Armorial Bearings, Crest Badge, and Acquisition of Grants and Matriculations of Arms

Armorial Bearings

Armorial bearings, being for distinguishing persons of, and within, a family, cannot descend to, or be used by, persons who are not members of the family. The surname indicates the family to which a family belongs. A person named Macdonald cannot bear a Ross coat of arms, or any part of it.

The Chief's coat of arms fulfils within the clan or family the same purpose as the Royal Arms do in a Kingdom. There is no such thing as a "family crest" or "family coat of arms" which anyone can assume, or a whole family can use.

Armorial bearings, of which the Crest is a subsidiary part, are a form of individual heritage property, devolving upon one person at a time by succession from the grantee or confirmee, and thus descend like a Peerage. They indicate the Chief of the Family or Clan, or the Head of each subsidiary line or household descending from members who have themselves established in the Public Register of All Arms and Bearings in Scotland a right to a subsidiary version of the arms and crest, containing a mark of difference indicating their position in the Family or Clan. This is not a "new" coat of arms, it is the ancient ancestral arms with a mark of cadency, usefully showing the cadet's place within the family. It identifies where you, and your own heirs, belong within the family. It is, as well as being beautiful, a valuable system of identification.

The parts of the armorial bearings consist of:

The Shield, bearing the basic device

The Helmet, with its Crest, which sits on top of the helmet

The Motto in a scroll

The Mantling or cape, which kept the sun off the wearer's armor in hot weather

Very rarely, two Supporters on either side of the shield, which are external attributes of the arms of Peers, Chiefs and a very few other persons of special importance, including Knights Grand Cross of Orders.

It is illegal to assume and purport to use your Chief's arms without a due and congruent recorded difference. Anyone who does so merely publishes their own ignorance.

There is no such thing as a "Clan coat of arms". The arms are those of the Chief, and clansmen have only the privilege of wearing the strap-and-buckle crested badge to show they are such Chief's clansmen.

One cannot have a crest without first having a shield of arms, because the crest was a later addition. Misuse of crests arises from misunderstanding of the badge rule under which junior members of the family may wear in specified manner their Chief's crest as badge.

Crest Badge

The Crest of the Chief is worn by all members of the Clan and of approved Septs and followers of the Clan, within a strap and buckle surround bearing the Chief's motto. This is for personal wear only, to indicate that the wearer is a member of the Clan whose Chief's crest-badge is being worn. The badge or crest is not depicted on personal or business stationery, signet rings or plate, because such use would legally import that the tea-pot, etc., was the Chief's property!

Acquisition of Grants and Matriculations of Arms

Those who wish to use arms in any particular sense must petition for a Grant of Arms or -- if they can trace their ancestry back to a direct or, in some cases collateral, ancestor -- a "cadet matriculation" showing their place with the family. Forms of Petition and sample proof-sheets relative to such application can be supplied if required.

When a grant, or matriculation, of arms is successfully obtained, an illuminated parchment, narrating the pedigree as proved, is supplied to the Petitioner, and a duplicate is recorded in the Public Register of All Arms and Bearings in Scotland and/or the Public Register of Genealogies and Birthbrieves.

Application for such a Confirmation, by Letters Patent or Matriculation, from the Lord Lyon King of Arms is the only way to obtain a genuine coat of arms.

Tartans

People normally wear only the tartan (if any) of their surname, or a "district tartan" connected with their residence or family's place of origin.

Scottish Heraldry

All heraldry in Scotland is controlled by the Court of the Lord Lyon King of Arms, commonly known as the Lyon Court, located at New Register House in Edinburgh. Review Scottish Heraldy for an excellent overview of Scottish Heraldry including information about researching or obtaining a heraldic display.

The History of Arms

The origin of the Coat of Arms was a jacket or tabard worn by a mediaeval Knight over his armour in order to identify himself. Nowadays the expression "Coat of Arms" is generally applied to what is officially called an "Achievement", which consists of various parts: a shield, helmet, mantling, wreath, crest, motto and sometimes supporters and decorations.

There is a widespread misconception that a family or a clan can have a family or clan Coat of Arms. Many heraldic and clan web sites and other media suggest that a person has the right to use the family or clan Arms. This is completely incorrect.

A Coat of Arms belongs only to one individual person and can only be used by that person and no one else. In order for a person to be able to use a Coat of Arms it is necessary for that individual person to apply for a personal Coat of Arms to be granted to him or her

What is permitted is for a member of a clan to use the clan crest. Usually what is referred to as the clan Coat of Arms is in fact the personal Arms of the chief of the clan which can only be used by the chief.

Applying for a Coat of Arms

Any person who wishes to use Arms must petition for a Grant of Arms or -if they can trace their ancestry back to an ancestor who had a grant of Arms -a "matriculation" showing their place within the family. When a grant, or matriculation, of Arms is obtained, an illuminated parchment, narrating the pedigree as proved, is supplied to the Petitioner, and a duplicate is recorded in the Public Register of All Arms and Bearings in Scotland.

