended in heire«e. have not only been tra„s.nitt«^ by t hem, but have come to be the sole arm. of their d.«Kkntfc Thecaeerf theRoyaIArm.oftheheiit«.of Alexawlern.i.tliemo«&mou.. The of '♦7-7*. ordaining .h. o-k-o. HERALDRY IN SCOTLAND crescents and stars of Scott of Bucdeuch came, it is supposed, with the heiress of Murdiston. The heiress of Mowbray of Barnbougal conferred her $nM as wdl as her name on her descendants, akiKMgh Mowbray of CoclniriMf tte heir-male, a near collateral, was in existence. The heiress, of 1514 a d-. the earldom of Sutherland held and transmitted the arms and supporters of her houK. Sutherland of Forss, the heir-male, bears the arms of Sutherland with a diflcrence of an ddett cadet, namdy a bordure of tiw tinctwe of die principal charge— Gules, three mullets within a bordure or.' The Earl of Erroll, paternally Boyd, bears the arms and supporters of Hay only. The Duke of AthoU, who has inherited through the female line the supporters of the Stewart Ea^ of Athdl as wdl aa those of the Earis of the house of Murray, his paternal line, and quarters their arms with those of Murray of the Isle of Man, Stanley, etc., uses one supporter for Murray and one for Stewart. The practice of using a supporter inherited from an heiress along with one belonging to the paternal line is adopted by the Duke of Sudiei^nd, the Marquis of Bute, and the Earl Cawdor, and many others." Numcrous cases, on the other hand, can be cited in which the principal arms were adopted by the collateral heir-male in the lifetime of the heir- female and of line.* To say that the doctrine of Mackenzie and Niibet has been clearly admitted at all times, either before or since their time, would be difficult. It is probable that much lawless assumption of arms has taken place in almost all the ages in which arms have been in use.* There is no necessity to suppose any denial at any time of the principle that the >Lyon Rcgiiter, 1738 a.d. ; tvtPt Ordhmj, No. 4447. 'The earlier instances cited for the heir-female in the Cuningham case were those of the Earl of Buchan, 1604 ; Countess of Sutherland, 1514 ; Baroness Sempill, 1685 ; Baroness Gray de Ruthyn, already refiwred to in the text ; Napier of Merchiston, 1699 ; Mowbray of Bwnbougal, ija;. The later cases were uken from the Lyon Raster ;— L'Amy of Dan- kenny, 1813; Farquhanon of Inmcanid, 181$; lUttny of CnigluU, 1817; Oifaton of Pentland, 1810; Gibion-Craig of Riccarton, 1823; Heriot of Ramornie, 1814. ' The earlier initancei cited in the Cuningham case for the theory of the heir-nule were : MacLeod MtcLeod, abont i $70 1 Msiuro of Foulis, 1 63 3 ; and Anstruther of that ilk. Hb later caio — Macpherson ofCluny, 1711 ; and the Marquis of Queensberry, 1873. * When Mary Queen of Scots quartered the arms of England, and the Kings of England quartered those of France, thejr couulted their pretemioni, not the herakb. HEIR-MALE F. HEIR-FEMALE 353 i»d hwidic r uk Tote more probably from .„ eUtticity allowed to the ftTl TT"*^ i» «» comprehend the «Kce«or of the ' •^Pnnc.pd fief. iHieth^ he I,, hdrnwde or hdr^emde. or even in blood a total stranger. ,K. «« only imperfectly acquainted with the l«ct% the arm. to tnuitftrred may have been entaUed, or may by that t.me have cea«d to be thought penomU. ««J come to be con«dered. on the contrary, feudal- merely arms of dominion. It is cl«ir. therefore, from what has been stated, that the subject under d«cu«on » tttttKW with conrideiable difficulty, and dford, abundant •cope for argument wdi,rf«««e on both «d«^ If the «xidental poases- «on of a title or an esute, or any other apNttl 6mmm«^ i. to be\*ken into account, .t is manifest that almost every case of competition must be decKied on .t. own peculiar ground., and such, indeed, appears to have been the U.U.1 mode of Nttkment If. again, we should be able to discover some principle of universal appUction. altogether independent of tWe. and «tate., and which would not necessarily be affected by the destination of the one or the entaU of the other, it u obvious that anomalies would fre- quently occur, whether it be determined to give the preference to the heir- male or to the female heir of Kne. Although we originaUy entertained a pretty strong opinion it. fevour of the heir-male. we mun candidly «*naw. ledge an mcrming tendency to the opposite conclusion, as has already been indicated >n the coorae of the preceding observations.' The representation of an ancient fiunUy i. regularly t«n«mtted fiom feher to «,n for many generations, but at length, through fiulure of direct mde isMie. a female becornes the heiress of line, while a remote collateral succeeds to the position offtar-mde. Is it contrary to reason and common sense to prefer the fi«™er ,nthe «iccet«ontotheprindpdherd^ If she remains unmarrwd. she of coar» nttaint her pwernal sornime and arm^ and i«p^ wor^wK-i'"""."' nude by M,. S«oo in .fc, fcm„ editio. of tl» pmmt work. who. .p«k.„, only for hiaudf. I concw entirely in Mr. S«o«'. ««U ^nkTZx at r HERALDRY IN SCOTLAND Mnt» the hmdj. If, however, ahe should become vtuiu vir$, the retention of her MrtMHM and wim, wMi or witliout Ma^ m is fifvqaentljr pmctited by huebuidt and wivet, ought to bt indiipeniable a* an anertion that though entering hii family she his not deserted he own. Such a provision, as we shall afterwards have occasion to observe, is frequendy introduced into entails and other deeds of settlement; but it is ns c s s s sr y to admt to those CUBS where the possession of an estate is not dependent upon any special condition, or where the heiress of line inherits the armorial ensigns of her family unaccompanied by any substantial rights. Should her husband be a younger son, or should he belong to a widespread clan bearing an incon- veniently common name, even when there is no estate in qoeadon, he will probably not hesitate to abandon his paternal arms and surname. If, on the other hand, he should happen to represent some fiimily of distinction, his own surname and arms may be both retained and transmitted to his posterity along with those of his wife, in accordance with common heraldic practice. No doubt it would be easy to adduce an instance much less favourable to the claim of the heir of line. Instead of the heir-male being a remote collateral, he might, for example, be the paternal uncle of the heir of line ; but few rules universal application are free of the olgectimi that they arc leas suited to the peculiar ctrcumstaaoes of certain cases than of others. One of the learned Lords in his opinion on the case of Cuninghame was inclined to thinic that ' the chief armorial dignities shoidd follow the more substantial rights and dignities of the fiunily.' The obvious difficulty in the apfdication of the nde is dw want of data for the decision aa to whM are the more substantial rights of a fiunily. At the present day they are certainly by no means always the right of succession to its landed estates is'""'!*. CHAPTER XIII. THE SUCCESSION OF HEIRS OF ENTAIL TO THE ARMORIAL HONOURS OF A FAMILY. Entails of arm. to the gr«,t« .nd « np^ mrncfMnnnd «Kce,«r. notfound .„ the carli„t age, of ,r., «vc in the red™, of^ZT Bu^Tn^h ? ^"i ' *° ^•'^ ""'''^y »•» heirs. ine deKent of lands which thenceforth are to ao to h«n or h^im^U ^ th. «„ce«or who riuU bear hi. name and armr * °^ We htire drwdy noticed the ca,e of the enuil of the land, of Keith Man«hd ««1 the o«c of Mar*.! of Scothnd on th. hou. of Keith! .„ h» ddett heir-fcnwle .haU .ucceed it i. common for h;m to provide tl he ^ n««y . gentkm^ of th. «.t«Ier'. «.rn.me. or one who wU L t .urname and arm,. Sir George Mackenzie remarks that 'it i, most ordinar ... Scotland to Udye e„t«l]e,Ute.totheelde.t heir-fanale. .he . rrying o:.e w o shd° b«u- th. n«,. «d «n. of th. diH«o.r^. f^^y, J^^l who mame, that hmtrix or heirene. aa th. Eariidi nieak m«v ki-fi.L ^hedisponerWrn, according to the law, or:£Jdnn7n^^^ a. th. Fhnc. or hwlda: Yet lawyer, are voy poritiv. that their paction. > J»tt, p. tj. m i 356 HERALDRY IN SCOTLAND are lawful, el qui Uhms ium kt^t, potest in alium trantferrt suum ftudum m con£Aon€y ut adoptattu nomtn tt arma el insignia ferat ; and that because arms arc given, not only to reward the receiver's virtue, but to distinguish families, et quia adoptatus transit in familiam et agnationem aJoptantis. Some lawyers do here distingui^ betwixt htm who is so assumed or adopted by one of his own predecessors or family (for these surely may bear the arms of the adopter), and those who were strangers before the adoption ; and they conclude that these cannot have a right to the arms: And this is asserted by Hoppingius to be the common opinion of the best lawyers ; but I think it may be more jusdy distinguliht, whether the disposition be made to a daughter, she marrying one who shall bear the name and arms, for in that case certainly the children may bear the arms, for she was heiress herself ; but if lands were disponed to a mere stranger, not upon condition that he should marry a daughter, but that he should bear the name and arms, it may be in that case asserted, that the receiver of the disposition cannot bear the arms, for that was not in the disponer's power to bettow, except the Prince consent.' ' A case is reported which occurred towards the end of the seventeenth century, in which an entail of certain lands was made by a ftther to his three daughters successive (on the narri»tive that ' his estate of Stevenson had been very ancient in that name, albeit not great '), upon condition that, if the eldest did not marry one who should anume the name and arms of the fiunily, the next should succeed. The ddest daughter having fiuled to do so, it was found that the next might serve herself heiress of entail, even although there was no irritant clause.^ A simple provision by a testator requiring the assumption of his name and arms by his adopted heir was thought by Sir John Feme to operate according to the comparative nobility of blood of the heir and the testator; ' if the heir, a stranger, be of more noble blood and family than the adopter, he is then not obliged by the testament to disuse his own name ' Scitnc* if Heraldry, chap. ni. pp. 70-1. 'Stevenson r. Stevenson, t6th ]\iiy, 1677 ; Mor, Diet. is,475. See a lomewhat timilar provision, of a still more stringent character, in the marriage-contract of Hogll, fifth Barl of Eglinton, dated 1604. Prater's MtmttUli tf tie Mm^uuriti, i. JJ. ENTAILS OF ARMS own «„d, '.f the h«r be of inferior blood and dignity, he i, obliged to cave h, own na.e altogether, m hi. p„,per l/^xcept he ™^,hd hen, after the adopter or disponer's arms.- But Sir Geo.^ Mn^^zfc lays down the correct rule, that the conduct of the heir musf be g^^ entirely by the condition, which are contained in the deed : • WrenTp^ leave, h.. eatate to another, upon coalition that he should bear hfdTs poner s name and arms, he who is to succeed i. not by condition oMi^I t^ hy as.de h,s own name a,,d arms, but may quarter his own arms with'^o^ of the disponer. except the disponer do. in the institution, prohibit the bear- ing of any ^ beside hi. own. And the heir, in marshaLg his own^nd the d.sponers arms, may u« what order he ptoses, by giving the ex::Llt:h " disponerWept'tTe exprcMed in the institution. * ' And there is no doubt that in practice the heir is sometimes required to bear the surname and arms of the ent«l.r any other, and that f fe.u:ed by .ntant and resolutive clauses, such condition wiU ie eflmul • and failure to comply with the injunction would render the heir in pos^ ..on l«bk to challenge by the next person in the order of successior Tn one of the earhest recorded ent«ls-Cniufurd of Auchinames. i6,s^~ll . that'r^S ^ The deed '^.Z that the said had a.rs male and of tailzie and provision respcS^^Z wnt^jjlswed male as female, who shaU succeed In the foresli Jd and Told :"T. '"'^ mentioned, h^b^ ho den. astncted. „d oWidged. and be the «xept.tion he«of LaT^ obhge. them, to bear. use. and carrie the nanT^^d arms of Crford^ Auchinames. and no other nan.e or arn.s, in all time coming. ... Q1„ ^ hey fadzie. the partie fiukieor or contravenor. whether male or female hJl forfait. am,t, and tyne their right and .ucceMbn of ye forcMid Jds ,„d estate. The possibility that the heir in possession, under such a conditT rc""l1/° "T"" "-""ly entailed is expressly provid^foTr; the Cr^ghall entail. .7.8.* which contains the following provision: 358 HERALDRY IN SCOTLAND it is hereby provided that in caae any of my heirs of tailzie shall happen to succeed to such ane other estate as shall oblige them to use and carry any other Hamt and arms than the said name and armes of Hope of Craighall, and that therefore they wUl not accept of the said name and armes of Hope of Craighall, in manner foresaid, within the space of one year and day after the decease of the next and immediat preceding heir of tailzie to whom they may succeed ; that then and in that case, the said heirs so not accepting of the benefit of the present tailzie shall also forfeitt and amitt their right of succession.' The Lyon Register furnishes in the case of Lord Oranmore an example of the fulfilment of a condition such as that under consideration. In the year 1857 armorial ensigns were assigned to Miss Christina Guthrie of Mount, in the county of Ayr, only child and heir of tulzie of the late Alexander Guthrie of Mount, namely, in a lozenge : ^arterly, first and fourth, or, a lion rampant, gules, armed and langued, azure, surmounted by afess, argent, charged with a mount, between two edock leaves, vert: second and third, azure, three garbs, or, the usual provision being made for a crest and motto in the event of heirs-male. In terms of the entail executed by the father of the patentee, the heirs of tailzie and the husbands of heirs-female are required ' to assume and thereafter to use, bear, and constantly retain the surname, arms, and designation of Guthrie of Mount as their proper and only surname, arms, and de^nation.' Three years aftoivards, the Hon. Geoffrey Dominick Augustus Frederick Guthrie (formerly Browne) of Mount, afterwards Lord Oranmore, is entered on the Register as bearing the same arms, in consequence of his marriage to the heiress of Mount — the crest and motto provided for his wife's heirs-male being embraced in the relative blazon, viz. a dexter hand, erect, bedding a sword in bend, all proper, with the legend, ' Sto pro veritate' ' When the heir is not required to bear the name and arms of the entailer exclusive of any other, he may, unless otherwise enjoined, either add or pre- fix the assumed surname to his own, and marshal the relative arms on his escutcheon along with his other insignia. The various modes of procedure adopted in such cases will be mentioned in the following chapter relative to ' L)'on Register, v. 99, and vi. 14. ENTAILS OF ARMS and declared that the said lohn st, c. /790. «t n « provided shall happen to succ^d i ^ iL O"" hcirs-female, who :;eX^T::r ^^^^^^^ °' B...t-Tirjr ir: -joining ,^„,„„ „f '^!: ^ign„i„n of Mon™ of AU,„. co„„n, .H. fbl"™";,^':*.^^ In th. Duk. of A,g,u; „Mil. recorded in tiK ™» ITCU • th. mentioned, as well male as female and th^^d k • I «bove suc«eding to the Hghts of Thf I^d lltdt holden. obliged. a..d restricted to assume Uke and 1 ^ ^ Campbell, and to bear . j T ' '"rname of family of CJS" ' ""^ the house «.d t^^^^l ""T '° "^''^ ^^•■g^ Mackenzie refers. I„ the one .ntttnce, the name and designation, as well as the arms of th. H poner, are borne by a straneer u th« In^Lu ^ to the heiress of iLe • wJST^n thf o consequence of his nuuriage 36o HERALDRY IN SCOTLAND bequest, but abo by voluntary cession during life.' Edmondton remarks that 'a doctrine prevailed that the rightful possessor or proprietor being deemed to have, as it were, an absolute freehold in his coat-armour, as well as in hit lands, had an undoubted right to alienate or transfer the property and inheritance of both the one and the other; and, in consequence of this doctrine, the proprietors of coat-armour did frequently, to the exclusion of their own heirs, by grants, and that with a covenant of warrantry, convey, assign, and transfer not only such coat-armour of other families as happened to descend to them by right of inheritance as next heir, but the original and paternal coat-armour of their own family.'* These arms were, in other words, feudalized, the arms of the fief. Whoever sealed the charters of the lord of the fief with them, or raised them as his banner, the Courts and the vassals recognized them, for they never changed. Again according to Dallaway, * they might be assigned by a female, who was an heir-general, to her own husband, or to the husband of her daughter, who inherited her lands ' ; ' and Camden gives us a specimen of one of these grants executed in the year 1436.* Such concessions, however, appear to have been sometimes disputed in the court of the Earl Marshal, as in the case between Sir Thomas Cowyn and Sir John Norwich, and that between John, Lord Lovel, and Thomas, Lord Morley.* According to the present Law of Arms such an alienation cannot become effectual without the consent of the Crown, and the Crown could not give a valid consent were the alienation to affect the rights of any third parties who were not consenters to the transaction. Saving, however, the rights of these persons, the Crown still retains the power of making direct grants of arms (and supporters), and aho of permitting persons to use the heraldic > Several curious examples of these grants, during the fonrteenth century, will be found in Edmondson's Complete BoJy of HeralJry, i. 156. About the middle of the same century. Sir John Woodford purchased, from Sir John Nevil, the landi of Brentingly along with the arms belonging to the said manor — lablr, three fleurs-de-lis argent, returned into three leopards' heads guUs — and in the same coat-armour he appeared at * the getting of Caleys ' (a.d. 1347). ITttdfird CtMukry. {Gntlemmfi Msgtzitie, 1795, vol. Ixr. p. 184,) ' Complete Body of Heraldry, vol. i. p. » Heraldic I nf nines, p. 83. ' Remahei, p. j 2 ^ 'Amtis' keptltrofike C»rttr, vol. ii. pp. »6o, 370. MOIR F, GRAHAM 361 tney may wish to preserve. ' no j^';";'''^«'"'^»';Mu"tion between the heir-m«Ie.nd the heir ofline. he power d.sponmg fam.ly arms to a stranger. In the .ase of Moir of Leckie. whKh occupied theattention of the Court of Se«ion in the year , 70. there were no already existing anns. so no existing armorW right, to pre^r^e!'' e t^r P/*:^--'^; of Leckie had executed an entail of hi. ctate, .„ wh.ch ,t wa, declared 'that the heir, of tailzie foresaid, succeeding .n vrtue he«of, riuOl be bound to u.e the n«„e and title of Moi. of Uckie and that alone exclusive of every other name and title ; and to carry the any kmd. After the action came into Court, i .vas discovered that no .«ch «rm. were matriculated in the Lyon Office, and indeed it i. extremely probable that the entailer only a«um«l them to exi«. The purauer who was the he.r of entail, was the heir. .,o,ui successurus, only in In^^rl^f the estate, a. repre«nting one of four heirs-portioners. He appears to have been adviaed that, even when there were arms in a fam. yTw ! extremely doubtful whether they might be lawfully assigned to'he' r,Tf h"e r of7 "^"''""'y de.ccnded.;W sanpnnis, to the entailer's he.r of hne; and he accordingly suggested that the condition respecting the armorml bearing, 'rfiould be so modifiui by the Court as tr^ke it by the defender, who were the n«««| «,b«itute. in the deed, that it wa. a perfectly lawful condition in an entail to a stranger that he Ihould bear the granter s arm. ; and in support of their allegation they pointed to the .tatement of Sir George Mackenzie, which we Tve already quoted' The same parage w« al«, adduced by the pur.uer, in the cour« of hU pleadine. and there can be very little doubt that the doctrine which it inoUcatea^s' l*"r'!f °^ '''' *° ^''^^ °^ ^he defenders. entl^7 .. on ^^e pursuer, and the other heirs of ari^'o M .T "^"r •PPoi"'^"*' J« ""Ting the name and arm. of Moir of Leck.e ; and for that purpoae to obt«n fiom the Lyon ' Moir V. Grah.m, jth Feb. 1 794. Mor. 1 j 5,7. , p. 362 HERALDRY IN SCOTLAND Office arms ot that description, descendible to the heirt of entail of Leckie.' It is to be observed, however, that this case was characterized by the remarkable peculiarity of the entailer solemnly disponing arms which did not happen to exist ; and it is not very easy to see how any injury could thus be sustained by his heir of line. Moreover, the coat-armorial which was called into being by the authorities of the Lyon Office, in conformity with the ju(%ement of the Supreme Court, was specially intended for the hers of entail, whose right to use the same could surely not be challenged by the heir of line. But it is by no means certain that the same decision would have been pronounced had the entailer regularly inherited a coat of arms from his ancestors, the use of which by a stranger might perhaps be lawfully challenged as an invasion of the hereditary right and privilege of the representative of the family. Although there appears to be no recorded armorial competition between an heir of line and an heir of entail, there can be no doubt that many instances have occurred where the legal heir has been passed over by an snUU, in which the use of the relative surname and arms formed an essential condition in the succession to an estate. In all such cases, it necessarily follows that, if the heir of the entail takes upon him to imple- ment the provisions of the deed at his own hand, the identical coat of arms may be borne by two different families ; and indeed even in a com- paratively recent page in the Register we find an instance of this 'heraldic anomaly.' In the year 1847 there is an entry relative to the amn of Robert Scott Wellwood (formeriy Robert Scott MoncriefF) of Garvock, from which it appears that, in terms of a deed of entail, he abandoned his paternal urname and arms, and assumed those of WeUwood— the bearings of Wellwood of Garvock being duly blazoned in the Register, viz. argent, an oak tree, acorned. growing out of a well in base, proper. Cr«/— the trunk of an oak, sprouting out branc!:es, with the motto, • Reviresco.' The entry immediately following relates to Andrew Clarke Wellwood (formerly Andrew Clarke) of Comrie Castle, eldest co-heir and representative of the family of Garvock. who was authorized by royal license, dated 20th May. 1847, to take and thenceforth use the surname of WeUwood in addition to and after that of Clarke, ' in order to testify his grateful regard HEIR AT LAW F, HEIR OF ENTAIL 363 to the iTiemory of his mother's hmWy.' To him also the principal Garvock arms, including crest and motto, are 'assigned and confirmed the Lord Lyon, the male issue of Robert Wellwood, his mother's paternal grand- father, having become extinct.' ' Though both families, as it happens, have ceased to bear the arms in question unquartered, we had here for a time two families bearing arms, in all respects idendcal ; the one in virtue ot a deed of entail, and the other in the capacity •>f hdr-genenl, and both with all the authority possible. When a man thinks proper to assign his armorial ensigns to a stranger, cr a coUateral reUtion, or even a younger son, and thus pass by his legal representative, the latter has a title to insist that the grantee shall net use the arms without a clear and palpable mark of difference, so as to distin- guish them from the principal bearings of the family, whatever the provisions of the entaO may be. It is also pars judicis to see, even though he makes no move for his own protection, that no act should be perpetrated infringing on his property. It might be that to bear the arms with a difference would not be in accordance with the conditions of the entail, but that is no affiur of the natural heir who has been passed over ! The heir of the arms can undoubtedly protect himself; even if the henddic authority had already matriculated the arms in the name of the heir of entail, he has a right to have them expunged. It is very doubtfu! if th« Supreme Court would (as suggested by the pursuer in the case of Moir) modify the terms of a deed of entail so as to make it consistent with • the common law of heraldry.' If it finds that any provision of a deed infringes the rights of third parties, either the provision or the deed must go. ' Lyon Regitter, iv. 103-3. CHAPTER XIV. THE ASSUMPTION AND CHANGE OF SURNAMES. THE ORIGIN OF SURNAMES. The origin of surnames, like that of armorial bearings, has been variously accounted for. While some writers consider that traces of them are to be found amot^ our Saxon ancestors, their first introduction into this country is generally assigned to a much later period. According to Mr. Lower, ' The practice of making the second name stationary, and transmitting it to descendants, came gradually into common use during the eleventh and three following centuries.' • The same author, however, agrees with other writers in thinking that surnames were not established on anything like their present footing till the time of the Reformation ; and suggests that the introduction of parish registers may have materially contributed to their settlement. In some parts of the country, however, hereditary surnames vcre not in general use till a much later date.* Names and arms have been said to have been invented for the same purpose — of distinguishing individuals. Roughly speaking, the surname of to-day is taken as the index of the ^mily, and the Christian name the diferme, to use the heraldic expreswon, which distinguishes one member of the family firom another. To a great extent names and arms are so < Miugs m EwgBU Smrmmtt, i. 3 1. ' Even ai the present day they are said to be still unsettled amongst the peasantry in some districts of Wales, and among some seaboard communities in the nortli if Scotland in which John, the sou of, ity William Johnion, it apt to be known at John Willianuoa, and hit son, in turn, baptized William, it William Johnwn, while hit daughter it not Elixabeth Johnion, but Elizabeth Johnsdochter. ORIGINS OF SURNAMES 365 linked that a hmU who it expert in thoae things may know the probable surname of the wearer of a shield fixnn its b«mng.. though he hM never s«n the particular shield before. But as arms, as we have seen, fall short of /m;/«^ blood, so surnames may. for several reasons, fall far shorter.* The moat primitive form of rarmune is probably to be found in that numerous class which is applicable to the chiki befon be has done anything to merit a nickname or has any lands or trade to be known by, munely, the name that indicates that he is the son of his father. It comes to us from the patriarchal time of the nation, though it becomes fixed and herediury no earlier than any other. If the aumame of John was Johnson, that originally as^^rtcd nothing, save the genealogical feet that the John so surnamed was the John who was the son of a father of the same Christian name of John, and so distinguished him from at least many other Johns. From the date and the numbers of the popuiatbn existing when aurnames came to be fixed and descend from one generation to another. liunUiea of Johnson, WUhamson. and so on, must have originated in different parts of the country, without any likelihood, to say the least of it. that those who bore them were aU sons of the same John or William. Genealogically, therefore, these surnames, apart from the locaUty in which they are found, suggest nothing, for such baptism or Christian names at the date of which we speak were in general and independent use all over the country.* A surname taken from an unusual Christian name may, however, suggest the locality from which its bes'er comes, and in its own tocality may point specficaUy to his ancestry. Surnames arising from an ancestor's nickname or sobriquet are in this last respect similar. The surnames Black, White, Reid, Brown. Long. Strong, etc., if they imply something distinguishing «n the eponym, may arise almost anywhere. By search, of course, it may be asceruined that a surname which seems to have arisen in this way IS found in early times only in one place. Sciymgeour (Skirmischar, • It_ i, remarkable how many people require to be told that potscMion of a surname doa n"o p::::::r2r:;,;: ""^ « ,„y « .u. * i.^ 'Some turaames coafiuible at time, with thi. ck«, are mentioned below among territorial names. 366 HERALDRY IN SCOTLAND S:rims«or, etc.) is believed to be a turname derived from a single Moree.' What haa been aaid of these surnames applies with, if possible, greater force to aumames derived from employment, as the surnames Stewart,* Comtibtc. Mmhal, DonMfd, Smtth, Wright, Carpenter, Fuller, Ferrter, Pbrter, Brewster, Baker, Glover, and so on. The advisability which existed over great parts of Scotland during very many generations of belonging to a powerful clan resulted in the assumption of the dan ■itrmme Campbell in Aigjrll, Micdonald in the lalea, Kennedy • in the south-west, and so on, by persons who merely lived in these districts, and were, in fact, of no kindred to the chief whose clan they attached them- selves to, whose protection they claimed, and under whose banner they fought.' A large and moat important daas of sumiines is territornl. The Sexon and Norman houses of Graham, Douses, Lindsay, are of thb cbss. Hare again the name may be borne for other reasons than that of blood descent from the chief of the name. The ducal house of Gordon derives its surname from the landa of the name in Berwickshire. But it is quite conceivaUe that a subsequent strainer owner of the seme territory, now no longer in the original hands, might come to be known as de Gordon. Case* of territorial names as marks of mere local derivation are also common, such as Glasgow, Aberdeen, Lcudoun. Surnames which, like Johmton, end in * ton,' arc occasionally of thb class, and are so sometimes even when the * t ' Ims come to be omitted.* ' The extraordinary surnames, of which England produces so many, such, for example, as Allbones, Baby, Coffin, Chur:hyard, Deadman, Fudge, Gotobrd, Littleproud, Puddle, Scamp, Slaughter, Startup, Swindltr, Twentyman, ani WiUblood, .- ;irobably many of tkttd oaijr local corruptions, innocent or playful at times, on names of entirely different imports. ^ Hence thr old popular saying, ' A' Stewarts are no sib [related] to the King.' » • Twin Wigtonne and the town o' Aire, And laigh down by the cruive of Cree t Yon shall not tget a lodging there, Except ye court wi' Kennedy.' ♦There is al>o the saying, ' A' Cam'ells are no sib to the Uake.' 'Names identical in spelling may belong to different classes. Thus, one person of the name Stevenson may be descended, as his name seems to imply, firom an ancator called Steven, as the Robertioni of the Clan Donachie are descended of a noted Robert. Another may owe hit Hurname to the fiKt that bit ancMon acquired and posscsied the land* and place ALTERATION OP SURNAMES STATUTORY IMPOSITION OF tUMfAMII. ftrlmment hu occwionally .tepped in either to preKribe or proKribe a •urnwne. On loth May, 1527, it made a lutute of the tormcr kind Berton, ton of Robert Bcrton. of Omberntoun. waa aiSanced to the daughter and heirei- of Mowbniy of BernbowgiUl. Robm BMon the younger was territorially nearly a novus homo. Berton the elder i»d been an officer of the Royal Household, familiaris servitor to the King, and h«l r^y«l Ov«*erton fiom him in 1507-8 on the recognition of theae and. from Sir W.lli.« DuwIm. The Mowbmy. of fcmboivl w« an auld honourable house and [had] done our sovereign lord's predeceasors gude serv.ce in wars and otherwise.' By the appointment (appunctuwnent) beti»«en the seniors by which young Berton was to marry the heiress, her house was not to pessfirom its surmune; hewM th«efiwe to uke the surname of Mowbray. So hir as the. minutes of PWiment inform u. the »rwment might have been an ordinary case of a provision in a marriage contnKt. bat in this preamble the King and Rirliament were asked to « create and name Rob« »«ton younger to be of the surmune of Mowbrayi,.' and to 'win that he bruke [hold] i>" smd surname In time to come, and he to be caUit Mowbray commonly amongst all his [the King's] lieges.' And Parliament agreed and did so.' In the same way, in 1581. after Edward Maxwell, younger sw, of John Loid Henries, had married Margaret, the daughter and hcress of Bailhe of Lamington. Par«am«,t decerned and ordained in imple- ment of the spmt. at least, of their marriage contract, that William Maxw^ to be callit BaiOies of thar surename. And nevir to rewoke the samyn nor to retawe any other surname heirefter' (158 1, cap. 40). orftomS»e»t««oBmA/r.h.re,K.nmedlhmiSteiJw» In tJii. U« cue STLE!^ of ,he «me cl«. « ,h. «„«»« Ab.H«. iCaik, A«p». piS; ^ Act of Pariwrnent w, „eceM«y ,o Berton to «««e U« wme. ButtoTJ heir* rather than of Benon. "««ree oi MowDray or hjt 368 HERALDRY IN SCOTLAND TWO STAT JTORV PROSCRiri'lONS OF SURNAMES. After the Gowrie Conspiracy, and treason trial and conviction of the dead earl and his brother Alexander Ruthven, Parliament pued an Act - 1 600, cap. 2 'abolishing the ■iirname of Ruthven for ever,tnd even changing the name of Ruthven Cude to Hunttngtower. Clearijr Pariiament remem- bered the previous 'Raid of Ruthven,* 23rd August, 1582. It declared that 'the surname of Ruthven has been so naturally bent these many years bygone to attempt most high and horrible trcMona thflt hi* Majesty is thereby brought into vehement •utpicion of their whde nee.' The Act then continues that the King extinguishes and abolishes the surname for ever, from two motives, the one of which is to extinguish the memory of the guilty, and the other of which is to ' remove the blott that with the •umame m^ht fcXkm tuch of hit hi^ncw't liegee M* are innocent. The mott extended and important imtance in Scottish historjr of the proscription of a surname is the famous case of the attempted suppression of Clan Gregor. The Macgregors had crowned a long record of turbulence by slaughtering the forces of Sir Humphrey Colquhoun of Luss, which had been raised for their punishment. The battle was fought on 7th February, 1 603, in the glen, now known as Glenfruin— the Vale of Lamentation — in the neighbourhood of Loch Lomond. Of the Colquhouns 140 were slain. On 3rd April the Privy Council passed an ordinance aboUshing the name of Ma^regor, and enacting that none of the clan nor their posterity should call themseh it on pain of death. The Council passed several further Acts, and all c ratified by Parliament in 161 7, cap. 26. Parliament declared that * me bare and simple name of M'Gregoure made that whole clan to presume of their power font and strength and did encourage them without reverence of the law or fear of punishment to go forward in their iniquities.' To the Acts of Privy Council the Act of Parliament added that if any person who had abandc ed the surname ventured to •Vol. iv. p. 213. The proscription of the name, which wa» never entirely tocceMftll, was formally rescinded by the Act of 1641, cap. zio, on the occasion of the restoration of the Ballindean branch of the fiimily, which during the rabrittence of the Act had called itKlf Rowanc. CHANGE OF SURNAME 3^ rwume it. or If hit poMrity rWurMd to it thty ihottld incur the pain of death. The Macgregori assumed varioua turnames. Some of them that of Campbell, tome Drummond. Graham, Murray, and Stewart, and numbers aMumed names which mn not distinctive of any particular clan. The proscription of the name was rescinded by Parliament in l66l, cap. 176, but revived by 1693, cap. 62, and not finally abolished until the year I7«4, after it had been for some years in practical desuetude. The contequencet of these .