April 1654: An Ordinance of Pardon and Grace to the People of Scotland.

April, 1654

[12 April, 1654.]

Pardon for all matters done in relation to the War

His Highness the Lord Protector of the Commonwealth of England, Scotland and Ireland, and the Dominions thereunto belonging, being desirous that the Mercies which it hath pleased God to give to this Nation, by the Successes of their Forces in the late War in Scotland, should be improved for the good and advantage of both Nations, and the People of Scotland made equal sharers with those of England in the present Settlement of Peace, Liberty and Property, with all other Priviledges of a Free People, Doth Ordain and Declare, and be it Ordained and Declared by his Highness the Lord Protector, with the Consent of his Council, That all persons of the Scotish Nation, of what degree or quality soever they or any of them are (except the persons hereafter in this Ordinance particularly excepted) shall be, and are hereby, and from and after the first day of May in the year, One thousand six hundred fifty four, freed, acquitted, and discharged from all Forfeitures, Pains, Penalties, Mulcts, corporal or pecuniary, Restraints, Imprisonment or Imprisonments, Punishment or Punishments whatsoever (other then is hereafter in this Ordinance expressed) for any matter or thing by them or any of them, committed or done by Sea or Land, in relation to the late War, or any preceeding Wars between the two Nations; And that for the matters aforesaid, there shall be from and after the said First day of May aforesaid, no Sequestration, Confiscation, Fine, Penalty, Forfeiture or Punishment, imposed or continued upon them or any of them, (otherwise then as is hereafter in this Ordinance expressed) but the same shall be put in perpetual Oblivion.

Estates discharged.

And also that the Estates real and personal of all persons of the Scotch Nation (except as is hereafter in this Ordinance excepted and provided) shall be, and are hereby and from thenceforth freed, discharged and acquitted from all Sequestrations, Confiscations, Fines, Penalties and Forfeitures whatsoever, for any matter or thing by them or any of them committed or done, in relation to the aforesaid wars between the two Nations.

Persons whose Estates are excepted.

Except and always reserved out of this present Ordinance, and all benefit thereof, Henrietta Maria, the Relict and late Queen of the late King Charls deceased; Charls Stuart their eldest son, James Stuart their second son, and all the Honors, Manors, Castles, Houses, Messuages, Forests, Chases, Parks and Lands, and all Tenements and Hereditaments, Royalties, Priviledges, Franchises, Immunities, Rents and Appurtenances to them, or any of them in Scotland, belonging or appertaining, or heretofore lawfully used or enjoyed by them, or any of them, as part or parcel thereof, and also all the Goods and Chattels, and all the Estates both real and personal in Scotland, heretofore belonging to the late king Charls, deceased, either in right of the Crown of Scotland, or in any right or capacity, or unto Henrietta Maria, the Relict and late Queen of the said King, or unto Charls Stuart their eldest son, or James Stuart their second son, or unto any other the Issue or Posterity of the said late King Charls, or otherwise belonging unto them or any of them, and which were in the actual seisin or possession of them or any of them, or of their or any of their Tenants, Agents, Servants, Trustees, Officers or Ministers in their right, and for their use, or in trust for them or any of them, on the Seven and twentieth day of March, in the year of our Lord One thousand six hundred twenty and five, or at any time since, or for which they or any of them, have of right been answered the Profits, or might or ought to have received the same in the year aforesaid, or at any time since, and all Reversions and Remainders of any Estate or Estates, to them or any of them belonging or appertaining, and that free from all maner of Estates, Titles, Interests, Debts, Charges and Incumbrances whatsoever, wherewith the said Lands or premises, or any of them stand or stood charged or chargeable with, or are pretended to stand charged or chargeable with, at any time since the first day of May, One thousand six hundred forty two, and not before.

James late Duke Hamilton and others excepted.; The time from which the Forfeit ture shall commence.

