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
hundred pounds Sterling over and above all reprises be setled upon Countesse 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 Iohn Earl of Lowderdaile excepted as aforesaid charged with the payment of the yearly Rent of fifteen pounds Sterling to His Highnesse 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 reprises be setled upon the now wise of the said Lord Cranston of 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 Estates 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 reprises 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 reprises 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 Highnesse the Lord Protector and his Successors for ever Provided that before any such settlement shall be made unto any 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 fiftie 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 effectuall 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 then 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 any thing therein contained 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 excepted as aforesaid shall neverthelesse 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 manner as shall be hereafter Declared and appointed by His Highnesse the Lord Protector by and with the consent of his Council Provided also and it is further Ordained that the several Persons hereafter named do pay unto His Highnesse the Lord Protector his Publick Receipt the several respective summes of mony 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 manner and at such times as is hereafter in this Ordinance expressed that is to say David Lesley late Lieutenant-General of the Scottish Army four thousand pounds sterling Marquesse of Douglas One thousand pounds sterling Lord Angus eldest son to the Marquesse of Douglas one thousand pounds sterling Earl of Selorig one thousand pounds sterling The Heir of Francis late Earl of Bucleugh deceased Fifteen thousand pounds sterling Earl of Galloway Four thousand pounds sterling William Earl of Roxburgh six thousand pounds sterl William Lord Cockeram Five thousand pounds sterling James Lord Forrester two thousand five hundred pounds sterl Philip Amstruther son of Sir Robert Amstruther one thousand marks sterl Sir Archibald Sterling of Carden one thousand five hundred pounds sterling James Drummond 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 Craigmiller one thousand five hundred pounds sterling Sir Andrew Flesher of Inner-Pether Five thousand pounds sterling Sir John Wauchith of Nethery two thousand pounds sterling Earl of Perth and Lord Drummond his eldest son Five thousand pounds sterling 〈…〉 of Winton two thousand pounds sterlng Earl of Findlater on thousand five hundred pounds sterling Earl of Murrey 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 Nisbit one thousand pounds sterling Earl of Panmure ten thousand pounds sterling Laitd of Lundee one thousand pounds sterling Earl of Arroll two thousand pounds sterling Earl of Tullibardine one thousand five hundred pounds sterling Earl of Southesk three thousand pounds sterling Earl of Dalhousie one thousand five hundred pounds sterling Earl of Hartfield two thousand pounds sterling William Lord Ross three thousand pounds Sterling Lord Sample one thousand pounds Sterling Lord Elphinston one thousand pounds sterling Lord Boyd