On Acquiring Scottish Arms

by

Donald Draper Campbell

© 1984, 1986, 2001

Several years ago I petitioned the Lord Lyon King of Arms for a retrospective grant of arms for and in memory of my Scottish ancestor, John Campbell (b.c1775, Scotland; d. 1820's, Georgia) and for matriculation of those arms, if granted, to me with suitable differencing. The Lord Lyon has acted favorably on my petitions - retrospective arms have been granted to John Campbell and in turn those arms have been matriculated to me. I would like to share the knowledge I have gained in my effort to acquire arms with those who may be interested in acquiring arms.

The Law

The use of Armorial Bearings in Scotland is governed by Act of 1672 cap. 47 and 30 & 31 Vict. cap. 17, and it is the Lord Lyon King of Arms in Edinburgh who administers the law. Lyon's authority governing the use of arms is restricted to their use in Scotland alone. Even though you may not reside or plan to reside/visit Scotland, you may want to make use of Armorial Bearings depicting your Scottish heritage/lineage, and it is only proper and fitting that you should comply with the laws of Scotland regarding the use of Armorial Bearings.

In Scotland, there is no such thing as a "family crest" or "family coat of arms" which anyone can assume, or a whole family can use. Arms are as personal as a person's name. They are used to define and identify a person. They are a form of individual heritable property, devolving upon one person at a time by succession from the grantee or confirmee, and thus descend like a Peerage.

Eligibility

There are basically four methods by which you can establish your right to Scottish arms. First, you are the male senior descendant of someone to whom arms were granted (a grantee) and recorded in the Public Register of All Arms and Bearings in Scotland (Lyon Register). Since arms are heritable property, they pass automatically on the death of the original owner to the eldest son, then to his eldest son, and so on forever, without any need for further registration (matriculation) of the arms. Alternatively, if you are male senior descendant of a grantee who bore arms before 1672 but failed to register them in the Lyon Register, they must now be recorded in the Lyon Register before you can use them. [NB. To be the heir to an ancestor's arms, you must be of the "blood" (i.e., adopted children with no blood connection cannot inherit) and bear the same surname as the person to whom the arms were granted (the grantee).]

Second, you are a younger son, or belong to a younger branch, of a grantee, thus you inherit a right to apply for a "matriculation" of those ancestral Arms with a suitable mark of difference added appropriate to your place in the family. Provided you can prove direct descent in the male line from the grantee, you may apply whether a native Scot or not.

Third, if you cannot prove descent from a grantee as outlined in cases 1 and 2 above, but you are a native Scot (i.e., born in or legal resident of Scotland), you may petition the Lord Lyon King of Arms for Letters Patent granting arms to you which, if granted, would be recorded in the Lyon Register.

And finally, fourth, you cannot prove descent from a grantee, again as outlined in cases 1 and 2 above, but are not a native Scot, however you can prove descent through the male line of a native Scot, then you may petition the Lord Lyon for Letters Patent granting arms to and in memory of your Scottish ancestor. Once arms have been granted to your ancestor (who then becomes a grantee), those arms can be matriculated to you with suitable differencing as may be required as in case 2, above.

A Ladies' Arms

By courtesy, a daughter is entitled to a life-use of her father's undifferenced arms. Upon marriage, she has several options. She may continue to bear her father's undifferenced arms so long as she retains her father's surname alone (since as noted above, arms are inseparable from the surname in which they were originally granted); or she may impale them with her husbands arms (her husband's on the right, her father's on the left), or bear, by courtesy, her husband's undifferenced arms alone. In all cases a ladies' arms are displayed on a diamond shaped lozenge; however, she does not normally display the helmet, mantling, crest, motto, etc. She may wear the crest as a broach or badge. Today ladies can, and quite often do, apply for arms in their own right.

The Form of Petitions

There are there mainly three basic forms your petition can take: (1) a petition for a new grant of arms for yourself, (2) a petition for a grant of arms to an ancestor, and (3) a petition for a matriculation from existing registered arms of the senior branch of your family.