\cts of proscription are not at all a matter of anc.ent history to the herald. It -s impossible to know the day on which some real Macgregor may appear claiming his membership of the clan, nor under what incognito he may have been all this time living.' Early in the year of the union of the kingdoms of Scotland and Kngland 'William Pyet and hU Kinsmen and Relations* applied to Parliament to allow them to 'assume and use our ancient Sir name of Ciraham ; and to discharge [prohibit] the Ignominious Nickname of Pyet m all time coming.' They suted that in the unhappy differences which m the previous age 'did frequently All out betwixt the clans,' they had been driven out from their home by their neighbours, and had been obliged to 'cover themselves under the sirname' which they now prayed to be relieved of. Pyet is the Scots name for the magpie, so named because it is piebald. But the 'ignominy* of the sobriquet lay in no suggestion merely of patchiness in colouring. The magpie war a bird of ill-omen. Wodrow records as one of the prophecies of Arch! lop Sharpe's unhappy ending, that long previously the Duke of Lauderdale had predicted of him that he would not die a natural death, because when he walked he had a • hopping like a pyet.' / ' 4i' *f ^' P'"'^"'- "^"^ '5- Gibwn, Esq., R.A.. the eminent 7 r "f ScottUh extraction, being descended from the da., Macgregor, and »vho»e grandfather was forced by the strife of the time to awime tile .unan>e of Gibson in lieu of hi, patrony«ic-w« the k>i> of . m«k«t gtrdener at Conway, ... N-'H Wales, where he wa. bom in 1790.' Gm. M^. for March 1866, p. 4,8. Kobert Lou., Steirenwn amused himself from time to time with the speculation that jame. Sterenwn in Glasgow, my first authentic ancestor, may have had a Highland [videlicet M«Gre,or] a/,as upon his conscience and a claymore in hi, bacic parlour.' X^rd, •/ 4 timtiy ,J tngiwer,, included in vol. avi.i. of the Fdinbargh editif^n of hit works. 3* HERALDRY IN SCOTLAND The deliverance of the Parliament was naturally indulgent ; it not only • allowes ' the petitioners to resume the name Graham, hut ' discharges the nickname of Pyet.' The Pyets, however, do not appear for very certain to have gone to Parliament so much for authority to make the change as for publication that they had made it. To cease to be Pyets and begin to be Grahams ' We cannot do,' they said, ' having Trade both at Home and Abroad, without a Publicic Act whereby the Traders with us may be certiorat.' ' At a somewhat earlier date a &mily of Souter (Anglic^, Shoemaker), belonging to Scone, obtained an Act of the Scots Parliament, 1663, cap. 26, allowing them to change their name to Johnstone, which surname, they stated, their ancestor had had to abandon in the year 1460, when leaving Annandale ' upon some discontent.' Isaac Nathan, the author of Jewish Melodies, was one of two brothers, revolutionary Polish Jews, of the surname of Mona, who in their flight from that country changed their names, and so lost sight of each other for ever. A change of name has frequently been resorted to for the purpose of concealment in consequence of the commission of political or criminal offences. Family estrangement has sometimes been the reason. The practice was not unusual during the English civil wars, when the Blounts of Buckinghamshire assumed the surname of Croke, and the C^rringtons of Warwickshire that of Smith.' In like manner, during the contentions of the Houses of York and Lancaster, different branches of the same family were '"-equently attached to opposite parties, and were sometimes induced to adopt new arms, and occasionally new surnames, ia lieu of their paternal ensigns and relative patronymics." The ancestor of the Fraser-Tytlers of ' Act. Pari. Sm. 7th M.irch, 1707, xi. +37. •'•"J App. ill. » Fnller'i MVrtw, p. 51. 'See Dallaway's Heru/Jic Inquiries, p. 127. 'Sr Wm. DugJalc st.ites th,it Robert Wright, the illegitimate (?) son of Lidj- Purbeck, who was afterwards called "\'illicr» a/us Wright," having married Elizabeth, daughter and heiress of Sir John Danvcrs, one of the regicides, obtained a patent from Oliver Cromwell 10 abandon the name of V'illicrs, & to assume that of Danverj, upon his allegation of hatred to the name of Villiers, in consequence of the injuries which that &mily had done to the Commonwealth.' Nicolas* itftc t/ AMttriue BattarJy, p. 96. CHANGE OF SURNAME 371 Belnain is said to have been George, third Lord Seton's chaplain, himself an ofFshoot of the Seton ftmily. The chaplain having slain a gentleman of the name of Gray, m a quarrel at a hunting-match during the reign of James IV. fled to France. Having committed the ecclesiastical irregularity of shedding blood, and mdeed, perhaps, of being in the hunting field at all, he added thereto the third irregularity— perhaps then not so unusual, of having posterity. In ordinary cases his sons would have been surnamed Seton. He had, however, now assumed the surname of Tytler, which his posterity retained. The armorial bearings of the family are considered to bear reference to the derivation of the house, and the cloud under which for a time it remained —the first and fourth quarters of the escutcheon being between three crescents or (the ensigns of the Setons), a lion's head, erased, argent, within a bordure of the second. Cr«/— the rays of the sun issuing from behind a cloud, with the motto, ' Occultus non extinctus.' ' Again, according to Nisbet, * they of th» surname of Dickson, as descended of one Richard Keith, said to be a son of the fiimily of Keith Manschal, took their name from Richard (called in the south country Did), and to show themselves to be descended from Keith Earl Marischal, they carry the Chief of Keith.« ' A number of surnames have been explained as having been conferred or assumed to commemorate remarkable exploits. The first of the surname of TurnbuU is said to have been a powerful man named Ruel, or Rule, 2 u "''8'" °^ •'''""-'^ f^-i'y « ^"tcd in the text. • We Jlrh ,h 't r'"" f °' 1"""°"' in the form in « hRh the Tytlers accept ,t.' Es,ays/,vm tit QMrtfrfy, p. 369. He, however, did not observe that the Tytler. cUim decent, not from 'George, third Lord Seton. ,s he .nfen. but from hU rA^. Though the tradition i,. a, Mr. h/hh y Po^Tts our, not recorded .„ Ti. Hut^ ./Mr H»u ./ S^ytcun, and is vouched for so Z aw.« by no wnnn, earlier in date than .;88. it may therefore. ,0 far as the revfew 1^ - Sjiim o/HtrtUr,, i. 74 j ,1,0 MKdtuaie't HtnUrj, chap. x. Tytlcr quarter in the Arms of Frawr-Tytler. HERALDRY IN SCOTLAND who turned a wild bull by the head as it was about to gore King Robert Bruce in Stirling Park ; for that loyal service he obtained from the monarch the lands uf bedrule in Roxburghshire, along with the surname of Turnbull. In further commemoration of the event, the family of that name have ever since carried one or more bulls' heads in their armorial shield.' The sur- name of Stark has been derived from a similar achievement performed at a later period of Scottish history. It appears that a member of the fiimily of Muirhead was the means of saving King James IV. from an attack by a bull in the forest of Cumbernauld, when, on account of his strength and prowess, he received the surname of Stark.' 'n order to indicate their descent from the Muirheads, his posterity bear, as arms, a chevron between three acorns in chief, for Muirhead, and a bull's head, erased, in base.* The case of Scrymgeour has been mentioned already.* Whatever provisions may exist in private Acts of Parliament which might be construed, as in the Berton- Mowbray case, to impose a surname on any of the parties to them, no public statute now subsists which interferes with the fimdom of the li^es to make their surnames the matter of ch There ii no doubt that King Robert granted a charter of lands on the west of Fulhop- halche (Philiphauch f) to William called Tumebule (Willielmo dicto tumeHule). But the name i» frequently spelt Trumbul, and at times Trombel and Trimble, a ;it i!u earlicat arm> \\c have seen — those of Agnes Trombel, a.u. 1497, arc : Ermine, three bars, ti:e centrt bar being charged with a star flanked by two ermine spots. (Macdonald, 179Z.) Williain Tnimbul in Dalkeith in 1603, bears, however, a bull's head erased. (Macd. 1793.) ' Strong, athletic. »Niibet'» W/w/atry, i. 332-3. 'PagLai. CHANGE OF SURNAME 373 place in only three generations of male descendants, soon after the Conquest. The practice in question, as well as the adoption of new arms, is severely criticized in the following passage from the Rawlinson MSS., in the Bodleian Library, Oxford : ' This book is collected and made onlye to showe the alteracion and differences of armes in former tyme borne and used of the nobilitie of this realme : for proofe it was usuall that if a Baron or Peare of this realme had maryed with an enheretrix of a greater house than his owne, he or his sonne would leave their owne armes, and beare their wyfe or mother's as his cheefe coate; likewise a younger brother, havyng maryed with an enheretrix by whom he was advanced to greater dignytie than his elder brother, dyd use his wyfe's coate armour rather than to beare liis owne, with a difference ; by which examples it is manyfeste that the erroure of these bearings of signes did not growe of norance of the officers of armes, by whom it was to be reformed, but onlye by choyse and selfewill of the nobyllitie themselfes, in pleasing their fantasies and obscuring the true signe of their progcnitours ; this abuse and ignorance being joyned with another as common and as ill as the former, which was, if a man had three sonns, the one dweUing at the town's end, the other at the woode, and the thyrde at the park, they all tooke theyr surnames of their dwdlinge, and left their aunciente surnames ; which errour hath overthrowen and brought into oblivion many auncient houses in this realme of England, that are neither knowen by their name or armes.'* It has sometimes happened that a great matrimonial alliance did not necessarily imply the change of both name and arms on the pa. t of the husband. Thus, as it is related, the heiress of the Percys, in tLe reign of Henry II. (i 154-89), married Josceline de Louvaine, a son of the reigning monarch of Brabant, on condition of his changing ei/ker his name or arms. Relinquishing his surname, he retained his paternal ensigns, which have ever since been carried by the noble house of Percy. An eariy Scottish instance of a provision relative to the change of both name ^nd arms occurs in the indenture, dated 1388, between Sir James Douglas, Lord of Dalketh, and Sir John of Hamyltoune, Lord of Cadyow, rektive to the contemplated marriage of Sir John to Jacoba of Douglas, Sir James's second daughter. ' Quoted in Dallaway't Htr»UU Infutritt, p. 118. HERALDRY IN SCOTLAND The deed declares, inter alia, that, ' if, by any unfortunate chance, it happen the said Jacoba, by the death of her brothers or otherwise, to come in future times to the inheritance and lordship of the said Sir James her father, which God fotbid, both the parties foresaid will and grant that a son, whether cider or younger, who may survive between the said Sir John and the said lacoba, procreate or to lie procreate lawfully, shall receive and enjoy that inheritance, assuming the surname of Douglas and the arms which the foresaid Sir James bears of hereditary right.' ' Two hundred years later (1584), we meet with a curious case of adoption, involving a chi.nge of surname, in a deed by John Charteris in favour of Henry Lindsay, in which the former thus expresses himself: 'Seeing, by the will of God, 1 have iia heir of mi bodie, 1 adopt ane noble youth, Henry Lindsay, brother-german of a powerful lord, David Earl of Crawford, as my adopted heir, and he taking the name of Chartris, I have given him the barony of Kengnore and mansion called Chartris House, in the county of Stirling.' - Prior to the Reformation, ordination was a regular occasion of change of surname, it being then the fashion, according to Holinshed, 'to take awaie the father's surname (were it never so much worshipped or ancient) and give the son for it the name of the towne he was born in.' Thus, in the case of William of VVykeham and William Waynflete, the patronymics of Longe and Barbour were entirely displaced by the clerical names under which they have always been known. The paternal names of our Scottish historians, John of Fordoun and Andrew of Wyntoun, arc unknown. « Attention to detail in the spelling of a surname is entirely modern. The herald and genealogist must often wish it had been introduced much earlier in cases of names that are of common occurrence. It is true that the varieties of tl name Smith, Brown, Tailor, Cunningham, Mackintosh, and so on, which have been found possible, and are now adhered to punctiliously by their owners, to the adding of care and sometimes sorrow to their fHends and correspondents, are inadequate to distinguish all the ' Innes* Skeuhes tf Early Scotch History, p. 554. - Kil^v'.h Cli.irtcr , 29th November, 1584, quoted m L.iingV Cmlogue of Scottish Stals, No. 174. I he charter of the same date, confirmed under the Great Seal, i8th November, 1598, does not mention the 'barony of Kengnore.' CHANGE OF SURNAME 375 bearers of these names. But so iar as they go. if they are adhered to so as to become fixed types-and all the Smiths don't change into Smythes nor ail the Tailors to Tayleures.' the differences they create will be a help, and the herald and genealogist as such will not look too narrowly into the .notives of these changes of spelling so long as they are not the causes ot confusion or create a false impression.* What he thinks of some of them he may say at another time. Alterations of names, however, are at times the causes of great difficulty to both the genealogist and the herald ; and we may take for examples of the changes we refer to now, the substitution of Belcombe, De Winton and M'Alpine, for Bullock, Wilkins, and Halfpenny. To desert a surname which has no known ancestry connected with it and which is itself ridiculous, is an act which cannot well be criticized, bu^ to take a similar surname belonging to some one else and implying a deri- vation which does not exist is not commendable. The gradual change attrition, and corruption to which surnames are liable is exemplified by thJ surnames Veitch and Weir, the modern forms of the much more stately De Vesci and De Vere. De Montealto and De Montefixo have become Mowat and Muschet ; while De Vaux (or De Vaus) and De Belassize have become Vans and Belshes. It was thus only a partial return to an older spelling when Mr. Hope Weir changed his name to Hope Vere A change from Brown to Broun, from Tailor to laylor, and Cuddy to Cuthbert are all equally defensible. Mr. Hubback mentions several examples of the partial variation of names in consequence of unsettled orthography;' but among the most •Camden a«:rib« the motive of such changes of surname „. a desire 'to mollify them raliculously, lest their bearers should seem villilied by them.' • D\,utres anoblissent lour surnom de quelque particule lor«ju'il, deviennent riches, .i 1 exemple du pauvre Simon dont parle Lucian. qui itant devenu riche. voulut qu'on le non,- mast Simon.des pour amplifier son nom.' TraUi de POnpne de, N,m,, par De la Roque, p 87 •Cosmo Innes mentions the case ot an Irish gentleman of the name of Morris, living 1 ar,s, who assumed the surname of De Montmorenci, and persuaded hi, relatives to follow •.. example ; ' but the descendants of the/r,«/rr W CkrMen called a council of the family ..nd pubhshed an Act enumerating .11 th«e whom they recognized as genuine, in which th Irish cousin, were not included.* Ei 'idtn-t o/Suiitiihii, p. ^58. e 376 HERALDRY IN SCOTLAND remarkable instances of such a practice are the various spellings of the sur- names of Lindsay, Stirling, and Montgomerie, which appear to have respec- tively presented themselves in no fewer than 88, 64, and 44 different forms.' Even at the present day, t**? same person has occasionally been known, from time to time, to alter the spelling of his name, through ignorance, indifFer- cnce, or caprice : a practice, we need scarcely add, which is not only very silly and unmeaning, but one which, at some future period, may perhaps involve his descendants in considerable difficulty with regard to the proof of identity in cases of disputed succession. In the case of the Berkeley Peerage, it appeared that the Countess of Berkeley and her brother had adopted the name of Tudor in lieu of Cole, and the date of this change constitute;^ a very imporUnt question in the proceedings before the House of Lords.'^ In the United States of America, the changing of surnames has taken place on a scale unprecedented probably in any country, and is still going on. Many causes contributed to it, but the result to the genealogist and herald is one — confusion. One of the present writers when recently in America ascertained of a femily of the surname of Jones, in Amsterdam, State of New York, that they are full-blooded Russian Poles who had never been on British soil. When, at the end of his first week's work on a railway track, in America, the father came to the gaffer for his pay he was asked what his name was. He replied tsky. 'No,* s«d the gaffer, 'that's no use here— your name is Edward Jones.' In a generation or two it is inevitable that, with the help of ' knowing ' or rather imaginative friends, the family with its new British surname is tempted to • reconstitute ' its family tree. Then comes the trouble and disappointment at the hands of the genealt^st at * home,' videlicet in Great Britain.' Change of surname in America is at times accompanied by a change of > See Lhes o/tte Lnubaji, i. 41 J ; Tk* SHrBngs t/ Ktir *nd tkirfamtf f*ftn, p. J4* 5 ""^ Mrmoriali of fie Mcntgomeriet, Earli »/EgSw$m, ii. 366. See Minu/ei 0/ Evidence, 1 8 1 1 . » See Scetlitk jinlijuary, vol. xiv. p. 189, art : 'Modern ' egends of Antieiil i -^igrees.' CHANGE OF CHRISTIAN NAME 377 ChrisHan »«i»#-which in the mother^ountry is regarded as immutable.' For a man to cut himself off entirely from his past there may be in cases a gocJ and sufficient reason; but 'the forwardness with which the commonest persons thrust themselves (by implication) into known and well-cons.dered ftmUies, and endeavour to identify themselves with cmment md.viduals. is equally remarkable.** Thus. Allan Smith becomes Allan Iz/ard ; Timothy Leary, Theodore Lyman ; Sarah Robbins. Adelaide Austm ; and Nancy Tarbox, Almeda Taber. Again. James Colbert is transformed into Colbert Mortimer; Curtis Squires into Pomeroy Montague; and Clara Frinck into Clarissa WUson-while Horace I'.sh and h.s beloved partner Rhuhemah adopt the more euphonious name of Tremont. Hogg is converted into Howard ; Death into Dicken- son ; Grunsel mto Crowinshields ; and Tinker into Buckingham ! Mr Wormwood asks permission to change his name for something more agree- able ; 'certam,' as he quaintly says, 'that no member of taste will oppose h.s request; Alexander Hamilton petitions for leave to change on the double ground of the inconvenient length of seven syllables, and of his mabihty • to support the dignity of a name so fiimous in history ' ! ' This last case has sound reason in it besides humility. Change of name may become advisable from mere change of residence. The surname Funck may suggest something bright and sparkling in Germaa, and something merely the opposite of courage and assurance in fcnghsh. It » manifesdy ridiculous for anyone with no hereditary rights to assume some of the names that are assumed ; but it would be as un- reasonable to object to anyone abandoning any one of some of the names which we find discarded. If a name has become a drawback it ought to be dropped. ^ Probably the most firequent occasion of change of name in modem 'See Hubback's £r,Vm, o/Succe,.hn, p. 450. It i. of course impoMiWe for . num to iJter _ S»r'.sm name after he h« been baptiied. When he Uke, . newjJb/ ^ it en «.ly be , l-optum name .f ,t .. given to him in . ceremony of b.pti.m. ««')' » a ^ HtusthU Words, xiv. 433. ' The Alexander Hamilton of histoiy wa, the man of Scottish descent who i, generally acou tyitem of Church goremnwat aic diKenicd. 378 HERALDRY IN SCOTLAND Britain, at least, is in obedience to testamentary injunctions and the provisions of deeds of entail, to which we have already referred,' in which, with the view of perpetuating his name and family, the testator or entailer has pro- vided, for example, that the several persons called to the succession, including the husbands of heirs-female, shall be bound to assume his surname and the relative armorial ensigns. In some cases, as previously stated, the terms of the condition arc such that the surname of the entailer must be home to the exclusion of every other, while in others, it merely requires to be assumed, the heir having thus the option of either adding or prefixing it to his own name, unless the precise position is expressly pro'/ided for. In the substitution or addition of surnames, particularly under the pro- visions of an entail, it frequently happens that only the heir assumes the new name, and in the case of a married heir-female, her husband also, who thus becomes, in the words of Sir George Mackenzie, ' a child of the family ' ; while the children — excepting, perhaps, the heir-apparent — retain their patronymic without any alteration. The same author, however, remarks, that ' though it be ordinary to make the eldest son only to bear the name, yet it seems very reasonable that even all the younger children should bear the name, if they get any patrimony out of the family, unless they can prove they were provided a/iunJe.'* It is certainly somewhat anomalous to find two diflfercnt surnames in the same family, and in some cases the arrangement must be attended with ceruin practical inconveniences. But, on the other hand, as the change is not compulsory, no one can complain it > The herald, before matriculating arms un the strength of an entail, i» obliged to see that tiic petitioner i< re,'\llj' the heir of the entail. In the English case of Barlow the House of I.orits, rcversinj! the M-ister of the Rolls, found th.it the provijion of .1 will that required the licirc o to m.irrv .1 hu^hu^d of llie n.inn; ol Harlow rc-trici , d lier to .i luisb.iiid who I1.1J inherited that name or had had it conferred on him by Act Parliament, .ind ih.it the provision was not satisfied by her marrj'ing a man (Bateman) who voluntarily changed h\> n.mic to Barlow. — liarbtv, 4 Brown, Par. Ctsti, 194. In the case of Leigi it was found that the devisor in restricting the heirs of his inheritance meant only those of the name who were his agnates — rcLiiives through males— and did not mclude eren the nearest cognate, though he had formally altered his name to Leigh b} royal licence. 2 Mackenzie, Treatise ofTaiirtei; H'erh, ii. 490. The members of the house of Balfour of Pilrig, who, as well as the immediate heir of entail, recently added the surname Melville to that of Italfour, acted in aciordance with this dictum. SOME CHANGES OF SURNAME 379 it is not made; and thus the obscuration of pedigree is minimized, while, at times, the fame of an ancient house may be mcued from oblivion. Tlus ,s particularly the case where the patronymic is entirely abandoned ; Init, of course, where it is retained along with the new surname, the objec- tion is materially modified. Independently of the provisions in enuils and other settlements, surnames are fiequently assumed by persons succeeding to property, i„ compliance with the known wishes of the former possessor, or out ot respect or regard to a relative or benefactor; and in the case of a marriage, the husband sometimes voluntarily assumes his wife's surname and arms, especially when the latter happens to be an heiress and the former .1 cadet. Instances sometimes occur which illustrate a combination of rever- ential and matrimonial motives. Thus, a certain landed gentleman in South Wales, the 'only son of the late Rev. David Harries,' assumed his maternal name (Davys) on his succession in 1832; and, fifteen years later, he made another change by the addition of his mft's, viz. CampbeU-the assumpUon having been, apparently, quite voluntary on both occasions. Accordingly by means of two separate processes, Mr. William Harries was transformed mto Mr. William Campbell-Davys.' We have another example of the adoption ot the maternal surname-one of the two just mentioned-in the case of the gallant Lord Clyde, better known as Sir Colin Campbell. At the of his installation in the House of Lords, public attention was calk -he remarkable coincidence of so many distinguished individuals concerned in the ceremony bearing the name of Campbell, viz. the hero himself, the Bishop of Bangor, who read prayers, the Lord ChanceUor, and the Duke of Argyll, by whom Lord Clyde was introduced. No doubt, in his original commission, which was procured for him by his maternal uncle. Major Campbell, he was described as 'Colin Campbell,' which surname he .s said to have adopted with the consent of both of his puents ; but in point of fact, as the Birth Register of Glasgow clearly proves, he was the 'lawful son of John M'Liver and Agnes Campbell.' ' See WalfordS CiHitiy Fami/in, p. loi. J TlK. u.ual ulc is th.u uncle, Major Campbell, took occasion to present him one d.r .,d he « s aUvavs g ad to receive another Campbell. After the interview the M.jor advi J the boy that the Duke must not be ihown to hare nude a mirtdte! ;8o HERALDRY IN SCOTLAND In Scotland, down to the eighteenth centuiy, married women are (band signing legal documents and private letters addressed even to their own husSands, with their maiden surnames. The practice is entirely altered in favour of the signature of the Christian name, or initials, and the husband's surname, even in legal documents;' but in Scottish deeds, it is correct that a party who is a married woman should be dtsmM hf both her maiden and her marital surname. RKLATION OF DOL BLK SUKNAMKS TO QL'AR TF.Rl' l) ARMS. In the same way that there are diflffrent ways of niarshalling the arms which fall to be assumed with a surname, there are different modes of assum- ing the new surname, viz. : — (i) as sole surname, (2) principal surname, or (3) secondary or subordinate surname, and as a general rule, the resulting name and arms du and ought to correspond. It seems somewhat paradoxical to say that the most important name goes naturally last, and the most important arms, which are generally those which accompany it, go therefore first. But it is merely a statement of the fact that in each case the most important is generally given the principal place. In some cases the places of honour are given to both the added surname and arms. Thus, the Earl of Seaiield, who is a Grant and whose surname is Grant Ogihie, follows the rule, and places Ogilvie iu the first quarter. The same course is followed by the Gibson- Crti.iii m.v.ik-.' 'I here w little left to desire in this respect in some partJ of the country and in some circles ! Hut what ii contemptuouily called the ' doable-barrdled surname ' has operated alio to relieve the titiu- tion in (Ire.it Itrituin, ' Williams' Rfforti, iii. 64. -Leigh r. i,cigh, 180S; \ ese}'s Riforti, xv. 92. RIGHT TO CHANGE A SURNAME 383 upon him/ • In a sttti more recent one, Chkf Juttice Tindal it reported to have said, that ' there is no neccMity for any application for a royal tign- maruul to change the name. It » a .node which ,>er,on» often have recourse to, because it gives a greater sanction to it. and makes it more notorious; but a man may, if he pleases, and if it is not for a fraudulent purpose, .Ice a name, and irork hit way in the world with hit new name at well as he can.' -' The same principles have been announced in all the cases which have occurred in Scotland. When the party changing his name wa. a Notary Public, authority hat been given to him to tign notarial instruments with his new name. But this has always been given on the narrative that he had already validly assumed it. Thus, in the case of .Alexander Kettle, a Writer to the Signet, who, in the year 1835, presented a petition to the Court of Setiion for permission to assume the surname of Young, the Lord President jH<,,K) said, • In the case of a Notary Public I have teen tuch applications. l)ut not .n any other. There is no need of the authority of this Court to enable a man in Scotland to change his name"; and the application was accordingly withdrawn as unnecessary. The decision made no reference to the fact that the petitioner had previously obtained a royal license to change his surname, hut proceeded on the general ground that he was entitled, ex propria motu, to assume any name he chose.^ In the later case of Harry Inglis, another Writer to the Signet, to whom authority was granted, m the year 1837, to assume the additional name of MaxweU. the petition concluded for authority to use the propped name in subscribing, among other things, 'instruments.* By these are generally understood Notarial Instruments.* In the subsequent case of Kinloch v. Lowrie » the pr.nci,-.le enuncL^.trd in Kettle's case was adopted by the Lord Ordinary (Cowan) and acquiesced in. to the effect that 'a person may sue under a new name assumed by himself, even though assumed without any royal or judical authority.' ' Even as regards the Christian or baptismal name this ' Barnewall and Alderson'» Rtftrts, v. 344. -' Davies r. Lowndw, 1835 ; Bingh«m'. New Caiti, i. 618. I.? Shau (Seision Casts, ist scries, xiii.), 261. « gyj. - Dec. 13, 1853. 16 Dnnlop {StiimCaui, and Kries, x»i.). 197. HERALDRY IN SCOTLAND rule would hold.' It appears from the judgement that the advocator was born in Paisley in 1810, that he was married there in 1832, and that while resident in that quarter he was known and designed by the name of Callaghan, Kellachan, or Killochan ; ihat he afterwards carried on business in Kilmarnock as John Kelloch or KiUo£h\ and that after the year 1842 he was generally known in Glasgow by the name of John Kinloch, under which name he obtained a license as a tavern-keeper. In the note to his inter- locutor, the Lord Ordinary refers to the judgement of the Court, delivered by Baron Parke, in the English case of Williams v. Bryant, 1839,* observing that ' by that name by which a party has been for years exclusively known to the public, and has transacted with them, he is entitled to sue, and is liable to be sued, in judicial proceedings; and no inconvenieno- to third parties, or departure from legal principle, can be seriously alleged to attend its rect^ition.' When the bearing of a particular surname is a condition attached to the enjoyment of things of patrimonial value, relief fi-om the obligation can only be had w h safety by means of an Act of Parliament. In 1859 an Act was passed (22 Vict. c. i) 'to enable Charles Frederick Clifton, Esquire, and the Lady Edith Maud, daughter of the fourth Marquis of Hastings, and afterwards, in her own right. Countess of Loudoun, to assume and bear the surnames of " Abney Hastings" in lieu of the surname of "Clifton," and to bear the arms of Abney Hastings.' * The practice of effecting a change of surname by royal license appears to be of considerable antiquity,' and there can be no doubt that, failing the • Meestn and \Vcl4n's Rfperfs, v. 447. • In 1856 an Act, 19 and 20 Vict. c. 5 (2^rd June, 1856), wa. passed 'to autlmrize Sir Lionel Milborne Swinnerton, Baronet, and his issue, to assume and bear the surname of Pilkington jointly with the iumames of Milborne and Swinnerton, and to be called by the surnames of Milborne Swinnerton Pilkington.' It appears from the preamble that a few months previously the said Sir Lionel, then Pilkington, in compliance with a proviso in a certain indenture of scttlemert, had obtained the royal license to take the names of Milborne a.id Swinnerton only, and to bear the relative ensigns quarterly with his family arms ; and further, that in terms of the faid indenture, having succeeded to a title of honour, namely a Baronetcy, he could only resume the relative lumame (Pilkington) with the authority of Parliament. ' See Anhtrtlogia, xviii. 1 10. PROCEDURE ON CHANGE OF NAME 385 more formichibic machinery of « Act of Parliament, many important advantage, may be derived from such a course of procedure. Thus, in the case of the Rokeby Barony, the record of royal licenses for the change of surnames and arms was produced from the Heralds' office and admitted in evidence, in order to account fo^ .ha....- of the claimant's name from Robmson to Montagu.* It iscvious that without some such record the difficulty of proving identity m .ht be materia ly increased, and common sense appears to dictate the p, n^,; of some formal procedure beina adoptc^ on the occasion of a change of surname, w.h the view of establish- ing a ftct of so much importance.* The ordinary course of procedure in connection with a change of name under royal license may be described a. follows : The person desirous to make the chan^^e presents a petition to the Secretary of State for the Home Department, who refers the same for consideration to the King-of-Arm. under whose jurisdiction the petitioner IS, as the fittest authority to examine into the truth of its allegations. That officer reports upon the facts of the case, and the matter then rests with the VT'^ ^"""'^ '^'^^ '""^ P"'y » representative m blood of the family whose name he wishes to assume, or if he has married the heiress of such fiimiljr, or if he ha. been desired to take the name by the will of one to whose estate he has succeeded, his request is granted, and the royal license is issued. Its publication in the Gazem ^ optional, but it is generally inserted there, in accordance with a special form. But the royal sign-manual is not permitted to be affixed to an act which would either sanction a falsehood, encoumge a mere caprice, or cause annoyance to families whose historic or distinguished names might thus become the sport of all who are bold and unscrupulous enouirh to assume them.* -8 ~ » Mimau ^Swidnte, 1830, p. 14, « The conduding clause of an Act of Parliament authorizing a change of ,un«me »d .nn. usually .n the following term, : • This Act .hdl not b. a public Act, but .ha^jr^n^fedTy U i^" ^T * M.