And also excepted out of this present Ordinance, and all benefit thereof, James Duke of Hamilton deceased, William late Duke of Hamilton deceased, John Earl of Crawford-Lindsey, James Earl of Calender, Earl Marshal, Earl of Kelley, John Earl of Lowderdail, John Earl of Lowdoun, Earl of Seaforth, Earl of Athol, Viscount Kenmure, Lord Lorn, Eldest Son of the Marquess of Arguile, Lord Machlin Eldest Son of the Earl of Lowdoun, Lord Montgomery eldest Son of the Earl of Egglintoun, George Lord Spynie, Lord Cranston, Lord Sincleer, Thomas Dalyel late Major General of the Foot in the Scotish Army, John Middleton, late Lieutenant-General of the Horse in the Scotish Army, James Viscount Newburgh, Lord Bargany, Sir Thomas Thomson, James Edmeston Lord of Womat, Lord Napier, William Earl of Glencarn, and all the Honors, Manors. Castles, Houses, Messuages, Forests, Chases, Parks, and Lands, and all Tenements, and Hereditaments, Royalties, Priviledges, Franchises, Immunities, Rents and Appurtenances, to them or any of them belonging or appertaining, or on the Eighteenth day of April, in the year of our Lord One thousand six hundred forty eight, lawfully used or enjoyed with them or any of them, as part or parcel thereof, and also all the Goods and Chattels, and all the Estates both real and personal, belonging unto the said James late Duke of Hamilton, William late Duke of Hamilton, John Earl of Crawford-Lindsey, James Earl of Calender, Earl Marshal, Earl of Kelley, John Earl of Lowderdail, John Earl of Lowdoun, Earl of Seaforth, Earl of Athol, Viscount Kenmure, Lord Lorne, Lord Machlin, Lord Montgomery, George Lord Spynie, Lord Cranston, Lord Sincleere, Thomas Dalyel, John Middleton, James Viscount Newburgh, Lord Bargany, Sir Thomas Thomson, James Edmeston, Lord Napier, William Earl of Glencarn, or any of them, and which were in the actual seisin or possession of them, or any of them, or of their or either of their Tenants, Agents, Servants, Trustees, Officers or Ministers, in their right, and for their use, or in trust for them or any of them, on the eighteenth day of April, in the year of our Lord One thousand, six hundred forty eight, or at any time since, or for which they or any of them, have of right been answered the Profits, or might or ought to have received the same at the time aforesaid, or at any time since, and all Reversions or Remainders of any Estate or Estates to them, or any of them belonging or appertaining, and that free from all and all maner of Estates, Titles, Interests, Debts, Charges and Incumbrances whatsoever, wherewith the said Lands and premises, or any of them, stand, or stood Charged or Chargeable with, or are pretended to stand charged or chargeable with by force of any Act or Acts, Deed, Grant, or other thing done by any of the persons before named, at any time since the said eighteenth day of April, One thousand six hundred forty and eight, and not before. And also excepted out of this present Ordinance, and all benefit thereof, all the Estate, Right, Interest, Claim and Demand, of James Lord Mordington, of, in, or to the Maudlain Field, Sunck, Cony-garth, Constables-Batt, Two Watermills, and a Wind-mill lying within Barwick bounds.

Estates, Debts, &c. out of the confiscated persons' estates excepted, and from what time

And also excepted out of this present Ordinance, and all benefit thereof, all and all maner of Estates, Titles, Interests, Debts, Charges and Incumbrances whatsoever, claimed out of any the Estate or Estates of any of the persons excepted as aforesaid, or of any other person or persons as sureties for them, or any of them, by, for, or in Right, and to the use of any person or persons whatsoever, who sitting as a Member or Members of the late Parliament of Scotland, in the year One thousand six hundred forty and eight, did not protest in the great Protestation made in the said Parliament, against the proceedings of the said Parliament, by which the Army was raised under James Duke Hamilton, or that Invaded England, with the said James Duke Hamilton, in the said year, or that sate in the late Parliament, or Committee of Estates of Scotland, from and after the Coronation of Charls Stuart, in the year, One thousand six hundred fifty and one, or that since the Battle of Dunbar, on the third day of September, One thousand six hundred and fifty, served in Arms in Scotland under the said Charls Stuart, or any Commissionated by him, or his Authoritie, or that Invaded England with the said Charls Stuart, or any of his Forces, in the said year One thousand six hundred fifty and one, which said Estates Titles, Interests, Debts, Charges and Incumbrances, are by Authority aforesaid, released and discharged (such onely excepted, who have deserted the said Charls Stuart, and not born Arms against the Parlament, since the said third day of September, One thousand six hundred and fifty; as also such whose merits and services to this Commonwealth, have rendred them capable of being taken into a more favorable consideration by His Highness.)