A New Grant of Arms: This procedure is used by the native Scot wishing to apply for a new grant of arms to himself. The petitioner should do so by submitting a formal petition to the Lord Lyon. The petition should set out the details of your ancestry as far back as you wish to be recorded on your Letters Patent (the illuminated parchment of the grant). All statements concerning your ancestry must be supported by proof/documentation. Your petition must prove to Lyon that you are eligible to receive a Scottish grant of arms.

A Grant of Arms to an Ancestor: This procedure is used for nationals of other countries who are of Scottish descent. Your petition must set out how you descend from the ancestor to whom you wish arms retrospectively granted, proving of course that your ancestor was a native Scot. All statements concerning your ancestry must be supported by proof/documentation.

Arms retrospectively granted to a Scottish ancestor will now have descended to the applicant if he is the senior male descendant, without further charge or need for re-registration. Descendants of younger sons inherit only a right to apply for a version of the ancestral arms with an added mark of difference appropriate to their place in the family.

A Matriculation From Existing Arms: Arms are heritable property, and on the original owner's (i.e., the grantee's) death they descend to his eldest son, and in turn to his eldest son, and so on forever, without any need for further registration or incurring any additional cost. A younger brother may inherit his father's undifferenced Arms if the elder brother dies first and leaves no heirs of his own. (NB. If this is the case, the "younger" son must rematriculate in order to establish his right to succession and make it indefeasible against any competing claimant.) Otherwise younger sons and their descendants inherit only a right to apply for "matriculation" of their ancestral arms with a small mark of difference added, appropriate to their place in the family.

As a descendant of a younger son you should submit a formal Petition to the Lord Lyon setting out your descent from the grantee ancestor and ask that his arms to be "matriculated" in your own name with a suitable mark of difference. Again all statements must be supported by proof/documentation.

The Cost

First, there is the basic expense of researching your family's history and lineage, then there is the cost of acquiring photocopies of documents which must be submitted to support your petition, and finally there are the fees due the Lyon Court.

The Lyon Court fees can range anywhere from Ł401.00 for a simple matriculation without supporters but with a crest, to Ł 1,800.00 for a new grant of arms with supporters and crest. Generally speaking, supporters are only granted to Peers, Clan Chiefs, etc. In the case where application is being made for a grant of arms (without supporters) to an ancestor (a retrospective grant), the cost is Ł1,285.00. In this case it is suggested that family members group together to share the cost of a retrospective grant, since thereafter, all family members are entitled to matriculate cadet arms, which is less expensive, i.e., Ł 401.00.⁽¹⁾

It should be noted that no fees are due until all the details of the Arms and draft text for the Letters Patent have been agreed to with the Petitioner and a note that the fees are due is sent to the Petitioner. At any point up till then the petition may be withdrawn without incurring any costwhatever.

Upon completion of the grant or matriculation process, you will receive a deed from the Crown through H.M. Lord Lyon King of Arms conveying the Arms to you. The document you receive is a beautifully illuminated parchment with a full color painting of your arms and handwritten outline of your descent.

My Experiences in Petitioning For a Grant of Arms

I began researching the origins of my family in about 1970 with the intent of writing the definitive family history. I found that some research had been carried out in the 1920's; however, most had been lost to several hurricanes in the late 1920's and early 1930's. I was, however, able to locate a considerable wealth of information on the origins of the family over the next six years. It was also during this period that I acquired an interest and involvement in Clan Campbell and some insight to Scottish heraldic matters. The result was setting my sights on determining if I had an ancestor who was an armiger, hoping, of course, that I would find one so that I could acquire a coat of arms for myself.