}««yd«lX«tWi«d to print tSTsutute. of the United Kingdom, and a copy thereof w printed by any of tbem dull be «iB.itted ai mdmc, thereof by all judge., juatice., and others' ^ = The practice in petition, fioiii permu domiciled in England i. Hmilar : we HtrslJ ani Gtnt»hg„t, .. , ,. who.e esprtMo.. on the Mibject aie lafgely adopted in the ten. 3C 386 HERALDRY IN SCOTLAND There is nothing to prevent the Home Secretary taking the advice of as many authorities as he thinks it his duty to consult. But his natural and proper course is to take, in the first place, the report of the heraldic authority under whose general jurisdiction the petitioner is, Garter, Lyon, or Ulster as the case may be. The royal license is comparatively little known in practice in Scotland, being, fortunately, seldom required by Scottish deeds, thanks to the con- veyancers, who have to such an extent the dictation of their terms. Another method, available to any person, of recording his change of name to the effect of preserving his identification is by recording his pedigree, so fiir as is requisite for his purpose, in the appropriate Register of Pedigrees. For any person under Lyon's general jurisdiction that register is ' The Public Register of Genealogies and Birth Brieves ' of the Lyon Court. •The Lwd Lyon will not, as is popularly believed, grant authority to an individual to change his name; but, on the narrative that he has already changed it, he will grant him arms under his new name ; and in the patent, or, if desired, in an extract from the record, he will certify the hct of the change.' This certificate (he continues) has been recognised both by the War Oflfice and by the Admiralty, as identifying the bearer of the new name with the bearer of the old name, which is the only object of the Queen's letters-patent; and officers of the army and navy have been permitted to change their names on the lists, and to draw their pay under their new denominations.' ' It appears from the printed Acts of Sederunt, that applications to the Court of Session in connection with the change or assumption of surnames have been frequently made during the last hundred years. Most of the petitioners appear as Justices of the Peace, Advocates, Writers to the Signet, or Notaries-Public. Thus, in the year 1757, John Sempill, Solicitor, but not Notary-Public, who had already changed his name from Semple, was declared to have been free to do so. In 1789 William MoUe, Writer to » This course was followed in the case of Mr. Maxtone-Graham of Cultoqnhey and Redgonoit. » Hand-Bmk iflkt Lmv tf Scttitaul, by the late Professor James Lorimer. and edition, p. 445- PROCEDURE ON CHANGE OF NAME 387 the Sign^ and Notary-Public, was authorised to change his name from Mow. These were cases of mere reversion to older forms of these names Ag«.n, John Muir, Writer to the Signet and NoUry-Public (,764). William M.tchell. formerly Wnter and Notary-Public, 'now holding an important °M I-'" w • ^'^'^^ ^°'"f"'"y' ('774), and David Math,e, Wnter m Glasgow ai.. Notory-Public (,830), are allowed to change the.r respective patronymics to Chalmer, Lhingston, and Foxo in consequence of relative conditions in the dispositions of certain lands. For s.m,Iar reasons. William-Charles Little of Libberton, Advocate and Justice of the Peace (.793). David Anderson. Advocate (18,4). James Gibson of ..ghston Wnter to the Signet (,823). and David Maitland. Advocate (1825), obtam permission to assume the surnames (and arms) of Gilmour Rlatr^Cratg, and Mackgill respectively, in addition to their paternal nameJ and beanngs.' The application of WiUiam Stirling, Advocate, in ,82^ presents the peculiarity of not being consequent upon any documentary cond.tton having been merely prompted by his de«re to assume the name arms, and designation of Graham of Duntroon. as hdr^neral of thai ancient family. * t^. o^'" kind are reported to have recently occurred in the Lnghsh Law Courts, the parties aU being Attorneys (influenced by vanous motives), of which we may mention the following : WUliam DuBgett I^g/e^e^ ,849; Thomas James Moses, .850; Josiah Hearon DeX^ 1850; John Matthews Ckamier/ai,, ,852; and Edward Bryan Jones, 1853. In the first two cases, the paternal names of Ingledew and Moses were dropped by the applicants; while in the other three case.. Heaton, and Scal«-C/,W (.83,). 'The First Division of .he Co«« of LonTon ilJ' . ' «nmcd authont, to William Peacock, of tlie finn of Sk«e. We««« T Zo^X l l; H,ll S.re«. to a„ume the .dditio^l .urn.me of Edward., and ,0 use the sa^rTn ex.;!'! ! he „ri,ces of Not«y-Pablic and Law Agent practising before the Court of Ses^Lr" Adv /fi. Court „/W», ,. 44. A record of these alteration, more acc»,iWe and con^nT^r reference '^" tHc^.^J...^, .„a A.U ,fS,^r.n. is a desideratum of he g" ' . Lowndes Ma««lJ, ..d Pollock'. R,f,rt,, 1 ; ,9 y.w q d \J!T',. 388 HERAT DRY IN SCOTLAND Chamberlain, and Bryan were respectively assumed, the first two being the maternal surnames of the parties. In the case of Moses, Mr. Justice Coleridge that, in future applications of the same nature, the affidavits ought to state very clearly that the party is not apprehensive of any proceedings being instituted against him by the name he bears on the roll. Above two hundred years ago, the Tractice of changing names appears to have been regarded in France as higiiiy objectionable. ' II est manifeste,' says De la Roque, ' que le changement de noms semble cteindre des races avant qu'elles le soiet, et il en est arrive des inconveniens tres-prejudiciaWes.'* During the fourteenth and fifteenth centuries, such changes seem to have been effected in that country without any form or solemnity ; but, owing to the consequent abuses, an ordinance was promulgated by King Henry II., in the year 1555, to the following effect : ' Que pour eviter la supposition des noms et des armes, d'offences sont fiiites ii toutes personnes de changer leur noms et leurs armes, sans avoir obtenu des Lettres de dispense et permission, i peine de mil livres d'amande, d'estre punis comme faussaires, et estre exauthorisez et privez de tout degre et privilege de Noblesse.' Camden thus refers to the same suoject : ' The inconvenience of change of names hath been discovered to be such in France, that it hath been pro- pounded in the parliament at Dijon, that it should not be permitted bul in these two respects : either when one should be made heire to any, with any especiall words to assume the name of the testator ; or when any one should have donation surmounting a thousand crownes, upon the same condition.' * Speaking of the ancient practice in France of changing name and arms in consequence of prescribed conditions in deeds of settlement and marriage- contracts, De la Roque remarks : ' 11 faut neanmoins que ces changemens, quoy que legitimes, sdent fondez en Lettres enr^strto i la Chambre des Comptes, et public au Parlement pour rendre la chose sdemneUe et publique.' ' ' Trailf de i'Origiiie Hts Kms ( i68 1 ), p. 98. - Rtmainti conctrning Britain — Surnamcb (1657), p. 145. * TrtM, {iM De k Roqne, p. it6. CHAPTER XV. THE ROYAL ARMS IN SCOTLAND. W.TH the constituent portions of the henddic insignia of the sovereign of the United Kuigdom-the three golden lions of England, p«Mnt g«rd«nt .n pale; the red rampant lion of Scotland, with the double tressure flory- counterflory ;« and thegolden harp of Ireland-even the staunchest contemner of heraldry in general would be ashamed to be unfiuniliar.« Fordoun wnt,„g about A... 1.^85, cites a Metrical Chronicle whkh was even then* 'old, which recorded that Fergus, son of Ferchard, the first King of the Scottoh line, bore a red lion on a golden field.' Such a talc, deducing the hon from the time of a king who was supposed to have flourished some three hundred and thirty years before Christ, was not out of keeping with the general ideas of Fordoun's time. And. in the matter of the heraldry of the Kings, mternational politics— Scotland versus England— as well as patnotic pride called upon the historian to draw out the claim of antiquity to the uttermost. Fordoun doe. not make out high an antiquity for the royal tressure ; that was added only by the Emperor Chariemagne. The comparatively modest assertion that the tressure was thus no older than somewhere between 800 and 814 a.d. was probably not made however in Ignorance of the inference to be derived from the stoiy-that Scotland was under the Emperor, not under the King of Eagiand.* ' In the language of the date, at which the« arms were assumed they would hav. ' f • S,»ti,knmcm, a.d. t. , 584.,, «. „. _ In common with Mrlier writen, Niibtt adopt, the tr»iitton which assign, the awumwion of the ««p.„. ,0 f^U^U^^ ^ „ Ki.,*of fa^ C HERALDRY IN SCOTLAND Later writers, with more probability, relate that the Hon was assumed by William 'the Lion,' who reigned from 1165 to 1214, and was surnamed because of his cognizance.' There is no proof of this. He was a personal friend of Richard the ' lion-hearted,' - and may equally have received his surname on account of his personal qualitiM. Armorial ensigns, as we have seen, were in use in his reign, and though his only known Great Seal, cut we may presume immediately after his accession, represents him without them, he probably was not behind his nobles in adopting them before his reign ended. Still, lions as heraldic bearings were too common in the early days of Scottish heraldry to be distinctive, apart from their tinctures or accessory bearings, of any one. The arms consisting of the lion within a double tressure flory-countcr- flory were then probably the personal arms of King William and certainly the arms of his son Alexander II., and afterwards of their successors on the Scottish throne till the Union of the Crowns of Scotland and England in 4 JO ) eJr^ l)clore Cliri>l. He al,o reters to the celebrated league which Charlemagne is said to have entered into, in the beginning of the ninth century, with Achaius, King of Scotland, on account of his astistance in war ; * for w hich special servke performed by the Scots, the French King encompaised the Scots lion, which was hmout all over Europe, with a douUe treMure flowered and counterflowercd with flower-deluces (the armorial figures of France) of the colour of the lion, t;> ihow that it had formerly defended the French lilies, and that these thereafter shall continue a defence for the Scots lion, and as a badge of friendship.' Systtm of Heraldry, vol. ii. part iii. p. 98. On the other hand, Chalmers observes that these two monarch? were probably not even aware of each other*! existence, and suggests that the lion (which, as we have seen, first appears on the seal of Alexander II.) may have been derived from the arms of the old Earls of Northumberland and Huntingdon, from whom some of the Scottish Kings were descended. He adds, however, that the lion was the cognizance of Galloway, and perhaps of all the Celtic nations. Chalmers also mentions an ' ould roll of armes,' preserved by Leland, said to be of the age of Henry III. (iai6), and which the context evinces to be as old as the reign of Edward I. (1272), in which the arms of Scotland are thus described : *Le roy de Scosce dor a un lion de goules a un borduu d»r flurettt de gmki.' He somewhat unaccountably remarljs that 'in this description, we see nothing of the double tressure.' Caledonia, i. 762, note (('). In 1471, the Parliament of James III. ' jrdanit that in tyme to cum thar suld be na double tresor about his armys, bot that he suld bei hale armys of the lyoun without ony marc' If this alteration of the blazon was ever actually made, it did not long continue. ' .Aeneas Mackay, art. ' Scotland ; History ' ; Eneyc. Brit. 9th ed. 484. - Richard * Csur de Lion,' 1189-1 199 : see Tytler, Hutorj, ii. 291. THE ROYAL ARMS IN SCOTLAND 39, 1602-3.' They appear first on the equestrian side of the Great Seal of Alexander H., who began to reign in 12,4. The Ibn is clear there on the king s shield, and both the lion and the double treMure flory-counterflory are clear on his saddle-cloth.^ They reappear on the shield and the long sweeping housings of the horse on the Great Seal of the next King Alexander III. (, 249-1 285^).» The «.me arm. were placed on the Great' Seal of the Guardians of the kingdom, who were appointed by Parliament in 1 286 to govern in the absence of the infant gueen Margaret. With Margaret end^ her house. The throne then went, so far as the arms of William or the Alexanders were concerned, into collateral lines. Both the Balliols and the Bruces, however, adopted them on their respective accewions. Each of the Kings of these families, and the Stewarts after them, used them alone on the reverse or equestrian side of his seal. And from Robert I. down to James V. each King is represented with the arms of his shield repeated on his surcoat as well a. on hi. horae housing.. The Balliol. pre«rved small shields of their paternal arms, gules, an orie argent; and their maternal arms, the lion rampant of Galloway, argent crowned or. upon azure, on the obverse of their Great Seals, i.e. the side on which the King appears seated on h,s throne. Robert the Bruce before hi.acces.ion had borne : quarterly a silver lion rampant on a blue field, for his family arm^ and a red chief aJd saltire on a golden field, for his lordship of Annandale.* These, on his acce*- sion. he ceased altogether to use; the Stewarts, on succeeding the Bruces followed the «me example. They had already dropped the Fitzalan lion- red upon gold, if they had ever used it-in favour of the fe» chequy azure and argcnt-the chequer board of the Steward. Thereafter, the r^ head of the Stewarts used the lion and royal tressure only. The motive of the choice of a lion as a royal bearing is not far to seek. The i,o„ was understood to be in very truth what he i. «iU caUed. the king of beasts ; he was the symbol of courage, strength and magnanimity. The ' With the doubtful exception oft few ytm in tile reign of Jama III. » PuII ii' " " « cle« in • iep«Hlttction of the «1. See pUe xir""°" '^'^ «»r^ «Veline in ,386 or ti««by i. interesting. HERALDRY IN SCOTLAND Kings of Scotbnd, England, Denmark, Lfon, and many other aovereign princca adopted him as their cognizance, as the Emperor of the Holy Roman Empire, and following him the Emperors of Germany, Austria, Russia and France, and the United Sutes of America adopted the king of birds. The douUe tressure flory-counterft>ry is more diflkult to interpret. It was possibly in its origin a structural arrangement like the original escar- buncle for the strengthening of the shield. The flower forms of the broader pieces of the two bands of which it is composed are not agair'st that theory ; and, it is to be noted, the flowers do not fasten the tressures together ; the tressures are separate each with a half flower fastened on to its edge at intervals as it would be if the tressure were a strengthening band, and required a broader piece at intervals, through which the nail or bolt might go. It was in accordance with the mind of the time to make things that were usefid ornamental too, and with forms that were symbolical or allusive to ideas. The tradition, on the other hand, is clearly very old that the whole bearing, the tressure as well as its floriations, was symbolical of the guardianship of Scotland by France. Though the story of the grant of Charlemagne must be dismissed, because, among other things, arms did not exist in Charlemagne's time, William the Lion had certainly entered into negotiations with Louis VII. of France after the period of heraldic ensigns had opened and before the tressure with its /*irn-ace the altar the lion is painted contourne. The tressure is modified in the same way in the Royal Arms in the great hall of Cumlongan Castle Dumfriesshire,* and in a panel in the Berwickshiie Chu«h of Cranshaws » In these last two cases the unicorn supporters arc sejant, and the carvines are generaUy similar. This variant of the tressure does mM appear, how- ever, on any of the royal seals, so far as we are aware. The contract of matriage in 1557 between Mary Queen of Scots and the Dauphin provided that whil- he was Dauphin he should quarter her arms with his, and if he became King of France he should bear hit own ' ^it. Ptrl Stu. Rec. ed. ii. lotb. M-GiJAon and Row, Kcckiuuikal dtOHmimt, ii. 4191 Clumbm. Sm ^ St. GUu. p. 9 ; Woodwitfd, HtrMry, ii. 96. ' ^ 91 vwrnooi, amy ^ St. GUu, ' Dr. David lai^ rncitSng. 5*r. jT&W. M iiL p. 8. The Triwiy Colkf th. ScoRuh NatioMl Gallery by Hi, M.j«ty', graciou. penmion. "* " * * M'Gibhon and Rm. CMOiUd md Dmmk MnMtimn, wJ. i. p. ,4,. '/MA iii. p. 419. m " ■ — 394 HERALDRY IN SCOTLAND and here conjoined {liits) under one crown.' Queen Mary, after h» death, and tUl her next nuurtage, impaled her Royal Arm*, on the dexter, with thoae of Francis, in the sinister, preserving her own arms entire even to the royal tressurc, but dimidiating his.* On the nuptial medal cast in France his arms as well as hers were preserved entire. The arms rf her second hudMnd Damley were not introduced into her seal, even though he was proclaimed King. Whether her third husband Bothwell would have placed his arms on the seal if that marriage had been tolerated by the nation we can only conjecture. Another and sadly Ill-advised alteration she made on her arm* even as early as the date of her first marriage. On her plate and ceiemonial trappings she assumed a shield of the arms of the crown of England as well as those of Scotland. These she bore marshalled together quarterly, the arms of England being actually placed first, and over all a Kutcheon of pretence chaiged with the arms of England, the sinister half being partially obscured in order to intimate that she was being kept out of her rights.* No such quartering was ever placed on the Great or Privy Seals of the kingdom, but the meaning of the English Queen herself in quartering the arms of the iwn of France precluded any possibility that she would lode upon Mar. act as anything but a serious chum to the throne of England. On the accession of James VI. of Scotland to the throne of England in 1602-3,* the arms of the two crowns fell naturally to be borne marshalled together by a king who poiie->?.«d both. James found the arms of the crown of Scotland as we have inscribed them — ^the lion within the royal « Atu M. Sttt. »9th November, 1 558, vol. ii. 51 1 ; and »ee p. 506. * Plate nv. » Soype't Amusb, vol i. p. 8. The English State Papers of the day conuin abundant e»idence of the &eM. • Every one will recollect,' says HalUm, • that Mary Stuart's retention of the arms and style of England gave the first, and, as it proved, inexpiable provoca- tion to Elizabeth. It is indeed true that she was Queen Consort of France, a sute lately at war with England, and that if the sovereigns of the latter country, even in peace, would penttt in claiming the French throne, they could hardly complain of this reuliation.' CtmAnOmil Uitmry »/ En^tmJ, 4th ed. i. 1*7. * Commonly called the Union of the Crowns, though it was only tke crowned kead that boounc one. THE ARMS AND THE UNION 395 trcMure, and the arms of the crown of England, quarterly, France, azure, three fieurwie-lU or, in the fint and fourth, and England, gules, three liont puMnt guardant or, in the second and third. The shield which Im adopted con- tained quarterly the quartered coat of Kndand.t the coat of ScotUnd, and a coat consisting of a blue field bearing a golden harp with silver string*, for Ireland, which then appeared on the Royal Arms for the firvt time. The order in which the quarters of the Royal Arm* since the Union have been marshalled we shall refer to presently. The arms adopted by King James VI. and 1. were borne by the rest of the house of Stuart, including Mary II. and Anne, down to the • Union of the Kingdoms' of lyo?.* WiUiam III., her hasband, being an elected monarch, bore them with, over all, an ineacutcheon of his paternal amw of Nassau, namely, azure, billety, a lion rampant or. On the Union just mentioned, Queen Anne, exercising the judgement left to her. by the Treaty of Union, Article 24, as to the quartering of the Royal Arms as may best suit the Union,' directed in Privy Council that the united arms aboold Ih: used according to the form in a 'draft marked A.' Unfortunately neither draft A, nor any of the drafts referred to in the Order in Council appear in the Council Register, but there can be no doubt that in the marshalling adopted the first and fourth quarters of the escutcheon were occupied by the arms of England and Scotland impaled, the second by the arms of France, and the third by the arms of Ireland. Her Majesty's principal Secretaries of State were directed to signify the royal decree •within the United Kingdom of Great Britnn, rdand. Her Majesty's ... ' '"f''^^''*'"'g 'he Royal Arm. it i> u.ual to speak of their quarten a* • ScotUnd,' i ngUnd, etc. ; this is done for the uke of brevity, tlie fiill phrase being 'The arms of the royal house of Scotland.' and ,0 on. No one at all acquainted with the subject is misled by the ellipsis, though some other, in newspaper correspondence and even in pamphleu have misunderstood it. 'During the intenegnum of 16$ 1-61 the Royal Arms were considered as abolished with the wjral houK. Oliver Cromwell', Great Seal for the United Commonwealth which he created bore : Quarterly, i and 4. the Cross of St. George, argent a cross gu.es, ibr Bnghiid j I, the Cross of St. Andrew, azure a saltire argent, for Scotland; and 3, die Irish Harp, introduced by James VI., which he rightlr treated aa pueir »m. of dominion. Owr dl he placed on an meacntcheon hU own petenul tUeld, «a ITilltun of Oinge did after him. HERALDRY IN SCOTLAND fdantatioM in Amcrtai, the Isfauidt of Jcmjr and Gutrntejr, and ethn- Her Kfajcaty't dominions.' King George I. continued to use the first three quarters of this coat, but the fourth quarter of his shield consisted of his arms as Klector of Hanover, namely ticrced in pairle reverted : i. Brunswick (gulea, two fiont pmant guardant in pale or) ; 3. Liineburg (or, mat of hearts gules, a lion rampant aaure) ; 3. Westphalia (gules, a horse courant argent) ; over all for the Electoral Office, gules, the crown of Charlemagne or. This coat of arms continued in use from 1714 till 1801, when, on the Union with Ir^d, the arms of France were taken out, the impaled arms of England and Scotland were separated, and the arms of Hanover, ensigned with an Electoral bonnet, were placed on an inescutcheon. The arms then stood thus : Quarterly, i and 4, England ; 2, Scotland ; 3, Ireland ; over all, on an ineKutcheon, the arms of the Elector of Hanover eniif^ned wth the Electoral bonnet. These arms remained till 1816, when King George III., who had assumed the title of King of Hanover, removed the bonnet and ensigned his inescutcheon of Hanover with an imperial crown of eight arches. On the death of King William IV. the crowns of Britain and Hanover separated ; the latter succession, being confined to males, devolved upon his younger brother, Ernest Augustus, Duke of Cumberland and Teviotdalc, while the British crown descended to his niece and heir-female, Queen Victoria. The inexutcheon of Hanover, therefore, did not appear on her Majesty's shield, which consisted of her arms for England, Scotland and Ireland only. With Queen Victoria the house of Guelph ended. King Edward VII., however, following the rule with our monarchs, used only those of his hereditary arms, which are also arms of dmninion. His Royal Arms, therefore, were the same as those of his royal mother, as again are the arms of his present Majesty King George. The royal crest of the Scottish Kings from the date of its first appearance on the helmet of King Robert II., 1 370-1, has been a lion. On his Great Seal it appears Matant guardant,* but in the Armttul d* Gtbrt (t. 1386) it is a lion sejant,' crowned and with a sword in its right paw. Down to the death of James V., the kings are M represented on the equestrian sides of I PUie ii. * Plate xii. THE ROYAL CREST thm Gmt Sedt btiniig • erett of a lion .uunt. or ttitMt gutrd.nt. But m the royal ach.«r««,t the e«it htt dwy. b*„ . Hon «ga„t. .ffront* gules, .mpenally crowned, holding in hi. dexter a Md. «mI m hit '^''^ ""y*^ '''''''' ""P»"i« the creat wa. rill S?".!:. ''""^ crest < f Enghad. wl«d, l»d iMn ,ep«ledly changed, fm . lion pM.«„ gu.rdant or, and the royal motto *Dieint ma tlnit.' Time «c aia the cmtt and mottoe. of the Royal Arms as used in the respective longdoma. JZ T' J^' °^ °^ "PP" ^ith even a s.ngic supporter dl the re.g„ of Jame. I. I„ that rd^ one supporter, a unio;n sejant, ,s placed w> h the King's .hidd on a coin, aid two Bon. wapprt h» arm, m h.s Privy Seal, and ren.ain on the Privy S«U. dmeet cm^m^y till the Union. The unicorn, as a singk supporter, was meanwhile never atwndOMd. At tinw. it .upport* the arms of James IV. and James V Two unicorns, it may be noted, support the arms of Jame. III. « tfce haU at Cumlongan Castle already referred to, a„d if we are ri, ,wlwe • ,«! those of Jame. IV. in the boss in Blacadcr a«ie of Glasgow ..thcdral • a„d on the buttm. of Melroae Abbey Church, and over the gateway at Whit- orn Pnory. They It may b. «H«d in p««„g, support the arms of ames Duke of Ross and Archbishop of St. And«w., younger brother of James IV .. and also the arms of the next Archbishop. Alexander Stewart, that Kmg s natural «,n. James V. took unicorns as his supporters on his t^vy Seal; and h.. wicce-or. Que« Maiy, while retaining the lions on her Privy Seal, adopted unicorns far her Grait Snl. She was the first Scottish monarch to do These monarchs" practice of having two distinct sets of supporters at one time i, an illustration of the friedom exerc^aje ,n thtt matter before the advent of our modern notions, a freedom, however, more exceliently i^Mntai in the royal heraldry of England, whose Kings changed their supporters at least twenty time, in ^elve reigns. James VI. continued the unicorns as his principal supporters tJl hr. «xetMon to the English throne, and hi. adoption of a quartered coat of arn He then took one wpfwrter of each kingdom on the «me principle as that on which he had taken their arms into hk dlidd. The supporter he took for England wa. the goUen lk» nunpwt g««knt HERALDRY IN SCOTLAND imperially crowned and armed and langued azure, the Scottish unicorn being rampant argent, langued armed, mained and ungukd or, and gorged with an open crown and chained, also or. The questioi ■ (the order in which the Royal Arms should be marshalled, whether England or Scotland should have precedence, hat been the sul^ect of considerable discussion ever since the Union under King James. • Upon his accession to the throne of England,' says Nisbet, • there were several considerations and consultations taken by his Majesty and Privy Council of England, about the honours and precedency of his kingdoms of Scotland and England, and especially in marshalling their armorial ensigns; the difficulty arising from the armorial figures of England, being originally those of the dulcedoms of Normandy and Aquitaine, being three leopards, which, as such, gave place to the flower-de-luces of France, as belonging to a kingdom. Upon the same reasons, the Scots claimed also precedency for their royal armorial figure, the lion rampant within a double tressure, the paternal arms of the King and his progenitors, used by them before the English used the leopards, and that the paternal ought to precede the maternal ones, as 1 mentioned before, the King of Castile's arms were preferred to those of Leon, the wife's arms.*' Nisbet is not alone in his statement of the reason why the ensigns of France were placed before those of England on the arms o^'" the English Kings ; but the greater antiquity and heraldic dignity of the arms of France, which are more than doubtful, cannot be imagined to have been paraded before the eyes of the English people. On the contrary, we may take it that the golden lilies were placed in the most important part of the King's shield to indicate nothing less than that his claim to the French Crown was a matter of the first importance to him. Mary Queen of Scots placed the arms of her claim, the Crown of England, similarly in the first place. Her action does not in any way support Nisbet's argument on the theory. ' System t/Hera/Jty, vol. ii. part iii. p. 99. It is to be recollected that this part of Niibet'i writings was not published by him, but only after his death, and not by his legal repreienta- tives. Sir George Mackenzie claims prctedency of the Kings of France and Spain for the King i>f Grc.it Britain, een assigned to a Glasgow luerchan named Gordon— Azure, three boars' heads, erased, or, langued gules, within a bordure, engrailed, argent ; and for mark of cadwicy, in the ctntw of the field, a lion rampant, argent, • to denote his respect for and alliance by marriage with the family of Gray of Cairntyne and Dalmarnock in U ia kshirc." Before the expiration of the year, however, a fresh grant is ent icd a the Register, in which the Uon does not appear— the original patent being dedaiwl irregular in two particulars, viz. ist, in assigning as u mark of cadency the complete bearings of Lord Gray, to denote all-uac with fhe (Jrays of Cairntyiv ; 2ndly, in making reference in the icu id to the tide* and arms of the Cairntyne family, befi»e their armorial privilegea had been duly aacertaincd and recognized in the Lyon OAce.' At times petitieners for arms express a wiih to .,..ve bearings assigned to them which will convey an allusion to some Uvt or deed on account of which they or their fiuniltes are diatinguiriied. Rat according to the ndes of the earlier and purer heraldry from which Scottish heraldrv .ow again gUoWt no deviation, such allusions, most proper and lau sable to desire will only be made by the use of symbols, embodying, as it were, the essential characters of the things or deeds, not pictures of the ouCward ^lects of them. Heraldry denuuide that thtt diatmction should be kept in view, though it is not to be asserted that its servants have a ways bee ' successful in satisfying its requirements. Another behest of the scienc- is that the insignia shall not attempt to express over much, and shall say its say as simply as is poiaiUe. Anyor.e who has paid attention to the subjecr uf heraldry must be femiliar with many undoubted perversions of the ' nobit stance ' which haw been perpetrated in comparatively modern times. Instead of adhering to the principles and the style of the chaste and aimfde devices which dis- tinguished our ancestors • in the brave days, of old,' our heralds have too often lent themaelves to the invent of achievements which mt go«|^ « A grant of arm. to the Gf»y» of CaimQ'Ne w b w ^M i tl y »fp-n i» the Ljron R«|utcf in the year 1819. S ch«|««. and bla^one s SaMe. a fca. c^y, ..gent and a*ur. ^twee thr. e bezants vgain. the two cnscms and the A*, wSLi*" ^ Cloudesley Shovel. 0.1 a special warrant of Mng Wilmi !!!.,» ^ 1692, form a most suitable memorial of ^ tone* o¥e- 'he Tur^s and one over the Frmch. with ery s 4ble escutcheon, however— a feia wavy (for the tw. ,Ur stars— the foUowing quaint and somewhat question. >.. .Ir o. turn (or S,«»«d) bore a fc« chequy. ....e and argent, in allusion n tne m from their ancient office— the chequered fes> representing sometime- to be seen at the sides of tavern doors have \s tne „y had already been placed on both meul. by the Stewarts on, by the. ay* and azure by the Bord^ Ca«dtn'. ultetioii of laWe nur cn more nearly the choice of necewity than any dffc Omkm to tht «*« rfthe pi,. t The honourable augmenUtion added to the paternal ensigns of Sir Archibdd Campbell, commander-in-chief in our first Burmese war is : On a chief atgent, a mount vert, inscribed 'Ava' in letters of gold, thereon a Burmese stockade proper, between a representation of the gold cross and dasp conferred for distinguished services during the Peninsular war, on the dexter, pendent from a ribbon gules, fimbriated argent, and on the sinister, pendent from a ribbon azure, the badge of the Pbrtuguese Order of the Tower and Sword. The escutcheon contrived by the CoUege of Arms for the gallant Lord Gough affords a still later example of the same style, being ciuarteriy. ist and 4th gules, on a mount vert, a lion passant gardant, or supportmg with its dexter paw the Union Flag proper, and over the same' chief, the words ' China,' ' India,' in letters of gold. Second and third a/ure. on a fess argent, between three boars' heads, couped, or, a lion gules (bemg the family arms) ; in the centre chief point, pendent from a ribbon, ai^nt, fimbriated azure, a representation of the badge of the Spanish Order of Charies HI. proper ; and on a chief, a represenUtion of the east wdl of the fortress of Tarifa, with a breach between two tumts. and on the dexter turret, the British flag flying, also proper. We are glad to be able to think it unnecessary to say as much on this topic now as it seemed right to f y in the former edition 6f Th* Ijm I'racttct ; heraldic practice in these islands appears to be, on the whde, firmly re-esublished on the older and better lines.* All that need now be added is that the briUiance of the exploits which these shields coiii- ' •» ^HirM,, p. ,77. gi»« ,„ niuttmrion of 'the Arm. of Sir Sidney Smith. b«l d«bn« ,0 attempt to bl«on them ! He suggest, that 'the wretcW taste of ,uch so^ed heraldry is not so much the fault of the herald a. of 'the penoMMi Wt d"' ^"''V'^''" ""8"s would be mo.t agreeable to then^JT^f; e lm ".^ " ^ pttitioam. And there is a fimily l^^^Zr"""^ u 'J:^'^ • «~» Some of the admiral, and (enenb m wIkm th«. w^fm^m, gnaMd ««« b. «»0Nd ever to have Men them. -"W^ 'The writer, f-, , ore intimate acquaintance with the practice in Scodaad. can vouch that .n that o.. .nu at l««t, the oJder ««1 b«t«r heraldry U urkdy irihmdiu. 4i6 HERALDRY IN SCOTLAND memonted, and the national enthusiasm which demanded that they should be represented in their heroes' ensigns as the names of battles are placed on the banners of regiments, should protect the heraldry of that day even from the hand of the sternest reformer. The shield granted in 1815 by the Lyon to the gallant Colonel John Cameron of Fassifcrn, who fell in that same year at Quatre Bras, with an augmentation consisting of an embattled chief containing ' a represen- tation of the town of Aire in France, all proper," an allusion to hit glorious CuBWon of Fauifem, to com- Sir William Fairfax, memaratt hit ion the ColoneL services on the 2nd of March, 18 14, which are fully detailed in the Register, and no less the shield granted in 1 836 by Garter, with a picture of H.M.S. • Venerable ' engaging the Dutch Admiral's ship ' Vryheid/ to Sir William Fairfax, are at the least historical documents. It is not of course to be suggested that these inharmonious combinations which have just been adverted to ever even generally supplanted the traditional heraldry of either nation which we have mentioned, or were ever more than a sport. The ampler shields of cdder finhion, afbr all, appear continuously alongside of them in the Registers, though they are by no means always equal in merit to those escutcheons of the days of yore, plain but beautiful in design, and plain and often beautiful in meaning. The arms of the Red Cross Knight wot no mere flight of Spenser's fancy : * And on hit brctt a bioodic crosse he bore, The deare remembrance of his dying Lord, For whose sweete sake that glorious badge he wore, And dead, as living ever, him adored : Upon his shield the like was also scored.'* « Ftirit ^itutn, B. 1. 1. 1. st. a. THE EARLIER STYLE 4,7 M.ny an ancient shield, mm an enignw. or the p'.ything of spuriou. t«d.t on had wc make bold to assert, a p«,ud or reve«„t ml„in/to the val.a„t kn.ght who first chose it for his cognizance in war and Ice Consider, for example, the stags' heads of Cavendish, the fusUs of Percy Stewart. Lindsay. Douglas. n,y. Chief and lion rampant of Russell, the bends of Stanley and Curzon. the fret of Hamngton. and the plain quartered shield and silver mullet of De Vere ; the chequered fess of the Stewart, and Lind«iy,. the heart ard mu e s of the Doug|ases.. the inescutcheons of the Ha^,* U.e ci«,u^foS^ of the Hamdtons. the saltire and chief of the Brum, the cre«nt. of Hamilton. ^ M««,o««y. the Setons the fleurs-de-lis of the Montgomeries. the garb, of the Cumin. °! *"«'^'*^ «^ Sinclair, and the boar, head, of the Goidons. Although vaM change, have undoubtedly occurred in the habits and > • The biodjre June in the Dowghi armes Hjn itandere stode on hye, Tb«t every man myght full well knowe : Bjrride Mode lUrres three.' Tie BattJt tf Omrbtimit (a poem written aboat time of Henr^ VI. i+aa oi). 