An ORDINANCE of PARDON and GRACE to the People of SCOTLAND HIs Highnesse 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 Propertie with all other Privileges of a Free People Doth Ordain and Declare And be it Ordained and Declared by His Highnesse the Lord Protector with the consent of His Council That all persons of the Scottish 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 〈…〉 rie restraints imprisonment or imprisonments punishment or punishments whatsoever other then is hereafter in this Ordinance expressed for any 〈…〉 y them or any of them committed or done by Sea or Land in relation to the late War or any preceding Wars between the two Nations And that 〈…〉 aforesaid there shall be from and after the said first day of May aforesaid no Sequestration Confiscation Fine Penalty Forfeiture or Punishment 〈…〉 them or any of them otherwise than as is hereafter in this Ordinance expressed but the same shall be put in perpetuall Oblivion 〈…〉 and personal of all persons of the Scottish Nation except as is hereafter in this Ordinance excepted and provided shall be and 〈…〉 h freed discharged and acquitted from all Sequestrations Confiscations Fines Penalties and Forfeitures whatsoever for any mat 〈…〉 f them committed or done in relation to the aforesaid Wars between the two Nations 〈…〉 out of this present Ordinance and all benefit thereof Henrietta Maria the Relict and late Queen of the late King Charls Deceased 〈…〉 James Stuart their second son and all the Honors Mannors Castles Houses Messuages Forests Chases Parks and Lands and 〈…〉 Royalties Privileges Franchises Immunities Rents and Appurtinances to them or any of them in Scotland belonging or 〈…〉 ed or enjoyed by them or any of them as part or parcel thereof and also all the Goods and Chattels and all the Eliates both 〈…〉 retofore belonging to the late King Charls Deceased either in right of the Crown of Scotland or in any other right or capacitie or 〈…〉 t 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 〈…〉 King Charls or otherwise belonging unto them or any of them and which were in the actual seizin or possession of them or any 〈…〉 their Tenants Agents Servants Trustees Officers or Ministers in their Right and for their use or in trust for them or any of 〈…〉 th 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 〈…〉 wered the profits or might or ought to have received the same in the year aforesaid or at any time since and all reversions oâ— re 〈…〉 ers of any Estate or â—…tes to them or any of them belonging or appertaining and that free from all manner of Estates Titles Interests Debts Charges and incumbrances whatsoever wherewith the said Lands or premisses 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 fourty two and not before And also excepted out of this present Ordinance and all benefit thereof James late Duke of Hamilton deceased William late Duke of Hamilton deceased John Earl of Crawford-Lindsey James Earl of Calender Earl Marshall Earl of Kedey John Earl of Lawderdail John Earl of Lowdoun Earl of Soaforth Earl of Athâ—l Viscount Kenmure Lord Lorne eldest son of the Marquesse of Argile Lord Machlin eldest son of the Earl of Lowdoun Lord Montgomerie eldest son of the Earl of Egglintoun George Lord Spynie Lord Cranston Lord Sinclair Thomas Dalyel late Major General of the Foot in the Scottish Army John Middletoun late Lieutenant General of the Horse in the Scottish Army James Viscount Newburgh Lord Bargany Sir Thomas Thomson James Eâ—meston 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 Privileges 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 fourtie 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 Will. late Duke of Hamilton John E. of Crawford Lindsey James E. of Calender Earl Marshal Earl of Kelley John Earl of Lawderdaile John Earl of Lowdoun Earl of Seaforth Earl of Athole Viscount Kenmure Lord Lorne Lord Machlin Lord Montgomery George Lord Spynie Lord Cranston Lord Sinclaire Thomas Dalyell John Middletoune James Viscount Newburgh Lord Bargany Sir Thomas Thomson James Edmeston Lord Napeir William Earl of Glencaiâ—…ne or any of them and which were in the actuall s eizin or possession of them or any of them or of their or either of their Tenants Agents Servants Trustees Omcers 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 fourtie 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 manner of Estates Titles Interests Debts Charges and Incumbrances whatsoever where with the said Lands and premisses 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 fourty 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 Water-mils and a Wind-mil lying within Barwick bounds And also excepted out of this present Ordinance and
all benefit thereof all and all manner 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 fourty 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 fiftie and one or that since the Battle of Dumbar on the third day of September One thousand six hundred and fiftie served in Arms in Scotland under the said Charles Stuart or any Commissionated by him or his Authority or that invaded England with the said Charles Stuart or any of his Forces in the said year One thousand six hundred fiftie 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 Charles Stuart and not born Arms against the Parliament since the said third day of September One thousand six hundred and fiftie as also such whose merits and services to this Commonwealth have rendred them capable of being taken into a more favourable consideration by his Highnesse Provided alwayes 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 dayes 