Time limited for Claimes.

Provided always, and be it Ordained, That all and every person and persons whatsoever, claiming any Estate, Title, Interest, Debts, Charge or Incumbrance, out of any the Estate or Estates, excepted as aforesaid, do and shall within threescore days after publick Proclamation made of this Ordinance, in the Countie where the person making such Claim doth live, enter his and their respective Claims, with John Swinton of Swinton, Esq; William Lawrence, Esq; George Smith, Esq; Sir James MacDowel of Garthland, Samuel Disbrow, John Thompson, Esquires, or any three of them, and make the truth and realitie of them sufficiently appear unto the said John Swinton, William Lawrence, George Smith, Sir James Macdowel, Samuel Disbrow, and John Thompson, or any three of them, within four moneths after such entry made, and obtain from them or any three of them a Certificate of their allowance of such Claim and Claims, and that in default thereof, the said Estates, Titles, interests, Debts, Charges, and Incumbrances be, and the same are hereby Declared, as well to sureties as principals, discharged, and made null and void; Provided also, That all and every the Debts, Charges, and Incumbrances, upon all and every the Estate and Estates aforesaid, which shall be so allowed, shall be paid and satisfied by such ways, and in such maner onely, as shall be hereafter declared and appointed by His Highness the Lord Protector by and with the consent of His Council.

Provision for the wives and children of several persons excepted.