UK and British Commonwealth. Anyone domiciled in the United Kingdom or in Her Majesty's overseas realms or in the Commonwealth (except those of English, Welsh or Irish ancestry, who should approach the College of Arms in London or the Chief Herald of Ireland in Dublin) can apply to the Lord Lyon King of Arms of Scotland for a grant or matriculation of Arms.

Foreign Countries. Arms are not generally granted to non-British citizens (though those of Scottish ancestry can apply to the Lord Lyon King of Arms for cadet matriculations, as above described). Foreigners of Scottish descent can sometimes arrange for a cousin in Scotland, or in one of Her Majesty's overseas realms, to receive Arms from the Lord Lyon King of Arms, and thereafter themselves to obtain a cadet matriculation.

Petitions

The Court of the Lord Lyon is a court of law, and applications for Arms are made by a formal "Petition". This is done on the initiative of the person wishing to obtain Arms, who submits a Petition to the Lord Lyon stating who he is and asking for Arms to be granted to him. The process is not complicated. There are four main varieties of Petition:

Petition for a new Grant of Arms
Petition for a Grant of Arms to an Ancestor
Petition for a Matriculation of Arms
Petition for a Grant of Arms to a Company.

Advice on any special difficulties or matters not covered can be obtained by writing to the Lyon Clerk at the Court of the Lord Lyon, HM New Register House, Edinburgh, EHl 3YT, and to whom all completed Petitions should be sent. All such correspondence is 'CONFIDENTIAL '.

There is a queue of Petitions waiting to be considered. Petitions are considered in the order in which they are lodged. It takes between 4-6 months for a Petition to reach the front of the queue. The Petition then comes before the Lord Lyon who normally communicates with the Petitioner, or his Agent, by letter to discuss any points which arise and, if the Lord Lyon is willing to grant the Petition, to discuss the design of the Arms.

Petitioners are welcome to submit a suggested design along with the Petition, or to suggest ideas that they would like the Lord Lyon to consider within the design. However there is absolutely no need to do this and a great many Petitioners do not do so.

The Lord Lyon designs the Arms which are to be granted. In doing so he takes into account the many rules and traditions of Scottish heraldry and he ensures that each design is unique. So far as possible he tries to meet the wishes of the Petitioner, but it should be understood that there is no certainty that the Lord Lyon will be able to adopt all or even parts of any design which is submitted. In arriving at a design the Lord Lyon endeavours to ensure that the Petitioner is happy with the final result.

Once the design has been agreed, the Lord Lyon composes the verbal description of the Arms known as the “blazon” and grants a warrant authorising Letters Patent to be prepared.

The Petition then goes to the Lyon Clerk who drafts the text of the Letters Patent and sends this to the Petitioner for approval. The Petitioner will also be asked if additional decoration or artwork, for which an additional charge will be made, is desired. Payment is then made.

The Lyon Clerk then arranges for one of the Lyon Court artists to prepare the Letters Patent on vellum, and a copy is also prepared to be retained in the Register of Arms maintained in the Court of the Lord Lyon. When the completed document is ready it is sealed and signed by the Lord Lyon and then handed over to the Petitioner to keep.

A similar process is followed in the case of a Petition for a Matriculation from an existing grant of Arms.

The whole process generally takes between 10 and 12 months from the date of lodging of the Petition.

Once Arms have been granted and recorded in the Public Register of All Arms and Bearings in Scotland, they are protected under the law of Scotland. Any infringement of a person's armorial rights in Scotland may be drawn to the attention of the Procurator Fiscal to the Court of the Lord Lyon, who may mount any necessary prosecution of the offender.

In return for this permanent legal protection and for the maintenance of the permanent registration of Arms in the Court of the Lord Lyon a fee is charged to the Petitioner. The fee is made up of Government dues, Herald Painter's fees and costs of materials in preparing the Petitioner's Letters Patent. This is his title deed to the Arms, written in a formal script on vellum, illustrating his Arms in full colour, and sealed with the Seal of the Lord Lyon King of Arms. The fees are fixed by Statute, and rise from time to time.

All statements made in Petitions must be accompanied by legal proof, usually Certificates of Birth and Marriage for statements of parentage and ancestry. It is the Petitioner's responsibility to provide this proof. Petitioners may employ their own genealogists to provide the proof.

Petitioners requiring assistance in preparing the Petition may write to the Lyon Clerk at the Court of the Lord Lyon stating their requirements and objectives. Copies of specimens of the various types of Petition are available on request.

The following fees, fixed by Parliament, apply from April 2004:

New Grant of shield alone, with or without motto Ł869
New Grant of shield and crest, with or without motto Ł1,322
New Grant of shield, crest, motto and supporters Ł1,854
Matriculation of previous Grant of shield and crest Ł446
Matriculation of previous Grant including supporters Ł702
Matriculation of previous Grant, with new supporters Ł983