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 Mac-Dowel of Garthland Samuel Disbrow John Thompson Esquires or any three of them and make the truth and reality of them sufficiently appear unto the said John Swinton William Lawrence George Smith Sir James Mac-dowel 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 to allowed shall be paid and satisfied by such wayes and in such manner onely as shall be hereafter Declared and appointed by his Highnesse the Lord Protector by and with the consent of his Councill And it is further Ordeined by the Authority aforesaid That Lands of the clear yearly value of four hundred pounds sterling over and above all charges and reprises 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 twenty pounds Sterling to His Highnesse 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 reprises 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 Highnesse 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 reprises be setled upon Elizabeth Dutches of Hamilton Widow and Relict of William late Duke Hamilton deceased for term of her naturall life and after her decease to the four Daughters of the said William by the said Dutches 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 Highnesse 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 reprises 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 Highnesse 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 reprises be setled upon Countesse 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 twentie pounds Sterling to his Highness the Lord Protector and his Successors for ever She the said Countess of Loudown accepting thereof in lieu of all Joyntore Dower or any other Interest or Title the hath or may claâ—m in possession reversion or remainder of in or to the Estate of the said John Earl of Lowdoun or Lord Machâ—in or of eâ—ther of them or by them or either of them claimed a right of the said Countess and releasing the same by the time hereafter in this Ordinance appointed and in such manner as is herein directed which release shall be good and effectuall in Law to bar the said Countess of Lowdoun and her Heirs And be it further Ordeined 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 Dumfermling her former Husband And that Lands of the clear yearly value of two hundred pounds Sterling over and above all charges and reprises be setled upon Mary eldest Daughter of Earl Marshal and her Heirs And that Laâ—ds of the yearly value of one hundred and fifty pounds Sterling over and above all charges and reprises be setled on each of the other Daughters of the said Earl Marshal vix Elizabeth Isabel and Jane and their Heirs respectively out of the Estate of the said Earl Marshall excepted as aforesaid charged with the payment of the yearly Rent of thirty two pounds ten shillings Sterling unto his Highnesse 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
one thousand five hundred pounds sterling Iames 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 Mr. 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 Montrosse three thousand pounds sterling Laird of Rotheme-Gordon five hundred pounds sterling Colerney the younger one thousand pounds sterling Sir John Scot of Scots-Tarbut one thousand five hundred pounds sterling Laird of Gosford 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 Collonel Elliot of Stebbs one thousand pounds sterling Sir Lewis Stuart Advocate one thousand pounds sterling Patrick Scot of Thirlestone two thousand pounds sterling Sir James Caimeghill two thousand pounds Sterling Sir Patrick Cockburn of Clarkington two thousand pounds sterling Sir George Morison of Preston-Grange 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 moyetie thereof on or by the second day of August One thousand six hundred fifty four and the other moyetie on or by the second day of December then next ensuing and in default of such payment all and every the real and personall Estate of every person and persons so making default shall from thenceforth be absolutely confiscate and the Commissioners for Sequestrations are hereby impowred to seiz the same accordingly Provided alwayes and it is Ordeined and Declared by the Authority aforesaid That this Ordinance or any thing therein conteined shall not extend or be construed to extend to the restoring or reviving of any Lordship Dominion Jurisdiction Tenure Superioritie or any things whatsoever taken away and abolished by one other Ordinance Entituled An Ordinance for Vniting SCOTLAND into one Common-Wealth with ENGLAND 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 Highnesse the now Lord Protector as Generall of all the Forces of this Commonwealth or any other by Virtue of any Authority from him derived any thing in this Ordinance conteined to the contrary thereof in any wise notwithstanding Provided alwayes 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 Paroll or Engagement of or for any Prisoner at War without the special Order of His Highnesse the Lord Protector or whom he shall appoint Provided also That this Ordinance or any thing therein contained shall not extend nor 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 Revenew 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 Dutie and Revenew shall remain and be paid in kind unto the Lord Protector and his Successors in the same manner as the same were paid before any such Patent Gift or Grant made Wednesday 12. April 1654. ORdered by His Highness the LORD PROTECTOR and the COUNCIL that this Ordinance be forthwith printed and published Henry Scobel Clerk of the Council Printed at London and re-printed at Leith 1654.