And it is further Ordained by the Authority aforesaid, That Lands of the clear yearly value of four hundred pounds sterling, over and above all charges, and reprizes, be setled upon the Lady Anne Hamilton, eldest daughter of the said James Duke Hamilton, and her heirs, charged with the payment of the yearly Rent of Twentie Pounds Sterling, to His Highness the Lord Protector, and his Successors for ever. And that Lands of the yearly value of Two hundred pounds Sterling, over and above all Charges and Reprizes, be setled upon the Lady Susan Hamilton, one other of the Daughters of the said James Duke Hamilton, and her heirs, out of the Estate of the said James and William late Duke Hamilton, charged with the payment of the yearly Rent of Ten pounds Sterling to His Highness the Lord Protector and his Successors for ever. And that Lands of the yearly value of four hundred pounds sterling, over and above all Charges and Reprizes, be setled upon Elizabeth Duchess of Hamilton, widow, and Relict of William late Duke Hamilton deceased, for term of her natural Life, and after her decease, to the four Daughters of the said William, by the said Duchess, to be equally divided amongst them, and to their Heirs for ever, out of the Estate of the said William or of James late Duke Hamilton, charged with the payment of the yearly Rent of twenty pounds sterling, to His Highness the Lord Protector and his Successors for ever. And that Lands of the clear yearly value of four hundred pounds sterling, over and above all charges and reprizes, be likewise setled out of the estate of the said John Earl Crawford upon Countess of Crawford his now wife for her life, and after her decease, upon the issue of her body, by the said Earl begotten, and their heirs, charged with the payment of the yearly Rent of twenty pounds sterling, to His Highness the Lord Protector and his Successors for ever. And that lands of the clear yearly value of four hundred pounds sterling, over and above all charges and reprizes, be setled upon Countess of Lowdoun and her heirs for ever, out of the Estate of the said John Earl of Lowdoun, charged with the payment of the yearly Rent of twenty pounds sterling, to His Highness the Lord Protector and his Successors for ever: she the said Countess of Lowdoun accepting thereof, in lieu of all Joynture, Dower, or any other interest or title she hath, or may claim in possession reversion, or remainder of, in, or to the Estate of the said John Earl of Lowdoun, or Lord Machlin, or of either of them, or by them, or either of them, claimed in right of the said Countess, and releasing the same by the time hereafter in this Ordinance appointed, and in such maner as is herein directed; which release shall be good and effectual in Law, to bar the said Countess of Lowdoun and her heirs. And be it further Ordained, That the Countess of Calender, shall hold and enjoy all and every the Lands, Tenements, and Hereditaments, conveyed for her Joynture, from late Earl of Dunfermlin, her former husband. And that Lands of the clear yearly value of two hundred pounds sterling over and above all charges and reprizes, be setled upon Mary eldest daughter of Earl Marshal, and her heirs; And that Lands of the yearly value of one hundred and fifty pounds sterling, over and above all charges and reprizes, be setled on each of the other daughters of the said Earl Marshal, viz. Elizabeth, Isabel and Jane, and their Heirs respectively, out of the Estate of the said Earl Marshal, excepted as aforesaid, charged with the payment of the yearly Rent of thirty two pounds ten shillings sterling, unto His Highness the Lord Protector and his Successors for ever, to be apportioned in the Grants of the respective Lands rateably. And that Lands of the clear yearly value of three hundred pounds sterling, over and above all reprizes, be setled upon Countess of Lowderdaile, and the heirs of the body of John Earl of Lowderdaile, of the body of the said Countess begotten, or to be begotten, out of the Lands and Estate of the said John Earl of Lowderdaile, excepted as aforesaid, charged with the payment of the yearly Rent of fifteen pounds sterling, to his Highness the Lord Protector and his successors for ever. And that Lands of the clear yearly value of two hundred pounds sterling, over and above all reprizes, be setled upon the now wife of the said Lord Cranston, and the heirs of the body of the said Lord Cranston, of the body of his said wife begotten, or to be begotten, out of the Lands and Estate of the said Lord Cranston, excepted as aforesaid, charged with the payment of the yearly rent of ten pounds sterling, unto His Highness the Lord Protector and his successors for ever. And that Lands of the clear yearly value of two hundred and fifty pounds sterling, over and above all reprizes, be setled upon the now wife of Lord Bargany, and the heirs of the body of the said Lord Bargany, on the body of his said now wife begotten, or to be begotten, out of the Lands and Estate of the said Lord Bargany, excepted as aforesaid, charged with the payment of the yearly rent of twelve pounds and ten shillings sterling money, unto His Highness the Lord Protector and his Successors for ever. And that Lands of the clear yearly value of one hundred and twenty pounds sterling, over and above all reprizes, be setled upon the now wife of the said Sir Thomas Thompson, and the heirs of the said Sir Thomas Thompson, of the body of his said now wife begotten, or to be begotten, out of the Estate of the said Sir Thomas Thompson, excepted as aforesaid, charged with the yearly Rent of six pounds, to be paid unto His Highness the Lord Protector, and his Successors for ever.

Such persons before settlement to release their interests.

Provided, That before any such settlement shall be made unto any of the persons above mentioned, out of the Lands excepted by this Ordinance, or that any of the said persons shall be permitted to enjoy any benefit by any the clauses aforesaid, all and every the said person and persons, being the now wife, childe, or children of any the persons excepted and excluded from the benefit of this Ordinance, shall before the five and twentieth day of December, which shall be in the year of our Lord, One thousand six hundred fifty four, by Deed, under her or their Hands and Seals respectively, release all her and their Claim, Title, and Demand of Dower, Joynture, and other interest in possession, reversion, or remainder, of, in, or to all and every the Lands, Tenements and Hereditaments, of the husband or father of such person releasing; And that all and every such release, being attested under the hands of two credible witnesses, and delivered unto the persons before in this Ordinance appointed to receive and determine Claims, or any three of them, shall be, and is, and are hereby declared to be valid and effectual in Law, to bar such person and persons so releasing, from claiming any right, title, interest or demand, of, in, or to all and every the Lands, Tenements and Hereditaments, of the Husband or Father of such person or persons releasing, notwithstanding the coverture, minority, infancy, or other disability of the person or persons so releasing, other than such as shall be setled upon her or them, in pursuance of the provision aforesaid: And in default of such release, to be made as aforesaid, all and every the person and persons aforesaid, so making default, shall be from thenceforth for ever debarred and excluded from any benefit or advantage by this Ordinance, or anything therein contained.