1 He Itean appean on Sir Archibald Dougla»'i leal about th» m» i.m -pi j not .pp«^ to have been added till about .6<5, ** '"«»• Th« cnma do« 36 41 8 HERALDRY IN SCOTLAND occupations of our countiymen since those distant dajrs which witnessed the purest and the proudest age of blazon, the noble science of heraldry still aflfords ample materials, in its almost endless devices and combinations, not Cumin. Enkine. Sinchit Gmdon. only for the distraction of tfilferent families and tiKv cadets, but also for the emblematical representation of almost every achievement of modern times. The mere circumstance of its original connection with the field of battle is no reason why its symbols should be confined to the warrior's escutcheon ; its figurative language is capabk of commemorating the benevolence of a Howard in the eighteenth century, as well as the achievement which distinguished the same illustrious name on the bloody field in the sixteenth. In 1863, on the publication of the former edition of the present work, Mr. Seton ventured to hope that, along with a most gratifying return to a purer and better taste on the part of the professors of architecture,' we may also witness a revival of those simple rules and principles which regulated, in an earlier age, the blazon of armorial ensigns. That hope has been very largely realized. » 'The Styles of blazonr>' admit of ctaisifiaition like those of Gothic Architecture. The b«re Jcviceless ordinaries agree with the sturdy pier and flat buttrcis of the Sorman age ; the progress of ornament uniting still w ith chasteness of design may be called Early Engliik ; the fourteenth century exhibits the perfection of both sciences, as displayed in the highest degree of Denrtuim consistent with purity ; and the manneritm of Henry VlII.'s time, with its crowded field and accumulated charges, is at essentially FkrU and lamboyant as any panelling or tracery in the kingdom.' CswUnu^t AaHf. Sic. PMfttimt, No. i». p. II, by H. A. Woodham, Esq. We do not necessarily agree that the eariicat bcari^ oTihidda were the ordiiuuria. Tliey however, simple. See Dallaway'i HtrMry in En^nJ, pp. 175, Jti ; alto an interesting esiay «On Henldiy and its connexion with Gothic Architcctuc,* read bcfare the Institute of Brittth Aickhcctt, in i8}6, by Mr. W. I,. Donaldson. GOOD HERALDRY AND BAD 4,9 The continwwce of the prKtke of the older .nd better .tyle of heraldry ^LitX^: ^ ^" '''' ^"^^ -X Sir Frederick Pollock. U,rd Chief Baron of Her Majesty's Court of Exchequer .n England, .on of Mr. David Pollock of Kel«>. in' the County of Roxburgh : Azure, three fleursnieJI, within a bordure engrailed, or. and as an honourable augmentation commemorative of his Lordship', official of Westminster) of the second." Chief Baron Polloclc. Lorimer of Kellj-field. James Lorimer of KellyHeld (father of the late Lyon-CIerk) • Parted f^r chevron gules and or. two spurs paleways, rowels downwards, buckled and strapped ,„ ch.ef of the second, and in ba«, a horse courant at liberty, sable— the charges being relative to the name.= pJT' Law;-ce-Archer, Esquire, Captain in the Army : I arted per fcss azure and argent, in chief, three broad arrows in pale with the pomts downwards, or, and in base a cross raguly. gules, charged in the centre with a saltire, of the third.3 /s . e Sir George Brown, Knight Grand Cross of the Bath, General and Commander-m-Chief of Her Majesty's forces in Ireland, etc : Gule^ oTa 'Lyon Register, 1847. •Lyon Regiiter, 1858. HERALDRY IN SCOTLAND chevron betwixt three fleurs-de-lis, or, a muni crown of die first, ill withm a bordure embattled, of the second. The arms — Or, a galley, oars in saltire sable ; and in base undy vert a salmon naiant argent — in the shieW Macdonald of Mmdart, 1672-7 a.d., is properiy heraldic It is difficult to say so much for the arms registered in 1 8 13 as part at least of the ensigns of Macdonald of Boisdale — Or, a galley sable ' moored in front of Fingal's Cave, oflT the cliflF of the Isle of Staflfii, issuing from the dexter side proper, and in the sea undy vert in base a salmon naiant argent.' A herald is not requ'md to know how to emblazon Fingal's or any other individual cave, nor to recognize it on a shield when he sees it. The arms granted, 1841, to Raeburn of St. Bernards, near Edinburgh, son of the famous portrait painter. Sir Henry Raeburn — ' Argent, on a piece of ground in base, vert, or roebuck [rae] sutant, proper, drinking out of a burn or brook running bend-ways, azure, and on a canton ermine, a knight's helmet proper ' — are of the rebus order. Little alteration would make them into passable heraldry, but that little they lack. Instead of ordinary heraldic charges, so arranged on the shield as to distinguish it from another with the like charges, some of the escutcheons borne by ancient families in Wales exhibit devices which, taken as they are grouped on the shield, are commemorative of some real or legendary occurrence, such as a wolf issuing from a cave, a cradle and child under a tree guarded by a goat. CHAPTER XVII. THE NON-ARMORIAL FUNCTIONS OF THE HERALDS. ^" riM^p\'f ^ "^O^AL MESSAGES. SPECIAL AND ninlt^.J^*^^^^^^'^ PROCLAMATIONS. DIRECTORS OF ceremonies; and symbols of ROYAL STATE "•^ PROiAitv the earliest duty of the Hendd was that of King's messenger. He ., found carrying the King', letter, both on nnaU cccuions and great, both to the King's own subjects and to foreign states. He was on embsMiet to arrange treaties and royal marriages. He was the nuncio of one King to another to decbre w«r. After the outbreak of hosrilities he was the bearer of the offer of bMtle. and the courteous suggestion of days which might be suitable to the enemy to arrange for. He was profes«onaIly the matter of the etiquette demanded in such missions ; and so long as he succeeded in observing the nik« of the formal ages in which he was employed, his person *M considered inviolable, and from the most unfnendly mission he might expect to return the recipient of gifts. The most important of these em- ^les were naturally confided to the principal Herald-a King of Heralds --but, ftihng him. the ordinary Herald was considered of sufficient rank for tlwiV execution, and Pursuivants were frequently sent on minor e-iployments It was the «amc in Scotland as in other kingdoms. • Prominent as was Lyon's position when weHrstmeet with him. his "brethir Herauldis,'" says the late Lyon, Mr. Burnett, 'were more nearly on a footing of equality with h.m than in later times. Along with Lyon, they attended the King on all state occasjons, and had the arrangement of public ceremonials. We meet with Snowdoun Herald and Marchmont Herald as weU as Lyon sent abroad 422 HERALDRY IN SCOTl,ANU on misnon* to foreign courts. Both Heralds, Pursuivants, Maccr* and Trumpeters were obliged to attend on the Parliament. For the tirst instance of neglect of their duty they were liable to forfeit a year's fee, and to be deprived of their office for the second.' ' By the Act of 1 592,- charges of treasm were ordained * to be execut be the ordinar Herauldes and Purae- vantes. i>earand coattes of Armes, or Masers to be used be thame as of before'; otherwise the execution of the charge was to he null and void.* The Messengcr-at-Arms, when executing his duty, carries as the in- signia of his office: (i) a medal which, as it bears on its front a representation of the Royal Arms, is called his ' blazon.' In the time of Lord Stair, the author of the Institutions of the Law of Seot/nn,/,* he wore it displayed on his breast. (2) He carries in his hand a staff or baton, on which is a movable collar or ring. When he proceeds to execute his duty he exhibits his blazon, and if he has to effect an arrest he touches the jierson to be arrested with his baton. In the event of his being deforced, i.e. successfully obstructed, his protest that he desists from further attempts to execute his duty on account of the conduct of the obstructors was formerly made by reversing his blazon in their presence so that ihc King's arms are no longer displayed, and sliding the ring from one end of his baton to the other. Now, and perhaps for the last hundred years, the blazon, made reduced in size, is worn no longer on the breast, but attached to the ring on the baton.* ' Burnett, //f-w;/'//*/ U#.<-, L)on Orticc. - Ail of l'.irl. ijyi.cap. u;. ' Formerly, it should be explained, the Micers of I'^rlijinent, Privy Council, Exchequer, Justiciary, and Session were reckoned among the officers of arms for purpoiet of proclamations of various sorts; but the M.iccrs of Court of the proent Jay are on a different footing. Thejr have no longer any connection with the LyonN Jcpartincnt. Such messages addressed to in- dividnals as fall to be delivered by oHicers of amis arc entrusted usually to the Messcngers- at-Arms, who are the third class of officers under Lyon (sec page 58). They are a separate body of officen, whose sole duty under Lyon consists in the executing of summonses and leitfrs of diligence in civil and crimitul matters. At the date of the former edition of the present work they numbered about a hundred, and were distributed over nearly every shire in Scotland. Owing mainly to the effect ol recent legislation in making it competent to execute summonses by registered letter, and the abolition of imprisonment for debt, their numbers have fallen to about thirty. Thejr are now to be femd in only ten of the shires, and are mmtljr in Edinburgh and Glasgow . * Stair, ImAtaHm, bk. iv. i. 47, § 14. ^ fUte vii. HERALDS' NON-ARMORIAL DUTIES 4,3 The «ord««r HeniuW*. and Purtevnte. ' wtrt indeed cilled upon to perform many duties. A complaint tc the Privy Council in 1579 by Rom a..d Islay Heralds of the amount of then testifies at least to their variety The Heralds say that they are required to 'await continually u,x>un his HiencM lervKe at all Pariiamenti, Conventiounis of the nobilitie. cntress of Ambamdour.s. makand of K.,ychti«. Lordit and Erili.. and otherit ordouria.' They were also liable 'to be send be his hieness to forayin cuntries.' At the t.mc of thcr complaint 'all the dayis of the yeir ar occupiet in his hic- ne« cont.nuall service about the inbringing of the superplus of the thriddis' to h.s Majesty, under his Collectour Generall. mm th,t in a quarter of a yeir they ha.ve nocht leisure to live sex dayes in thair houssis with thair wiffis and ba,rn.s. except it be at the making of tha.r comptis, and then, God knawis, thai are continuaUie occupiet.' « A few years before the date of the com- plamt. we find a Pur«,ivant and a Messenger sent to Burntisland to search a sh.p for stolen goods ; = and. in . 578, a Herald appointed to taste th« wines .mprted at Leith to give the King. say. the r«eo«i. an opportunity of acquinng the best.* ' Without going hack to very early times for further iUustrations of the variety of the errands on which the Heralds were in use to be despatched we may recall the Order of Parliament of ,482 already mentioned, that a King of Arms or a Herald of wisdom should be sent to England to treat of the Kin./s mamagc, and add to it the case of the Herald sent by the same King on the eve of the Battle of Flodden with a challenge to the enemy's commander, the Earl <^ Surrey, to single combat. The tale of IsUy Herald carousing with York Herald in the midst of the pourparlers which passed before the same fight IS weU known. In home affairs the Herald was frequently employed in measures which were scarcely distinguishable in form fi«n war. In i c6c a Herald was sent to summon the Douglases to surrender and evacuate the Castle of L^h Leven.» In 1 573 a Pursuivant was dispatched to charge the ' The thirds of the revenue, of the Church bnwicei. 'Pn^ MlRig^, ,4,h November. ,579. ^itu, .-th Feb.. ,57,-3. in,™!l I • ^ ^» not «» year. old. he wu proUbl, „„, .mmedutely interested in the HerakTl wxm » thi. impoftMt koMkoU d«, 7th N'ovember, 1565. HERALDRY IN SCOTLAND turbulent Lord Robert Stewart to deliver up a fortalice m Shetland ■ In 1579 a Herald was directed to take pouctsion of and hold the house and fortalice of Arbroath, which he did, and held it for a month.* Jerome Spence, Rothesay Herald, WM sent in 1 661, armed with a Lyon King's wirrant and order, to cite the Cattk of Bui^ tu turrander.* Anon were stronger m< isures nccJed to bring that garrison to its tente*, and John Basillic, Isl i Herald, was sent t<> it, accompanied by troops. The record tR-4rs that the Herald displayed his tabard, and summoned the castle to surrender, on ptin of asMuk : it surrendered.* So late as 1688, the summons to Captain Wallace to surrender the PriKe of Holjrrood «n ddivereii by the mouth of a Herald. ' The ceremony, once common, when the King in his progret* through the country came to a fortified place, of announcing hit arrival and •umraon- ing the goverr.or to open the gates to him, it ttill performed at the Cattle of Edinburgh when the King arrives in state or semi-state : it has been done on aU the three occasions which have occurred since the Union. Heralds delivered the summons on the occasion of the vi«t of King Gcotge IV., on 32nd Ai^utt, 1812.* On the occasions of the entries of his late Majesty, King Edward VII. and Queen Alexandra on 12th Ma>, 1903, and of their present Majesties, King George and Queen Mary, on 1 8th July, 191 1, all the dRcert of mm were present, attended by the State Trumpelert. and the tummons was made by Lyon. A note of the fiirmt uted on these btt ocowont will be found below.' To the same class of duties of the officers of arms belongs the puWah- ing of royal and national prodamationa. According to ancient law and custom all announcementa of importance to the people, which are required to be made anywhere, are made at the market cross of the head burgh of the district. All proclamations addressed to the nation at large are ' Pripj CtMcii Rtptltr, i7tli March, 1571-3. »3'<1 Jun't 1579- • lUd. ajrd June, 1668. « Urd Brtdit : Ui Lift «ml Ttmn, 190+, p. 146. 'Amot, Hi$i. ifESm. p. 181. " Hiiltncal Aittnnt of Hit M^^ntfi ruit m SchM, Kdiabutgh, i8*a, chap. is. ' Appendix No. (i. ROYAL PROCLAMATIONS 4,5 made the M«to Cr«. of Edinbu,^. the cpitd, the fikct of that C«« being, by a fiction of law, the commnnis paoit of iH ScotMien «rithtn fht reaJm.' Scotsmen abroad the place of proclamation was • the pier and of Uith. Before the Union of ,707. when the Acts of the Scots l-Wtanent wer« promutgited by proclimation.« and when numerous other proclamations of iaftrior importance wen r«quii«d to be made, inferior officers of arms were occasionally called in to officiate. In the more important matters the order for proclamation wa. addresMd to the Lyon Hendcb, and Purtaivanta. ' Though the Act, of PWiament no longer require procl«nation for their publ,cat.on. the aui^ectHRatten of d» n^al prodamationa atill h«ml ai« various. There ia. for examplt. the proclamation calling on the Scottish peers to meet and elect a reprewitattve to the Hoti« of Lorda to fiU a vacancy • the proclamation the dissolution of a Parliament and the general summons to the lieges to elect a new Hou«: of Commons ; and the simUar summons to the Scottish peers to elect new representatives to serve in the House of Lorda; the proclamation of an alteration in the currency etc Once ,n a reign is heard the proclamation of the appointment undi the Great Sea of a Court of Claims in respect of an in.pending royal coronation. Ihe prodamu on announcing the Imper a' I.\.rbar ubout to be held at Ddhi by the £mperor King in pcrion, which is m^de on acth Mareh. 191 1, was unprecedented. The ordinary procedure before and at a rc; . ^ zLmation in Scotland when the Court and Government is in London is that the text of P««iw»tion it tranamitted by the Secretary for Scotland to the King's Lieutenant or Sheriff at the place whet« the proclamation i. to be publish«i It 18 the duty of that officer to see the procUmation duly puUiahw} and to make a return to the Secretary that it has been done , proclamation such •* ^ '»«^ enumerated above, and whid, .c be published to the peo^ of ScoAnd from the Market Crom of Edinbut^h. i, transmitted to theSh«nffofEdinbw;|hamitheLothiana. He intknatea its arrital to th. ' Act of Parliament. 58,. ..p. „8 : Suir. /mDmm, i. il. 4 5 i,. ,8, , iv. 4, , ' hnkine, /w/ifiMr^ I. I. }7. 426 HERALDRY IN SCOTLAND Lyon Clerk. On the day arninged for the ceremony of making the proclama- tion, the officers of arms, or as many of them as can attend, assemble, and in their levee dress and tabards of the Royal Arms, and accompanied by the State Trumpeter* at the Sheriff Court buildings, receive there the te« of the proclamatbn. The form of the ensuing ceremony is worthy of notice. The officers of arms on emerging from the building are received by a captain's escort and the regimental band of the garrison. In further respect for the King's message, which is the occanon of the function, the escort comes to the salute, ard the national anthem is f^yed. Led by the buid (playing) and prcceiled by the Trumpeters — the escort flanking the proces- sion — the officers of arms proceed to the Cross. They are accompanied there by the Sheriff^ or his Deputy and an attendant witness, who are afterwards to certify the performance.' After a Anfkre of the trumpets from the Cross, one of the officers of arms, in a loud voice, makes there the proclamation. The proclamation always ends with the words : ' God save the King.' The officer of the escort again orders the royal salute, and the band plays the national anthem. The procession reforms and returns in the same order to the SheriflF Court buildings. On arriving there, the escort again comes to the salute and the anthem is again played. The officers re-enter the building and the ceremony is at an end.^ The most nouble proclamation that falls from time to time in the ordinary course of events to be made b not a royal proclanution except in its subject-matter : it is the national proclamation of the accessbn of a new King. In the circumstances of the case— which are more projierly deuikd in an Appendix,* — it n easier to say what ought to be done than what, in Scotland at least, is done on such an occasion. ' When the Sheriff attends, as he docs, at a proilam.ilion of an aciession, he does so in the full dreu of his office or his rank at the bar. No special dress is prescribed for the Sheriff's Deputy or his attendant on the o<:casion of an ordinary proclamation. Respect for the occaiion, however, , which had been already made, and an order from the Privy Council to repeat it On the last two occasions of the demise of a sovereign, in 1901 and 1910, the telegraph and railways, both of which had been introduced between London and Edinburgh since 1837. had communicated the new. to the officials ,n Edinburgh before the proclamation of the new Kimr's succession had been made. On both occasions it was possible to make The proclamation in Edinburgh as soon as it was possible in London ; the same may be said of Dublin ; but in neither Dublin nor Edin burgh was action taken until an official intimation of the demise arrived from the ft-ivy Council in London with a copy of the proclamation, already made in London, and an order to publish //. Except in circumstances in which the Scottish capital is in pc^seswon oi official knowledge of the demise and of time during which it would naturally make a spontaneous proclamation of its own. the piccedence observed in 1901 and 1910 will probably be adhered to. The proclamation which is made in London is of such a spontaneous character, that the customary form in which the personages who, chancinir to be within call, are assembled, entitle themselves, is (We) 'the LordS >p.r.tual and Temporal of this Realm, being here . . . assisted with tho - o^ his late Majesty's Privy Council, with numbers of other principal gentlemen of quality, with the Lord Mayor. Aldermen, and Citizens of London.' • I„ 'The theor,- underlrng .he inclusion of the Lord Mayor uf London at royal coronati,^. 1' t':':itt" ''''"^ " "'^^^ °" '-'"'^ « the oCmt to whom the proclamation has been entrusted by the ' Lords Spiritual and Temporal etc./ with orders to see it made to the nation. If there is any other officer' wch a. the Sheriff of the Lothians. who is ordered to sec the proclamation made from A. same place, he wffl mrtundly be p«ent •ith the fir«H«med Officer. If any returning officer is appointed, he wiU natemHy accomprnv them. W.th him ends the list of the actors. After these come dTgZ Pewonage. and corporations, who are present as loyal approvers of the proclamabon. They praoeed in the order of their precedence. But the order of precedence of the component prts of sudi a iniiiisiiii h a mMter of surpriwng difficulty. Among public baiies the College of Justice nudte M onebodr At its head i. the Ix,rd Justice-General and Lord President, both oikea bemg ^ i„ «« p^. Then come the Lord Advocate, the Lord Justice-Clerk, and then otter SmmM of the C^lhm « ^ other Judges of the Court of Session. After them comes pn^dl^ti» whole of the rest of the legal profession, beginning with the members of thr SI^TTr* °^ Signet, and Solicitors Wbreth. Supreme CW The Colleg. of Jurfce tekes precedence of all u>« 'JMV^'"'^ J*"' '^/'^y «»f •649, of Ifce for«.l demand and ce»io„ of tfcc anouwr pradrautiM » formal and imporunt » tkoM of whicli we aic >p 430 HERALDRY IN SCOTLAND Universities and Colleges. The Universities take precedence of the Royal College of Ph/sicians of Kdinburgh, and that in turn takes place before the Royal College of Surgeons of Edinburgh.' Neither the city clergy as a body nor the Ihvsbytery of Edinbui^ have any easily assignable place, yet the Moderator of the Church of Scotland, though entitled to take precedence of all personages who are likely to be present in the procession which follows the actors in the function, usually prefers to class himself with the rest of his own cloth. Besides the ordinary military guard of honour and a mounted escort, the King's bodyguwd for Scotfamd attoida in force,* and, as is its ri^ht, walks and stands nearest of the guards to the officers in charge of makinjj the proclamation. The form in which the proclamation is made from the Cross, we have already mentioned. After it is made, and the salute and national anthem are over, and the cheers of the people are asked for, the garrison of the Castle fires a roval salute of twenty-one guns. The officers of arms, with their trumpeters, guard of honour, escort and the band proceed on foot to the ^rte o( the Castle,* and repeat the proclamation as for the information of tile iUng's subjects within the Castle. If it is proper for the Provost to dictsic the proclamation .it the Cross, it is proper for the Sheriff of the Lo^tHuis to dictate it here. They then re-form as before, and proceed, still on foot, to the yard in front of the Royal Palace of Holjrraed House, where the pradMMtfion is again repeated for the information of the keepers of that Palace and of the citizens of the ancient burghs of Holyrooil and Canongate. After this, the band and guard of honour being withdrawn, they proceed in carriages, still accumpaincd by the mounted escort, to ' the Pier and ' Thi< re>i^ on an intimation Sy ihe Secretary of State that priority at Court will be jiionied ui the former College uniil ii-. r ^hl to that place i^ upsct. The Koyal College ut Siujeoiu rai>eU an action ol lieclaiator ut it'< preferable right, in the Court uf the Lyon, but tiw-Ktioii w>» held by the Coatt of Scnion to be ioc onip e l e at . Staita Cms, ajrd June, 191 1. - For ^ome reason which does nut affect the primiple that it U a point of loyalty and honour for the King's bodyguard to tee to tiM ^aceablc !«ttl«neut of hit royal succeitor, the boJygtMfd WW not {Nweat on tlw aeewMi of thm PforJaMation of his pfWMtt M^mf in 1910. * If Hie Lotd Provost and MagtMntet accompaay tlM pracewioa tkcjr do to mcfdy u « part nl" the nutt approving personages, puhlli iHjJies, etc. Neitltcr the Cutlc not its eiplanaJc ii any part of the burgh, ur within their jurisdiction. HERALDS AND CEREMONIAL 43, Shore of Leith.' where the prochmatkm for the benefit of all Scotsmen who are « furth of Scotland ' is made, the krt of the functions on «.ch a., occasion AU these proclamations are preceded and followed as ordinary royal proclamations by fanfiires of the trumpets, the royal salute and national anthem. The detaib and accompanimenu of the ceremonies, as -ney have been observed for at l««t the l« hund«d and fifty years. wiU be found in the official gazettes. > " "c The officers of arms are a proper part of all processions in which K V .« foil «ate, and they are frequently called upon for similar duty when the King in semi^e. Of this, the royal proce-ion. on the entry of Kmg George IV. ,nto Edinburgh and his progress to the Castle «fae; Marchmont Herald rode, preceded by the Trumpeter., is a case The pr«:««OB of their present Majesties. King George and Queen Mary, into hd-nburgh ,n July, ,9,,, i, a nwKe recent illustration. On that occasion nve officers of arms rode.' Among the ceremonial duties of the officers of arms is that of marshal- Img of royal and other public processions. Chief of these, out of doors was the procession or Riding of Parliament, j>osition in which was the test of Kecedencc. from competition, for which even Lyon him«lf was not exempt. In the words of Sir George Mackenzie, writing in 1680. the Lyon and the Usher of the Parliaments do debate which hath precedence the Usher maiMwng that a. he behoved to precede the Heralds he ought' to precede Lyo. it bd.; anknow* that Lyon should be separated trom h,s mfenor officers, an argument whkh Maefcensie, hfnrever. does not admit, and modern practice does not support. At royal coronations in Scotland Lyon and his brethren took a very prominent part. These ceremonies taking place in England since the Union are conducted according to the forms and luagw of England. The Scottish and Irish officers of arms have no other duties in them save to walk in their tabards in their allotted places in the royal proceawm.' ^^^'':::^'^^^n^^' Mr. A. D. «. ■•■ These processions have been restricud Mact the coron»tion of King WiOiaa IV n*m the proce«ion through the streets wu SfntA with. The procciHM mm itam'ki the 432 HERALDRY IN SCOTLAND In connection with the ceremonies rdating to the opening, in 191 1, of the new Cliapcl of the Order of the Thistle erected at St. Giles's Cathedral, Kdinburgh, by the munificence of the late Earl of Leven and Melville, the admission into the Order on that occasion of two knights, and the knight- ing of one of them,— which were done after the Chapd WM opened,— the officer* of amw had duties of various kinds. They proceeded to the Castle with a warrant ; and, with a guard of honour brought down the Scottish sword of state to the Cathedral. After the ceremonies were over they in the same way took the sword back to the Castle. And besides leading the pnxesaions irithin the Church, they had the duty of conducting the knights-elect from their places in the Church to the Thistle Chapel. In former times the Heralds had the duties of watching over the formali- ties on occasions of single combats and tournaments, and of funerals of the nobles as well as of royal persons, in which the heraldic ensigns and genea- logical achievements (hatchments) of the defuncts required to be displayed. The duty of the Heralds to be present during the sitting of the Parlia- ment, a duty enforceable by fine or deprivation, has been noticed. Their functions there, besides those connected with the Riding of the Parliament, were those of executive offices. The General Assembly of the Church, a legislature and a court which for long was scarcely less potent, was in a different category ; and if the officers of arms appeared there, u diey do now, marshalling in the King's Commisuoner on his first arrival, they did so merely as state servants of the King. The Assembly may have seen them in force in the reign of King James VI., who was present at the sittings of six separate Assemblies him- self.' But we are aware of no actual record <^ these havii^ been there till within quite recent times. They discharge no official functions under the Lord High Commissioner, save to appear in the Throne Room at Holyrood at his tuning levee, lead his procession, preceded by the State Annexe or tcmponiy vcttibale erected at the west end of the Abbey, and proceeds into the Abbey, when the penont who fimncd the varioiM partt of it uke the rttpectitre i^acct allotted tu them tu remain in during the lerrtce. Mtu the ttnrice the proccmoa rt-famw and returns to the Annexe. 'Ill tlie )e:irj I ;89, I S97, I $97 (• Second AMcmbly), 1600, i6ot, i6o<. See Chrri if StitkiiJ i't*r Bi*k, 191a, p. 149. REGISTRATION OF GENEALOGIES 433 Tnimpeten, from Holjrrood to St. GUet'. C*thedr«l in the opening service, and from thence to the AMembljr HaU for the firaetitttioii hf the Commit- sioner of his Royal Commission and the King's Lcttw. and for the other formalities of the opening of the Assembly. The procession through the streets is performed in carriages. The Heralds also lead the processions withm the Cathedral and the buOding which contains the halL In cases of Trial by Combat the Heralds in Scotland, as in other countries, played a part, more or less, under the Constable and Marshal. It was an o«licer styled the Herald Marshal who cited the defender by open procla- mation at the end of the Usts if he did not appear timeously. When both combatants had appeared and taken the oaths, and the Herald had made a proclamation at the four corners of the lists warning the spectator! to keep silence, etc., during the combat, on pain of death, then the Constable, according to «the Order of Combats,' assigned a convenient place within the lists for the King^f-Arms, Hendds. and other officers, tor henceforth all things were under their charge, and any wants of the combaunts that could be supplied • were supplyed by the HeranUs and none other.' > THB RBOISTBR OP OBNBALOGIB& Birth Brieves, which are official certificates of pedigite, are found in various records as early as the beginning of the sixteenth century; and illuminated certificates of probative quarterings are extant which belong to the seventeenth century. Of a number of these the Lyon Office reuins separate records; but the Register of Genealogies, properly so called, is somewhat meagre. It contains a number of pedigraes and birth-Meves. •me volume extending from 1727 to .796, and another from 1827 to the present day. There are also several collections of birth-brieves and funeral escutcheons.* It is certainly very much to be deplored that the Register of Generiqgtca b Mt Ufa owe compniMiiive chanetar, « *• "The Order of Combat,,' a copy in the charter cheat of the Earls of Errol, HereditMV Great Constable, of Scotland, of . fifteenth century doc«»«t Tm/ i, cJmku. Z D? (.eorge Ne.lwn, pp. a6o, 3^ ' **■ ^ An liidex to tkM kat teMpriMM faf tht &m)M *vW JMn^. 434 HERALDRY IN SCOTLAND importtace of a wcU-«uthentictted record of pedigree cannot be questioned. In referring to thi» Record, Profeuor Lorimer remarks : 'To what extent the Register of Genei^'^gies in the Lyon Office m«y be admitted as a proba- tive document condttiiv* of the fiwtt which it let* forth, has not been sKertained hf actual dcdtion; but there can be no doubt that, in questions both as to property and honours, it would be regarded as a most important adminicle of proof The genealogical department of the Heralds' Coll^ in London is a very impmtant one, and it is to be regretted that the uses of the correspomfing (kpartmcnt of the Lyon Office aic so Httk understood and appreciated by the public' ' The sututory fee, however, of ten guineas to begin with, and five shillings besides for every member of the pedigree recorded, places the Register, it must be admitted, beyond the reach or indinadon of most peof^.* For a time, in terms of a sUnding order of the House of Lords, dated iith May, 1767, the pedigrees of the English nobility required to be recorded in the Books of the English College of Arms, after having been proved at the Bar the House. This order, which had its dejections, was rescinded by Lord Thurlow in 1 802. There was an intention of substituting a new order, which, however, was never accomplished ; and accordingly, many noblemen are unable to exhibit any pedigrees except those which are published in the entirely unofficial * Peerages ' of the day. ENGLISH PBDIGRBBS. For a long period the Officers of Arms have been in the habit cf registering pedigrees ; and where these pedigrees lead up to an ancestor in the male line who had a right of arms, they have come to be recognized as equivalent to certificates of armorial right, according to the law of arms, in all the members of the pedigree. According to the older law, each cadet, however remote, who could point to his name in the recorded pedigree was held to be entitled to take his ancestor's arms and use them, with the diffierence which practice had prescribed for whoever occupied > HtmJMi •/ lit Uur tf Sc*ttm/, and cditkm, p. 446. * Sm Schedule B. uf the Act uf 1 867, Appendii i. .1- , ENGLISH PEDIGREES 435 hi. pred.e pl.ce in the pedigrN. ,4. . cmcmt or « n«rtlet, or perhtp. a crescent charged with a mmlet. «kI » «,. B«t mnr though Ae CoUege would not issue a new patent or grant of the arms of the anccMer wrthout a difference, the issue of a certified pedigree with the ancestor's arms emblasoMd on it i. taken to confcr the higher right-of the ancestor's arms und.fferenced I It is thus very doubtful if the EngUah wpum ami custom of ,„u.ng pedigrees at easier rates regarding fees than are impoied by the Act of 1867 on Scotsmen have been of an unalloyed advantage to that country henUdically. Apm fnm that conrideration. the formdities nccemry before the i.«ie of a pedigree of the EngBth College are calcu- lated to give the document very considerable weight as a record of English rUlZ °!JT '° ^""""y' ' '"dispensable practice of the U>U^ of Arms enjoins, that whenever a pedigree, hitherto unentered or to be compiled, is oflered for their auiction, the Henid retiined for that purpose .s obliged to submit it to the whole society in chapter, uid aU objections must be resolved before it is inserted in the public register, and duly ^"firmed. > In Scotland, as we have already said. Lyon alone has to be satisfied. That officer, however, it i. femembered. i. now. according to the recommendation of the CommiMon of igai, an Advocate of «iine mr.' standing. ' " l^tMirk, int, Oi Origin ^ Tr^ tfM, Srimt tfHvwUo p. 3«i. APPKNDIX I. ACTS OF PARLIAMENT RELATING TO THL HERALDIC AUTHOWTY IN SCOTLAND. I.