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.