By about 1976 I had traced my family's pedigree back seven generations to a John Campbell (b. c1775, Scotland; d. 1820's, Georgia) who, with his future bride Mary Nicholson, immigrated to the Carolinas from the Highlands of Scotland following the American Revolutionary War and finally settled in Appling County, Georgia in the late 1810's. Their only two sons, John (jr) and Neill, and wives, moved south to Florida in the early 1820's, settling finally in Madison County in about 1833. I was, however, unable to determine the exact date and place of John Campbell's birth, or the names of his parents, and whether or not he was an armiger or entitled to arms. However, I found reference in a published history of south Georgia families that an Alexander Campbell, of Brooks County, Georgia, (b. 1777, Isle of Skye, d. 1875, Georgia) was the brother/relation of a John Campbell, of Appling County, Georgia. I was also given leads on several documents which would provide me with the exact date and place of this ancestor's birth, as well as substantiate the relationship between John and Alexander Campbell.

So in January 1977 based on my findings, I petitioned the Lord Lyon for a retrospective grant of arms for and in memory of my Scottish ancestor John Campbell and matriculation of those arms, if granted, to me. Since I was asking for a grant of new arms for John Campbell, I suggested the appropriate differencing for this cadet branch of Clan Campbell might be the addition of a Glossy Ibis to indicate that this cadet branch was located in south Georgia and Florida, since the habitat of the bird is in that area. I also suggested that the motto should be "In Harmony," since that was the name of the community where the family resided in Madison County, Florida.

I had a basic understanding of the petitioning process and what I thought was required in the way of proofs and the approach I should take in my case. In my cover letter I indicated that I had several leads on the exact date and place of birth of John Campbell and that information would be forthcoming. I ran down numerous leads over the next few years and came up with nothing. As time went on I came to the conclusion that documentation which would provide the exact date and place of this ancestor's birth and parentage did not exist. I felt that without this information, my petitions were dead in the water and that I should withdraw them. However, I decided that since I would be in Scotland for the International Clan Campbell Gathering in July 1983, I should first try to meet with the Lord Lyon to discuss my petitions before withdrawing them.

My meeting with the Lord Lyon⁽²⁾ proved to be most beneficial, for we discussed the doctrine of family tradition and history. One has to remember that early Scottish history was an oral history which was later put to paper and that in many cases exact locations and dates of events are unknown but they are accepted as tradition. I had read about the doctrine of family history and tradition, but was unaware of its applicability to my case. This doctrine became the keystone to the granting of my petitions.

In researching the origins of my family, I had located several "documents" which substantiated the premise that John Campbell and his future wife were born in Scotland in the 1770's, came to America following the American Revolutionary War and had two sons, John (jr) and Neill. These facts had been put to paper between about 1900 and 1930 when then third generation members of the family were still alive. These documents provided sufficient proof that John Campbell was in fact a native Scot and, therefore, the Lord Lyon was able to retrospectively grant arms to him. My Armorial Bearings

My "coat of arms," technically called an "Achievement," consist of the following elements: a shield, helmet, mantling, wreath, crest and motto.

The Shield: The Shield is the foundation of all arms, and without it nothing else can exist.

The Helmet: Specific forms have been assigned to the following ranks: Royal, Peers, Knights and Baronets, Feudal Barons, Esquires and Gentlemen. Today the distinction between helmet of an Esquire and a Gentleman has been dropped. My helmet is of this latter category.

The Mantling: The mantling is the cloth cape, suspended from the top of the helmet and hanging down the wearer's back to shield him from the heat of the sun. Specific forms of coloring have been assigned: Peers and certain of the Officers of State: outside - crimson, lining - ermine; and All other since 9 July 1891: outside -- principal "color" of arms; lining -- principal metal [i.e., the Livery Colors, which in my case are Sable (black) and Or (gold)].

The Wreath: Between the crest and the helmet usually appears a Wreath of twisted cloth of the Mantling showing alternate twists of the owner's Livery Colors, on which the Crest stands.

The Crest: Crests developed both from the plume and from the fan-shaped ridge along the top of some helmets which was designed to temper a blow. The ridging came to be cut either in the form of an animal or other object, or in a fan-shaped design, upon which the arms or a part of them was painted.

