Page:Margaret Hamilton of Rockhall v Lord Lyon King of Arms.pdf/4

 submissions that her interest to bring these proceedings is based on the diminution in her drawings qua partner of the firm. (The defender challenges that contention as having no foundation in the pleadings.)

[5] Central to this action is the pursuer's contention that the Agreement was a contract of compromise which is binding on the defender, and that the Disputed Wording breaches the Agreement. I set out the terms of the Agreement in the next paragraph.

The Agreement

[6] The Agreement was in the following terms:


 * 1. The decisions by Lyon (Blair) in the Dr Lindberg and Mrs Hamilton Petitions will be quashed, under reservation of the competency issue. There will be no expenses due to or by.


 * 2. Dr Lindberg and Mrs Hamilton will abandon their current petitions to the Lord Lyon and submit new Petitions seeking (1) recognition respectively as Baroness of Lag and Baron of Delvine and (2) a grant of arms with, in respect of Dr Lindberg a helmet befitting his degree, namely the helmet assigned to barons as specified in Scots Heraldry, and in respect of Mrs Hamilton, the right of her heirs in the dignity of baron to bear and use such a helmet.


 * 3. Lyon accepts that Dr Lindberg falls within the jurisdiction, and exercising his discretion, as a person who will require to bear arms in Scotland arising out of his ownership of the dignity of the Barony of Delvine.


 * 4. In respect of future Petitions for Grants of Arms by other persons owning a dignity of baron which has been acquired post the appointed day, provided that the Lord Lyon determines that the dignity of baron exists, that the petitioner is a virtuous and well deserving person and determines to exercise his discretion in their favour to grant arms the Lord Lyon will, (i) if so required, officially recognise the petitioner as '' and (2) grant them ensigns armorial with a helmet befitting their degree, namely the helmet assigned to the barons.


 * 5. Where a petitioner has no connection with Scotland that otherwise brings the petitioner within the jurisdiction of the Lord Lyon, Lyon accepts that subject