Page:A Complete Guide to Heraldry.djvu/474

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A COMPLETE GUIDE TO HERALDRY

The right to bear supporters in Scotland is on a widely different basis from that in any other country. As in England and Ireland, peers and Knights Grand Cross are permitted to obtain grants of these distinctions. But outside and beyond these there are many other families who bear them by right. At the official inquiry concerning the Lyon Office, the Lyon-Depute, Mr. George Tait, put in a Note of Persons whom he considered might lawfully bear supporters under Scottish Heraldic Law. The following is the text of the note in question:—

"Note of Persons who are considered by George Tait, Esq., Lyon-Depute, to be entitled to supporters, furnished to the Commissioners of Inquiry by their desire, intimated to him at his examination this day, June 27, 1821.
"1. Peers.—By immemorial usage, Peers have right to supporters, and supporters are commonly inserted in modern patents of Peerage. This includes Peeresses in their own right.
"2. Ancient Usage.—Those private gentlemen, and the lawful heirs-male of their bodies, who can prove immemorial usage of carrying supporters, or a usage very ancient, and long prior to the Act 1672, are entitled to have their supporters recognised, it being presumed that they received them from lawful authority, on account of feats of valour in battle or in tournament, or as marks of the Royal favour (see Murray of Touchadam's Case, June 24, 1778).
"3. Barons.—Lawful heirs-male of the bodies of the smaller Barons, who had the full right of free barony (not mere freeholders) prior to 1587, when representation of the minor Barons was fully established, upon the ground that those persons were Barons, and sat in Parliament as such, and were of the same as the titled Barons. Their right is recognised by the writers on heraldry and antiquities. Persons having right on this ground, will almost always have established it by ancient usage, and the want of usage is a strong presumption against the right.
"4. Chiefs.—Lawful heirs-male of Chiefs of tribes or clans which had attained power, and extensive territories and numerous members at a distant period, or at least of tribes consisting of numerous families of some degree of rank and consideration. Such persons will in general have right to supporters, either as Barons (great or small) or by ancient usage. When any new claim is set up on such a ground, it may be viewed with suspicion, and it will be extremely difficult to establish it, chiefly from the present state of society, by which the traces of clanship, or the patriarchal state, are in most parts of the country almost obliterated; and indeed it is very difficult to conceive a case