Lands set out to Wives and Children that be liable to Debts.

Provided also, That all and every the Lands and Estate which shall by force of this Ordinance be set out and setled as aforesaid, for the provision of the Wife or Children of any the persons ex cepted as aforesaid, shall nevertheless be liable unto the satisfaction of the just and proper Debts of the respective person and persons, out of whose Estate the same is so setled (in case all the rest of his or their respective Estate and Estates shall not be sufficient to satisfie the said respective Debts) so far forth and in such maner, as shall be hereafter declared and appointed by His Highness the Lord Protector, by and with the consent of His Council.

Fines imposed on several persons in respect of their Estates.; Treasurer for those moneys.; Confiscation in Default of payment.

Provided also, and it is further Ordained, That the several persons hereafter named, do pay unto His Highness the Lord Protector his Publick Receipt, the several respective sums of money hereafter mentioned and expressed, as a Fine and Fines for and in respect of his and their Estate and Estates, to be paid in such maner, and at such times, as is hereafter in this Ordinance expressed; that is to say, David Lesley, late Lieutenant-General of the Scotch Army, four thousand pounds sterling. Marquess of Douglas, one thousand pounds sterling. Lord Angus eldest son to the Marquess of Douglas, one thousand pounds sterling. Earl of Selcrigge, one thousand pounds sterling. The Heirs of Francis late Earl of Bucleuch deceased, fifteen thousand pounds sterling. Earl of Galloway, four thousand pounds sterling. William Earl of Roxburgh, six thousand pounds sterling. William Lord Cockeram, five thousand pounds sterling. James Lord Forrester, two thousand five hundred pounds sterling. Philip Amstruther son of Sir Robert Amstruther one thousand marks sterling. Sir Archibald Sterling of Carden, one thousand five hundred pounds sterling. James Drumond of Mackensey, five hundred pounds sterling. Henry Mawl, son to the Earl of Panmure, two thousand five hundred pounds sterling. Sir James Levingston of Kilsith, one thousand five hundred pounds sterling. William Murrey of Polemaise, one thousand five hundred pounds sterling. Earl of Buchane, one thousand pounds sterling. Viscount Dudope, one thousand five hundred pounds sterling. Preston of Cragmiller, one thousand five hundred pounds sterling. Sir Andrew Flesher of Inner Pether, five thousand pounds sterling. Sir John Wauchab of Nethery, two thousand pounds sterling. Earl of Perth, and Lord Drumond his eldest son, five thousand pounds sterling. Earl of Winton, two thousand pounds sterling. Earl of Findlater, one thousand five hundred pounds sterling. Earl of Murray, three thousand five hundred pounds sterling. Earl of Quinsburgh, four thousand pounds sterling. Earl of Eithy six thousand pounds sterling. Lord Duffus, one thousand five hundred pounds sterling. Lord Grey, one thousand five hundred pounds sterling. Sir Henry Nisbett, one thousand pounds sterling. Earl of Panmure, ten thousand pounds sterling. Laird of Lundee, one thousand pounds sterling. Earl of Arroll, two thousand pounds sterling. Earl of Tullibardine, one thousand five hundred pounds sterling. Earl of Sowthes, three thousand pounds sterling. Earl of Dalhousie, one thousand five hundred pounds sterling. Earl of Hartfeild, two thousand pounds sterling. William Lord Rosse, three thousand pounds sterling. Lord Sample, one thousand pounds sterling. Lord Elphinston, one thousand pounds sterling. Lord Boide, one thousand five hundred pounds sterling. James Lord Cooper, three thousand pounds sterling. Lord Balvaird, one thousand five hundred pounds sterling. Lord Rollock, one thousand pounds sterling. Earl of Kinghorne, one thousand pounds sterling. Earl of Kinkardine, one thousand pounds sterling. Lord Bamfe, one thousand pounds sterling, Master Robert Meldrum of Tillybody, one thousand pounds sterling. Sir Robert Graham of Morphie, one thousand pounds sterling. Sir William Scot of Harden, three thousand pounds sterling. Hay of Nachton, one thousand pounds sterling. Renton of Lamberton, one thousand pounds sterling. Colquhoun of Luz, two thousand pounds sterling. Hamilton of Preston, one thousand pounds sterling. Mr. Francis Hay of Bowsey two thousand pounds sterling. Arnot of Ferney, two thousand pounds sterling. Sir Robert Forquhar, one thousand pounds sterling. Sir Francis Reven, three thousand pounds sterling. Scot of Montross three thousand pounds sterling. Laird of Rothemegordon, five hundred pounds sterling. Colerney, the yonger, one thousand pounds sterling. Sir John Scot, of Scots-Torbut, one thousand five hundred pounds sterling. Laird of Gosfrid, one thousand pounds sterling. Laird of Bachilton, one thousand five hundred pounds sterling. James Mercer of Aldey, one thousand pounds sterling. Earl of Rothes, one thousand pounds sterling. Lieutenant Colonel Elliot of Stebbs, one thousand pounds sterling. Sir Lewis Steuart, Advocate, one thousand pounds sterling. Patrick Scot of Thirleston, two thousand pounds sterling. Sir James Carmighill, two thousand pounds sterling. Sir Patrick Cockborne of Clarkington, two thousand pounds sterling. Sir George Morison of PrestonGrange, two thousand pounds sterling. Murrey, Laird of Stanhop, son to Sir David Murrey deceased, two thousand pounds sterling. All and every which sum and sums of money, shall be paid unto George Bilton, Deputy Treasurer at Leith; one moyety thereof, on, or by the second day of August, One thousand six hundred fifty four; and the other moyety, on, or by the second day of December, then next ensuing; and in default of such payment, all and every the real and personal estate of every person and persons so making default, shall from thenceforth be absolutely confiscate; and the Commissioners for Sequestrations are hereby impowered to seize the same accordingly.