— 159a, c. I as { fol. edit. c. 29 (Jac. VL). CoMcnmiMG the Offcc of Lyoun King-or*Aniw« snd hii bretlMr HermiMM. OuR« Soi'ERANE LoRi) and Estaitis of thi» present psrliamcnt, Considdering the preit abute that he* bene amongit the leigis of thi» realme in thair bearing of armes vsurpand to tliame nMIm tic armct at beiangis nocht vnto thame, lua that it can nocht be dit- tinpuiichit be thair armes quha ar pcntlemen of blude he thair antece«ouri», Nor sit may it be decernit quhat gentlemen ar discendit of noble stok and linage, (for renwiii hit hienes, with aduise of the saidis estaitit, hei geuin and grantit, and be this preicnt act gevit and grantit full power and commiwoun, to lyoun king-of<«rmct and hit brether herauldit, To vitite the haill annet of nt^lemen, baronit, and gentkncn borne and vsit within this realme, and to distinguische and discerne thame with con- gruent diffierencet, and thairefter to matriculat tham in thair buikit and Regitterit, And to put inhibitieun to all the commoun tort of people nocht worthic be the law of annaa 10 heir ony sii;..cs armoriallisThat nane of thame presume or tak i poun hand to beare or \se ony armes, in tyme cuming, vpoun ony thair insidu or houshald geir, vnder the pane of the escheating of the guidit ^nd geir, ta oft as thay sal be fund contravenand this present act, quhaireuir the tame aimet salbe found grawin and paintit, to our souerane lordis vse ; And lykwi.yit vnder the pane of ane hundreth pundit to the vte of the said lyoun and his brether herauldis. And failzeine of payment thairof. That thay be incarcerat in the narrett pritione, Thairin to renuuie, vpoun thair awin chargii, during the picsour of the said Lyoun. /tfm. Because charges of treason hcs not bene execute and used, with tik solemnity and OflSciares of Armes, as the weichtiness thereof requires : Ji is tutute and ordained that Our Sovcraine Lordis Theiaurer, and utherit directer* of tik lettert, ddiver them in time cumming, to he execut be the ordinar Hera.ildes and Pursevantes, bearand coattes of amies or Masers, to be used be thame, as of before ; and gif ony execution, under the painc of treaion tall be execut utherwaies, decbrit die execution to be iwBi and of nane availe. ACTS RELATING TO AUTHORITY 437 wKhin thii Rc.lme, quhilki. for the maist p.rt >r not qualifitd for using of the Mid owce, tetng ftdmitted be extriordinv ami inportum MiiM, bt nilMit tbiw the Liem rhVt?^ ■! !I ^^'"r Mc-engre. of Arm*. « he «llfim|, unwwthy ot the ofSce, And take Mcker toverty of dM WMimii, fcr nhaiiiaiiuii of their Of tM Midi Lonk, to enjojrnc further nccciiar injunctionat to the laids mcMenger^ for keeping of gude ordour in their oflicct : diKhvgiM Urn in thu mmn r^*"- P««nUy bearing «»ea, be reiM be death or daprivation, to the number contained in the Acte of rariiamnt, OMid anent the confuted number of officiarc* of armei. Becauie the juri«liction of the Lyon King-of.Amiaa ia not aUa to emcwe dew pumthment upon ail per««w, that .all happen to oiand in the o«e. of Arme. : Therefore our Sowain. Lord, with advite of hi. three E.tait« in Parliament, ordaini. and commamit. all civil Magiwiat^ a. they hII be required be the King of Arme^ or ony uthen. ,n hr name, to concur with him, to kc the acta mM in his ftvonn of hi. office put to dew execution in their jurisdiction. : A. alnra to concur with him, to the punishmant a«d in««rc««tion of all «k penon. a. ull u.urp the bearing of hi. MajcMie* Armes, after dew deprivation, under the pain of rebellion, and putting of the certification to th«n, and they bring reqtiiwd,littm«Ubadli«.i«plieiiwtop«ttli«iitotliohonia. 2.— 1663, c. S3 (Car. IL). Act in ftvoiin of the Loso Lvon Kmo^t-Aiimi.. FoaASMUCH a. King Jam« the Sext of bieiMd memorie and his E.ute. of Parlja- ment, Con.ider.ng the great abuM. have been conmited in the beareing of Armek Many vwrpeing to themselfli wch arwe. .. bdong. not to them. So aa it cannot be distmgunhed who are Gentlemen of blood, or de«:endit of noble lineadge, Thairfor d.d, be the ,15 Act of Parliament, holden in Junii ,592, Give Commission to tha Lyon King-at-Arme. To visite the hail! arme. of NoUemen, Bammaa, and Uentlemen, And to distinyuish them with congruent difference^ Which wer therafter to be mwrt m their book, and regiater. j And that none of hi. Maieatie, .ubject^ nve such as be the law of Arme. are allowed, Should presume to bear or any wnL in tyme comeing, vpon any of thair goods vnder the peine of eriwat of thair good, on whidh these ^e. are caned, And one hmulreth pund Scot, to the Lyon : Lykea^ h« Ma.eat.es RoyaJe fkther of happie memorie. Considering how much the honour and n^uU Nobility and Gentrie of thi. Kingdome con«sted in preserreing the noble office of Armes m caraftill rtgiitnting of the GtOMilegia., to be patent to all posterity, or whom eb it may concanMb And to that cAct, vBdenMiding dMt tke 43« APPENDIX I casualties, fie», and dewtie* vnderwritten, Doth in all reason, law, and equity belong to the Lyon King-of-Armct, be vertew of his office, v«., at the funeralb and intcnncnts of each Duke, Dutches, or Dukes relict. Sex hundreth pund Scots ; each Marques, Marchiones,or Marques relict. Four hundreth and fourscore punds; every Archbishop, Four hundreth punds ; everie Eark or Countes, or Earles relict. Three hundreth and threescore punds; everie Viscount or Viscountesse, or Viscounts relict. Three hundreth and fourty punds ; each Bishop, Three hundreth and fourty punds ; etch Lord of Parliament whatsumever, thair Ladies or relicts. Three hundreth punds: Which casualities and dewties abovewritten ue to be paid, in all tyme cmneing, by the saids Noblemen and Ladies, thair airs and executors, imediatly after the decease or funeralls of the defuncts, Sbr entering in his booke the Certificats of thair matches and issues, with the propper Armes perteaneing to their fomilie, to remaine therin ad fuluram rti mmtriam. Did, be his letters-patent vnder the privy Seale of tuenty-sevent of Junii 1633, Confirme the then Lord Lyon and his successors in the saids fies, ducties,and casualities. With power to him to vplift the saids fies, and vse all execution for the same. As in the said Gift is more amplie exprest; And his Maiestie now considcrine how much the honor and interest of the Kingdome is concerned in the due exercise of the Office of the Lyon, and in the right disposal! and carieing of Armes, Doth therfor, with advice and consent of his estates of Parliament, Renew, Ratifie, and Approve the Act of Parliament above mentioned and gift vnder his Maiesties privy Seall, and all other gifts and grants formerly granted and given in fiivours of the Lyon King-of-Arnics ana his successors. And ordaines them to be punctually observed and put in execution. Conform to the tenor thairof, in all tyme comeing ; And furdcr, considering what disorders and confusions have arisen, and are dayly occasioned by the Vsurpation of Cadents, who, against all rules, assume to themselfls the armes of the cheeft house of the familie out of which they are descendit. And that other mean persones who can nowayes deryve thair succession from the families whose names they bear. As they have at first assumed the name. Doe therafter weare the coat of that name to which they pretend without any warrand or grund whatsumever, Doth with ad\ice foresaid Statute and Ordean that no younger brother or cadent of any familie presume to carie the armes of that familie, bot with such distinctions as shall be given be the Lyon King-of-Armes ; And that no nnn carie the Armes of any noble familie of his name, Except he make it appear to the Lyon (who is heirby declared to be the only Judge competent in such caces and debates) that he is descendit of that fiunily i And for right ordering all these confusions which have creept in in these latter tymcs in the carieing of Armes, It is heirby ordained. That all Noblemen and Gentle- men shall have thair armes examined and renewed be the Lord Lyon and insert in his registers, and receave ane extract vnder his hand to be preserved be them. And that all such who, according to the addition of their honours, are to receave additions to thdr coats of Armes, That they receave the tame from the Lyon, And whoever shall oftr to assume any additkm without h» apprebttion, They are to be punished according to ACTS RELATING TO AUTHORITY +39 Mnfiirn" HmS, ?ll?^.'^r"'' «"« be«m of &be .rmes : And that „o Painters. M««oiM, GoUhmitlM, Wnghl., Gnrtn or any other of that nature, take vpon them w ^ve, cut, p«„t.or carve any armes whatsoever, Bo. «ch a, are approven ^thc Lyc^ K.ngH,f^n„«, And remit, to the Lords of hi. Maie«ie. privy C^u^ m the furT ,.ro.ecutK,n of th.s Act and the makeing of it e&ctudl, With piwer to Im to .Ike '^Z ''^ '"^"''"■"g of fics. wher the same; are not mod fied alreadie, and doeing every other thing which they shaU think fi, fir dome, Wh^h acts and ordinance, to be made be his Maiesties privy Councill in p«r«««» of thi. pre^nt warrand, Shall be accompted, and are Jo have au lch the fonaid Office, h.s Ma.est.e and Esates of Piirhament hes exeemed And be thi^ 17 "T". ''T'' ^'"^ '^^™" "» their ;el„s, ard ^rr«ril 1 T"" """'^'"^ '^"^'^'"^ injositions'r J or e' Sti« Sr^elM^*"" T""™ ' Di^hargeing heirby all and .indrie'his Maiesties hedges to trouble or molest him or them by the enction of any such imDou •t '» heirby declared. That the general! conception of this exemption .hall nowave. derogat rom the strenth and validitie thairof, Bot that, notwithstandKrie^r t.on. «Ml othen ,mpo.«l, or to be impoMd, wer p«ticul«rly therin specified. 3— 1663, c. 15 (Car. II.) Act wcimling . former Act p.^ in the im Se«ion of Parliament, wient «,me fies acclamed as due to the Lord Lyon'* Office. Sec«L"l^'!iiJ""^'"''!"rT« '° consideration ane Act past in the second KMon of Pariiament, entituled Act in fkvours of the Lord Lvon. dL SnA IZ ^^necessar and heavy burding therby layd vpon his Maiesti^^ feS^Ch^h^^^^ t, ned in the said Ac^ And therfor hi. Maiotie, with advice and consent of his Estate, of ^rWnt, Doth heirby Rescind and annull the said Ar. past in the slmj of Parliament, entituled Act in favours of the Lord Lyon. aVd als the ^d^^ mentioned therin, pretendit to he gr«.ted be hi. late of btid m mo^fe to^^ ormer Lord Lyon, bot never past the Sealls, And declares thel^d XTlLd ttft thennmenttoned voyd and null at inUU, as if t?ey had never beln' 4 — 167a, c. 21 ; fol. edit., c. 47 (Car, II.) Act concerning the Priviledge. of the Office of Lyon King-at-Armes men? hll^T^L*^^ Co«idering that, albeit by the .25 Act of the .a ftrlia- «-t, holdm by h. yi^in pn,^ in the y«r 1 5,2, ti i Si 44° APPENDIX I by any of his Maiesties leidges without the authority of the Lyon King-of-Annet it expreily dixharged ; And that, in order therto, Power and Commission is granted to the Lyon King-of-Armes, or his Deputet, to viiite the whole Armes of Noblemen, Barrens, and Gentlemen, and to matriculate the same in their Registers, and to fine in One Hundreth pounds all others who shall unjustlie usurp Armcs ; As also to Escheit all such goods and geir as shall have unwarrantable Armes ingraven on them : Yet, amongst the many irregularitie* of these late times, very many have asramcd to them- selvis 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 caried by them or their predicessors : Therfore His Maiestie, with advice and consent of his Estates of Parliament, Ratifies and Approves the forsaid Act of Parliament ; And for the more vigorous prosecution therof. 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, NoMenen, Barons, and Gentlemen, who make vse of any Armes or Signes armoriall, within the space of one yeir aftir the said publicatir -,, to bring or send ane account of what Arraes or Signes armoriall they are accustoned to vse ; and whither they be descen- dants of any familie the Armes of which familie they bear, and of what Bnvther of thefiamilie they are descended ; WithTestificats from personesof 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 hit office in Edinburgh, at the option of the party, vpon their receipts gratis without paying anything therfore ; Which Receipt shall be a sufficient exoneration to them from being obleidged to produce again, to the eflect that the Lyon King-of-Armes may dittinguish the saids Armes with congruent differences, and may matriculat the same in his Bookcs and Registers, and may give Armes to vertuous and well-deserving Persones, and Extracts of all Armet, 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 content 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 tnmimitted to hit 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 ibrtaid, thall pay One Hundred pounds money teiies qu»iits to the Lyon, and shall like- waves escheat to hit Maiettie all the moveable Goods and Geir vpon which the saids ACTS RELATING TO AUTHORITY 44, Anne, are engraven or otherwi^ repre«nted : And hi. M«ie.tie, with consent for«id Decla-re. that .t » oni.e allowed for NoMmen »,d Bmhope. to ^bKrive by the r tW« and that .11 others shall subscrive their Christned nan^or the ini ^alM tter ti^^ w.th there .imames, and may, if they please, adject the^de.i,„atio o h" 1^ prefixing the word « Of to the said, designation. : And the Lyon King-at A mL anJ ve.nm he.rof. and that they acquaint his Maiesties Councill therw.^ wh^^ hereby .mpowered to punish them as persones disobedient to, and contmvefnm of Law: It .. likewise hereby Dechu.«l that the Lyon and his BreSTHeridf t judge, m all such ««„ conc«r„.„g Mdvemt.^on of Messinger. in the" e the lawes of this k.ngdome, and according to former pmcticfc ^ 5.— 1867, c. 17 (Viaoria). An Act to «pd«e the Q,„«t «hI Omc. of the Lvon K.nc of Akms .n and the EMotuMiim of the Omen, of the nme iT^w'^JldTJ-"'.'" ^ Lyon King of Ann. m4«rA«r^, and the Emolument, of the Office.^ of the ame- Be It therefore enacted by the Queen's most Excellent Majetty. by and with th. Adv.ce and Con^nt of the Lord. Spiritual and Temporal, and CoCC inl^i. 1^ ftrhament a«e«bled. ami by the Authority of the same, as follows ^ S jTI, T'^ '"'"'"^ ''"^ Act the Jurisdiction of the Lyon Court in 5« W rf„l, be exercised by the Lyon King of Ar^ who .hall have the Ce Ri"htr S 7"*, '^P""" - ""^^ ""^"^ Wonged to theTyon £ of Am».n WW except in so far as these are herein-after altered or regulated ' a. The Lyon K.ng of Arms shall be bound to di«:harge the Dutie. of hi, n* personally and not by Deputy : Provided alway., that in rt^ eLt of^h! , other Person to discharge the Duties of Lyon Kine of Arm. Commi^ion shall not be liable to any Stamp^Duty Tnd pr^de^ CrwitlTu Zrif A ""'Tr ^.r" ^^^P^^^^ ^bsen/eor IncapaSy o he t on Kmg of Arms the Lyon Clerk shall be and is hereby empowered to'^.dnit to t^ a^?rali« " "'"^''^ » « P"-* lIw 3- The Lyon King of Arm., who .hall be appointed by Her Maiestv Her H*;« and Succ..«,s .hall receive «ch Sdary, not exceelg Six hundrLi the Comm.«,one« of Her Majesty's Treasury shall from Time to TVmrappro""' payable qumerly out of «,y Monies to be voted by Parliament for that Pu^'E salary shall come in ahax of the Fcm ki»lw>M ..i^ki w i.- . '^"^P***» longer be entitled. ""^ "« 442 APPENDIX I 4. The Lyon Clerk ihall heroifter have the «wne Right* ana pcrfonn the nme DwicH as heretofore, except in w far m the »me are herein-after altered or regulated. 5. The Lyon Clerk, who shall be appmnted by Her Majesty, Her Heirs and Suc- cessors, shall, subject to the Provision conuined in the Twelfth Section of this Act, perform the Duties of his Office personally and not by Deputy, and shall receive such Salary, not exceeding Two hundred and fifty Pounds ^/r Annum^as the Commissioners of Her Majesty's Treasury shall from Time to Time approve, payable as aforesaid, which Salary shall come in place of the Fees hitherto exigible by him, to which he shall no longer be entitled: Provided always, that in the ev.nt of the temporary Absence or Incapacity of the Lyon Clerk it shall be lawful for the Lyon King of Arms, with the Consent of Her Majesty's Advocate, to grant a Commission to some other Person to discharge the Duties of the Lyon Clerk atl mttrim, and such Commission shall not be liable to any Stamp Duty. 6. The Heralds and Pursuivants \n Scttland shall be appointed by the Lyon King of Anna, and shall have the same Rights and Privilegr^ nnd discharge the same Dtttiet as heretofore, except in so far as altered or regulated by this Act. 7. No Vacancy in the Office of Herald in Scotland shall be filled up by the Lyon King of Arms until the Number of Heralds has, by Death, Resignation, or Removal, alien to below Three, after which Event the Vacancies which nuy occur in said Office shall be filled up, so that the Number of Heralds shall in Time coming be maintained at Three ; and no Vacancy in the Offire of Pursuivant in Scitland shall be filled up by the Lyon King of Arm* until the Number of Punuivants has, by Death, Resignation, or Removal, fidlen to below Three, after which Event the Vacancies which may occur in said Office shall be filled up, so that the Number of Pursuivants shall in Time coming be maintoined at Three : Provided always, that no Herald or Pursuivant appointed before the paiiing of this Act shall in respect of any Vacancy not being filled up be entitled to any larger Share of Fees thiui he would have been entitled to had there been no such Vacancy. 8. No Herald or Pursuivant appointed after the passing of this Act shall be entitled to exact any Fees, but each Herald or Pursuivant so appointed shall receive, in lieu of Fees, such Salary as the Commissioners of Her Majesty's T easury shall from Time to Time approve, payable as aforesaid : Provided always, that no Herald or Pursuivant appointed after the passing of this Act shall pay or give to the Lyon King of Arms any Comidenition for hi* Appointment, and if any such Consideration Jiall have been paid or given by any such HeraM or Pursuivant his Appointment shall be null and v«d. 9. The Herald Painter in Sc$tlaHd and Procurator Fiscal of the Lyon Court shall hereafter be appointed by the Lyon King of Arms, and shall respectively perform the Duties and be entitled to receive the Fees, which the Herald Pfcinter and Procurator Fiscal aforesaid have hitherto been bound to peHarm and entitled to exaa : Pirovided always, that no Herald Piainter or Procurator Tucal (hall have anjr ve»ted Right in wck rees. 10. ACTS RELATING TO AUTHORITY 443 ,h l^ flT f '° Twentieth Day of D«,«*,r ,nd from the F^th Day oi Jany^ry to the Tw«.««b D.y of Ju/y in each Year the Hour, of o Clock m the Afternoon, every Uwful Day except W^/j znd from the Twentv- /T 7 f-'^" the Thirtieth Day of frJ,\^, T^ZyjJ^lZlf fr«n Eleven o Clock .n the Forenoon to Two o'Clock in the Afternoon, and on and only : Provided always, that between the TwentyS D«r „tl r . the Fourth Digr of /.««^. i„ each Year, the Lyon King'^of Arn» Ll not be bound to entertain any Applications for Grants or Matriculations of AmCt for record,ng Ped.grees : Provided also, that there shall be provided fbr the Lyon^n^ of Arms, the Lyon Clerk, and the HenUd Pointer. «.ch efficient Office AccomnToia .,on a. the Comm»ioner. of Her Majesty's Tre.. ury may determine. ThiL'l' A T c"""'"" •'f '° °f Arm, by Knighu of the Th,«Ic under the Statutes of the Order of the Thitle, ««. the fL pa^ble to he unir frclfiL'.'llrT^"'"^ ^"^"'^ '^'"^ Second under the Great Seal of Gn»t Britain, of Date the Nineteenth Day of Jui, One thousand seven hundred and thirty-one. shall from and after the p«i„g^af th» Act J! pa,d .nto Her Majesty's Exchequer , and after the D«.th. ResigZ>n! or Remo"l any of the Hera ds or F^i^n .fore«id appointed ,,„or tofhe passing ofThrAct he Proporfon of Fees which but for the said Death. Resignation, or Remova lu d ha e been payable to h.m or them in Terms of the «id Statutes of the Order of the ri„st e, or ,n Tenm of the before-., .ntioned Grant of Hi. Majesty King cl" he Second, jh.Il be p«d into Her Majesty's Exchequer, so that afte the Death. K>n, or Removal of .11 the Heralds and Pursuivants appointed prior toT^Tof h,s Act the whole Sums appointed by the said S«t«te. 3 On every Genealogy r' orded . . - - - 10 10 Additional for eacii Member of the Pedigree ... S Certificate regarding Change of Surname . . - - «s Search in Regitter of Arms ------ s Search in Roister ol' Genealogies - . - - - 5 General Search in HeraMic MSS. - - - - - 1 1 General Search in Genealogical MSS. - t I On every Extract from a Register - - - - - 10 6 On entering a Caveat 5 On the Admission of a MeMnger at Arm* to |mKtite in the Countjr of Edinburgh 19 14 On the Admission of a Messenger at Arms to pracdie out of the County of Edinburgh ------ •S >4 Annual Dues of a Mcnenger at Anns practising in the County of Edinburgh ------- •7 Annual Dues of a Messenger at Arms practising out of the County of Edinburgh ------- •7 6 On renewal of a Messenger's Bond of Caution - - - 2 10 On recording Resignation or Change of Residence of a Meuenger a 6 On search for a Messenger's Cautioner . - - - a 6 On every certified Satonent of Name and Designation of such Cautimer, and Date of Bond - - - - - S On each Petition or Paper lodged in a Process against a Messenger 5 On each Interlocutor in a Process against a Messenger 5 ACTS RELATING TO AUTHORITY 445 On ntraeting «ch Wimnt, Decrtet, or Precept of Suti.ention, firtt / i. d. Sheet On ditto, each tubaequent Sheet On affxing Seal of Oflce to Warrant, Decree, or Precept - '. On examining Executions of Service and Intimation* of Precept* of Suipension, marking them on the Record and giving out Certificate On lending Proceit and taking Receipt - - - . On Return of Procea and xoring Receipt - . - o i o On Re-admission of a Mewenger at Arrnt - - . -106 On the appointment of a HeiaM - . . . - q 16 On the Appointment ofa Puiwivant - - . -910 N.B.— Th«M Fcca are exdwive of Stamp Outiaa when such are exigiUc. 030 030 050 050 020 o I o APPENDIX II. LYON KINGSOF.ARMS. (Mr. Fnacit J. 0„nt. W.S., Rothe«y Herald aad Ljon Clerk, has kindly supplied this list and the three liti* wkidi Mm it) '399- Henry Greve, King of Scottish Heralds. 1 400- 1 42 1. Douglas. '437-'450- Alexander Nairne of Saintfoord. 1450-1484. Tk rid DundM of Newliston. ('489)- ' ) -ay. 1496-15 1 2. cnry Thomson of Kellour, previously Islay, (•5«2) Sir WiUiam Cumyng of InveraUochy, previously Mtmkmwt. '522- Thomas Pettigrew, previoutly At^. •542 (?I538)- Sir David Lindsay of the Mount, prevbusly .W- doUM. '^^5- Sir Robert Ponnan of Luthrie, previously Ross 1567. Feb. 20. Sir Willia.n Stewart, previously Rtu. 1568. Sept. 13. Sir David Lindsay of RathiUet, piwbualy Etuhtsaj. 1591. Dec. 25. Sir David Lindsay of tbf Mount. 44* APPENDIX II 1620. Nov. 8. Sir JenMM Lindu^ of Annadand, advocate. 1630. April lo. Sir Junet BiHbar of KinMvd, Btrt. 165I. May I3« Sir Jami.s Campbdl of Liwm. 1660. Gilbert Stewart. 1660. Aug. a8. Sir Alexander Durham of Lkrgo. 1663. Jan. 4. Sir Charles Eraldne of Cambo. 1681. June 27. Sir Alexander Erakine of Cambo (joint 1677). 1727. July 6. Alexander Brodie of Brodie. 1754. April 3. John Hooke Campbell of Bangeston. 1 796. May 26. Robert Hay, 9th Earl of Kinnotril. 1804. April 12. Thomas Robert, loth Earl of KinnouU. 1866. July 26. George Burnett, LL.D., advocate. 1890. March 12. Sir James Balfour Paul, C.V.O., LL.D., advocate. LYONS DEPUTE. 1 63 1. Jan. 31. Laurrnce Oliphant, advocate. 1636. Harry Maule of Melgund. 1650. March 20. David BaUbur, advocate, afterwards Knight and Lord of Session. 1663. Aug. 15. Sir John Baird of Newbyth, advocate, afterwards. Lord of Session. 1666. Jan. 4. Wnfiam Thomson, W.S., of Fatriiehope. 1677. Nov. 10. James Skene, joint north of the Water of E»k. 1677. Nov. 4. Robert Innes, W.S., joint; sole lOth Nov. 1687. 1689. May 5. James Douglas of Earnshaw. 1724. June 6. David Ersktne, previously Rothesay. 1728. Nov. I. John Dundas of Newhalls, W.S. 1744. June 18. Thomas Dundas, yr. of Fmgask. 1754, Aug. 30. Thomas Brodie, W.S. 1770. Nov. 2. Robert Boswell, W.S. 1796. Aug. 8. James Home of Linhoose, W.S. 1 8 19. Feb. 21, David Clyne, S.S.C., interim. 1 8 19. April 24. George Tait, advocate, inurim. il33. April I. 1827. June a, 1 86 J. Nov. 9. LYONS DEPUTE ^ G«oift Ckrk Craigie of Uunbarney, advocate. JtmetTytlwofWoodfcoiwdee, W.S., joint; Kile, 845. Gtofft Banwtt, idvoaM. Offce abolWMd 1867. LYON CLERKS AND KEEPERS OF THE RECORDS. (•554). ('584). 1587. Jwi. 4. ('597). (r6o7). 1630. 163a. 1660. 1663. Aug. 8. 17 1 5' June 4. 1724. June 6. 1769. Dec. 8. 1770, Nov. 2. 1804. May 4. 1 8 19. Feb. 3. 1833. April t. 1845. May 5. 1848. Nov. 7. • 864. May 3. 1890. Match 6. 1898. Oct. 3. Adam M'CuUoch, Mttnhmni. Jamea Purdy of KinaJdiet, bUty, John Purdic, R»u, J«mea Borthwkk. WA, Rihn«y. Jamea Winram. Robert Watson, W.S., of Newinll. ThonM Dryadale, Islay. WinNun Wdr, writer, Edinburgb. Robert Smith of Gibliston. Charles Erskine, Butt, aftenranb BiroMt. David Erakine, RoOusay. Themm Bradk. W.S. Roijert BosweU, W.S. Jamv«8 Home, W.S. David Clyne, S.S.C. Edward VmStm Aurid Dnunmond Hay. Alexander MacdonaU. iwnrim. James Lorimer, advocate, inierim. Do. do. for life. James William Mitchell, Rothesay. Fraocia James Grant. W.S., Rthtuy. LYON CLERKS DEPUTE. ('675). Robert Innes, W.S. '7»5- James Dallas. '7' 8. David Erskine, Rotktsay. 448 APPENDIX II 1724-1751. No depute. 1751. May 6. Waikum Richtrdwn. 1755. April 17. Robert Donaldson (afterwards W.S.). MMrthmnt. 1769. Jiilv zq. William Walker, writer, Edinburgh. 1770. Nov. 17. James Cumyng, herald painter. 1773. Nov. 7. Robert Ranken, tolkitorHit^iw. 1794. l^ec. 24. William Boswell, advocate. 1796, Sept, 12. Alexander l.isti.n Ramage, writer, Edinburgh. 1799. Jan. 12. John Blair, writer, Edinburgh. 1801. Jan. 23. Alexander Bonvdl, afterwardt W.S. 1804. May 2. Thomas Small, W.S., Manhmnt. 1807. June 20. John Edward Touch, writer. 1807. Aug. 25. David Clyne, joint. 1812. July 30. Akxander Lambe RobertKtn (W.S.) and WUHam Thomaon jointly. i8iq. Nov. 5. De Carteret Mendell. 18:?. May 17. William Smith. 1825. Sept. 7. Archibald Duncan, S.S.C. 1828. Nov. 8. William Anderton, Manhmnt. 1829. June V Alexander Macdonald. 1845. I^^y 7- William Anderson, ManhmoHt. 1863. June 29. John Whyte. 1864. May 9. Robert Riddle Stodart. 1886. June 4. James William Mitchell, Rethiuy. Office aboliahed 1890. APPENDIX III. REPORT ON LYON OFFICE. The following copy of a MS. in the Advocates' Library (29. 3. 4.jhas been kindly communicated by Sir James Balfour Paul, C.V.O., LL.D., Lyon King-of-Anns. It appears to be the replies to some questions put by Captain Slezer, the miliury engineer and author of t'le Thtatrum Sitliat, but for what purpose they were asked is not clear. ANSWERS TO CAPTAIN SLEZER 449 The .Mwtn ««y po-ibly have been the work of the Lyon, Sir Al«nuid« E«ki«. The d«c mu.t k between ,68,. *. .here i, a reference tJ^ n..jy!^J:r'^: which took pl.ce th4t year, wid 1714, which i. the ot ikJfyZoT^ ANSWIM TO CAPTAIN SLIZEIlt QUIllIES. Th« the first institution of this office hath ceruinlv bnn dM>.»J . j • . .oa.-3r.„our and proper badge of honor such as 17^]Z^^ '° T^'i Qtc^gt McICen«le'. Henuldry ,n < Act. of Parh.ment. He is de«gned ^th « lL r.. or A„ AW/. being the principall Her-uT/I^ SSd Lrt^ from the royal bearing of Scotland. He has ri>ht ,« hi. « u give and difference armefc He Kimit. .11 rh. H« M d * " --mes. and of oW -«ltS ti'jlSr "d"".:!^^^^^ malever^ «.d even to the messengers' cautioners. He h« two "L„^^ r -n the year vizt :_6th. day of M.y «,d 6th. d.y ot" Novl^ ^hr r ^ are oblidged to appe., B.^ Hin, 1, .t other dr-'lrrhe^h- to their respective stations denunce war, proclame peKt -i ««»\«^ ■ « according cite on actions of treason wd doe .11 o her thin«E^. T ^ T ane Herauld h«e or in «,y o*er K^LrfZ ^ fii:.!^ T*^; bretheren enjoy «her DriwSL iSST*-! JtSl ^ ^ to be insert here. fcoooii, dignitm ud imnnuiitits too kmg ^ Jhere «. «x H.«uld. »« :_Alb«.y. Roth«.y, Smidown. Marchmont, Yl. and and a^^r"" Or«»„,. The Heraulds take place according to their p.tent. uA the IW«„. .ccordingly. APPENDIX III There are also six Trumpets who are called the King's ordinary Trumpets and are oblidged to attend upon the orders of the Lyon Office. And that the solemnity of the investing and crowning of the Lyon may be better understood you have apart the order of the Coronation of the present Lyon which was done by King James then Duke of Albany and York, and then representuig hi* Royall brother King Charles 2d as his high Cop-missioner. NOTjI here uke in the order as in a paper apart and thus the second querie is answered. To the third of the way and maner of publishing the King's proclamations it is answered : — , . ■ • u .u If it be a very solemn one such as of peace or war or of ane indemnity then the Lyon, Heraulds, and Pursevants begin their procession from the door of the Councill Chamber and so walk to the Cross, the trumpets sounding befiwr them and waHung 2 and 2 the youngest always first and the Lyon last with the Clerks of Councill. But if it be ane ordinary thing only the Heraulds and Pursevants goe from the Lyon Office and return in the same maner. So soon as they are on the Cross the trumpets give three sounds and they pulling of their hatts the Lyon in extraordinary cases and in ordinary the eldest Herauld proclames as it is privatly read by the Clerk of Councill standing behind the pro- clamer then the trumpets sound again, and they return as they came. But it isto be observed that when the King is to be proclamed that the Privy Council in a body ushered by the Lyon, Heraulds and Pursevants and likewayes by the Magistrals in their formalities goe to the Cross and assist at the procUmation there being a theatre erected below the Cross for the magistrats and such of the nobility as cannot gett room on the Cross. Nay sometimes the whole Convention of Estttes or Parliament have gone in a body from the Parliament house. Sometimes also the Chancellor hath proclamed and the Register read, the Lyon and hisbretheren standing by. Ordinarily the proclamation logins and ends with God save the King. When war is proclamed it is done on the Cross, at the Castle Gate, and peer and shoar of Leith. To the fourth of the way of inviting to burialls it is answered :— That the King's trumpets with trumpet banners goe thryce through the City and with sound of trumpet give the invitation in these words or the like :— ♦These are to invite noWemen, prelats, barons, and gentlemen to assist at the « funerall of the right Honorll A. Earle of B. whose body is to be transported from his . house of to the Church of in order to its intwment upon such a ' day of the week and such a day of the moneth and year.' And for the sdemnity of a buriall you have it in a paper apart in the case of the funeralls of the Duke of Rothes Lord High Chancellor but take care to leave out the names of those who bore the honors it being needless to put them in. ANSWERS TO CAPTAIN SLEZER 45 r To the fifth being the w»y of reve«ing arms it is thus :- When the sentence of forfaulture is pronounced agaimt „, i„ PsirlJ™. ^» doors are cast open. The Lvon H..r»..iJ. j u. ^ rarimment the great crson (every one of the Herauldsand Pursevants holding the likelsav this —Co-.^.- to this sentence of his Maif.«f.V« h,„k n ^ J ' " .— lX)MroMi «.c 01 nis Majestic s High Commissioner and Estates of Pkrlnfi»n» . P J t^ l"^ of ordinanr quahty the He««M, «„| p„«^^ doe it : If he be . feer the Lyon or his deput is present ne oe a upsiJet:!!: of »He annes .«Ued upon the Cross being turn'd AdvttttUi' Likrarj MSS. 29. j. ^. APPENDIX IV. PATEN I S OF LYON KINGS-OF-ARMS. "^kZZV \^T:T°^ ^""^^ ''^ S,R Jerome L.nosav as Lyon S::?st d1^^ ^" -"-ion of anci« Ol'R SoUUANI LoU> Ordanes ane f »ttr. t« k J ... ' *«. :-A, ,ori. fa, ,^ ^ ^ ^ ^ ^ _^ 45* APPENDIX IV Annatland, for cxerceing the office of his maist excellent Majesties Lyoun King of Armes ; and vnderstanding that the said office is now Vaikand in his Majesties handis and at his hienes gift and dispositioun, Be demissioun of the samen maid in his hienes handis be Sir Dauid Lindesay of the Mount, Knicht, his Maiesties present Lyoun King of Armes, In fauouris of the said Mr. Jerome; Thairfore our said Souerane Lord with advyse and consent of the Lordis of his hienes Secreit Counsel! of his Majesties Kingdome of Scotland, his hienes Commissioneris, Hes nominal and presentit, and be the tenour heirof nominatis and presentis, the said Mr. Jerome Lindesay to the said office, And makis and constituitis him King of his maist excellent Maiesties Armes, Giveand, grantand, and disponand to him the said office to be bruikit, vsit, and possessit he him during all the dayes of his Lyftyme, with the honor titill and dignitie of ane Knicht ; Ordaining him in altyme cuming during his Lyftyme to be callit, .Tittin, and intitulat Sir Jerome Lindesay of Annatland, Knicht, Lyoun King of his hienes Armes, Giveand and assigneand to him the sow me of Fortie punds vsuall money of this realme, to be zeirlie tanc and vpliftit furth of the radiest fermes and dcwtics of the landis of Ratliulet, with the pertinentis, Lyand within the Schirefdome of Fyiff, with all vther lies, casualities, and dewties belonging to the said office : To be bruikit and possessit be him zeirlie during his lyftyme, With powar to the said Mr. Jercme to vse and exerce, occupy, bruik, and possis the said place and office, with .ill honouris, stipeinds, commodities, privelidgis, and dewties belonging to the said office, and to convene before him and his brethering herauldis All and Sindrie members of the samen office and inferiour officeris at all tymes necessaris, and to try the qualificatiounis, fidelitie, honestie, diligence, and to admit thame of new to thair offices as thaj sail find meit, or to depryve thame of the samen, according to his discretioun ; And to mak statutes and constitutiounis for observeing of the samen honorable office of Armes in the puritie and right ordour, And to imput panis vpoun the resisteris, contraveineris th?.irof and the samen panis to vplift and apply to his awin proper vse. And to reduce and repledge all and sindrie herauldis, maisseris, metsingeris, and armour beareris arreistit, citat, or callit in law before quhatsumeuer Judges criminall, civile, or spiritual to the priveledges of his office and to the judgement of him and his brethering herauldis Cautioun de Collerauch (/./., surety to Court) to offer and find for administratioun of Justice within terme of Law to all pairties persewaris, and with all and sindrie vtheris Liberties, commodities, profiles, and easementes, and righteous pertinentis quhatsumeuer perteining or that righteouslie may be knawin to perteine to the said office, frielie, quyetlie, fullie, honoiablie, weill and in peace, Siclyk and in the samen maner in all respectis as the said Sir Dauid Lindesay or ony of his predecessouris, Lyounis Kings of Armes, brukit the said office before. But (/'.(•., without) ony Reuocatioun, obstacle, impediment, or aganecalling quhatsumeuir. Ge\in at Newmarkat the aucht day of November 1620 yeiris. Sic Subscribitur, Al. Cancel'' Mar Thes*^ Melroc George Hay. J. Murray Oliphant. PATENTS OF LYON KINGS-OF-ARMS 453 2. Paten , of the Office of Lord Lyon King of Arms in favour of Robert- AuR.o^ „,n»h Earl of Kinnoull. with remainder to his son ThomaI Georgius, Dei gratia, Magnae Brittani* Franci* et Hibei ni* R... FM.; n f Omnibus probis Hominibus ad ,uos pr«e„.e. Uter^ n^jr^^^, ^^^^^^ yuandoqu,dem nos considerantes qualificationes et animi dotes fiddissinj t dnectilTn; n«tn con«inguinei et Consiliarii Roberti Auriol Drummond Hav cSm i« H.^ n V,cecomitis Dupplin et Domini Hay dc Kinfauns S^"Z„t Hrdc Pedwardcn ,n Ang^ et Thorn* Roberti Hay vulgo nuncupati VicecorirDupplil Fec.al,s Regis Armorum pro ilia parte Regni nostri uniti Scotia vocata, vZ. Campbell Arm.gerorum. quibu. idem oftcium ulri.„o concessum erat ; Igi^ Sdati A?ri" KlZJntT ^"r- et Ordinasse memor'ato^R b ^ Auriol Urummond Hay Comitcm de Kinnoull, et Thomam Roh<.rf.,m H, i Dand "et "jS" ^ " "'""''"^ ^""^ « -"""-ones eaterrp" Jpt^ Dandi et Concedend,, una cum omnibus foedis, juribus. libertatih... pr«»cr,ptas, cmolumentis ad dictum officium specuntibu. et c'ui ll^'rtlbir: "^^^^^ qu« quovs tempore pr«terito ad idem pertinuerunt aut qua. ullo m^o ad dk tum officmm . a.e morti. Jo«,ni. Ompbell Armigeri qui ejusdem uZo p^i.