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A70582 The science of herauldry, treated as a part of the civil law, and law of nations wherein reasons are given for its principles, and etymologies for its harder terms. Mackenzie, George, Sir, 1636-1691. 1680 (1680) Wing M204; ESTC R21727 101,290 109

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I cannot here forget to inform that of old Our Acts of Parl. had oftentimes the Kings great seal appended to them Upon the right hand were appended all the seals of the Ecclesiasticks and upon the left all the seals of the Nobility with which the whole Act was surrounded Of these I have seen many and particularly a ratification granted by King Iames 4. to Hepburn Earl of Bothwel upon the forfeiture of the Ramsay Anno 1480. Which bears In quorum omnium fidem ac corroborationem laudationem earundem praefatus supremus Dominus noster Rex regni status per se singulariter requisiti sua sigilla quorum nomina sigilla representant praesentibus appendi jusserunt I conceive that Seals may very well represent not only the bearing it self but the colours which I first order'd to be practised for the Seal may be varried in its cut as the other figures of this Book are which may be very useful seing many mens Arms differ only in the colours CHAP. II. Who can give or bear ARMS OF old Emperours or Senats only gave Arms Laz. lib. 9. cap. 17. But thereafter they did choose an old expert Warriour on whom they bestowed the power of rewarding with Coats of Arms such as had deserved well and these were called Foeciales by the Romans but now are called Heraldi or Herawldi For Heer signifies an Army and alt an Elder Senes in armis or from heer an Army and Alda which in the Hungarian tongue signifies a common servant Hopping cap. 6. part 9. The ehief of that Society is called Lyon King of or at Arms with us Rex armorum in Latine Which name he bears from the Lyon which is the Royal charge with us and Konning Van Wappen by the Germans Ibid. Garter in England and Montjoy St. Denis in France and His Patent in Scotland runs thus CAROLUS Dei gratia c. tenoreque praesentium facimus creamus constituimus ordinamus memoratum Carolum Aereskin Leonem nostrum Foecialem Regem armorum c. Dedimus imposuimus tenoreque praesentium damus imponimus ei nomen Leonis nostri Foecialis Regis armorum Una cum stilo titulo c. ac per praesentes ordinamus eum in dicto officio actualiter investiri secundum praxin coronari c. similiter munimus pranominatum CAE tanquam Leonem Regem armorum plenâ potestate libertate licentiâ authoritate personis virtute praeditis de nobis benè meritis diplomata armorum secundum ordinem constitutiones eatenus praescriptas concedendi But though this power be bestowed upon Heralds yet Princes have not so denuded themselves of it but that they may and do ordinarily grant Coats of Arms And thus when Noble-men get their honours by Patent with us there is either a command given therein to the Lyon King at Arms to grant Arms Crest Crown and Supporters or else they are specified in the Patent And it is a rule in the Heraldry of all Nations and in use with us that no part of the Royal bearing can be bestowed by the Lyon without a special order from the Prince Colomb cap. des brisurs pag. 74. and this may reprehend the error of some of our Heralds who have given the Tressure-flori Conter-flori to private persons without a warrand The Lyon in Scotland did formerly direct his Patents thus TO all and singular to whose knowledge these presents shall come Iames Balfour of Kinnaird Knight Lyon King of Arms through the whole Kingdom of Scotland and Islands thereto adjacent sendeth his due commendations and greeting Know you That Sir Iames Galloway Knight Master of Requests to Our dread Soveraign CHARLES King of Scotland England France and Ireland Defender of the Faith c. One of His Majesties most Honourable Privy Council in this Kingdom hath requested me by vertue of my Office to give and assign unto this his ancient Coat-armour being arg a Lyon rampant azure langued and arm'd Gules a Crest with Escrol and Motto which he may bear without wrong doing to others To whose reasonable request I have condescended and for Crest does assign him to bear above his Helmet upon an wreath arg and Azure A mound Bespread with the rayes of the Sun proper embrac'd betwixt two Corn ears Saltoir wayes Or and above all in an Escrol this motto Higher as here in the margent adjected is to be seen All which Arms Crest Escrol and Motto I the said Lyon