Scotlands Clan Chiefs – Residency Requirements

 

Ancient and Honorable Carruthers Clan Society

-Promptus et Fidelis-          Since 1983

 

Petitioning for a Coat of Arms

A person who wishes to use Arms must petition for a Grant of  Arms must reside in Scotland. If they can trace their ancestry back to an ancestor with the same name who had a grant of Arms in Scotland,– for a “matriculation” showing their place within the family. When a grant or matriculation is obtained, an illuminated parchment, narrating the pedigree as proved, is supplied to the Petitioner, and a recording is placed in the Public Register of All Arms and Bearings in Scotland.

Letters Patent & Extracts of Matriculation

Apart from the requirement that the petitioner should be, in terms of the Lyon King of Arms Act 1672, a “virtuous and well- deserving person”, in general the governing factor in the case of an original Grant of Arms is the domicile of the petitioner or the ownership of property in Scotland. Does the petitioner have a Scottish domicile of origin? If not, has he acquired a Scottish domicile of choice? In cases where the petitioner’s claim to fall within the jurisdiction of the Lord Lyon rests on the ownership of property the key question is whether the petitioner is able to reside on the land. A dwelling house of whatever size presents no problem, but the ownership of forestry land or “amenity” land on which there is no house and for which planning permission for a house would not be obtainable would not necessarily be sufficient to bring the owner into the Lord Lyon’s jurisdiction. The ownership of “souvenir” plots of land of a few square feet or thereby such as are marketed from time to time, is insufficient to bring anyone within the jurisdiction of the Lord Lyon King of Arm.

Where the petitioner is seeking to matriculate off a previous Grant of Arms he or she will have to prove his relationship to the original grantee and show that he comes within the destination of the original Grant of Arms. It does not matter where she or he is domiciled.

Those domiciled in England, Wales or Northern Ireland should approach the College of Arms in London, while those domiciled in the Republic of Ireland should approach the Chief Herald of Ireland in Dublin. Commonwealth citizens, in particular those of Scottish descent – save for Canada and South Africa which have their own heraldic authorities – can apply to the Lord Lyon King of Arms. Foreign Countries. It is not generally possible for non-British citizens to be granted Scottish Arms. It is sometimes possible for a cousin who is domiciled in Scotland to seek a Grant of Arms with a destination which includes the other descendants of a common ancestor, provided that ancestor had also been domiciled in Scotland. There are certain specific instances where Arms may be granted posthumously in the name of a non-British citizen

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 s/he is and asking for Arms to be granted to her/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.

This information can be verified on the Lord Lyons official webpage

 

 

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Promptus et Fidelis- Since 1983

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