^. Z pemnuennt.spectaverint vel accreverint : Tenendum'et Habendum dK^TXil Nostr, Domm. Leon,. Regis Armorum, a die morti. dicti Toannis CamnJIr e,usdem ultimo potitu. fi.it, per dictuTnobmum Auriol Druimon S^clZ ommbu. fedis, juribus, I.bertatibus privilegii. et emolumentis ad idem spe«aldb^ ct cum eodem usual.ter habiti. et potiti^ vel ,«« quovi, tempore pr«teTitSX mm officmm pertmuenrnt, aut qu« uHo modo ad dicturl officium a die mort Iti i^Z Campbell q„. ejusdetr. ultimo potitu. fuit pertinuerint, specuverint ve Lc^ enT« a et post decessum dicti Roberti Auriol Drummond IfayComiti. kSI vS res.gnat.onem eju. dicti Officii vel di«„ „i f„ ^ t^Sl^' 454 APPENDIX IV tunc Tciieniliiin et Habendum dictum officium Domini iiostri Leonis Regit Armorum per dictum Thomam Robertum Hay vulgo nuncuptum Vicecomitem Dupplin durantibus omnibu* ejus vitse diebus, cum Stilo, Titulo et Salario et omnibus 'fills, iuribus, libertatibus, privilegiis et emolumentis ad dictum officium spectantibus, ct cum eodem usualiter habitis et potitis, vel qua: quovis tempore praterito ad idem pertinuerunt. Pratterea Nos, ex Regia nostra benignitate et favore, Damus et Concedimus dicto Roberto Auriol Drtunmond Hay Comiri dc Kinnoull et Thonue Roberto Hay vulgo nuncupate Vicecomiti Dupplin, Salarium Sex Centum librarum Sterlineiisium per annum a die mortis dicti Joannis Campbell qui ejusdem officii ultimo potitus fuit incipere, et per diem illis et eorum superstiti durantibus omnibus eorum vitz diebus et vita diebus eorum superstitis quamdiu dictum officium habuerint ct ejusdem potiti fucrint secundum in eodem eorum respectivos interesse solvendum ct solubile ut supra, ex ulla nostrorum redituum parte in Scotia existentium ad usus civiles istius partis regni nostri uniti applicabiliuni apud eosdem terminos et similiter quasi alia Salaria in Stabilimento pro rebus civilibtis in Scotia usualiter solvuntur. In cujus rei Testimonium, sigillum nostrum per ITnionis tractatum custodiendum et in Scotia vice et loco magni Sigilli ejusdem utendum ordinatum prsesentibus appendi mandavimus, apud Aulam nostram apud St. James's, Vigesimo sexto die mensis Mali millesimo septingentesimo nonagesimo sexto R^ique Noctri anno trigesimo sexta 3. Patent in favour of Jamf' Balfour Paul, Esquire (now Sir James Balfour Paul, C.V.O., LL.D.), dated I2th March 189a \ iCToRtA by the Grace of God of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, w! ^reas we talcing into Our consideration the qualifications and abilities of Our trusty and well beloved James Balfour Paul, Esquire, advocate, for discharging the duties of the office of Lyon King of Arms for that part of Our United Kingdom called Scotland now vacant and at Our disposal by the death of George Burnett Esquire, to whom the said office was last granted. Therefore know ye that We out of Our gracious pleasure have made nominated and appointed the said James Balfour Paul during the term of his natural lifie Our Lyon King of Arms in that part of Our United Kingdom called Scotland and also We for Us and Our Royal Successors Give and Grant to the said James Balfour Paul during the term of his natural life Our full power, liberty, licence and authority of giving and granting Armorial Bearings to virtuous and deserving persons according to the rules and ordinances already established for that purpose : To have and to hold the said office of Lyon King of Arms from the day of the death of the said George Burnett who last held the same unto him the said James Balfour Paul during all the days of his life with such yearly salary as may be assigned thereto by the Lords Cor.^missioners of Our Treasury in lieu of all fees casualties and profits of the same : And with all rights privileges and immunities belonging to the «iid office and therewith usually held and enjoyed or which thereto at any r-'me heretofore pertained but subject always to the PATENTS OF LYON KINGS-OF-ARMS 455 yearj of Our Re.gn chapter ,7 .nt.tulcd 'An Act to regulate the Court and Office of he Lyon King of Arm. m Scotland and the emoluments of the of.icer, of the «une.' In wtness whereof We ha^ e ordered the Seal appointed by the Treaty of Union to he kept an made use of in place of the Great Seal of Scotlar.d to be I, pended h " to M K ?Z ^T." '''^^^ March in the yeL one thousand eight hundred and ninety and in the .Ifty third year of Our Reign. Per signaturwn manu S.D.N. Regina supnHcriptam. APPENDIX V. PATENTS OF ARMS. Wb have already given a specimen of an Early Scottish Patent of Arms {,u/>ra, p. ,2,), CoIcZ "k \ri' y"''' '567-' As examples of Ire'recen pr^.nTti^^ * ""^"^ » •P"'™" °f «y'« ««0Pt«l at the Grant ok Arms to the Roval Burgh of Aberdbhn by Sir Charub Ersk.ne ofCambo, Baronet, Lyon King-of-Arms. To all and sundrie whom it effeirs. I Sir CharUs Aresiine of Camh, Knight and Haronet Lyon, Kmg of Arms; Considering, that by several Acts of Parliament "s we of Our dread Soveraign Lord, CW« the Second. By the Grace of Goo K^g 7f WW Fran., and IM, Defender of the Faith ; as of His Mai sfie' Royal Predecessors: especially, by the twenty one Act of th^ third Sessiorof hi Current Parl.ament, I am impowered to visit the whole Arms and Bearing:- withi .I..S K.ngdom, and to distinguish them, and marticulate the same in my iLZ^Z Registers, and to g-vc Extracts of all Arms, expressing the Blazoning under ny hand and seal of Office : And which Register, i. by the fo^t^ Act. olZZ to be respected, as the true and unrepeal.ble Rule of all Arm. and Bearing, &S. .hosel: on"""" °' '"^"^ F-i-HT of the Act of ,6;. we «.y cite .ranhilf ^""!! ^H"^" f Pittendrcich. 6.h February-, ,566-67. printed and al» photo- graphically reproduced i„ the HerMr, Exkibition CVWofL ,802 No a. Ix^l i 2 Dav,d ClayhilK of Inneigowrie, i.nd October, ,667 (Set. Her. Ex. No. 50) (J) S.r James Galloway, Matter of Reqaa,^ ,9th D««nber. 163.. quoted by S.> Gcor« Macke^e in hi. i. . .p.n«e. of . ,„« „f . e«. .0 a pi^n'aKady i„ 4S6 APPENDIX V to remain with the Lyon's Office, as a publick Register of the Kingdom. Therefore, conform to the power given to me by His Sacred Majesty, and according to the tenors of the said Acts of Parliament ; I testiiie and make known, that the arms of old belong- ing to the Royal Burgh of Ahndteu, and now confirm'd by me, are marticulate in my said publick Register, upon the day and date of thir presents : And are thus blazoned, VIZ. The said Royal Burgh of Akerdttn Gives for Ensigns Armorial, Gules, three Towers triple towered, within a double Tressure Counterflowred Argent : Supported by two Leopards propper : The Motto, in an escrol above, Btn-Accard (the Word Bon-Aicord was given them by King Rthert Bruce, for killing all the English in one night in their Town, their word being that night Bei-Atctni). And upon the Reverse of the Seal of the said Burgh is insculped, in a Field Azure, a Temple Argent, Saint Michael standing in the porch mitered and vested propper, with his Dexter hand lifted up to Heaven, praying over three children in a boyling Caldron ' of the first, and hold- ing in the Sinister a Crosier, Or. Which Arms above-blazoned, I hereby declare to have been, and to be, the true and unrepealable Signs Armorial of the Burgh Royal above-named. In testimony whereof, I have subscrib'd this Extract with my hand ; and have caus'd append my Seal of Office thereto. Gi\en at Edinburgh, the twenty fifth day of February, and of Our said Soveraign Lord's Reign, the twenty sixth Year, 1674. Charles Arcskinb, Lytn. Patbnt of Arms by Thomas-Robert, Earl of Kinnoull, Lord-Lyon King of Arms, in favour of Sir Jambs Campbbu. of Strathcathro, Knight. To All and Sundry whom these presents do or may concern. We Thomas Robert, Earl of Kinnoull, etc.. Lord Lyon King of Arms, send Greeting : Whereas Sir James Campbell of Stracathro, in the county of Forfar, Knight, hath by a Petition, of date the twenty-third day of August last ; Represented unto us. That the Petitioner was the second son of James Campbell by Helen his Wife, daughter of John Forrester, Tl- ' the Petitioner was desirous of bearing and using such Arms as might be indicative of his Name and station in life, And prayed for Our licence and authority accordingly. Know ye therefore that We have devised and do by these presents Assign, Ratify, and Confirm unto the said Sir James Campbell, Knight, and his Descendants, to bear and use in all time coming, with due and proper differences, according to the Laws of Arms, the following Ensigns-Armoriil, as depicted upon the •This is .1.1 erroneous account of a miracle attributed to St. NichoLis, who was the patron saint of Aberdeen. He was said to have found three children killed and salted down in a tub— not in Aberdeen— for food ; and to have raised them up to life again by nuking over them the sign of the cross. A representation of the Legend is fimnd on the ancient teal of the lit) . See Tie Arms of the Royal and Parnamtntary Burghs »f Scotland, by the Ute MaiqacN of Bute and Messt.. J. R. N. Macphail and H. W. Lonsdale, 1897, p. 3. PATENTS OF ARMS 457 Z'£!« T!:r'^ Matricukted of er«. d.te with tl«K pr«en» in Our Public Rcgi«er of all Arms and Bearing, in Scotland, viz. : Gyronny of ei '» fat an m«.ric«Ution, the Lord OrdinT^^u^^thrPu'ut !^To «o """h'"""' !f intention of .uch illumination. .LT^ iZl'^^^ h^ i ei^e' oT h'^I "h"' own terms of art, precise and fixed, md which m., Z^l^ Z^^ ^ " to all pai.„ers engrave,, and other.. forVroperly^Tlin^inrJe^^'ZiZ r..p«t.ve y, on wheel carriage., plate, and h^Jhold furniture ^ ^**f "the L,on Office pnor to the year 167^ The tnKiition was that mo.t of tl Td ZlSL'lI^TjT^''' ^ '"c officT. el old "«n.»cf.pt book, of heraldry which are of great u« in matricuUtion.' He »dZ\Z . 1?!'^ ' """""" ">« when Mr. Murrav?PDlied for _ , require.! to keep unlearned pamter. right. Jo^n till th« d.r. «f ,h " 'S'>^"» *»« that public po«e»ion had been continued tZrr^ id P;*^^"""" • 'I'" - '° 'he tincture^ since no evidence to the contrary tmd been adduced, .t must be presumed 'that the colour, of field and charJ had used the .upporters, crest, and device which were borne by the ddenT, «d Zld Lodge in the handt of the clerk to the proct 464 APPENDIX VIII ' that such long possession infers an antecedent right, or excludes all challenge on account of defect of such antecedent right.' The Lord Ordinary took notice that the Pursuer (the Fiscal) had declined to say which category under the Act of 1672 the defender belonged to, — whether that of persons who had arms which they had right to matriculate or that of persons who had no right of arms and must petition for a grant. He therefore found that the defender had arms which he was entitled to nutriculate. The Lord Ordinary came to some additional findings, namely, that the conclusions of the Fiscal's summons were altogether penal, and that the Register of Arms did not afford sufficient evidence as to what armorial bearings have been matriculated by Lyon and what not : i'""' Because the Register is so framed that any chasms therein cannot tx facie be discovered. T.*"- Because it is admitted that the armorial bearings of certain persons matriculated did not appear therein till of late. He therefore found that it is not proved whether the armon>l bearings of Murray of Touchadam have been actually matriculated in the Lyon Register or not, and that William Murray was not m mala fide to continue the use of the armorial bearings which his predecessors had enjoyed : there was therefore no sufficient warrant for the penal conclusions of the original summons. He therefore aswilzied him from the conclusions of the summons, reserving to the Fiscal to charge him to matriculate his armorial bearings in terms of the statute of 1672 ; and to pay the proper fee, and in addition anything reasonable for a painting of his arms in water-colours and other ornaments should he want one, ' these being things which the Lord Lyon is not bound by law to provide without a suiuble remuneration.' The Fiscal reclaimed from the Lord Ordinary's judgement to the Court, but the Lords adhered, observing that immemorial possession of arms would presume a grant even from the Sovereign himself to wear them ; and many fiuniiies in Scotland had right to wear arms before the Act of 1672 ; so did not derive right to wear them from the Lyon in virtue of that Act of Parliament. But as to nutriculation, in consequence of the Act 1672 that was requisite in every case, and is so foumi by the Ordinary in this case. The judgement regarding the fees payable by the defender in this case on matricu- lation need not be noticed, as it does not bear upon the matriculations made since the Act of 1867. The Court found the Lyon liable in certain of the expenses of the process ; this also is a matter of probably no interest since the said Act 1867. 4. MoiR V. Graham, sth February, 1794. Mwison's Dictitnary^ 15S37- This case is noticed on page 361. 5. Macoonbll ti. Macdonald, 20th January, 1826. 4 Shaw and Dunlap,37i. This case is noticed on pages 72, 73. 6. CuNiNUHAMi V. Cunvnoham, 13th June, 1849. 11 Dunlop, 1139. This case is noticed on pages 73, 345-351. SCOTTISH CASES 465 7. HuNTiR V. WnroM. Thii cue is noticed on pages 74-76. 8. Petition. Macha., aand April, 1909. Lyon Court, .»r^«/. The Petitioner in this case, Sir Cohn G. Macrae, stated that he was the eldest miUe as Chiefk of the CUn Macrae have used cemin .rmorial ensign, from a period lone never been recorded in the Pubhc Register of All Arms and Bearings in Scotland in terms of the sa.d statute/ He therefore pn.yed that the Lyon would^nt^t^ [I the Lyon Clerk to „«.tricukte 'the e^igns „morial above indicated*^ naTTtie Petitioner as Chief of the Clan Macrae.' John MacRae-Gilstrap, major of the 3rd Battalion of the Black Watch, who had He Ih ^"""".^«»«=R«. ^ho was head of the fiimily of MacRae of Conchra. ^f rhrn M ""^ °' represented, was Ch S of the Qan BJurrae. or used arms as sucl, , and he denied that the petition com petent^m so fitr as it asked Lyon .0 r,cog„i« the Petitioner as CWef o^ 7. c"n The Petitioner objected that the Respondent had no /ecus standi; that he reore- sented no one but himself; that his elder broth.-, who was he«l of hs Junly January. ,826, 4 Shaw, 37,). The Respondent argued ^hat he had an interest to o%ec to any per«,„ being put over him as his Chief. The Petitioner explained that the Court was not asked .0 com. to «,y Hgement that the Petitioner L Chiel o" The Court susttined the Respondent's /ecus ' in so far as his right to be heard on the question of the existence of the clan Macrae and its chiefthip.' nu^l'nf 'II^ ^'"^ " of his chiefthip signed by a number of persons of the surname of Macrae, which he stated represent.^ the vast majority of the Clan. He also produced other evidence of his accepted p^tioL Z .0 prove that in the past Macrae of Inverinate was the chief or heaS (cCnHf "J mrnil''t'h":^ •^"•l^J'^i ""^ Ceann^Sh bi h chi^Z^ ^f K "T/""^ " ' "^'"'''"^ '^'^ head of the ch«f fkmdy of the n«ne Macrae. To prove the nature of the arms of Macrae, and heir use before ,672, he pointed to the Porteous manu««pt in Lyon Office, in whfch iJLTr'r' "^r* ^ •«»• of Macrae, without «.r5«Sl w^ necessarily the arms of the Chief of the naKe; were wasIot'IlT"!"' ^"^:T"n, '^"^ of the Petitioner's chiefthip was not unanimous j and that Clan Macrae in the past was notoriously acfam whkh J" il 466 APPENDIX VIII had no chief other than Sctforth ( and argued that Chui Macrae wat a cfam only in a pop'ib- sense. Lyon pronounced judgement as follows : * The Lord Lyon King of Arms having taken the proof and heard Counsel for the parties thereon, Finds that the Petitioner has failed to prove user of arms or supporters previous to the passing of the Act,' con- cerning the privileges of the Office of Lyon King-at-Arms, ' 1&72, cap. 217, Refuses the prayer of the Petition, and Decerns.' His Lordship's Note accompanying the judgement is as follows : Nolf. This is a petition for a matriculation of arms by Sir Colin Macrae, repre- senting the old family of Inverinate. The term ' matriculatif n of arms ' is used in the ordinary practice of the Lyon Court to denote {a) the registration, by a cadet, of a coat of arms which has been already recorded by an ancestor in his own name with a suitable difference, if ni-L-essary, or {b) the registration in the present Lyon Register of a cof* which has been used by the family of the applicant previous to 1672, but which has not been recorded in terms of the Act of that year, which required all persons who claimed arms to give the same in to the f.yon, in order that they might be recorded in his books. The only other way of recording arms is by applying for a new grant or patent, which the Lyon is bound to give to all * virtuous and well deserving persons.* As the Petitioner does not aver that he is a cadet, but, on the contrary, that he represents the senior line of the Macrae family or clan, it is evident that he can only ask fnr a matriculation on the groun>l of user of arms before 1672. The question of arms is the first point which I must ttke into consideration, because under the terms of the Petition it is not a matter of pedigree which is primarily involved, still less is it one of the Chiefship of a clan with which this Court is concerned only so far as it might be the warrant fnr a matriculation of supporters. It is a singular fact that this question of arms, the most important, so iar as I am concerned, should have been relegated to a very minor place both in the proof itielf and in the speeches of Counsel. But it forms the only reason why parties can appear before me at all, and it is, therefore, obvious that it must be considered first. The Petitioner, according to the rules of this Court, must prove user of arms before 1672 by his direct ancestors. In support of his claim e produces an entry of arms in an armorial MS. in the Lyon Office, originally compiled by Porteous, who was Snowdoun Herald in 1661. The entry is for Macreach (or perhaps Macreath), Argent, a fess between three mullets in chief and a lion rampant in bate gules. It is not assigned to any par:icular individual, but, like several other entries in the same MS., has a more general name atuched. I may uke it, however, that Porteous was satisfied that in his day "^hose arms were borne by seme one of the name of Macrae (I do not attach any weig'it to ' he contention for the Reqxmdent that Macreach meant anything else dMui Macrae), though it is a singular circumstance that it is only in this armorial MS. thai an;, mention of such arms can be found before 1673. The coat, of which the blazon is given above, is sonttwhat suggestive. It m not in tlw Um Vk» any arms borne other West Hi^- SCOTTISH CASES 467 land clans. But in the coune of the proof it wu ihown .nJ T ^bt the «cu«cy of the assettion. ^^Hl mZ^.^L^IZ the Jll**^^ ^ "8"'' -hile that of I„n« reywsea inc tinctuits and bore argent three stars azure. The Dallas &m:i„ »~> 1. whatever. «perK«, even though there was no blood connection male reprewntative. He cuinot cmne here and sav • «Th.. \a ;j . « j::^:;-::^ ^a'::;^;^- U^. members of one family or clan. The head of a house bem. cZwif airir^diSnrb^i^ji-j^^ --~:rAz: .^assigned to younger ^ ^JI^tI^^^^ jealou. the «««tory .nnorW law of Scotland has alway, been of an, ^ the rights of the main line of the fiunily. SuTb^^Z^I^Z ^^' T Petitioner has proved, or even atiemLj ^ I cwinot find that the represenutiv«.rfS^lL^ "^'**"*L P"""* ^is ancestors, the or iZj L In«n«te, have ever borne the arms given by Porreou.. or indeed any other, except in comparatively recent times. fh~ ^ these ari%* uoon th«i. Ti, 1 , ««oiiieittc use, is known to exist with beW Z .„T^i . """K* »h« h«ve been prodiiced i. Wor^ to th. Inv«,a«e t«„ily are two sods, the one bearing the ^^^p^ J 468 APPENDIX VIII Porteous with the crest of a cubit arm holding a scimitar and the motto Fortitudiiie, the other has some remarkable features, — the arms on the shield are the same, but the fe«8 is charged with a thistle slipped : the crest is a unicorn trippant : there are two mottos, that above the crest being ' Libertas et Honor,* and that below the shield • Trust in God and fear nought.* But the most important feature of difference in the second achievement is the presence of supporters in the shape of two Highlanders with drawn swords in their hands. But these seals are evidently modern ; from the style of their execution I should say that they date from the early part of hut century. They show, in the first place, that the Macraes of Inverinate were not certain at that period what exactly their arms were. It may also be presumed that the «al without the supporters is probably the older of the two ; the other one was evidently assumed as that of chief of the clan. Unfortuna»ely, however, for the sake of heraldic accuracy the one without the supporters would connote the older family of the two, because the fess is uncharged. In the seal with supporters it is charged with a thistle, which at once suggests, from a heraldic point of view, that the arms are those of a junior branch, which is quite inconsistent with the presence of supporters. It is significant too, that this seal is aln.ost certainly of a later date than 1815, which was the date of the death of the last Ea.l of Seaforth. It is not stated who executed either of the seals in process : I should have thought them the work of Alexander Deuchar but for a reason to be mentioned presently ; he was a well-known seal engraver who flourished in Edinburgh in the early part of last century. He did not hesitate to please his clients, and he readily invented arms for any one who came to him, and as he had considerable knowledge of heraldry, he generally composed them on better lines than is usually done by the ordinary seal engraver. He made large collections, which have been much scattered sine-; his death, but some of them are in the Lyon office, and in a volume which was compiled 1807-12, there are several so-called Macrae coaU given. The arms of John Macrae of Inverinate appear exactly -as given on the first seal mentioned above, with the exception that there are only two mullets instead of three. This version is what Mr. Horatio Macrae gives as the 'Macrae Arms' in his letter to Major Macrae-Gilstrap of 19th January, 1886 (No. 39 of Process). Exactly the same arms are given i" tnis collection for a George M'Crie, but in his case the crest is not a cubit arm, bu' 11 arm embowed. Other Macraes appear in Deuchar's collection ; James M'Cree has a similar coat to Inverinate, but has the fess blue, and he is the only one of the name to whom Deuchar gives three mullete in chief. Andrew Macrae has also the fess blue, but has only two stars in chief. Archibald M'Cray has two stars in chief, but has the fess gules, and charged with another star argent. It does not seem necessary to go further into the question of the coat of arms itself. I r^ret I cannot find in the proceedings evidence to show that any amn were borne by persons whom the Petitioner has proved to be ancestors of his. But besides the arms there is the question of supporters ; under the terms of the Petition, of course, if the Petitionor is not found entitked to aran, he cannot be entitled to tupporttn, which SCX)TTISH CASES 469 Hre only what Nisbet call, « exterior udditiment.* to . co.t of arm, Th. nr»v„ nf p«Calderwood'i Hittiry, vi. aia *Pripj Ctuncil Repiler, and Series, i. i, 3 ; tdinburgh Town Council Rtgister, vol. ij.f. 278. *A disUnce of about a hundred and twenty yards. The 'Cross' was an ocugonal tower-like building, standing in the ftirway of the High Street. Its platform, reached by in inside stair, was twelve feet above the level of the itreet, and wai lurrounded by a parapet about a yard in height. From the centre of the tower rase the tall ihaft of the ciom proper. PROCLAMATIONS 473 the same, that the whole mem ben oT thm Phrli..^.. k u from the How to the CroT!!!! « a P'«««» in « double file middle. tl« Z„ 1- L'^ rthc h r on "iT burgh* on their left. The I thetrA^li 1"^^?; Lord High Chancellor I^n fIi r r . ! '"•"pe* * the ^ «d U'SJ^^^^^^^^ '.nd procla.m the s-myne.' It was the invariable method i^m ^r^Z\rT of K.„g George IIL that two officer, .hould act tTthe l^ytj proclamation to the lecomi. and the ««.„^ i fi^t read'nj.' the execution of its Act It ard..-n.J .k . fk ' " "»« enectual and order y ' male patent the d«>re ^tZlZL cr^:> Tk"^ k^"*" °' ^"""'^ made, the mtmhcnofthXSZ!^T j P"^'"™"''" having been order^n which Ty fad i^^^^^ '^llil HT'^' """^ '"^ .nd the cannon in the cirfi'red ^ «^ •h<«l'« be tolled that'i;.'^'^ th» daborately pre^nbed was executed at twelve o'clock adm!LLt rSl!" r^l^eJt r^ii** -ving his Lordsh.o was gor. aiTto doe Wh ^Tl'^""' ^'"^^^^^^ -"at King of . Brft. n F«^^Lh7' proclaim* Charles the Second Pi«e. « the hrlLen^^ctr^f t5; Z^^TZr' '° with the other commissioners for the bul^r^"* •»»w.. « the dd. of the Cross Pri^^Al^^Ilo'Te'::^"^^ oft^cej«,o„^«rn;\?th"eT;':^^^^^^^ p.^.w.o....te„por.;Te:.iT::;;u"r:^^ to 474 APPENDIX X Mil and eleven the Council met again, read and signed the proclamation, and pro- ceeded to the Cross of Edinburgh, where it wao published • by the mouth of the Lord Hiirh Chancellor.* ' The Lon^H Gaxtttt record* that the I-nrd ProvoM, Magistrates, ar>d Town Council of Edinburgh, 'in their formalitie«,' marched biircheadcd next to the Lyon and Heralds in their co.its of arms dinplayed ; then the Lord Chancellor, etc. But the Register of the I'own Council itieif, after recording the rewlution of the Council to take part in the proce«ion at the Lord Chancellor's proclamation, adds that immediately it in over the Magistrates and Council appoint a proclamation to be made by tuck of drum, 'in our present Sovereign Lord King James the Seventh his name and authority, and in name and authority of the right honourable the Lord Pra\a«t, Bailie* and Coumell/ In the meantime, immediately after the proclamation by the Chancellor, a Royal proclamation was made by Lyon of the continuance of all officers in their offices. In ;his case, similarly, the words must have been given to Lyon by some one, pcNaibiy the Clerk of Council again. The proclamation on iith April, 1689, of William and Mary, was made as that of James VII. had been, by the direct intervention of the Estates of the Realm. I'heir Act, after a preamble, runs that the Estates 'do statute and ordain that William and Mary, King and Queen of England, France and Ireland, be accordingly forthwith proclaimed King and Queen of Scotland at the Mcrcaf Cr(>,s of Kdiniuirgh by the Lyon Kinjr at Armes or his Deputs, his Hrcthrcn heralds miicers and pursevants, and at the Head Burghs of all the sh) res, stewartries, Bailiiaries and regalities within the Kingdom by messengers at Arms,' which proclamation was ordained to be published at the mercat cross of Edinburgh immediately after adjourning of the meeting.* On this occision we may suppose that the proclamation was made by the mouth of ooe of the heralds or pursuivants, the Lyon King 'giving him the words.' The Register of the Privy Council is more precite in its' account of the proclama- tion of 13th March, 1702, of the accession of Queen Anne, which, it records, was prepared and signed by the Council, and the same day, between three and four in the afternoon, proclaimed from the market cross of Edinburgh ' by the mouth of the Lord Chancellor, the Clerk of Council giving him the words,' the Lyon King-oT-Arms and his brethren Heralds, Macers of Privy Council, Pursevants, etc., being present. The Royal proclamation enabling all ministers of state and other officers to continue to execute their offices was then ntade, and this was done » by the Lyon King at Arms, the Clerk of Council! giving him the words.* This was the last proclamation of a monarch nude in Scotland before the Union of '/•.C. Rtptitr, Acu, loth Februarj', 168 J. The record omiti to say what official gave the Chancellor the words ; possibly, as we shall «ee when we come to consider the proclamation of Queen Anne, it was the Clerk of the Privy Council. He had written the praclamation, and could therefore read it best. » A.. 1689, cap. a9, Atit Pari. Sett. Record ed. ix. p. 41, and 1689, cap. 35 ; ibid. is. p. 43. PROCLAMATIONS +75 nude by a Lord p" j^T' aiT^ « Kmg l«d ever been Tel. they muu be cone" t eel ve* ",!^ 'l^^^^ " ^'^^ '"^^ '^cy of the King's semml' clirL f J^^'^^G**™' i«m«l«tely summoned < the res, ci.ht ne«'„:.:;rVheTm«tndi:w "'^ « Government. There, sav, tht n ! w ^ Inttnunent of with a number of ''"^ '^'^ »"kc number of XX^^fthr^ "'T " """r^'^ """'"-We ^r.^ t^e^^elll^;^^^^^^^^ ^T^ the company was to adioum tn ,hl n i M V The next step of they were reLved by tt I "rd p o^o^T """^^ *nd Judge, of the O^n irs^LTlL A^^^^ ""^ ^"'^ other officers, and the who^e c«I^:',t2l Zl^^ f to the people of Scotland. ^ *^ PWcWion which wm to be made APPENDIX X The Urd Provo»t,« it muM he •dmiited, pUycd hi» part with the ^rMte»t *pirh. It it iral clear whether the order* from London were explicit th«t the London prociaination W4» to be read out terbatim to the people of Scotland. Tkt LordtoT tht ?rny Council who dinwicbcd it doubtlctt took for granted that it would he. But thf Lord Prmm and hit jdvhen framed a proclamation of their own. It rehearsed the proclamation made at St. Jamr,\ and the order transmitted by the Privy Council for Its publication by the Urd Provost ; then, with a couragcow adoption of tmna. it proceeded : ' 'Therefore we the Lord Prmmt, Magistrates and Town Council of Edinburgh, being assisted with numbers of Noblemen and other principal gentlemen of quality, do now with full voice and consent of tongue and heart puUirii and proclaim,' etc. 1 he prcKlamation was signed by the Duke, by eighteen or twenty other peers, the judges ngistrates, etc., 'and others of the bc« affectioned citiaens of Edinbunh to the number,- says the Town Council minute, 'of one hundred and twenty-two.' • ThereaHer,' continues the minute, after dcKribing the procession from the Council room, 'the High and Mightjr Prince George Elector of Brunswick Lunenburg . . was with sound of trumpet, proclaimed King of Great Britain, France and Ireland by the Lyon King o» Arms his Deputy, my Lord ProvoK reading the words of the Proclamation to him.' This method of reading out the words of the proclamation to the person wl.o was to proclaim was the method handed down from times when proclamations were lest ewjr to read than they are now in their present ample print,* and when it was more ctfential than it now usually is that the exact words of the announcement should be heard, and heard hr and wide. The plan was certainly more favourable to loud and clear speaking than that of the present day, when we have an officer proclaiming while b.s eyes are on a printed sheet which he holds before him. The superior r«nonagr, or the official representing the superior authoritjr, at in the case of the Clerk of the Privy Council, read out the words to the inferior, and the inferior officer, probably also, in the case of the Officers of Arms, the younger man, proclaimed them to the people. 1 he same method of publishing a proclamation wat employed in other countries aha When It was abandoned in England we are not aware 5 but the L»>,^o» Gaz,tu, in annoumnng the proclamation of William and Mary on 13th February, 1688-9, records that Garter King-of-Arms, having received a proclamation, 'and the said Officer* of Arms being ordered by the HouK of Lords forthwith to proclaim the same, York Herald (after the Trumpets had thrice sounded) proclaimed it at Whitehall Gate accordingly (the said Garter reading it to him by periods) in the presence of the Mud Lords and Commons, and multitudes of people there assembled.'* ' Mr. George Warrender, afterwards a baronet. 'The proclamation in question was of course read from roanujcript. *I«mIm Gtztttt, No. 2417. PROCLAMATIONS Hmfch. «c|, with . ipy of iTr^iSj^r^ «"f . fem, by whkh ,wo second officer repea.ingS. rint7L_'^_Tz^_ T^j' ,h« much » po«ible th« «piZM2^ofl„TT» c "'"^ " ~ of tha. THfT,, 1^X0.^!::':'^^^^ "o. order, to publiih it. Edinbunth h«id-. K. '"7 procl«iiution with wu the head Proclamation while the OcDuii Lvm. -«! *'rovo.t, « and there -ead the would not hear of it, «^ SheHffl , The Provct, howe».r. --de by the De ut" ^ th'e' «di„7or^ 'Lr.'^T T^"^ «o the Lyon Deputy a second time.' Km s!^-ir'!S ^-'-"'«-o" the proclamation when re«i to the aOcM IT ">« to .he people of »h. -.rrZi g counlj h/I^^^^ !;°m"' T "'"^'"''^ ""^ ShenJw„ri,Hu A. the PrJ.r.2:7i:J^;^tZlw^^ «nd Town Council of Edinburirh In »!,. . «« ■« of the Megiuratet confined to hi. own sher^ffS^ No «i!.r T Proclamation w« George I. w« m«ie in ScoTJ « .''^'^^Lrehe'TL^^^^ '^''^ Lyon h«l no orden from the GovernLT! ! burgh Town O^T^lt t^ T lV^^^ w« John Drummoni '^Z, ^1*17,"; »*« »^««. "ho at that time Lord Advocate direci t^iTI^t H "cT "'k'" f'*"" "-r "ccount of the D.J*k of his^r„"i «he Solicitor, we h«l the meknchdj Council directing hi. IL^ip ^ pS« ST'^ * ;r^'"'^'^ Upon it. arrival hi. LordZ JlE^ u " if*"""" '^'"« George the Second. Lord, of Se-ion . . ^endl^S.^ Gentor. clock, .o which place the; a ' 0„^^°"" ' ""igiycame. On thi^ „ on the previou. occarion in the LonI, of Se„ion. and other S ijl "f^^^U, ,ni the other peer., necessary citizens of Edi„bu,,r7rrii^^ .^l^-^--' "--.^ who.*:..; burgh ca«. Ur down i„ .he .i« , 0. pc^lXt^ti^'^'l^ ''''' °^ 47^ APPENDIX X 1714, the proclamation rehearsed the proclamation already made in London, and the order to republish it, and continued that 'therefore the Lord Provost, Magistrates, and Town Council of Edinburgh assisted, etc.,' and proclaimed the Prince of Wales King Creorge II. On this occasion, however, the Lord Provost, George Drummond, signed the proclamation first. His signature is followed by that of the Marquis of Lothian and other peers and high officers. The record then relates the proceeding from the lovvi. House to the Cross, how the Trumpeters and Heralds led the way, followed by the Lord Provost and Magistrates, and how the Lord Provost with the mace and sword followed the Heralds up to the Cross, while the Magistrates proceeded to a theatre erected below it, and there received the nobility, Lords of Session, etc. Thereafter, it continues, the proclamation was made by Lyon Depute, 'my Lord Provost reading the words of the proclamation to him.' The record then narrates how that my Lord Provost and Ins attendants withdrew to the Town Hou!^, 'and drank h,s Majestic and other Loyal Healths,' and that thereafter « his Lordship and attendants went from the Town House to the Abbey of Holyroo The first three accession proclamations after the Union of the Kingdoms were o( il7^' C«tle of Edinburgh and its esplanade, though .urrounded by the city, •« 00 |wt PROCLAMATIONS »Wy executed the order by 1^^^. ^.U "k,"^ '-ari- rcalm as he could, and reLTe p^L In" "''""'^ "''^^ Herald, who proclaimed it to the peo^ '° '"^ reign of well-nigh sixty years. It is kV ..mr' occMion. occurred a George IV. came to be'pro^Wd 3. I'm ''u "'-session of the Heralds themselves were «T«)t h' ? '"'^'^ ^'""''^««' « : .The Magistrate, and T^l^t V ^ the.r own of the procedure at that procIamaL^" Th^lf "° °^ wh,ch they have is a Report' drawn up bv Sir Patr' T w^C '' "^"^^ proceedings White Rod. which they E^ve enZlcd ^^^he R^ ? 7 ^^^^ The proclamation was made on ^TJeb" 1 ^ 'o Y"''=r '"^'^ Provost read the Proclamation fL the Env ? ; k d ^VT" ^ord and the Heralds proclaimed the ^^^e .L^ ^^^^^ ^"'^-g'^) - the people, with a flourish of Trumpets tL ^'"^ George the Fourth where the same form ofTSmationl^^d T""'"" '° ""^ C«t'« • • • the Royal Exchange. w.