King of Arms doth by these presents ratifie confirm give grant and assign unto the said Sir Iames Galloway Knight and to his posterity for ever to use bear and show forth the famine in Signet Shield Coat-armour Ensign or otherwise at all times and in all places at his and their free liberty and pleasure In witnesse whereof I have to thir presents affixt my hand and seal of Office at Holy-rood-house the nineteenth day of December in the sixth year of the Reign of our Soveraign Lord King Charles and of our Redemption 1631. Iames Balfour Lyon The Concessions by the Lyon do now run thus TO all and sundry whom it effeirs I Sir Charles Areskine of Cambo Knight and Baronet Lyon King of Arms Considering That by several Acts of Parliament as well of Our dread Soveraign Lord CHARLES the Second By the Grace of God King of Scotland England France and Ireland Defender of the Faith as of His Majesties Royal Predecessors especially by the twenty one Act of the third Session of this Current Parliament I am impowered to visit the whole Arms and Bearings within this Kingdom and to distinguish them and matriculate the same in my Books and Registers and to give Extracts of all Arms expressing the Blazoning thereof under my hand and seal of Office And which Register is by the fore-cited Act ordained to be respected as the true and unrepealable Rule of all Arms and Bearings in Scotland to remain with the Lyons Office as a publick Register of the Kingdom Therefore conform to the power given to me by His Sacred Majesty and according to the tenors of the said Acts of Parliament I testifie and make known that the Arms of old belonging to the Royal Burgh of Aberdeen and now confirm'd by me are matriculate in my said publick Rigister upon the day and date of thir presents And are thus blazoned viz. The said Royal Burgh of Aberdeen Gives for Ensigns Armorial Gules three Towers triple towered within a double Tressure Counterflowred Argent Supported by two Leopards propper The Motto in an Escrol above Bon-Accord the Word Bon-Accord was given them by King Robert Bruce for killing all the English in one night in their Town their word being that night Bon-Accord And upon the Reverse of the Seal of the said Burgh is insculped in a Field Azure a Temple Argent Saint Michael standing in the Porch mitered and vested propper with his Dexter hand lifted up to Heaven praying over three Children in a boyling Caldron
notis certis perhibent insignia gentis And Wood of Largo two Ships to show that his Predecessours were Admirals Thus Burnet carries a Hunting-horn in his shield and a High-lander in a hunting garb and Grew-hounds for his supporters to show that he was His Majesties Forrester in that northern Forrest as Forrester of that ilk is in the South for which he also carries three Hunting horns The Earle of Holdernesse Ramsay carried a sword Pale-wayes to show that he and his Successours had right to carry the Sword of State the day of Gowries Conspiracy as a reward for killing Gowrie 10. These shew ofttimes to the Bearers to whom they have been oblidged Thus the Dundasses bear for their Supporters the Lyon which was the Arms of the Earls of March to show their Support they got from that Nobleman and they show the intimacy and friendship of the Giver Thus King Robert the Bruce having carried as a privat Badge three Lawrel leaves with this word Sub Sole sub Vmbra virens He gave to Irvin Drum's Predecessour who had been constantly His Armour-bearer the three Hollen leaves which is a kind of Lawrell 11. These shew the Bearers Antiquity and thus Macdowal for though Macdougal may be Macdonald yet Macdowal is not is known to be amongst the ancientest Sirnames of Scotland because he bears a Lyon collard with a broken Crown about his neck in remembrance of Dovallus his Predecessours as is alledg'd killing Nothatus who was a Tyrant and who liv'd many years before Christ which if true are the ancientest Arms I ever saw belonging to any private Family in Europe 12. These let us know if the Bearers be Noblemen or Gentlemen and what their Dignity is as will appear by several Casques and Crowns 13. The Shield and ofttimes the Signet made the Bearers who were kill'd in the crowd to be known that they might be honourably buried 14. They being appended inform us of the true Sirnames of the Granters which are become illegible and thus by the Seals I have found some Charters to be granted by Menzies of Weems when we could hardly read the Name and I have been in Processes wherein Charters were alledg'd