Cromwell's Act of Grace, or, more formally, the Act of Pardon and Grace to the People of ScotlandAlso known as Cromwell's Act of Grace and Pardon and the Ordinance of Pardon and Grace to the People of Scotland, was an Act of the Parliament of England that declared that the people of Scotland (with certain exceptions) were pardoned for any crimes they might have committed during the Wars of the Three Kingdoms. It was proclaimed at the Mercat Cross in Edinburgh on 5May 1654. General George Monck, the English military governor of Scotland, was present in Edinburgh, having arrived the day before for two proclamations also delivered at the Mercat Cross, the first of which declared Oliver Cromwell to be the protector of England, Ireland and Scotland, and that Scotland was united with the Commonwealth of England.
Origins After the English invasion of 1650, and the defeat of the Scottish armies at the battles of Dunbar, Inverkeithing and Worcester, Scotland was placed under English military occupation with General Monck as military governor of the country. Up to the date of the Act of Grace the English army had been able to suppress the Scottish resistance to the occupation with relative ease and the occupation, with sporadic but ineffective resistance, would continue throughout the Interregnum up until the Restoration in 1660.
The Act had its origins in the English written constitution of December 1653, called the Instrument of Government. Between December 1653 and the calling of the First Protectorate Parliament that sat for the first time in September 1654, the Lord Protector Oliver Cromwell and his Council of State were granted under the Instrument of Government the power "to make laws and ordinances for the peace and welfare of these nations where it shall be necessary" and on 12 April 1654 the regime passed several ordinances about the government of Scotland: Ordinance for uniting Scotland into one Commonwealth with England Ordinance of Pardon and Grace to the People of Scotland Ordinance for erecting Courts Baron in Scotland Ordinance for settling the Estates of several excepted Persons in Scotland, in Trustees, to the Uses herein expressed.
Contents The content of the Act of Grace contained: A general pardon and act of oblivion, Except for members of the royal family (their estates were confiscated), Other excepted who had their estates confiscated, Other excepted and fined, Other exceptions and provisions.
General pardon The first and second paragraphs drew a line under Wars of the Three Kingdoms. Oliver Cromwell, the Lord Protector of the Commonwealth of England, Scotland and Ireland, and the Dominions of those nations, ordained that on 1 May 1654, with the exceptions laid out in paragraphs that followed "in this Ordinance", that the People of Scotland were pardoned for any crimes they might have committed during the preceding wars and that there would be no further financial or other punishments.
The rest of the ordinance proceeded to list the various exceptions to the general pardon and clarification of some of the details.
Except members of the royal family The third paragraph excepted royal estates and other possessions in Scotland and so allowed for the sequestration by the Commonwealth. The wording also covered royal possessions that might have been passed to others since 1 May 1642.
Except those who had their estates confiscated The fourth paragraph listed twenty-four men whose estates were excepted and forfeited to the Commonwealth (See Appendix A), and like the Royal estates, this was backdated to cover the estates as they were on 18 April 1648. Also, almost as a postscript to the paragraph, a twenty-fifth man, James, 1st Lord Mordington, had his estates of "Maudlain Field, Sunck, Cony-garth, Constables-Batt, Two Watermills, and a Wind-mill lying within Barwick bounds." confiscated.
The next paragraph arranged for the confiscation of the estates of certain categories of Scots who had opposed the English Parliament since 1648 and were still under arms against the English Commonwealth after 3 September 1650, or were not now considered by Oliver Cromwell to be reconciled to the new regime. Those who could be excluded by this paragraph were Scottish MPs who had not signed the Protestation against the invasion of England in 1648, those men who sat in the Scottish Parliament or were a member of the Committee of Estates of Scotland after the coronation of Charles II (in 1651), or were in the Scottish army after the Battle of Dunbar on 3 September 1650 (which included all those who had taken part in the Worcester Campaign).
The following paragraph limited the time creditors had to put in claims against the forfeited estates. Claims had to be lodged with named representatives,John Swinton of Swinton, Esq; William Lawrence, Esq; George Smith, Esq; Sir James MacDowel of Garthland, Samuel Disbrow, John Thompson, Esquires . within 60 days of the proclamation of the ordinance.
