A Petition for arms with Baronial Additaments (Scotland)

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A Petition for arms with Baronial Additaments (Scotland)

Post by Martin Goldstraw » Fri May 05, 2006 11:04 am

Readers of this forum may be interested to learn of the latest development in what is turning out to be quite a saga in Scotland's heraldic laws. I quote below from a post made this morning on the forum of the Heraldry Society of Scotland:
Friends,

Those of you that are interested in baronial matters and the Lyon Court might like to go to http://www.armorial-register.com and look for 'What's New' and follow the links.

Brian G. Hamilton.
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Guye Pennington
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Lord Lyon

Post by Guye Pennington » Mon May 08, 2006 1:45 pm

After all this time -- I can't believe there isn't more clarification or justification for the decision. To just take away the baronial additaments without explanation seems a most unsatisfactory and rather arbitrary choice.

This begs the question -- is the Lord Lyons appointed for life? If not, will his term end soon?

I would think this decision would tend to damage the marketability of formerly feudal baronies, which I thought was against the principle of the 2000 Act... could the formerly feudal barons sue the Lord Lyon/Crown for damages?

Many thanks for sharing the news!
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Post by Martin Goldstraw » Fri May 12, 2006 2:37 pm

It is difficult to see how Lyon can do anything other than grant baronial additaments in light of the intention of Parliament when the act was not only drafted but actually passed. See the Scottish Law Commission report on the abolition of the feudal system (Scot Law com number 168) explanatory notes to section 57 of the draft bill (which is now section 63 of the act as passed)
Subsection (4) makes it clear that "conveyancing privilege" covers, for example, the special rule relating to prescription to salmon fishings and that the reference to "dignity" includes matters of heraldry and precedence incidental to a dignity, such as the addition of certain special baronial features to a coat of arms
The section was accepted in whole without alteration and later became section 63 of the act: see note 200

( http://www.opsi.gov.uk/legislation/scot ... en05-a.htm )
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Post by J Duncan of Sketraw » Fri May 12, 2006 4:31 pm

'Good Grief'...why has no one stumbled on this before, hidden away in the Act. Surly Lord Lyon was unaware of this?

It should bring a lot of relief to Barons and their heirs, but what will Lyon do next after his stance on the matter?
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Post by Martin Goldstraw » Tue May 16, 2006 7:08 pm

The Baroness of Lag has forwarded the ruling made by Lyon (received by Counsel for the Petitioner on the 15th May 2006) to the Armorial Register with permission to publish. The Armorial Register has now produced a follow up newsletter to the Special Edition entitled "A Petition for Arms with Baronial Additaments" published on the 5th May 2006 (this Extra Newsletter should be read in conjunction with it). The Extra Edition provides the complete and unedited ruling by The Lord Lyon which was received by Counsel for the Petitioner on the 15th May 2006.

The Petitioner is to appeal the ruling.

http://www.armorial-register.com/monthl ... tra-06.pdf
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Post by J Duncan of Sketraw » Wed May 17, 2006 1:20 am

I think the stumbling block by what I read here is the recognition of Barons in the future. Lyon is saying here, he has no way of checking the validity of Barons in the future now that there will be no record of them in the register of sasines (Scottish Land Register) and he seems reluctant to except any sort of private registrations for Barons.
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