^rthTol ^''-'^ed - had been done at But when we turn o he mrl^Sr -««-^ Edinburgh newspaper now e::::^ :err IT.^'V'"; Lord Provost and Heralds respecti ely afteT which J. ^''^^T''"" ^"'^ ^f"' and titles of His Majesty King Geo 'e theV«I . a flourish of trumpei.' Th^ J«!»f ^ ^ ««^h time with at the ExchangT^s ta^X^hTSSe HiS"": ''V^' the Sheriff-Clerk at LeitT " Sheriff, and by It thus appears that the Provost and the H»«M k .4 u fon. The Provost erred by r«dinTth7. ' °^ P'«:la™«- Herald : and the Hen.ld.7f hi hS "v ch P~P'* «^ »«> the to the people instead o^tal: n IhTCr ^^^^^ accounts of the ceremony do not sTy wb«hef tl ^ ^he through by the pL« m2 ^^Xl^^'ZrT T ^ suppose that this was done: though the fH? f there « no reason to the next monarch. King WiS, 8 ^X^:^ TZl paragraph ,t narrates that the Lord Phwoi i^Ld^K ^ °" P*""'-" """^ proclaimed the style and titles' of the Kin.. ^3 Proclamation, 'and the herald. tH.'-niorh«,.d proclaimed the o e^^^'^T^e ^^"•''""r'* " 1 * J - "vcreign. I he Caltdtntan Mtrtmy Mcount of i ! 48o APPENDIX X the proclanation of Queen Victoria again, even more so than the official gazette testifies to the continuance of the form by which the actors in the ceremony read the proclamation in a manner pari passu. * The Queen,' it says, «was then proclaimed bv the Lord Provost and Iday Herald, who read the writ alternately sentence by sentence • .t was immediately afterwards re-read by the Sheriff.' The official gazette varies itl language as it describes the repetitions of the ceremony so as to render its account almost useless It announces that at the Edinburgh Exchange the proclamation was hm read by the Provost and 'afterwards repeated' by the Sheriff 'and responded to- by IJay Herald ; that at the Town Hall of Leith the proclamation was read 'first by the Provost of Leith, then by the Sheriff,' and was 'repeated' by Islay; and that at the pier and shore of Leith it was '.gain read by the Provost of Leith and Sheriff substitute assisted by Islay. We must take it as pmcrically certain that at all the places of proclamation of the Queen s accession, the proclamation was read out sentence by sentence by some local official and a Herald, the local official reading each sentence first and the Herald repeating it. On the occasion of the proclamation of the accession of King Edward VII on 2Sth January, ,901, 'the State Trumpeters, Pursuivants, Heralds, Lord Lyon King- of-Arms, the Sheriff and Lord Provost . . . having proceeded to the balcony of the Cro«,' which was draped in black,« the Lord Provost called upon the Lord Lyon to read the Prockmation which he did, and was responded to by Unicorn Pursuivant.' It was said sometime afterwards, that on this occasion the Provost had meant to perform the whole ceremony alone, both to read u>d to procUim with his own voice h«l his halth permitted. But even with M rilowance for the loss, during the long HMgn of Queen Victoria, of the tradition of the part played by the Lord Provosts on former Royal Accessions, the saying bears the mark of an imagination of a later birth. A procLnmation from the Cross of Edinburgh by one single person wa, not known till The R««Ta ^ P"^"" Proclamations, ine Royal Accession of 1901 was proclaimed and 'responded to' at the Castle y.tJ'e gift of the Ute Mr. W. h. Gladstone, then M«aber of Pariiamew for the couuty of Midlothian. 'Very doubtfully correct for such an occasion. offices'" /*'**u5l^T*' J*"'"'>' F«e»t holder of that office. Sir JameslUlfou, Paul. Th. p««.iv.M wa. the late Mr. S. M. LivinpTone ThepreLn UnH»rn.,o«e, which w.,«e«,t for tfcep«,pj.,w..k«i„ hi, paper. PROCLAMATIONS addre«ed fhm, the capital to the^ioTand th ' V ''^'^f'T'"' ^'^ - ought to be. expressly appointed for the purpose ^ W» Henld. were the oflkkUs who should .ake it with the assistLce oJ L ^Kt^iA^^^ " It must be assumed that the Privv CounrT method of proclamation in 3 ?" " ' ""^ O'**"' "«> other P«K»ns divided the work of r^dCand Jl ^''^-'f method, by which two r«d the proclamation to l^yoTZ Uo^^r"'' ^"ou'** •9.0, the day of the pr^tn7hTl " May. Provct di^bcVed it. t ^o^^'J^^y^''^. "^^'^ ^or^ anyone. l-"««ii«aon without the aHntMce of Lyon or Edint^'rrXSm — -^c, .om the mitting it, Proro« to^ome h m jf r ^ounal per- city for the occasion to the rank^, 'vL""bl: '"STT^ -"'^ capital and the provincial burgh in the Zt^ „f • , ^ «''«"«=»'on between the that these proclamations in Sfo^JiS ^TISe K K"^^^^ Proclamations is provmc^ burgh the chief mag^^e ma^^rof 1 ^2.^.:^^ ^ pT^a^VeXrain^^:::::^^ " - :rrS«r^— ^^"SlTc.:'^^^^^^^^^ P-.-ations .ctually made in Edinburgh jJ^ "l^^^'^::^^^ ^ -Xon .t his own Provow had received a copy of Z LonZ, \ '*« ''Ord within his jurisdiction. cx.7J[k dJZ l '^'T orders to repeat it modern practice of th; OfEce« of ^72^1^. k^^!^^ P^'^ Pr«enceS the without having it dicfX h"m ^""^ *'»^ *^ 0«m who p«chi». do« «. TrutX%u';^t«r4X'3^^^ •tended, the ProcWte^ waTiS-r-f I. r *^"'K-*»'^Arms and Sheriff htving Kingdom of ScotllllTaTd rrete. o't^^h T'^^f' " "^P'' "^'^ £-.nburgh. by Lord Lyon K^^T^^^^^J^^ fi 48a \PPEND1X XI title, ofHi, M*jf «y. with « flourUh of trumpett from the Sute Trumpeters, a Royal Si rlJr ^, ^ °f •««»'«• Royal Salute of twenty^ne gun. from the Castle. Thereafter the Lord Lyon King-of-Anm called for three ebm, for Hi. Maje«ty, ^ were enthusiastically given by the vast assemblage of spectators. The proclamafon was sub««|aenily made by Lyon at the gate of the Castle, by Rothe«y at the door of the Palace of Hdyrood houM, »Mi by March »mI the of Leith at the Pier and Shore of Leith. APPENDIX XI. THE SUMMONS TO THE GOVERNOR AND GARRISON OF A ROYAL FORTRESS TO OPEN ITS GATES TO THE KING; A. delive. d to the Castu of EoiUKnioH on the oca«on of the «mi^te entry of Kino Edward and Quum Auxamdka on 13th May, 1903. In ordinary circumstances the Officers of Arms and the Sute Trumpeter, should have been m attendance on the . Majesties in their progre- to the Castle from the Palace o. Holyrood; but .t wa. arranged that they diould be in waiting on the Cutle Esplanade on their \fajest.es' arrival there. On their Majesties' arrival with their escort, Lyon asked and received from the King a command to nmimon the Castle to open us gates. Lyon and other Oflker. of Ami. then «lwed to the drawbridge, and the trumpet! sounded a «unmon.. A «„try on the battlement, above the guard- h«»e challenpd, «H^t, who goe. there?' Lyon replied, 'Lyon King-of-AiT! ' 1 he sen.ry : Stand, Lyon King-of-Arms, advance one and give the parole.' March the senior Pursuivant, «lvanced and wa. received at the wicket, when he gave the of FH I! T" ^ '• '^^ °^ ^'"^ ^'^^'^'^ I the UMie of Edmburgh to open its gates to the King.' The sentr, : « Adtance the Kiam. ^I'swel • On this the gate of the Castle was immediatel/thrown^T ^ Guard of Honour accompanied by the buHl of the regiment, doubled mHnd formed ^n the north «de of d.e esplanade. They were followed by the Governor andTs ^ the Gwernor with the Castle keys. The National Anthem wa. phyed. The Governor of the Castle then presented the keys, and. after the JLd «iKt«y S'S^l^l^^P "^"^ ^"'^'^ Arms, with Outle G««rd and the Royal E»cm, renuiKd on the Esplanade till their Maj««i«.' fntim and dcpartuM. '' 1 SUMMONS TO ROYAL FORTRESS 483 The Summom on the occaiion «<• .k- INDEX. Abbot. Chief Justice, quoted 382 Abercorii, Earl of, anns, 300, 338 " Aberdeen, Earls of, arms, 246. 261. 271. 3,8 409. ' • Aberdeen, arms of burgh of. 260. 4«. Lyon v., 93. surname of, 366. I'niversity, arms, 273. Wrights and Coopers, 60. Abemethy, Alexander, 141. arms, i(>6, 167, 295. Abemethy, Sir Alexander de. seal 2x1 plate viii. ' Abemethy, (ieorge, arms, 292 Abemethy, Sir John, wreath, 19,. Abney Hastings, surname of, 384. Aboyne, Cordon, Earls of. arms. 271 204 Accession, proclamation of king's. 428 A^l Accidental fonns, 286. * * ' Accolee, shields, 145, 150. Achievement, the. 133. Acts of ParUament as sources of heraldic mforraation, 115. not now proclaimed, 423. relaUng to the Heraldic Authority in Scotland, 436. Acts of Sederunt quoted, 386 Ada, daughter of William the Lion, 267 Additional charges as methods of differ- encmg, 293. Admissible supporters, 331. Advocates, Faculty of, motto, 212. Agincourt, Battle of, 33. Agnew, Sir Andrew, 3. Aichison, arms. 154. Albany. Duke of, see Stewart Albany Herald. 46. 48. AIen(on family, 300. Alexander II.. 257. 267, 276. jyo. great seal, obverse, plate ii. heiresses of, 351. Alexander III.. 15^, ,84, ^08, 265. great seal, obverse, plate ii. privy seal, .shield on counter-seal, plate xxiii. Alexandra, H.M. Queen, 130, 136, 424. Aliens, arms granted to, 66. AUsopp, Lord Hindlip, motto, 214. Alteration of arms, 57. Ancestry, pride of, i. Anderson, David, arms. ^87. Anderson, James, DipionuHa Scotiae 100 399 ^' Angels as supporters, 248. '*'J?!i Archibald, Earl of. snpporteis, 249. Celtic Earls of, 24. Douglases, Earls of, arms, 252. Eleanor, Countess of, 149. Earl of, James .Doughw. dottbh sup- porters, 249. *^ Earl, Malcolm, 134, plate xxiii. Margaret Stewart, Countess of, seal. ^32 Earl of, Stewart, arms, 242. Earls of, arms, 247, 259, 274. EarU of. see Douglas. Anjou, family of, 300. Annandalearms, 171, 270, 277. arms of vassalage in, 273. St. Andiew's cross in arms of, a6i. Anne of Ansttia, arms, 153. Ani?e of Great Britain, Queen, 158. io«. Aastis's Aspilogia quoted, 228. A ^^tl'^ »97. aao. Appeals from Lyon, 69. A^cations for grants of arms, 51. for recording genealogy, 51. Arbn des BaiaUlts. 29. INDEX AAw^ bOMM and fortalic oi. 434 Artjttmot of Findowrie. labtl. 300. w« Erskine. AigrU^. Earl of, seal, 247. plate x«v Da^arms. 166, 284, 302 cop, ancient, 1 1 1 '^ift: '^^■396.ptaU. Ara^ ensigns, 20.390. note on Scottish case, involving. Armorials, 113. '^G^. V '■ . •• I-orman : Ifon!.««^^""^*°"= ""'^'"n MS.: ti^^ ^T^ iJ^S '' Nobili. J^-nns: U Breton: lfacc of, in England. 350. wrongly obtained recalled, 71 Amn. James Stewart, Eari, 61 " galley of, 261. ^ Maiipuet. Countess of, 2s6 Anot ofthatilk, George, ,39. A«ndd.Earlof,lionof, 239 EWI ol. Wchaid, crest-coronet. ,97. A^^""^- °* *"«ionr363. JSSi^1fi:l^4oT'''*^''^ Athlone Ponuivant, 50 Dute of, arms, 245, 230, 33a. Earldom of, arms, 277. AthoU. Earl of. John of Stfthhogie. ^. AthoU, Stewarts. Earls of, supportire AthoU, Earl of, Walter Stewart. ,76 ,98 Anchinleck of that Uk. arms of 30^ ^ Augmentation, honourable, 66, ,73 ,64 Aunoy, Thomas de, 134. xm shield. ptoteMlii. ^ Austria, Anne of. arms, 133. Austria, Emperor of. shield of, 23a. Austria, shield of. 233. Asnre. the tmctare, 13. B^och. Lordship, arms. 176. Badge, 180. 22,, 222, 226. n^^T^' Ateander, Dundas- Ross-Cochrane-Wiaheart. crests, ito arms and motto, 212. prescription of surname of, 367 S«d':tr;2^--'---'- BaUour of Bello. arms 293" Balfour of Burleigh, L«d. 83. Balfour, Sir James, of Kinnaiid, 40, 42 „ "5. 116, 119,183,446 ^ • Balfour of Pitte„dirieh.ar}ames, 83. „, 133. 3". ^' arms, plate vi. ^n°'; '7- »30. 376. ™U, John, 136. BaUiolarm8,34.i47.,3a.39,. 486 INDEX Balliol College, Oxford, 147, iji, ^30, ^75. Balmaniio, embattled crosti of, 260. Balmerino, Lord, arms, 292, 293, 397. Balmoral, royal arms on, 401. Uank of Scotland, crest, 183. Bankton's Inslilutes, |o. Uaiikt(ii). I.ord, by. Bannatync maze', in, plate ix. BannatyiiL of Corhoiiw, shield of, 260. ' Banner,' i.v Bar, members of, and King's accession, 429. Bar of Overbertoun, bars wavy of, 263. Barbour quoted, 2i(>. Barclay of Balvaird, 172. Barclay of Towie, supporters, 313. Barclay, cross patty of, 260. Barkour, Kobert del. 108. Barlow v. Bateman, case of, 382. Bamet, battle, 224. Bams, barony of, 162, 2(>6. Baronet of Nova Scotia, badge with a heraldic difference, 73. Baronets, badges of, 378 roll of, 59. right of, to supporters, 323. ' Barons,' 79. Barons, Sundry, v. Lord Lyon, 83, 463. Barons' letter to the I'ope, 148. Bartolus, arms of, 363. quoted, 25, 264. I3art()n, alias Moubray, arms, 159. BasilUe, John, Isla Herald. 424. Baston as a method of differencing, 293. I3ataille de Mandelot arms, 31 . Bath King-of-amis, 51. Bath, Marquis of, 372. Bath, Order of, 53, 325. Bayeux tapestry, 258. Bearings, early. 139. Beaucbamp, Thomas, Earl of Warwick, plate xi. Beaufort, family of, 226. Beaufort, Joan, Queen, set Joan. Beaumont, George, 94. Becket, Thomas k, 212. Bedford armorial bearings, 248. Bekeanns, 133. Belcombe, surname of, 373. Belgium, supporters in heraldry of. 237. fielshes, modem form of De Belassize, 373. Bendlet as method of difierenciiig, 393. Berkeley peerage case, 376. Iferri, Armorial de, 114. Berton-Mowbruy case, 373. Berton of Overbertoan, prescriptioii of sur- name of, 367. Beton of Melgund, David, 1 59. Bigland, Sir Ralph, 8. Bigod, Koger, 145. Binnings of Easter-Binning, arms, 2b2, 298. Binnock, William, 298. Birch, W. de Cw., 103, 109, no, i6j, 233. Birth brieves, see (ienealogies. Bishop, English, arms, 137. Bisset of Kelrevock, Bisi^betii, 149. 158. Black Rod, 43. Blair, Egidia, seal, 139. Blair, surname and arms, 387. Blairs of Balthayock, arms, 306. Blairs of that ilk, arms, 306. ' Blazon,' 13, Blount, Sir Michael, 8. Blounts of Buckinghamshire assume snr> name of Croke, 370. Bluemautlc jt^rsuivant, 39, 30. Bois, de, see Bosco. Sir Andrew, 149. Bo/ie 0/ St. Albans, 33. Bonet, Honors, 29. Bonkil, Ralph. 134. Bonkill of that ilk, arms, 164. Bonkle bearing, 262. Ik>rthwick cinquefoils, 1 10. Borthwick, Lord, 139, 248. Borthwick of Crookston, arms of, 396. Borthwick seal, 243. Bosco ([k>is) Sir Andrew de, arms, 138. Boswell, Kobert, 120, 446, 447. Bothwell Castle, no. Bothwell, Earl of, 31. arms, 277. motto, 209. Bothwell, Hepburn, Earl of, see Hepburn. Botreaux, William, Lord, 230. Botteville, English family of, 373. Bouvier armorial, 114. Boyd arms, 305. Boyd of Kilmamock, Thomas, marriage, 341- supporters, 247. Boyd Robertson of Lawws, Hiss V JUam, 182. Boyd, Thomas, Lord, maniafe, 36^ Boyesarms, 161. INDEX ^1?J5«*««« BwUngton, 409. Boyle of Kaiboame, Bui of GiM«ow. a6i ■409. Boyle motto, aij. Brabant diart. 144. iramwell, Barou, quoted. 407. Brasses, sepulchral. 113, jJates x.. xi. Braye, Lord, badge, 224. Brechin, the battle of, 55. Brechyn, David d«, 148, 233. Brechyn arms, 148. Brenesin, Maiigftret do. aaal, S29. Brentford, Earl of, 66. Bretapie. Anne of, 235. Breteuil. Margaret de, 146. plate viH. a»teuU, Robert de, Eari of LeiceMer. 146. Wsbanes of Bisboptown. arras of vassalage Dome by, 274. Brittany. Francis. Duke, 139. Isabella. Duchess of. 112, 162. Brooke of Colebrooke. crest. 186. Brooke of Summerton, crest. 186 Brooke. Ralph. YorlcHenld. 144. Brown. Sir George, arms of, 419. Brown, Gilbert, shield of, 241. Bruce of Airth. 316. Bruce of Annandale, 27, i6o, 193, 204. 208. Bruce of Balcaskie. arms. 299. Bruce. Margaret, I-ady of Kendal, seal, 220 Bruce, Robert the. arms. 276. heart of. in Douglas shield. 262. Bruce, Robert, the Competitor. 229, plate XXX. Bruce. Earl of Carrick. Robert the, 238, plate XXX. Bruce arms. 24. 261. 273, 274, 391, 417. on capeline. 204. motto. 211. 212. Bryce. Wm. Moir, 112. 139. Brydson cited. 13. 197. 203. 317, 327. Bnccleuch. Anne, Duchess of, 138, 236. Buccleuch. Earl of. see Scott. Dukedom of. 342. Buchan arms, 1 53, 164. 174. 276. Buchanan badge, 226. slogan. 2i8. Bulla. 106. Bullock, surname of. 373. Burgh arms, 1 57. Burghs, grants to, 123. Burgle, Castle of, ■nmmoaed to surrender Burgundy. Duke, war-cry, 217. house of, crests, 308. Burgundy, Margaret, Duchess of, seal. 2«f Burke. Sir Bernard. 2. Burke's Peerage quoted. 246. Bumell, Nicholas. Lord. 308. Burlington. Boyle, Earl of. 261, Bumes, Charles, 5. Bumes, Dr. James, 3. Bumes, Sir Alexander, 3. see Bums. Bumet of Barnes, 62. 306. of Bumetland, 62. of Leys, 62. 322. Burnett crest. 221. Burnett, Dr. George. Lyon King-of-Arms 14. 27. 40, 4'. 37. 86, 94. 421, 446, 447! Burns. Gilbert. 5. ■» f . . M7- Bums. Kenneth Glencaim, 5. Bums. Robert, arms. 4. Burntisland. Pursuivant at, 423. Bute. Marquis of. arms. 166, 332, 381. Bute Pursuivant, 47. 49. Byron. Sir John, motto, 208. Bysshe. Sir Edward. 27. 119. Cadets, ancestral crests and mottoes. 334. ara.orial rights under Act of 1672, 77, 80. differencing arms of, 279. of family. 80. supporters, and, 330. Caithness, dragon ships of. 261. Caithness. John. Earl of, tressure. 267. Caithness, lordship, arms. 176. Caims. William of. shield. 241. Calais, Court of Chivalry at Siege of. 308. Calder, Sir John of, seal, 233. Callendar. Livingstones, Eariaof. anna, 270 Caltrap, the, 225. 234. Calvin, John, crest and motto, 213. Cambnskennetii, Abbot of. 104. Camden, William. 86. 273, 270. 334. 360 373. 388, 411. ^ ^ . Cameron. Biahc^, Glasgow, m. Cameron . Joicey Cecil (1898), . Lyon I'. Aberdeen, 93. M'Oonnell v. Macdonakl, 36, 7a. Macrae, 323, 463. Maitland Petition, 128. Moir i;. Graham. 127. 464. Procurator Fiscal I.yon Court v. Murray, ;o. /I, 72. 94. Royal College Surgeons, Edinbnrgh v. Royal Coltege Physicians, Edinlmrgh, 69. see also Duel of Law. Cassillis. Earl of. see Kennedy. Castile. Castle of , 261. Cathcart. Master of. 319. Cathcart of Carbiston, motto. 213. Cathcart supporters. 244. Cathcarts. cross crosslets iitcMe of the, a6a. Caupeny King-of-Arms, 39. Cavendish motto. 215. Cavendish, stags' heads of, 417. Cawdor. Earl of. supporter, 332. Celestial figures of heraldry, 413. Celtic clans and law of supporters, 3a3. Celtic kings, badge of the, 226. Ceremonies, Officers of Arms at, 3a. Chalmer, John, 387. Chalmers, George, 39. Chalmers. Thomas, burgess of Aberdeen. arms, 142. plate xxix. Chalmers, William, 142. Chamberlain John Matthews. 387. Chambers, Charles. 211. Chambers, Dr. Robert, 5. Chandos. Sir John, 30. Change of arms, 124. Change of surname, 127, 369, 385, 387. Charge by messenger to register arms, 90. Charlemagne and Scottish royal arms, 389, 392. Charles I., 265. Charles II., 139. 26'i. 314. 316, 399, Charles IV. of Francs, 343. INDEX Charton m lourcM o{ iMraldk inJooMtiMi, «M SmUi. Chart eris, Colonel Francis, 94, Chuterte, Earl of Weniysa, 214. Chartaria, John, 374. Chartaria of Kinfauns, 94. C»«J«o». Maiy. daagbtarof Oay de, um». Chatalliarault, DuchcM of. iqo a«6 Chatalherault. Duke of, ,^ ^' Chatto. family of, bearingt, agi. Chancer, bearings of, ^86. Qiafaiann*, 149, 161, 175. of Inverugie, Mariota. 136. ^•in. Sir Reginald, arms, plate xxlx Chain, R^inald le, his son, 14J. •nn». piataxxix. Chew, aflgiaii used in. 258. Cb^man, armorial, 131, piata xxvll. UMBtar wins, 147, 273. Harald, y>. ma m aaal of Devorgilla, 230. Chief of faunily, 80. Chief's right to nndiaerenced coat 80 Chishohn. Biahop, Dunblana. in. ChiAoha of Comar, 172 Chisholm. Mn. Mary, 256. ^•"^•i*""' heiress of J«Ao da. 156. Chisholm, ahield of. 173. Chriatyns Juritpnubntim Heroica quoted »9i. 308, Chronicles iftht CmrnongtO*. i. Cilnario quotad, 253. Chiqiie Porta, arms, 134. Circumscriptions on aaala, aoS. Civil law, 24. Chm Chattane, S3, an. cI^IZTt'^^'^'-^' «. 30. 9,. Clarmont, Jehan da, 30, Classification of coataol aims 257 Clepkane, Andrew, aaal, 161. Clephana arms, 161. Clergymen bearing crests, 180. Clermont Tallart, honaa of, aji. Clifford, differences of beuiaca. aSo. Clifford, Lord, arms. iSs^^ ^ CUfford of Flaxboume arms, i8< Clifton, Charles Frederick. 384 Clomen, Co. Wexfiwd, 253. 489 Oyda. LoRl, 379. Coat ei anna, classification. 237. oi^nlHuu of 12. CohlMai, famUy of, 289. CocttMfB, Alexander, crest-coronet. 198 Margaret, wife of W.lliam Hay of laUo, 159, plate XXV. CockbMB, William da, seal, 330. cockbnm of Oraitton, anna, m8. t-ockbom, baariag of, afta. Coinage of Grwit Britain, 405. Corns, no. Coleridge motto, 213. Coleridge, Mr. Justice, quoted. 388 Colin, son of Carun, ai. Collar of S.S.. 34, 33. Collateral shields, see Accolee. College of Arms. 30. 412 434 of Justice, 429. Colleges, grants to, 123. Colliston, paascoda of, 263. Colquhoun of Lnaa, arms. 261, 274. motto, 213. " Sir Humphrey. 368. Colquhoun staghooadi as supporters. 244. Colvia^^ Enatoci., ,3«. 149, ,6,, A Commissioner, Lord High, court 33 Commissioners of Northaro UAu \o6 Commissioners of the shina, 79 ' ' Companies, granto to, 123. ' Compartment, the, 231. Composed arms, 143, 149, Comyn arms, J4. 149, j^s, 418. Comyn, Alexander, Lord of Bochaa a«t Comyn, John, se^ 1. 232. Comyn, set also Cuming. Congruent Differences, sw Difbnnces Constable of Scotland, 41. Constable of Scotland. Aliu, *w Gallowav sre Qumcey, Roger. ——way. Contoum* arms, 133. 134. ,03. Cook arms. 412. Corbet arms. 18. Corbet, corbies of, 263. Corbet, Patrick, 18. Corbett (Cheshire) motto, 214 Cordeliire, the, 233. Cordeliers, patron of the, 235 Cork and Buriington. Bad of* 409. Cork Herald, 30. Coroaatiaaa, 5a. 3Q 490 INDEX CofOMtioni, officen of •nm at, 4.11. of Robert 11 , 41. of Charlrn I., ^t, 36. of liwirgo III.. 43. of George IV.. ^3. Coroneti, antique, iqq. ducal, see Creit-coronet. eiisigning ihielcis, ii)8. ol ilegree. 198. Corporations and arms. iSi, ,^15, Corpus Christi College. j6l. Corsbie of that ilk. nm. Coucy, Willi.im ile. arms. io<». Counterchanging of arms, iHj. Coupar, Lord, armi, nj. bearings, m2 Coupar, Elphinston, Lord, arms, 242. Court o( Session. 70, 71. 73. \2^, 349, 361, 386. 429. Cover of cup, armorial. 1 1 1 . Covenanters' mottoes, 2i<). Cowan, I^rd. quoted, 383. Cowyn. Sir Thomai, cMC of, v. Sir John Norwich, 360. Crab, Paul, arms, 363. Crab, William, shield, 241. Cntgy, Margareta, daughter and heiicH of John of, seal. 156. plate xxiv. Craig, surname and arms of, 387. Craigmillar Castle, 1 10. Craignish, Dugal of, seal, 234. Crane (Cheshire) motto, 214. Cranshaws Church. 30.1. Cranstoun. Lord, 212. 31O. Craufurd of Auchinames, arms, 357. Crawford and Balcarres, Earl, it8. Crawford, ICarl of, see Lindsay. Crawford of Cartsbum, motto, 212. Crawford of Cloverhill, motto, 314. Crawford's Peerage, 246. Crawford, Reginald, seal, 238. plate xxxv. Crawfurd arms, 112. Crawfurd, Siuanna, marriage of, 383. Crawn, William, 60. Crmt, 179-192. Crest coronet, 193, 196, 197. Crest, u* also Badge, Crests, canting, 192. royal. 396, 397- province to grant, 84. used as badges, 333. CricbtiHi, Bari of Oamfries, 166. Crichton, Lord, 104. Crichton, sscood L^rd. lOe. Crichton of PNndiwigiit, Abm, dangtitsr ^, Cri-de-ouerre, a 1 6. Croc of Neilaton, arms, 262. Croc, Robert, 134, 140, plute xxiM. Crofton of Longford House, Bart., 1S3. Crofton of MohiU, 183. Croke, surname of, 370. Cromwell, Oliver, 116, 404. Cromwell, de, at Caerlaverock, 239. Cromwell. Richard, Earl of. shield of. 2.^1. Cronberg, house of, arms, 163, plate luixl. Cross, the, in heraldry, 339. Crown of King-of-Arms, 34. ( rnwn of Scotland, 197. Crown, consent of the, 360. Crusades, 14, 23, 260. Cumberland, Ernest, Duke of. 396. Cumlongan Castle 393, 397. Cuming of InveraL.chy, Sir \V., Lyon, 33. Cuming, see also Comyn. Cuninghame of Caprington, Smith-. 346. Cuningham of Kilmnurs, seal, 243. Cuningham of Kilmaurs, Sir William, crest. 192. Cuninghame v. Cunyngham, 36, 70, 73, 309, 346. Cunningham, Alexander. 4. Cunningham. David, motto (1500). 210. Cunningham, Earl of Glencaim, 212. 247. Cunningham arms, 192, 262. Cunninghame of f^estonfield, William, 94. Cunyngham of Piwtonftald, Sir Rotwrt Dick, 346. Cunyngham, Sir John, Bart., arm, 347. Curzon, bends of, 417. Canon motto, 207, Dacres, badge of the, 337. Dakyns, W.. 93. Dakyns motto, 211. Dallaway quoted, 295. h' u 435. Dalmahoy. house of, 310. Dalrymple of Bargeny, 94. Datoympte-Hora-Elphinstona. Sir Robnt, 189. Dalrymple, Sir James. Viaooont Stair, 44, ^< 345- plate xix. T)alziel. Marion, seal, plate xxiv. i)alziel, S:r William, arms, 133. DMlkr. Mr. Juitice. 211 Dwnlcy, arms of. vm U»ttghteri. lM>armg ,.| arm. by, j«i D«nphli, of France. ,9. **^* D*vid II.. joi. J,,. privy seal, plate xxxiv a«vi.. Sir VV.1I,.,,, l.ergu^„. ,1^,. jg, MP«IW, I.e. ,07 oi arms, 67 tolmnin patent, uf, o« Vattx. •nmame of, 37,. D«Vw«,rtieldof. 417. •■nMUBeof. ijy D«iV«ci surname of. 375. I>evcwgilta of (iailoway, ,7, Dick of Prwtonfield, Sir Jmm. am ia, Dick, M< Cunjmgham DISmncM, alignment of. 78, 80 •^•Mmpfes. 140. of cresti, 185. clS*'^'!!???'"''^'^'""- -'80. D,ffer*ntta4, extnmerum, 293. Diglayof Innerwick, arms. 298. Dimidiationofarms, 131 ,62 Drng^aUPurwUvant 47,'49. 30 DwBldl- in herrtiic questions. 65. IJominion, ns ol J7« Donaldson a l u ?ouble«,pportew,,38 Double TOBMB.., 380. 381. INDEX 491 13a. W»«r Stark. motto. i«j Douglas, ArchibaM ,Ka,l ol Moray) .6. OougI«. Arch,K.,d, Ea,l «f. 2S^ij£^ of Tourame. v,(,,K,rters 24* ^ Itouglas. ArchibaM i|,c (;r,m f_-j , (iailoway Douglas, Ar h,balci, Karl of Uougas,Ah«,n .55 pla„ Douglas ar,„s ,,0, -i^:. 417. •luignu, 409 IBOttO, 211 raraame ot. ^rv, war-cry t; Douglas, brm> ,„ sh,W,iof Douglas. Earl. „i ,\„^,„ „J"°' 'f*' Douglas, Earl ufl.orfar.an^ , X ' 369. J«BN». Ij8, J>oiigto«.tkirdEarlofMo, to« i.--. ^ughs. Earl, of, bp^rr 2.j •upporters, 234. • "*'" w^artment ia a. ^^^'^igjat't Earl, and E.H of Ma,, wUBam. arms. : 70. ■M. a34. plate xxxiv D««5* •«»d Earl of. Jamrs ,33. D^^ ttjW Earl. Archibald, ,43 ,„ •TO, ao8, 143, 246. '^7' seal. (4ata xxxiii. Douglas, foorfli Earl. Aithib^ „, seal, ,4ato joma. 'y*- »7«- Douglas, «fU, Eari. A«W^. ^ ^SS,^^ of Angus. Archibald, »»*J lUri of Angus, Archibald, crest, plate wodi. l^ougU«. eleventfc E«l of A«g«. Willi««. E.H. Drt, Of ""•''•w. «a»rt. 187. ®* 49* INDEX DooglM, Hugh of, shield, 235. Douglas, Isobel, Countess of Mar and Garioch, 148, 170. seal, plate xxx. Douglas, Joanna of Moray, Countess 234. Douglas, John, Dean . Moray, 143. Douglas, Margaret, C jntess of fourth Earl of, 150, 170, 171. i34. Douglas, Margaret, Duchess of Chatel- herault, 156, plate xxxv. Douglas, Marquis of, arms, 169. Douglas, Nicolas, shield of, 235. Douglas of Dalkeith and Morton, 244, agi. Douglas of Dalkeith, crest, 192. Douglas, Sir James, first Lord Dalkeith, 269. Douglas of Dalkeith, Sir James, 144, 187, 191. 196, 373. plate xxxii. Douglas of Douglas, seal of, 243. Douglas of Lugton, crest, 192. Douglas of Lugton, Henry, 142, 196, plate xxix. Douglas of Morton, bearings, 291. Douglas of Pittendreich. arms, i6i. Douglas of Redhouse, supporters, 310. Douglas, Sir James (1373), 140. Douglas, Sir James, 94. Douglas, Sir William, of Nithsdale, 268. Douglas, WUliam, ' the Knight of Liddes- dal«.' 187. Drake, Sir Francis, arms, 412. Drapers' Cmnpany, London, 183. Dtm of Officers of Arms, 53, 460. Dnimlanrig, Viscountess, see Ker, Isobel. Drummond arms, 147, 244, 261. Dnu nHion d. Earl of Fttth, arms, plate xxxvi. motto and compartment, 212. Dnimmoad, James. R.S.A., 7. Drummond, Lord, 41. Drummond of Hawtliomden, 243. OnmuBoiid. second Earl of Path, John, 199- Dmmmond, t$t Perth, Earl of. Dryadato. Thomas. Istey Herald, 62, 447. Dublin Hmld. 50. Dublin, prodamation of king in, 427. Ducal coronet, u* Crast-coianet. Duel of Law. 26. Oagdale quoted, 281. 309, 334, 338. Domfriea. Eail of, 166. Dumlrias war-cry. 218. Dnnbiane Catiiedtal. in. Dunbar, Earb of, mm. 24. aoS. 243, 244, Dunbar, Earl of Moray, John, 138. Dunbar, fifth Earl, Patrick, 17, 23, 140. seal, plate i. Dunbar, seventh Earl, Patrick, 134, 183, 267, plates viii., xxiii. Dunbar, Patrick, eighth Earl of Dunbar. first Earl of March. 231. 240. counter-seal, plate xxxiv. Dunbar, Elizabeth or Mary, arms, i6i. Dunbar, George, tenth Earl of Dunbar, and third Earl of March, 198. Dunbar, Janet, Countess of Moray, 160. Dunbar, ninth Earl, second Earl of March, Patrick, 191, 201, 202, 239, 240, plate xxxiii. Dunbars of Mochnun, supporters of, 212. 327. 331- Dunbars of Westfield. 313. Dunbar, Sir Alexander, tressureon bearings. of, 267. Dunbar, Sir Archibald (Scottish Kings), 114. Dunbar, Cleorge, tenth Earl of, 51. 202, plate xxxii. Dundas, house of, supporters. 316. lions of, 259. motto, 211. Dundas of Amiston, arms of, 283, 294. Dundas of Dundas, arms of, 225, 236, 244, ^83, 314, plate xxxvi. Dundas v. Dundas, case of, 70. 309, 462. Dundonald Castle, arms, 1 10. Dunedin of Stenton, Lord, arms, 318, 381. Dunlop arms, 134. Dunlop, Wallace-, of Craigie, 94. Dunmore, Earl 01, arms, 185, 270. Duntreath Castle, sculptured stone at, 236. Dunvegan armorial, 115. Durbars, Indian, 52, 33. Diaham erf Laifo. Star Atauader. 119. 446. ■ Eagle,' H.M. Frigate, 119. Eagles in Heraldry, 154, 232, 259, 392. Ecclesiastical arms, 1 57, 277. ' Ecu de femmes,' 151. Eden, Garden of, 14. Edinburgh Castle, 424, 482. city of, and supporters, 325. Commissioner to Parliament (1439), 104. George Faulo, Provost of, shield of. 233. proclamations at, 424. 427, 430. 471. INDEX Edsan of Wedderly. 313. Edmondson's Compiett Body cf UmMtv quoted. 37, 39. 329, 360. ' «lnioiMtone. Margmrat. daagUw o< Sir Janw. Mai, 139. |d«o^oii««I Dunti«»th. arm., 236, 306. ••Mwtrtooe of Duntreath, Sir James amorial ahield of, 236. Edm o mtnn e. Sir John, marriage, 268. Ed mo M t o M of Duntreath, Sir William crwt-coRmet (1400), 198. Edmonttooe of Duntreath, Sir William (1470). J36. 243. a68. 307. Edward in., 184. 217. 343. Edward IV., 245. ^y'^ *73. 396, 399. 401, 4-i4. Eghnton, Earb of. Montgomerie tgUnton. Sir Hv^ of, seal of, 229. t don, Lord Chancellor, quoted, ^82. tlgin Cathedral, in. Elibank, hati, arms, 270. ' Elizabeth of BnmtiafauKi.' no Ellis, W. &iiith. 16. E^UMtooe. wmjof. 244. 293. a95. apWartooe. Major-Gewial Robert Horn 94- ElphiMtone. Sir Robert Dalrymple-Hom X89. Ely, arms of Biahop of, 413. Emblem, 219. Empire, arms of, on iueecutcheon, 163 Enamel, fourteenth century, armorial, in. c-ndure Pursuivant, 31, 209. Enforcement of the law, 89. England, banmeta of, iwecedence, 326. bearmg of supporters, 312. compartments in heraldiy, 233. grants of arms to cadets, 28). heraldic authority since 1368. 86. law of arms, 29, 319. 314. uon passant of king, 269. minute differences of arms, 282 registering of pedigrees in. 434.' royal arms, 277, 397. royal devices and badges, 227. the cordeli*re, 256. tressure in arms, 27a. transference of arms, 339. ■••-^ rf45>w«f<«« «Nu«NfMN«erwM in, MO. 493 Erj'land, war-cry, 217. •usigns, annorial.' 13. Entail, condition to bear airtailv'a aron, 74. 337. 333- of arms, gnnti on, 57. m 1334. with daweofnameand arms, 27. efiect on ■"Tiamw. 378 Enol, Earto 01. am». 3,. 242, 243. 250, 264, 283, 301, 332. motto, 210. Errors in register, 124. Erskine. Alexander, 14a. Erskme (Areskine) of Cambo.Sir(Aiehibald) Alexander, Lyon, 40. Erskine arms, ,73, ,88, 241. 244. a77. 417. Erskine, Earl of KeUie, arma and motto Erskine, Earl of Mar, John. cwrtHawmet ('496), 198. Erskine (Goodeve), Earl of Mar. 167. Erslane s lnstU^cftitUmofStctlmmd. 33. 00, 69. Erskine, Lord. John, 142. Erskine of Cambo, Sir Charles. Lyon, 44. 81 90,122.283.446. Erskine, Margaret. Udy of Allerdes. 130 Erskme, second Lord, Thomas, 188 Erskine, seventh Lord, second Eari of Mar crest, 188. Erskine, Sir Nicolas, arms, 142, 188. 240 plate xxix. Erskine. Sir Robert, 142, 188, 191, 198, 239 24». plate viii. Erskine. Sir Thomas. 140. 188. 196. plata VUl. r—- " arms, 263. Escalop, symbolism of, 19, 20. Esperance Pursuivant, 31. EspleineMS. armorial, 114 Essex, Earls of, 146. Ettrick Forest. 232. Evidence, arms as, 8. Exeter, city of. 195. Ej^^cation of arms, 124, 127. EwBonth. Locd, anu. 414. Fairfax. Sir William, arm. and illustrmtion. 416. Fairfowl. Bishop, arms. 263 'Fair Maid of Kent.' Badge of the. 215. Falconer anu. 18. ' 494 INDEX Falconer, Richard. i8. Farquhanoa of Invercanld. Ifn.. 183. Farquhanoni of Invercaoia. rapportan, 31J. Fanlo, George, supporters. 233. ' Favour.' ito origin, 193, 194. Fdbtigge. Sir Simon, creat-conmet, 197. Fergna, King, anna. 389. Feme. Sir Jolm. 17a. 173. 356. FeKM'»PrimitivtInttitiaioMs4*sRoys, 144. Fme, Eleanor, seal, ija. Feudal enaigns, and anccenion to arms, 341 . Fife. Cooateai. Inbdla, seal, 148. Fife, ancient Earia of, arms, 141, 239, 274, 301. Fisher of NewhaU, 94. Fitzalan, Brian. 308. FitzGUbert, Walter, na. FitzWaltw. David, 11 a. Flanders, Philip I., Count of, 17. Fleming anna, 193. Fleming of Barrochan, arms, 274. illuatra- tion, 373. Floning of Kggar. seal, 343. Fletcher, cross Oory of, ate. Fletcher of Saltoun, Andraw, 133. Flenr-de-lis, 392. Flodden, challenge at battle, 433. Fogo, David, 387. Forbes, Lord, motto, 310. arms, illustration, 397. Forbes of Corse, croaa in arms of, ate. Forbes of Craigievar, arms, 396, 332. illustration, 297. Forbes of Newe, motto, 3ii. Fordoun, John of, 374, 389. Fordyce motto, 311. Foreigner not entitled to grant of arms. 67. Forfeited arms, 123. Forfeiture, 28, 35, 68. Forged account of duel of law, 26. Forging of charters. io8. Forman MS. Armorial. 114, 118. Forman. Sir Robert Lyon, te, 114, 118. ^ "1. 445- Forrerter. Adam, of Coratoiphiaa, aUcid, 235- seal, plate xxxiv. Forrester arms. 277. Fortescue motto. 213. Forth, Earl of, 66. Fotheria^iam of Ptowry. Mippwtera. 313. Foulis of Colintoun, arms, 26^. Foulis of I^eadhills. Robert, 298. Fountain of Honour, 81. Fountainhall. Lord, report of. re bearing of supporters, 314. France, King of, arms. 39. 248. 259. France, arms of, supporters, 237. alteration of numbers of charges. 391. ami English royal arms. 396. 398. angels as royal supporters, 249. arms oi pretension, 277. change of names, 388. compartments. 255. competition for crown of. and SaUc Law 343- mark of sovereign's favour, 236. minute differences of arms, 38a. motto, 209. transposition of quartan, 389. war cry. 217. Frangipani family, arms of. 363. Franklin. Benjamin, 3. Frank'jn Expedition, 9. Eraser, Hugh, 141. i-raser of Frendraught, 161, 198. Fraser of Kincardine, Margaret, 149. Fraaer of Kincardine, Sir John, 149. Eraser of Lovat, seal, 243. Fraaen of Philorth. arms, 368. Fraser, Simon, 140. Fraaer. Sr James, arms, 191. Fnuer, Sir V/illiam, no. 261. Fraaer-Tytiers of Belnain. 370, Fraaer. William. Bishop of St. Andrews. 363. Fraser. William, arms, plate xzix. Fte^ds of FiMbBd, anns. 374. FreaUag motto, an. FuUotoo snpportan. 316. FnllartoB, Lord, and case of Cuningfaame v. Canyngham, 330. Funerals, royal, 3a. escBtcheons, 38. feee.ft4. Fynes. Sir Rogar, arms, 337. Fytcbet. vatcbes of. 363. Gallowsy, Alan ot. CoMtafale of Scotland, 17, Plata 1. Galloway. Archibald the Grim, Lord of, tee Doaglas, thM Eari of. GaUoway, anasch Pnrroivant, 51. GarUes, house of. arms, 296. Gannt, John of, 137. Ged, bearings of, 263. G«Wa^ bauiiiga of, 263. °«''|^«™orial. 60, 1 14, ,95, plates xii., xiii., G«wJOBl« and birth brieves. Register of, *^«««*>gy a sejence. 2. •nd hetmldiy. 10. in anas, 145. _^WUc*ati for arms, 58. ««M«I Amembty. Lord High Commis- «pner.33.43a. * Gentlemen • fai Act 1672, 79. Gentlemen of ancestry of blood and of coat armour. 35. 79, 80. Geoffrey of Hordene. 134. plate xxiii. l^eorge I., 396. George III., 396, pUte xidii. George IV., 424. 431. G«iattyng,' 396. Germany, Emperor of. arms, 233 crests of cadets in, 308. transposition of qoarteis In, 389. Oevelston. bearing of. a6». Ghibellin. mark of. 303. Gibbon, Edward, 3. 14. ia. Gibbon, Kent, arms. 3. Gibeon-Craigs of Riccartoo. anas, 380 Gitaon, James, of Ingliston. 387. GiHord, heiresses of, 341. Gilbert, ancestor of hous^ of Hamihon iia oumour, surname and arms of 387 ' Glamis, John of Caims, Vicar ol. 2*1 Gtamis. seventh Lord, John, 139. * " Glamorgan, Lords of, arms, 263 Glasgow, Boyle, Earl of. arms. 261. 409. Glasgow Cathedral, arms of Jamas TV \b» armorial windows. 98, »>3. ' city of, arms. 325. 495 Glasgow, snrauMoi; 3fi6. Glass, heraldic stafaed. tia. GlencauB, CnBtagiiaBi. Bui lO, aia, 245, Glenfm&i,fairttlaat,368. Gloucertw, Oidt»o^ Rfctard, 202. Gloucester. Eari of. 31, Glove, 193. Glover quoted. 334. Gogar house, iii. C^en^ wife of j,^ ^ ,^ Gordon, Earis of Aboyne; anus. 271. a**. Gordon, Alexander. Lotd. plate xxiii. Gordon, Colonel Henry, ar^, 290. r!