My Scottish ancestor, John Campbell, has been respectively granted the following arms: "Gyronny of eight Or and Sable, the first charged with four ibises' heads erased of the Second. Above the shield is placed an Helm befitting his degree with a Mantling Sable doubled Or and on a Wreath of the Liveries is set for Crest an ibis Sable, and in a Escrol over the same this Motto 'IN HARMONY'." (Lyon Register, Volume 65, page 88.)

Based on that grant, the following arms have been matriculated to me: "Gyronny of eight Or and Sable, the first charged with four ibises' heads erased of the Second, within a bordure Azure. Above the shield is placed an Helm befitting his degree with a Mantling Sable doubled Or and on a Wreath of the Liveries is set for Crest an ibis Sable, and in a Escrol over the same this Motto 'IN HARMONY'; which Ensigns Armorial are to be borne by Petitioner during the lifetime of his father and grandfather debruised of a five point label Azure and following the death of either a three point label Azure." (Lyon Register, Volume 65, page 89.)

The difference between arms granted to John Campbell and the arms matriculated to me is the addition of a border and a label. As a younger son of a person to whom arms were granted, I inherited, not a right to those arms, but a right to obtain a rematriculation of those arms with such difference as the Lord Lyon considers suitable. The basic differencing scheme used in Scottish heraldry employs the use of borders. In my case, I have an azure (blue) border indicating that I descend from the fourth stem of the "family tree" of which there are living male heirs. At the time of the matriculation, both my grandfather, Alonzo McKenzie Campbell, and my father, George Willard Campbell, were living, thus my arms displayed a five-point label. Following the death of my grandfather Alonzo McKenzie Campbell in January 1985, I replaced the five-point label with a three-point label as illustrated below.

Conclusion

The subject of the granting and matriculating of arms as well as how one might display and use arms is quite extensive and cannot be properly covered in a short article. The best source of information on the science of Scottish heraldry can be found in a book written by the current Lord Lyon's father, Sir Thomas Innes of Learney. The Lyon Court has published several information leaflets which are most helpful in describing the current format your petition should take, use of heraldic flags, and use of heraldic badges, etc. Copies of these information leaflets are available directly from The Court of the Lord Lyon.

Acknowledgements

This article would not have been possible without the help and guidance of the late Don Pottinger, MVO, Lyon Clerk, Edinburgh; Alastair Campbell, Yrg of Airds, Taynuilt, Scotland; and Diarmid Alexander Campbell, Esq, Denver, CO.

The author may be contacted at: 4031 Ellicott Street; Alexandria, VA 22304-1011; Telephone (703) 931-5989.

The Lyon Clerk, Mrs. Elizabeth A. Roads, may be contacted at: The Court of the Lord Lyon, H.M. New Register House, Edinburgh EH1 3YT, Scotland; Telephone (031) 556-7255.

References

Sir Thomas Innes of Learney, KCVO, Scots Heraldry, 2nd edition, Edinburgh: Oliver and Boyd, 1956.

Sir Iain Moncreiffe, Bt, CVO, QC, PhD, Albany Herald and Don Pottinger, MVO, MA, DA, Simple Heraldry, Edinburgh: John Bartholomew & Son Ltd.

The Court of the Lord Lyon, Scottish Crest Badges, Information Leaflet 2.

The Court of the Lord Lyon, Scottish Heraldic Flags, Information Leaflet 3.

The Court of the Lord Lyon, Petitions for Arms, Information Leaflet 4.

The Court of the Lord Lyon, Differencing, Information Leaflet 6.

Arms of

Donald Draper Campbell

of Alexandria, Virginia, USA

[write for illustration]

NOTE: This article was originally published in the Journal of The Clan Campbell Society (United States of America), Vol. 11, Summer 1984, Number 3 and is reprinted with permission of the author. All copyrights reserved by the author. No portion of this article may be reproduced in any fashion without the expressed permission of the author.

Per "Scale of Fees" dated 1 April 2000.

Sir Malcom Innes of Edingight, KCVO, who retired as Lord Lyon on 1 January 2001.