to be false and forg'd because the Granters true Arms and Seal were not appended 15. By these Arms we are instructed of the right Originations and writings of Sirnames And thus we know the name of Tarbet to be wrong writ and that it should be writ Turbett seing they have three Turbetts fretted proper for their Arms. And thus we find that Buchannan erred calling the Winrams Viniramus which gave occasion to some of that name lately to take a Vine branch for their Arms for the old Arms is a Ram passant and were given the first of that name for being incomparable at a Game wherein men were to wind and turn a strong Ram from the sheep with one hand whereupon he was also called Winramme Thus the Trumbles are Turnbulls to their names and Boëtius sayes That they were so called because the first of that name did turn and divert a mad Bull from killing King Robert the Bruce Of which Antiquities and Games there is no Record but Heraldry 16. These Arms show who have been Founders of Towns Castles or Churches Thus the Church of Durham is known to be built by the Kings of Scotland and the Town of Erfort is known to be built by the French King because it bears their Arms Dresser pag. 227. 17. These inferr a presumptive right of Superiority Quando Arma in Portis vel Curiis pinguntur Bart. tract de insig And thus when the Millaners did ingage to be Vassals to the Emperor Fredrick the first they undertook to carry the Arms of the Empire upon the Steeple of their chief Church Limn dejure publ cap. 6. num 126. And when Orknay and Zetland were fully resign'd to the Kings of Scotland it was agreed that the Arms of Scotland should be affixt in their publick Courts And thus the Dukes of Venice are known not to have an absolute Jurisdiction because they are not allowed to represent the Arms of their Family upon the Coin of the publick Alberi ad l. Si qui C. de oper publ And one of their Dukes was severely censur'd by the State for having contraveened this rule in Heraldry Tessaur decis 270. Arms do presume Propriety in moveables especially to which men have only right by Possession and not by Writ Hopping cap. 13. And this is an ordinary Presumption in all Judicatures Nam sicut ex signis signatum ita ex insigniis Domini rerum cognoscuntur Tusk tom 1. conclus 516. 18. These Arms are also most necessar for signing Articles of peace amongst Princes and Contracts and other Writs amongst private persons and by them also Knights and Warriours did find out one another in Battels and Tiltings An example whereof our History gives in the Lairds of Drum and M clean at the Battel of Harlaw 19. By these the Ships of Enemies are known and are accordingly confiscated if taken at Sea which Lawyers extend so far that if a Ship carry the Flagg of an enemy it will be declared Prize though it belong to a Kingdom in amity with the Taker Iason consit 163. h. 19. Many likewise took a part of their Superiour or over-Over-lords Arms as is observ'd in Camdens Remains Pag. 157. And thus most of the Sirnames in Annandale carry the Arms of the Bruce in Murray some part of the Murrays Arms and in Tevidale the Dowglass Arms or some part thereof 20. I confess that Arms are sometimes derived from the Names of the Bearer as Peacock bears a Peacock Cockburn a Cock c. And these are called Arma cantantia by the Latine 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by the Grecians Des armoiries parlants by the French rebus or canting Arms by the English and are never presum'd to be Noble Arms because it is presumed that if the Bearer had done any generous actions which deserved Arms they had never recurred to their Names yet this Rule holds not still true for of old some men got their lands as rewards of great Acts and Sirnames came not in the mode with us till the Reign of King Malcolm Canmor who gave Sirnames to all his Nobles and then many took their Sirnames from their Lands they possest as the Cockburns and others and suited their Arms to their names to the end it might be known that they were Heritors of such places For which cause likewise we find that Chiefs of Families are ordinarly of that ilk that is to say with us That their Names and Lands are the same Some also derive their Names as well as their Arms from some considerable action and thus a second son of Struan Robertson for killing of a Wolf in Stocket Forrest by a durk in the Kings presence got the Name of Skein which signifies a durk in Irish and three durk-points in for Pale for his Arms. Some likewise got Names from their