^H°"' ^.J^* of arms ia 1813 to. 410. Gordon, Lord (1439), ,04. ' Gordon of Birkenbnni. arms, 287 Gordon of Carlton, atms. 387 Gordon of Earlstm, anns, 2S7 2°46"^' "^"^ *** »»PPort«s Gordon of Huntiey. Supporters, 244. Gordon of Lesmore, arms, 287. Gordon of Locbinvar. arms, 387 Gordon of Terpersy. anns, 287. Gordon (Seton>, first Eari of Hnatty. Akx. ander, arms, 176. Gordon arms, 226, 287. 417, 418 surname of, 366. war-cry, 217, 218. Gongh, Lord, arms, 413. Gowrie Conspiracy, 265, 368. Gowrie, Earl of. su Rnthvso. SoBcitoP^soswl, anas. Graham arms, i8, 341, a6a. a86, 3*0 badge, 226. surname of, 366. Graham, cadets of Montrose, arms 167 Graham's Dike," 299. Graham, Eari of Menteith, motto, aio. C.raham-Munay of MunayshaU. anna. 30a Graham of Abercom, Sir John, 142^ Graham of Braco, arms, 290, 293 Graham of Duntroon, arms, 387. Graham of Fintry, arms, 292 Graham of Fintry, Robert, anns pUta XXIX. ^ 496 INDEX Oraham of Gorthy, arms, 291. Graham of Inchbrakie, arms, 291, 298, 299. Graham of KtUeam, arms, 290. Graham of Kilpont, seal of, 243. Graham of Meiklewood, arms, 286, 393. (iraham of Montrose, arms, 290. ( jraham of Nethemess, supporters, 316. Graham of OrchUl, arms, 290. Graham, Richard. Viscount Preston. 67. Graham, Sir Henry de, 18, 19. C>raham, Sir Nicolu, ig. seal, plate ii. Granger, Mrs., wife of minister of Kinneff 266. Grant, Francis James. Rotheny HenM, 447- Grant motto and war-cry, 218, 219. Grant of arms, 125 el seq. imperial, 25. of royal tressure, 266. of supporters, 126, 330. practice, 123. procedure for, 57, 125, 407. to liein of entails, 57. when praenmed, 79. Grant of Mmiimnsk, motto, 210, 212. <^y. Lord, arms. 213. 244. 330. Gray of Ruthin, Lord Roger, case of, afkiaat Hastings quoted, 338. Gray of Caimtyne and Dalmamock, 410 Gray arms, 359. Hi- Gnat Cmstable, badge of office of, 278. Great Master of tiie Household, 278. Great Seal, tmkm, 108. of William tiia Lion. 390. of Alexander II., 329. 391. of Akonder III.. 391. of the BalUols. 391. of Robert II., 396. of the Guardians of Scotland, 210. 391. of Mary Queen of Scots. 225, 397. of Edward VIL. 400. of George V., 400. of Scottish kinip, 335, 339. Great Yarmouth aims, 134, Grey de Ruthyn, 309. Grey Hunel King-of-Arms, 39. Grimaldi's Origines C«n- '' jgUat, 8. Grosvenor. Sir Robert, arms, 309. Guardians of Scotland, Great Ssal. 310. Guakfan arms, 136, 158. Guelph, mark of, in heraUry of Italy. 305. Guelph royal huuse, 396. GuilUm's HtrMy quoted, 307, 313, 333. 328. Gules, the tincture. 13. Guthrie, James, minister of Stirling, 393. Guthrie of Craigie, arms. 393. ('Uthrie of Kinblethmont, arms, 391. Ciuthrie of Ktncaldmm, arms, 393. Guthrie of Mount, arms. 358. Haddington, Hamilton. Earl of, supporten 244. Haddington, Ramsay. Viscount, arms, 163 265. Hagart of Bantaskine, arms of, 409. Haig of Bemerside, supporters, 313, 313. Hailes, Lord, 27, 342. Hailes Pursuivant, 51. Hale, Sir M., quoted, 339. Halfpenny, surname of, 375. HaUborton. Sir John. 148. Hall of Fulbar, arms, 274. Halyburton arms, 204, 315. Halyburton, John. Lord, 103. Halyburton of Dirleton, Janet, 157. Hamilton armorial, 114. arms, 112, 247, 261, 283, 338. 342.409, 417- crest, 187, 188. Hamilton, Anne, Duchess of, 174. Hamilton, Duke of. William, 174. Hamilton, first Earl of Arran. James, 188, 205, 269, plate xxxi. Hamilton, first Lord, James, crest, 188. Hamilton, first Marquis of, 33, 139. Hamilton, Sir John of, 113, iM, 340, 373, plate xxxi. Hamilton of Bargeny. 94. Hamilton of Finnart, Sir James, 271. Hamilton of Innerwick, 164. 298, plate xxxi. Hamilton of Littie Preston, Patrick. 60. Hamilton of M'Naristoun, tressure, 271. Hamilton of Sanquhar, William. 371. Hamilton-Ogilvie. uf Beil. Mrs.. 114 Hanover, arms of. 1 75. 396. liveries. 194. Hapsburg shield. 232. Harcourt arms, 152. Harden, arms of Scott of, 282. Harding, Hugh, 26. Harding, John, the forger. 37. HwJeian MS. No. 115, i,. Hames, WiUkm, 379 H«Tis, Loitl, 414. Harrington, fret of, 417. badge, aa?. Hastings amis, 283. badge, 324. Ha:^.°t"a^ 30,. 338. "IttTix?' Hay. John, of Tolibothel, 14, nUte Hay, Lord Alewmder, 3,9 ^ ' P***' Hay, Lord Wflltom. 3,9. Hayof Boun1e.Mi1s.a83. Hay^o/^R^,,, 3,. 4 Hay^f^TaUo. SI, Willi«„. ,,,, ^.^^^ Hay of Yester, supporters 2aa Hay, Sir WiUiam.T^, ' Hay, Thomas, Constable, marriaw 2fi« Hay, see Kinnoul), Earl X ^^- Haye Sir Gilbert of the. 23. ao Heard, Sir Isaac, 32, ' ^ •Heani' Tabard, note on, 461. He.«-female, and succession to d|pUti«, Heir-general, heraldic rights of th« »« Heirs. male and female, in qu«oS, c«»s.on to heraldic honio»^ Heir of line. 343. ' 353- Heirs of entail, 355. Heirs-portioners, 337, 3 ,5 Helmet, 23, 179, 201. ««>Mi ,, badge of the, 227. 5^""" W'.ria. 255, 256, plate XXXV. Henry II. of France, 201, 388 Henry I V. of England, 237 ' Henry V.. 32. " Henry VIL, 226 Henry VIII., 220. 272.3,,. Hepbun,, fir^t Earl of Bothwell. Robert. "'''X'rL^^'"'^"'-". James. "•"Stoics*' third Lord Hep^, Patrick. Of H«le, ,4.. pUt, INDEX 497 Hepburn. Sir Ritrick. rntth. 19- Hepb„™,^tbWE«,olB»W^«^ seal, plate wxiii. cited. ,97. Herald Marshal and trial bv «<«k.* Herald Painter !p «»«»»*. 433. Heralds, 46. advisers in armortal owes, 3,. chapter of, 60. English. 30. Irish. 30. Scottish, 46. functions. 39, jurisdiction. 37. non-armorial fimctioiia. Att of the nobles, 31!^^ * ' rise of office, 37. "Srtesn^*^"'*™'"'««^.3<*. supporters, origin of, ajg. terms, derivations, 14. Heraldry and genealoiy, 10 and architecture, 418. ' as evidence, 8. distinctiveness, 19. early, ,7. eariy development, 22. in literature, 3. in peace and war, 22. origin, 15. original object of. 16 to ig .1 shorthand of histMv 7 symbolism of, 20 Heralds' College, see CoUege of Anns Hereditary supporters, 33^ Heredity, 2. Heron of Heron, 214. Heron, herons borne by 261 Hemes, Lord, heiress of, 300 Hemes of Causland, Sir Hugh, a6* Hemes, hedgehog, bom. patent, 60, 85. ' •npporters, 244. Sir John, arms, 4,2, 4,, High Admirals, hereditary ar^ ,J H«h Steward, arms, 243. 277. "Of. bearings of. 263. *«*« Giroldseck. 163 H^«uoUem, escutcheon of, 232 Ramsay, fiarl of, 16a. ,63. 498 INDEX Holinshed quoted, 374. Holland, Florence, Count of, 27. Holland, supporters in, 237. Holy Roman Empire, 23a, 259, 266. Holy rood Abbey, 140. arms of, 236. unicorn supporter on carved panel, 237. Holyrood Palace, arms of James V. on, 233. summoned to surrender, 424. Home, Earl of, Alexander, motto, 210. Home, Earls of, arms, 244, ,^16. Home, familv of, and nrms nf Karls of March, .'85. Home of CJreenlaw, arms, 2<>j. Home of Polwarth. Sir Fatrick. anrnmal, 211. Home of Wcdderbum, 211, 247, 315. Home of Wedderburn. David, arms, 156. Home war-cry, 211, 217, 219. Honourable augmentations, 66, 17^. 264. Hood, Sir Samuel, Bart, 182. Hope, Lord President, quoted, 383. Hope motto, 214. Hope of Balcomie, Sir W illiam, arms, 298. Hope of Craighall, arms, 357. Hope of Craighall, Sir Thomas, 297. Hope of Hopetoun, arms, 297. Hope Vere of Craigie HalJ, 214. Hope Vere, the older sp^lteg Hope Weir, .173- Hopetoun, Earl of, Adrian, 1 ^q. Hopingius, De Insigntis (1642), 36. Hopkirk grant of arms, 61. Hordene, Galfrid, 140. Horn, SM Dalrympte-Hom-Rlphinstone. Horn, the bugle horns of. 263. Hme caparisons, 179. HtMse bonnngi, heraldic, 1 7. HoqritaUers, Knights, 157, 181, 285. Hoottons of that ilk, arms, 274. Howard arms. 418. Hnbback quoted. 375. HoUstoa, Richard of, pelican, 261. Home, David, 3. Hume seal, 243. Hume, Sir Fktrick, Lord PWwarth, 266 328 Hnngerlocd*, badfe conquhar. Adam de, 230 ^te x« Kilmaron. Thomas of, ai Kilpatrick. seal. 243. King^^the fountain of right ol arm.. 34. 33. King^ThomasW.,qHot«i.4oi. Kmgs and nobUities' amw. 114 Kmgs-of-Arms. 38, 39, 30, j^^' Kmgs.of-Arms Caupeny? Clarenc«« • (-arter ; Grey Hunel : Lyon : MmU me : Norroy: Ulster ^* King of Heralds, duties of. 421 Kingston. Viscount, arms, 17, Kmloch V. Lowrie, c^^se of, quoted, 38, Kninetf minister c, (Jame^Grani^er) Kinnoull,^^,o, Hay, arms. rS:^aig; "'T;SiKt^4o^;;.":33""'-->^'^- lumioull. tenth Earl of. ThomM Robert Lyon King, 40. 446. Kintore, Earl of arms, 266. Kintyre Pursuivant. 47. 49 Kirkpatrick. Sir Roger. 21a Kirkpatrick of Closeburn. aia, 274 Kite-shaped shield. 17. Knights bannerets, and supportere. «a6 Knights m Act of 167a. 500 INDEX Knighu Temptera, aftgiM on tomto. mtm, 285. KaoBya, Lord, aoa. Label used as method of dllhraicinf , 300. Lacs d 'amour, 233-36. Lacy arms, 227, 339. Ladies' arms, 136, 146, 158, ite, 161. Laing, bearings of, 236. Laing, Dr. David, 116. IJ7, 144, aaj. Laiiig, Henry, 109, 136, 163. Lairds. 35. 79- Lambert motto, 211. Lamberton, Bishop of St. jViidrews, 104. Lambrequin, 204. L'Amy of Dunkeniiy, Ramsay, 323. Lanark, eagle in arms of, 232. Lancaster and York, union of the houses, 226. Lancaster, Earl, Edmund Crouchback, 183. Lancaster, Earl, Thomas, 193. Lancaster, Henry of, arms, 237, 293. Lancaster Herald, 50. Lancaster liveries. 194. Langrius, Baptista, 144. Langton, John dc, seal, 210. Latham shield, 231. Latimer, Lord, device of, 226. Lauder, Katherine, wife of John Swinton of that ilk, seal, 159. Lauder of Bass, seal, 243. Lauderdale, John, Earl of, seal, 234. Landwdale, Mattland, Eails of. anna. 263, 370. Lauderdale v. Scr> rageour-W'edderbum, 8. Laundel, John dc, single supporter, 236. Laundeles, Freskin de, 236. Lawrence-Archer, James Henry, 419. Le Breton armorial, 114, Lee peimy, 215. Legends, family, 16, 30. Loclchart, 213. Mactmith, 2. Scrymgeonr, 21. Ltittsler's Commonwealth. 343. Leicester, Earl of (BreteuU), 146. Locester, Earls of, arms, 273. Leigh's Accidenu of Armory, 31 1 . Leith. heraki to taste wines at, 433. Leith, ' pier and shore,' 423. Lennox, Duke of, admiral's badge, ibS. Lennox, Isabella, Countess of, seal, 152. Lennox, IsabeUa. Countess of. Duchess of Albany, plate xxiv. Lennox, Malcolm, Earl of, single supporter of, 33(), plate XXXV. Lennox arms, 138, 261, 274, 330, plate xxviii. Leo Heraldus, 40. Leon arms, 361. Leslie arms, 344, 289, 409. motto, 311. Leslie at Balquhain, 288. 289. Piter Grant. 94. Leslie. Margaret, Countess of Koss, 148. Leslie oi Rothes, seal of, 343. Leslie. Sir Norman, 149. Leslie. Sir Walter. 148. Leslie. Walter, Lend of Ross, arms, 169. seal. a3». 233, 333. plate xxxiii. Lesser Barons. 33, 79. Leven and Mdville, Earl of, arms, 381. Leven, I.eslie, Earl of, arms, 2O3. Liddesdale, Knight of, seal, 244. Life peers, right of, to supporters, 3J5. Lilies, heraldic, 339. Limitation, see Destination. Lincluden, Provost of Church ot, 333. Lindsay, armorial bearings of tiie varioos branches of the hcmse of, plate xxxvii. Lindsay arms, 167, 303. 417. manuscript armorial of Sir David I.. 63. 1 14, 116, 173. 278, frfates xvi., xvii. herald, 31. motto, 209. spelling of, 376. surname of, 366. Lindsay, Alexander, of Urmuton. arms. 298. Lmdsay, Bishop John, 109. plate viii. Lindsay, Earl of, 9. Lindsay, Earl of Crawford, 168, 330. pbte xxxvii. Lindsay, first Eari of Crawford, David. 31. 166, 196. 198, 242, 269. Lindsay, second Earl of Crawford. Alex- ander, 202, plate xxxiii. Lindsay, third EariofCrawiocd. David. 167, 290. Lindsay, fourth Eari of Oawlord. Alex- ander, 167. Lindsay, ninttt Earl of Crawford, David, 187. Lind-say, twenty-seventh Eari of Crawford and Balcarres. David. 118. 187. INDEX .^nSL^*^- ^'^ Alexander, Melgund, SMl, 139. I>«viU (I.) Lyon Lmdsay Of Rathillt. Si,D.vid (111.,. Lyon. Lindsay, Sir Jerome. Lyon. 40. 446 4,, ""rh];:hS:ar'^' p-i- - Tor. Lmdsay of Aochtermon^. Sir Alexander. 0/ Balcarres. plate xxxvii of Barnyards, plate xxxvii of Blacksolnie, plate xxxvii of Bonhill. pUte xxxvii of Broadland. plate xxxvii of Byres. 14,. plate xxxvii. of Caim, plate xxxvii. of Cavill, plate xxxvii of Covington, ptotexj^vii. of Crawford, arms. 240, 243. plate xxxvii 01 Lulsh. plate xxxvii of UowhUI, arms. .88. plate xxxvii. o Wod. arms, ^c,., pUt. xxxvS. of f^Slescairnie. arms. 292, pfete xxxvii of Edzell. Walter, 167 ^cjo nl y'^f'^u"" '^'^ Crawford. WiUiam 1 w of tviliclc. plate xxxvii of Gamock. plate xxxvii. of Kirkforthar. 2,,. 292, plate xxxvU o Ljnbank arms, ,g,, /^t^ J^^' of fttscandlie, plate xxxvii. of Pyctstone, plate xxxvii of Rossie. arms. 288, plate xxxvii. of Spynie. pUte xxxvii. of Tliurston, 109. ofWauchopdale. plate xxxvii. , °* ^"™«tone, plate xxxvii. I^thgow, Castle of, 298. 501 js supporter^ 243, 33^. arms of moral Matiaent ito Livingstone. Sir AleliMder. 104 i» I^. Sir Simon. a,3.V5.^' Loch Uvea, Cartle of. 4,3. Lockhart of CanibwnetiHi. motto 21, p'okhart of Camwath. Gt^^^; Lockhart of Lee, 213, 263!^' Lodvica. Baron, creMa. 180. Logan of that ilk. 261. Logan. Walter, single aopportn- aa« I-ogie. John of, 28 ' |-<>S'e. Margaret of. Queen, 28. London, proclamaHon of king in ^27 Longus. Thor. seal, 207 Lord Advocate, 401, 420 lx)rd High Commissioner. 4.2 Lord Justice-Clerk. 429. ' Lord Justice-General, 330. 429. Lord Lyon {su oho Lyon). ttOe 40 Lord President. 330, 4"^'' Lords of Parliament, seate of the , ao and bearing of, upSU'*^' '^9- Lonmer of Kellyfield » , J-rimer. ProfesiStm^-J. Lome arms. ,63.174, 26, 277 Lome Lord of, Stewart, John, nlate «^ Lorrame. Mary of, arms iw^i?^ Lorrame shield, 232. * L'Oseau cited, 201 Loss of right of blood in aims, 67 of title to demand aWe/' Lothian. Earldom of, armTLa; a,, Loudoun. Earl ot. annHL. «idge. 224. I^n. Udy EdithM.«,. Co«,te«ot Londonn. surname of, 166 Lows ''IL of Franco .a I-«t^..AdL^l, 121, 254, 3^4, 3^8, plates xix., xx., xxi. Lyon Register, authority ol, 102 cordeliftre in. 236. keeper of. 52. new armorial grants ia, 409. statutory, 78. Lyon tmi, 243. Macer of Lyon Court. 51, 4,!2. M' Alpine, surname of, 375. MacAlpine war-cry, 218. M'CauI arms. 409. M'Culloch, Adam, Marchmont Herald, 121 447- M acdo n ald, surname of, 366. M i c d ow ald. CeorgL, 2. Macdoiuld. Lord of the Isles. Alexander, craet, plate xxxii. Macdoiuld of Uoisdale arms, 420. MudoMU ol Clanranald slogan, 219. Macdonald of Moidart arms, 420. BUcdonald. Wm. Rae, Albany Herald, 110, «3<>. »63. 172, 23?. 242, 213. M B C do n alda, badge of Uie. 22(.. M'DoaiMU f. llMdonald, 36, 72. 129. 404. M>cdougal of Ifaclnntaa, Uoi^, max- riage, 341. MacOongal war-cry, 218. M'Oowall Alexamler, Baron of Lodvica orMtt, 189. M'Dowallof Mackerstoun, 189. MacCarlaneaol that ilk, arms, 234, 274. .Macfarlanettogao, 218, 219. Macgeorge's ArmorM Intignim of GUugow, 109. MacGregor of MacGregor motto. 212. .MacGregor of MMGregor, Sir Malcolm, 1 1 1 . MacGragor badge, 226. •logan, 3i8, 219. surnames, 368, 369. .Maclcay war-cry, a 1 8. Mackenzie, Lwd, and case of Cuniaglurae 1'. Cunyngham, 330. Mackenzie of Coal, 17a, 173. .Mackeniie of Seaiortb cteet, 219. .Mackenzie of Seaforth; Hon. Dame Mary Frederica Hood, cratt, i8a. Mackenne, Sir George, 6. 12, 33, 34. 73, 81. 82, 106, 113, 136, 164, 166, 172, 203. 203, 206. 212, aai, aaa, 223, 228, 236, •2J7. *49. 231, 23a, a33, 233, 260, 266, 281. 283. 297, 301, 303, 312. 314, 316. 3*3. 3a6, 331, 337, 344. 33,. 333, 339. 361. 378. 399. 43«- Mackenzie. Sir George, SM«ttc« of HtraUry relied on in jndgnMnta in Court of Session, 73. .Mackenzie badge, 226. slogan. 2 1 8. Mackgill arms. 387. Mackinnon war-cry. 218. Mackintosh motto, 211. MacLeod of Dunvegan, 114. Macmillans, b«ulge of the, aa6. M»cN«Jll war-cry. ai8. Maconochie. Alexander, ntppottm. «>i M*cpher«,n of Clmy. W|«iS?8o' 8, Maitland, David. 387 Maitland, John. Lofd. Mai, a,. M*|t and o( Halton, w^wtert «^ Maitland petition. ia8.^^ ' ^ Majtland. Sir Richard, MaL plate s>iii Mansfield, Earl of. arnirTra'^ ' Mantling 204. ' Maquhen. Michael, 1 1 1 Mar and Angus, Countess Margaret 148 210 Mar and Garioch, Counter iShSa ,48 arms, 167, 174, 330. chapeau, 104. ioo. motto, icxf. Mar. Earls (Celtic), arms. 170. Mar. Earls of. arms. 262, ,68, 277. Mar. Earl of, see Erslcine and Stewart Mar. Isabel. Countess of, 2 1 , Bi?i?T8;; ^J;"**"*"- -"d last. Celtk March. Earls ofranns, 24,, a^,, ,g, Jfa«h. Earls of. Dunbar, K'of. March, Oliver de la, cited. 107. Maichmont. Earl of, anns ol a66. At>rchmont Herald. 46. 48. 4a, Margaret, daughter of Robert ni. imI i« Margaret, Duchess of Norfolk, aViTV^* Margaret of Anjou, badge assumJdby^, Margaret of Denmark, arms rr ^' ^' loienge of anns, plate xxi'v. ' So%^r"'''«"^-°'J-esIV., JJw»»«t. Queen of Scotland, 138. w, Douglas, seal, 171. 234. >^*chal College, Aberd^, ana^ J**^chal. Earl. arms. 27. JJ«2^. daughter of Robert II. seal a» •JlJborough. Duke of. crest-co^n:? ItoirtiU, Orfonel William, arms, 266. Karl, of EngUnd. 86, 9, „, INDE4X JO3 Marshal olfco«lwid. 41. tf Keith. Manhalllng of royal mia, m8. Martin (Dorset) motto, air Mary II. and arms of Jamca VI., ig. Mary II . Queen. ,j jov Mary H.M. Queen, gartaTiS. fajl -T" visit to Edinburgh. 424 ^ wal, plate xxxiii. Mary of Lorraine, Qneo, of J..,, v.. „,. arms, plate xxxvi. Marj- Queen of Scots, signet, aoo anns. 26,,, 39,, 3^4, device adopted by. 226 Brant to Sir Jamea Sandllanda. 161 ^reat^^sea.. .,3. ^^'^^ letter (1.561), impresses, 220, 221. shield, plate xxv. Mathie. David, change, surname. 387. Matriculation of arms, 57 I' Matrimonial alliance ' ^'d IlL^^J,',.'- ^ arms, 409. »•»"»■ m Blanle arms. 286, 330. £j« non cogi, ad impo,sibilia, ia8. Mwrtone-GrahamsofCuItoquhey. 38^ Ito^reU. Earl of Morton. aAns. ^54' ■ MwtweU. Edward, marriage, 367. MMweU, Gilbert, 142. ' M*xwell, Lord, aims, 244, 31a. ^*lrid le^^"""' " *** ^' WUMaiB Otii. Muiwell of Herriea, John, LonI, 8. •ma, plate vi. Mwwejl ol Lochnitton, amis, 206 ■••*waU of Monrcith, p tm. arms, plate xxxii ' JfMtwdl of Nithsdale, 300 >i«nreUofPolIok,seal, 243 3,= Mi>«^of Teyling, arms.'a,,,, 296, 34, Mwcwen ama, age. ^ St. Andrew's cross in, a6i. M*w, *M Bannatyne, iii. J*e«>*«>g« of arms, 18. JWdmn, J,An Mareh„,o„t Herald. 23. """■^ ptata nxii . Meidnimoftfaatilk, 158, 34a. 5«4 INDEX I, afti. Mrlmse Abbey arms, Melrose, RarMom ol, Melrose rebus, 187. Melville motto, ii j. Meneatrier rited, ioi, ajg. Menteith, Alan, Earl ol, imI, aj». Mtntcith, F.arl ol, AInMMtor Stewart, 140 i.ji. plate xxix. Menteith, F.arl of, »t( Stewart, Robert Menteith, Earldom ol, .irms, ^41, .61. Menteith ol Husky. 1 1 .', Menteith and Str.ithern. Karl of, 10. Mcnziea of th-t illt, motl.j, ^ij ' Mriizies, Sir Holx-rt, ol that ilk, seal, 2J9. Mercantile marine, ftajj, ^06. Mercer arms, iijj Merch.ints, ji. Merchants of Paris, Hi. Messenger of arms. 58, 4^2 Methvcn, Master John. arms. 23 ^. Methven Wood, Hattle ol. 1O2. Michael and (leorgc. Order of SS., ity Michael, John, son of see W emyM. Michel, Francistjui i itod, loi. Middle). .n. Earl ol ,rms, .-s?, 266. Millar, cross raolint- of, 2(k). MiUiken-Napier, crest, 18;. MiUington's Heraldry quoted, 401. Milne, Admiral Sir Alexandar, mo. Ifflton, John, quoted, 219. Minor Barons v. Lyon, 85, 462. Mitchell-lanes ol Ayton, 124. iim aetdiell, WiUiam, 387. Moderator ol Church of Si otland, 430. Modem •rms, 10. MoirolLeckie, arms, 127, 361. Mbsrv. Graham, 127, 464. Molle, William, 386. Moncrieff ol that ilk. 313. Monk. General, 119. Monro ot Attan. arms, 359. MoMDof PMnadie, 7. Moateith ol Auidcutlue, 7. Montgomefie, lifth Earl ol Eglinton, Hugh Montcomerie, twellth Earl of Eglinton Hi^. 319. MontBOOMrie, home ol, supportet^, 248. Mont.^omerie, Loid, arms, 319. Montgomerie, Margaret, wile of Robert, •iJith Lord Seton, Eail of Wiataa, 13a piatoxxv. BgHntTW. wyvems as «up- porten, 347. Moatfomerie, vai-iattons m the spelling of. 37*- Mon tp«>eri« .. lUur. de.|i.oi. 239, jjo, 417. tmi. It, plato ii. (1.19'). Mai. plate ii. Montfomery (rf Lainahaw, 17) 1;, ,i6 McattfooMfy, Sir Baal Graham. 381 Mnntfomety, Sir Neil, ol Uinshaw i -4 M' itgomery. Sir Thonaa, 224. Mo. tRomery arma, t%. 248, 270. 417 Miiotliall. Uorn J39. Montj«qre, Kiog-ol-Arms, 209. Montmoraocy. Herv4de, seal. 326. Montmorency, MatUni da, cran. 179. i« , Montmoraacy rfevice, ttb. war-cry, 417. MontroM, dacirf pataM ol, 341, DukM of. arais, ,67, ^jj. 292, pUte xxxvii. i:arls and MaaqtuMsoi, aeaU. 241-2. storks as supporters in arms ol, 242 247 Moore ol Corswall. Carrick, 1 24. Moore, (;enwal Sir Join. 124. 332 470. Moray arms. <6t. 176, a6S, Moray. CounfcsM ol, AgMa Ifamdolpli, 149. Moray, John Duabar, Eari ol, 158. Moray. Janet Dunbar. ComtaiM of i6n Moray. Farl, John Raadolpll, 147. Moray, Joanna ol, Conatwn ol UMgiaa, «50. 170, 233 ^1. 234. plate jouiii. Moray. Ragmt, btaaa, pfeta %. coronets, 199. Morgan. Sylvanus. 130. Morison of N .ghtoB, Adam Dmcaa. crests, 189 Morlcy. Sir RoU-rt de. arms, 308. Morley, Thoin Lani. eaae ol, v. tmd Lovel, 360. Morton arms. 138, 227 Morton Earl, Jamea, 138, 269. lozenge, plate xxv. marriage of, J69. Morton. J it, m. Countaia, fjf*. 269. lozenge, j.late xxv. Morton nineteenth Earl o, crest. i«7: .<•# also Douglas of Dalkete. Marville. arms of de. 18. Moscow, anna ol, 232. INDEX MoMt, TlM«M Jaia«M, Mottu, jo6. Mottoes, emmplM h so? to j i i fOJWl, (''7. «(M War-cnat, ai6. ' AltortM aoa sit qui potest cue OA. ' Avii in An.' 189. iif tter a w, burii tium Mr bMd.' 4 < <«le»ti, sei|uor,' l>.-it Ufi r«n.'ntBm,' 183 l>ieu aye , o„ Uroit.' 119 Festina ler fe,' is^. FiiltJita*,- ji"^ ' I Soifriw {ame, J«rf. ■» pour doi.iu r 190. ' Miari,f« iB«i, Denv ' Non arte aed m rte.' j ' Non mart.- scd artt," i ' Nunqu.i ii noi, paranw. ' Patior u notiar ' : ' Reviresciri s.' * Ruinam Sii t .rm „, re- 5. ' Sola nobili ■ irtus. ' Sola \ irtu^ iiitat, ' Solum Do ido,' ' Sub nihil, / Tantt' iiberior,' i ■ Vlresc vulnere vu as,' 6^. •tes wil'l ' ^ I. 141. ' Wood Mountjov Mowat ■ MemtitH- "Wwwbrav Jir of .\ .rd, ■ 10. Dc .Viontc;' 4 B. nbiHigal »«- ■ C kainiev. ^-i "5 S9 V >t. 2e i Sir Willwm, jo Ulau, imatne • t ai. J V, i>ut Mti ^ »• Umn. 'fcwsy .e ■■ Ian, ai ^fcuwy • - Poln. ie, 94, 3j MBitsy o* ToachaduB. WtiMMB. 313, ^ay 'hoii. «;het. nioileiM torn ot Dt tt^*^^ !75 M IV. cross ni. me of, 260 f f ' amu, 80. lir Aiexand«r. 187. •9. 270. jpportm. 3ia. t Lotri Napiw. ns, 28f< \l •rchis ^5 a, L, ' . (listen . Archibald, crest, t8, *> i«r of Mer. histon. John, 187. N 'P'W of Merchiston, Sir Archibald am, «87. 402, 248. Napier of Merthiston, Archibald, arm, it^ Napier of Merthiston, arms, 151. Napier of Wrichtishousis. i j6. *rais. 131. Namyth, James, 2. Natkan, laaac, author, 370. MatMiuU Bank of Scotland, 18 1 Navam Crowa, 107. Xaylw, a. Nellaon. G«oixe, LL D., 27 NAon, Earl, arms, 332. 414 g ^fcw Bow of Edinboigh, 236. Mewboigh, Uvingstones. Earls of, 270. N«wtoo of Newton. Richard. 94 ZTr^'\^*P'^ 0/ HtTiMry. 196, 414. Nichoto, John Gough, 146. * Nicolaa. Sir Harris, 10, 3a, 43. Nid, Manhal of Pran-*. arms, a63 «W*t. Alaiaada^ .2. 44, ,oa, iij, ,30 35*. 413- Nisbot anna. 307. Nisbets of Dean, mpportets im Jetnne 00. 33. IfMlu mtfons. 33. 88 J« 5o6 INDEX ■ Noblemen ' in Act of 1672, 79. Noble's History of tk$ CoU»g$ 0/ Arms. 43. Norfolk. Duke of. TNmbm Mowbny. arm 227. 272- Norroy King-o(-Aims, 39, 50. Northesk, Earl of, naval crown, 200. Northington, Agnes of, 104. Northumberland, Duke of, descent of »4» Northumberland, Earl of, 51. Northumberland Herald, 31. Norwich Sir John, cue v. Sir Tbomaa Co'vyn, 360. Notary Publics, 383. Nottingham, Earl of, crest. 184. Nova Scotia, 328, 329, 349, 351. NovMi homo. I. Nnmbers of charges, and modat of dis- tinguishing cadets, 291. OchterJony. Christina, seal. 159. Officers of Anns, 3> . antiquity of offices, 47. badges of office, plate iv. <>*wm o B ial functions, 52. drm, 53. 460. dntiea. 3a. eariy hMory. 37. England, jo. iBm^i^ 53, 4te. Inland, 30. Scotland. 37 H (M. official tiths, 47. otders of knighthood, 51. ngiatratian of pedigrees, 434. Office of Anns of Scotland, Ctoffc. ms Lvm Oark, Lyon Office. Ogilvie of Buna, anu of, 266. Ogilvie of Boyne, Sir Walter, 139. OgUvie of Innerqnliarity, anas. 234, Ogilvie. Walter. 141. Ogilvie seal. 243. OgUvy. Mrs. HaaiHon, of BeU. 114. Ogresses, 3. Oliphant. Laurence. W.S., arms. 386. OU^t, Uwrence. Lj^m-depnte. 40. 446. UUpnant, Lord, arms. 843. aM. 294. OUphant of Bachilton, arms. a93. 294 OUphant of Clasbainey. anna. a93. so'v Oliphant of Cask. aims. 286. ^ Onslow, Lord, motto, 214. OnuMwwe. Lord, arms, 358. Om^hoBss 01.276. Otder of Council, marahslling of royal arms 402. of precedence of banmets. 326. Order of St. Patrick, 30. Order of the Thistie. 43, 226. ' Ordinaries.' 293. Ordination, chw^ge oi, and suaame, 374 Origin of arms, 13. Orkney and Caithness, Eari of, 29. 268. Orkney, dragon ships ol. 261. Orkney. Robert, Earl ol, 414. Orleans. House of. 300. Ormiston, John of. arms, 261. Ormond Pursuivant, 47, 49. Ostervant. Guillaume de Bavitee Comte d* ^conq»artm«nt in seal of. 231, Orfoid. Eari of, 143. 144, 224, 307. Painter, Herald, 51. Panmure, Earl of. shield, 286. Paris, merchants of. 82. Parke, Baron, quoted. 384. PtoUament, Acts of. relatfaig to Heraldic Authority, 436. Pariiament, Act of 1681. i<>3. Ac* of 1708. 106. and national arms. 404. and surnames, 3C 384. and tressure in Scottish toyal arms. 392 opening of. Officers ol Anns at, 3a. supremacy of. in mattsn ci heraldic right. 351- Patent, custody of, 129. Patents of arms. 113. ;2i, 125, 129^431 4M. Aberdeen Royal Burgh, 453. Campbell. Sir James, 436. early. 60. Lord Maxwell of Herries, 1 13, 1 21 . see Balfour of Pittendreich. Tallow Chandlers of London. 86. Patersons of Bannockbum, peUcan. 261, Patersons of Dunmore. pelican, 261 . Patrick. Order of Saint. 325. Paul. Sir James Balfour, Lyon, 38. 446. patent in favour of, 454. Pedigree, recording of, 1 23. 433. Pelham badge. 224. Pelican in heraldry. 261. Pembroke Hall. Cambridge, arms, 152. Pembroke, EarU of. and case of Gray of Ruthin V. Hastings. 339. Penalties for unlawful use of arms, 89. INDEX Pentland, Lord, ciwt and motto, iSj. Percy fusils, 417. Percys, heireM of temily mmim JoweUne de Louvaiae, 373. Percy, He.;ry, arms, 237. Percy, lions of, 239. Personal arms, 238. Pereons entitled to begnnted arms, 64. Perth, eagle in amu of, 23a. Perth, Earls of, cattnpa of. 223. Perth, Earl of, computmmt in armi of 253- Petitions to Lyon, 123, 127. Petra Sancta, Francesco di, 144 Peverels and badge of the HungeribRto, 227. Physicians, KoyalCoUeg* of 430 «ctish K ings, badge of tiie, 226. P|errepor. io ".otto, 213. Pitt, arms of. 411. Plain quartered coat, 172. Planch6 cited, 13. 16, 18. 22. 224. Flantagenet, Anna, atma, 272. Plantagcnet, Edmund, 223. Plantagenet liveries, 194. PUying cards, 138, plate xxt i. Poland, shield of, J32. Polloclc, Chief Baron, shield, 410. Pollock, Sir Frederick, anns, 205. 410. Pollock, house of, aupportets. 316 Pblwarth. Lord. Sir FkMck Hume, iCft, 328. POnt's Manuscript, 113, 287, 201 Pbpe Alexander IV., 20. Porteous, George, of Craiglockliart, Maich- mont Hfrald. 61. arms, 287. Porteous of Halkshaw anna, 287 Portcullis Pursuivant, 39, 30. Portraits, arms on, 112. Poverty and arms, 82. Practice of Lyon Office, 123. Precedence, 38. Lyon's jurisdiction, 69. petitions for persooal, 39. warrants of, 39. Prelates of Act of 1672, 79. Presbytery of Edinbuigli. 430. Preston arms, no, m, 138. capeline, 204. rebus, 193. »43- Pwatai. ViMXNnit, «7. Prestwick, Willi.-»m, Dean of Haatinga 211 Primrose, house of, colour ofH^re granted to, 270. Prince. «>nsent of the, in heialdry, 338. Pnngle, Marion, seal. 139. " Pringle of Bumhouse, arms 288 Pringle of Clifton, arms. 288. Wngle of Haining. arms, 288 Wngle of SUtchel. aims, 289. Pringle of Tor^voodlee, arms. 288 Pringle of Whytbank, arms. 288." IMngle, house of. arms, 288. Pnngle. origin of the name, 289 Pringle, icallops in arms of, 330 Privy Council and iwaring of «.pporte«, proclamation of a King's acceaaion a^s Privy Council of Scotland. 69.^^' * Pr^'^bes the beaitega of he^f ta- bards. 36. Privy Seal of James V., unicorns on. 397. of Scotland, and aapportm 00 ^ arms, 397. •■^jmt Probative quarterings. 273. Procedure in Lyon Office. 123 Processions, public, 38. Proclamations, royal, 52, 58, 424. 423, Procurator Fiscal of I von Court. 51, 59 70 94. 462. " ' • Procnrator Fiscal v. Murray of Touchadam 119. H6, 130. P>08cription. Acts of, 369 P>«wrt*«»» *ar illegal nae of anna, 93 *f "naeia, arms of. 232. Sl^S! S*^***' °' A" Anns. ! Rebus, 192, 420. Records, keeper of Lyon, 51. of early practice, 102. of Lyon Office. 51, 120. of practice in use of arms, 102. Recording of pedigree, 125, 433. Red Cross Knight, arms of the, 416. Redhouse, escutcheon at, 25O. Registers, deletion from, 123. extracts from, 58. Regtoter, Lyon, 116, 121, 254, 324, 328, plates xix., xx., xxi. keeper of, 52. •tatntory, 78. Register of Anns, Forman's, 118. Sir David Lindsay (L), 116, plates xvi xvii. Sir David Undsay (II.), it8, plate xviii. Register of GeiMalogies, 386, 433. Registration, evidence, 62. Reciatimtioii fees, 130. eariy, 61. of ancient arms, 57, 125. of arms enacted, 77, 78. recalled, 71. recognised as evidence, 71. unregistered arms, 70, 123. Report of Commission v Ruthven arm!-. CaatlB. ass J09 Rutland, Dukes of, ttMsmi bonw by. 273. Kyne, Janet, 112. ' Saint Albans. Th* Bokt o/, 33. Saint Andrew, banner of. in Scottish raval arms, 237. ' cross of, 223, 237, 2bo, 404. patron of Scotland, 210. Saint Andrews, Alexander Stnvart. Arch- bishop of, arms, 397. James, Duke of Rom and AicbbkhoD of arms, 397. ' James Kennedy, liishop ol, arms, 368. 2m'' Archbishop of, arms, WiUiamFraser,Bi8hopof, arms. 363 Saint Bathans. Collegiat* Chuidi of. 177 Saint Francis, and the cordeliire, 333 Saint tlcorgc, banner of, 237. cross of, 2i3, 260, Saint George, Sir Henry, 80. Saint Giles's. Edinburgh, m. 343, 348 393. ' ' ' Saint James, shrine at ComposteUa 362 Saint John, cross of, 278. ' Saint John of Jerusahm. Honitallers of Order of. 278. Siaints Michael and George, 31, 33. Saint Patrick, cross of, 405. Salic Law, 342. Saltoun, Lords, supporters. 248. Sandilands. capeiine, 204. Sandilands, first Lord Torph.chen, James e 263. 330. Sandilands.8econd LordTorphichen, Jan'es •63, 235. SandilandsofCalder, ,63. 173, 233. 247. 269, 278, 409, plate xiv. Savages as supporters in heraldry. 34 a Savoy, Beatrice of, 233. Sawers, John, Herald painter, 91 . Say, Lords, arms, 307. Scallop shell, its symbolism, 19. Scot of Haychnster arms, 283. Scot of Woll arms, 283, 288. Scot. Sir Michael, 303. Sctti Puragt quoted. 246. Scota' war-cry. 216, 218. Scott, Anne, Duchess of Buccleucli, 159 Scott arms and crest, 189. Scott, DucheM of Bucdeuch, seal 303 5>o INDEX Scott. Duke ol BBCctonch. motto, jio. 211 /If*""", l^rl of ccleuch, 304. Scott. Walter. Earl of Bucclen h. p!atexxiii bcott. Gruel, seal. 130. Scott-Kerr of Chatto \nd ^^unlaws. 30a Scott of Abbotsford, Sir Walter. 13a Scotts of Balwearie, arms, 302 30, Scotts of Bevelaw, arms, 288. Scott of Branksome, 159, 344, 303 Scott of Huccleuch. arms, ,03. 34J ,„ war-cry, 218. ^ Scott of (iaiashiels arms, 288. Scott of Harden, Sir William, 123. Scotts of Harden, arms, 288. Scott of itankilbiirn. Robert, seal. 30A Scott of Thirlstane. 151, 269, 283. a88 motto, 213, 254. royal tressure. 2(xj. Scott, Sir Walter, 4, 7. quoted, 39. 50, 210, ,i,7, Scottish motto. 222. Scropc of Bolton, Ricliard, Lord, arms. 309 Sctopc, le, William, crest-coronet. 197 Scrymgcour legend, ii. surname of, 365. Scrymgeour. Sir Alexander, the Ji Scrymgeour, Si' John. 22. Scrymgeour, Viscount Dudhope. armorial coronet. 200 Scrymgeour- Wedderbum. Lauderdale v. 8 Scrymgeour-Wedderburnarms, 3»7 ' " Seafield, I.arl of, arms, 380. Seaforth, Lord, Frandt. i«a. Seagrave arms, 259. Seal, counter-seal, knuckle iinpreM, twitted tags, plate vii. Se«l^ MBOfial. u reconia of practice. 102. • legal requisite, loj. authority of testimony, 102. bcwrowing of, 104. destiuvlion of, 108. . Sempill arms, 244, 274. 275. Seton sums, 24. ,,3. ,42, 24*. 277. 306. 307. annorial, 114, plate x . . church of, heraldry at, 248. creecents, 417. crests, 188. house of. besmt oa roof of SamHm's hall at, 300. war-cry. 217. Seton. Captain Robert, uovicc, 226 Seton, Ear of Dunferml.ne. coronet, 198. Seton, Earl of Winton, mottoes. 206. =«on, Ehsabeth, son of, 341 Seton, Katherine. wife of Sir Alan Stmrart 0/ Damley, 153. Seton, Lord Seton, first Eari of Winton Robert, arms. 152. ""••on, Seton, second or third Lord. Cieoree 188 Seton. third Lord. George, .^a. 2c^' ' ^* 5«onof Canston, 209, 299. 300. Seton of MeWrum, William, heir of, 34,. Seton of Seton. Sir AtaHUHler ijo ii,^ plate ii. "~™w.»4o.i6a.a66. Seton of Touch, supporters. 244. Seteii. Wnuam de. 247, plate xxxv. »J«o«r^Jane. tressure granted to. 273. Sh.««l«re quoted, 3. 217. 23a. ^ Shaw arms, 385. Shaw, James, 142. pUte X3dx Shaw of Bargarran. arms. 374. bhetiffs and fMockmatiaaa, 436. Shields, 13. 133. kite-shaped. 17, ensigned with coronets, 198. P'«M-qnartered, 172. sk"'"?^.*'*' P**** »«v. Shovel. Sir Ctoudesley. arms. 4,,. Shrewsbury Pursuivant. 31. Siberia, shield of, 232. Siebmacher s W»ppnbmk quoted, 308. S-gnet. gold, of Jom, Bewfart. i%. Stewart, Andrew, stal, t6t Stewart, Earl of Mar, Alesaiidar, aiBM. plate xxiii. ^ Stewart, Duke of Albany, Alexander 100. plate xxxiv. ' >tewart. Duke of Albany. Ifaidocb. i«a Stewart. Earl of Fife and Mentoitb, Date of Albany, Robert, 141, 193, ,96. aoa, aSt. crest, pUte xxxii. ' ^ Stewart, Earl of Athol, Walter, seal, 176, chapeau, 176, 200. crest-coronet, 198. »eal. 253. plate xxxiii. counter-seal, 225, plate xxjoji. Stewart Earl of Carrick, John, afterwards Robert III.. 140, 196, a4i, 244. crest, plate xxxii. Stewart, Earl °f Glenesk. 141 . Stirimg of Gienedi and EdwU, Sir JoLi 141. J"-™. Stirling of Gtorat. 272. Stirling, WUliam. seal, 239 Stirling. William, advocate, ,87 ISiSf- y"^"' Plate XXXV . S^tog.q»dliBgof,376. »oto-Lyje Lord of manor of, arms, 231. ^odart. R. R.. „3, 447. owwe, arms in, 110, 113, 124. Storie, Rev. John George. 124. Strachan of Thornton anns. ia8. Strathbogie, Jolm of , Earl oi AthoO Nal 238. SUathein (Stewart) aims. 147. atratDoa aima, 149. Str^-m. Earlof. Gilbert. ,7, ,34. .40. Stnttaan. Earia of, seals, 341 StmthMii Eari. David Stniart. 149. •HM. ptoto zni. JIT*?* ««>• Strathmosv. Earieof, anu, i** jm Stwwtllvwlw,,»4. •'^•'T^- Stmrt. I M d a w i t. wuond Dirim«i ' tmti -■ ^1 rmii.L MO — ■ StaartiMalsoatamrt Stuart^ downfal «m«ied in their ^mL.e. 226. Stubbs. case of. quoted, 407. ■ Sub-ordinaries,' 293. Subscription, 78, 105. Sucoaaaiaa to anns, 3,3. Sudeley, Lord, badge, 224. Summons to Govenior of ix>yal fertrest, 483 Supporters, 124. — "Moa admissible, 331. and compartments, 227. by favour, not right, M, 89. Kngland. 86. 88. pants of. 66, 85. 330. hereditary. 331. inanimate, 350. Ireland. 89. juris|>ort.,. ,4,. 330. Suttwtond, Euidom of. arms. 332. wrtherhnd. Eul of, John, granted tressure 270. Sutherland, J. R.. designer, 400. Sutherland of Duffus. AlexMider, i<6 17, Sutherland of Fores. 352. Sutherland Peerage Cm qaotod, 34a. Swinton anna. 263. ^ Swinton of Swinton. John, crest ( 1389), 191 Swn on o that ilk. John, crest ,475 9 Swmton of that ilk. John (,3,4) ,39, 9, Sydney, Sir Philip, 343. Sydserf of Ruchlaw bearings. 291. ^ymbolisni in herafcby, 9, ao. Tabards of Officers of Anns, 33. 34. 46, plate iii. ^' Tait, George, Interim Lyon Depute. 96. 317, ^ 3". 323. 326, 348, 446, 437 "^***'' Tallow Chandlers Compwiv of London iSa 203. 325- Templars, Knights, 143. igi. Tennyson, Lord, 6. Terms, heraldic, origin. 14. Testiimentary injunctions. 377. Tetlow of Haughton arms. 41a Teviot, Earl of, 60. Teviotdale arms, 266. a7o. 274. ' The,' prefix of. not Celtic. 3ai Thistle chapel. 53. 432. Thistle. Order of. 43, 33. 3,,. Thomson, Thomas, advocate. 100. Thopas, Sire, crest, 184. Thor Longus, 207. Thurlow, Lord. 434. Thynne, surname of, 372. Tincture marks, 143, 144. Tindal, Chief-Justice, quoted, 383, Tiraquean, 33. Titles of honour, successkm to, w. Title to arms, 35, 79. Tombstones, 113. Torphichen, James Sanditaadt. tatt Laid ■r^'^u- *35. 263, 300. Torphichen, James SMidflands. second Lord, 163. 233. Tofpkfchen. IVscqpton at. 2j%. S»3 Totemism. 14. Touraine Dukedom, arms. 171 Touraine, Duke of, ,7,. ,99. ,34. ***'earet. Onchiia erf. 135k plato Tournaments. 23. Trade and armorial baaitags. 8a. Trade and arms, 33. Tranent Church, 140. Transposition of quarten. 289. Traquair, Eari of, arms. 174, Travement. Thor of, 134. Treason, execution of letten