Lordships, Jurisdictions or Superiorities abolished, shall not be hereby revived.

Provided always, and it is Ordained and Declared by the Authority aforesaid, That this Ordinance or anything therein contained, shall not extend, or be construed to extend, to the restoring or reviving of any Lordship, Dominion, Jurisdiction, Tenure, Superiority, or any things whatsoever, taken away and abolished by one other Ordinance, Entituled, An Ordinance for Uniting Scotland into one Commonwealth with England.

Persons in Arms since 1 May 1652, excepted.; Saving for Articles of War.

Excepted, and also reserved out of this present Ordinance, and all benefit thereof, all and every other person and persons, not herein before named or expressed, that hath or have been at any time since the first day of May, One thousand six hundred fifty and two, or now is, or are in Arms in Scotland, in opposition to this Commonwealth; Saving and reserving, to all person and persons whatsoever, excepted out of this Ordinance, all benefits and advantages of any Articles of War, to them granted by His Highness, the now Lord Protector, as General of all the Forces of this Commonwealth, or any other, by vertue of any Authority from him derived, Any thing in this Ordinance contained to the contrary thereof in any wise notwithstanding.

This shall not extend to Prisoners of War.

Provided always, and be it further Ordained, That this Ordinance, or any thing therein contained, shall not extend, nor be construed to extend, to the freeing or discharging of any Prisoner or Prisoners of War, from their respective Imprisonments; or to the Cancelling or Discharging of any Surety Bond, Parol, or Engagement, of, or for any Prisoner of War, without the special Order of His Highness the Lord Protector, or whom he shall appoint.

Nor to confirm Patents or grants of any revenue of the Crown.

Provided also, that this Ordinance, or any thing therein contained, shall not extend, nor to be construed to extend to the confirming of any Patent, Gift, or Grant made by the late King James, or the late King Charls, whereby any Rent or other Duty or Revenue belonging to the Crown of Scotland, hath contrary to the Law of Scotland been altered, changed, converted or diminished; but that all and every such Rent, Duty and Revenue, shall remain, and be paid in kinde unto the Lord Protector, and His Successors in the same maner, as the same were paid before any such Patent, Gift or Grant made.