Page:Margaret Hamilton of Rockhall v Lord Lyon King of Arms.pdf/7

 The Office of Lord Lyon

[12] The Lord Lyon King of Arms is an Officer of State. It has been observed that in his armorial jurisdiction, "Lyon stands in the place of the King.": per Report by Lyon-Depute Boswell (1796), Lyon Office Records, cited by Sir Thomas Innes of Learney, Lord Lyon King of Arms in Scots Heraldry (2nd Ed, 1956) at page 7 ("Scots Heraldry"). Sir Thomas Innes of Learney is the undoubted modern authority on the history of the Office of Lord Lyon.

[13] The Lyon King of Arms Act 1867 (30 & 31 Vict C 17, "the 1867 Act") provides inter alia:

"1. The jurisdiction of the Lyon Court in Scotland shall be exercised by the Lyon King of Arms, who shall have the same rights, duties, powers, privileges and dignities as have heretofore belonged to the Lyon King of Arms in Scotland, except in so far as these are herein-after altered or regulated.

2. The Lyon King of Arms shall be bound to discharge the duties of his office personally...."

The defender emphasised that section 2, which provided that the duties of Lord Lyon were non-delegable but were to be exercised personally, underscored the personal discretion vested in the Lord Lyon.

[14] Earlier statutes of the old Scottish Parliament include: The Officers of Arms Act 1587 (c 46); The Lyon King of Arms Act 1592; the Lyon King of Arms Act 1669 (c 95) and The Lyon King of Arms Act 1672 (c 47) ("the 1672 Act"). By virtue of inter alia the 1672 Act, the Lord Lyon is expressly authorized to grant arms to "virtuous and well deserving persons" (a phrase repeated in para 5 of the Agreement). In Scots Heraldry, Sir Thomas Innes records the following elaboration of those words and persons who are

"in all places of honour and worshipe among other noble men to be renouned [ie reknowned] reputed taken and accepted by shewing certain ensigns and demonstrations of honour and noblesse" (spelling in original),