The next three paragraphs granted certain lands to the named wives and children of those whose estates had been confiscated, under the condition that they pay rent to the Protector for those lands and that they renounced any claims they had to other properties which previously belonged to those excluded from the general pardon.
Except those who were fined
Seventy-three men were fined (see Appendix B).There are 72 entries in the list because one fine for the sum of £5,000 was levied jointly on two men: the Earl of Perth, and Lord Drumond, his eldest son. The ordinance included details of how the fines were to be paid and what was to happen if the fine was not paid. The money was to be paid to Gilbert [George] Bilton, deputy treasurer at Leith. Half was to be paid on, or by, 2 August 1654 and the other half on, or by, 2 December 1654. If a person defaulted on payment, then their estate was to be confiscated by the commissioners for sequestration.
Other exceptions and provisions
The last few paragraphs of the Ordinance laid on certain points so that it was clear that this Ordinance could not be used to frustrate some other points of law that the drafters of the ordinance saw as potential legal problems.
The Ordinance could not be read as restoring or reviving of any lordship, dominion, jurisdiction, tenure, superiority, or any thing whatsoever, abolished by An Ordinance for Uniting Scotland into one Commonwealth with England.
The general pardon did not extend to those persons in arms since 1 May 1652 who would remain subject to the Articles of War. The general pardon could not be construed to extend, to the freeing or discharging of any prisoners or prisoners of war, from their respective imprisonments or their promises and surety for release from that imprisonment.
The final paragraph negated any reading of the ordinance that might be construed to reduce the revenues that formerly went to the Crown and should now go to the Lord Protector.
Passed by Parliament and consented to by the Lord Protector
Although the ordinance had been issued on 12 April 1654, and then proclaimed in Scotland on 5 May 1654, like the other ordinances pertaining to Scotland issued on 12 April 1654, it did not become enacted until an enabling act, called "Act touching several Acts and Ordinances made since the twentieth of April, 1653, and before the third of September, 1654, and other Acts" was consented to by the Lord Protector on the 26 June 1657, the same day that the enabling bill was approved by the Second Protectorate Parliament..
Appendix A: List of those whose estates were sequestrated
The following list of prominent opponents of the Commonwealth were exempted from the general pardon and had their estates forfeited: PosNameNote1James Hamilton, 1st Duke of Hamilton deceased2William Hamilton, 2nd Duke of Hamilton deceased3John, Earl of Crawford-Lindsay4James Livingston, 1st Earl of Callendar5William Keith, 7th Earl Marischal6Alexander Erskine, 3rd Earl of Kellie7John Maitland, 2nd Earl of Lauderdale8John Campbell, 1st Earl of Loudoun9Kenneth Mackenzie, 3rd Earl of Seaforth10John Murray, 2nd Earl of Atholl11Robert Gordon, Viscount of Kenmure12Archibald, Lord LorneEldest son of Archibald, 1st Marquess of Argyll13James, Lord MachlinEldest son of John, 1st Earl of Loudoun14Hugh, Lord MontgomeryEldest son of Alexander, 6th Earl of Eglinton15George, Lord Spynie16William Cranstoun, 3rd Lord Cranstoun17John, 9th Lord Sinclair18Thomas DalyellLate Major General of the Foot in the Scottish Army,19John MiddletonLate Lieutenant-General of the Horse in the Scottish Army,20James, Viscount Newburgh21John Lord Bargany22Sir Thomas Thomson23James Edmeston Lord of Womat24Archibald Napier, 2nd Lord Napier25William Cunningham, 9th Earl of Glencairn
Appendix B: List of those fined The following people were fined:Laing states this Act of "Pardon and Grace to the People of Scotland," with the list of fines, is printed in Scobell's Collection, p. 288. PosNameAmountNotes01David Leslie, Lord Newark £4,000Late Lieutenant-General of the Scottish Army02William Douglas, 1st Marquis of Douglas£1,00003Archibald, Lord Angus £1,000 Eldest son to the Marquess of Douglas04William Douglas, Earl of Selkirk£1,000 Third son of the Marquess of Douglas05The heirs of Francis Scott, 2nd Earl of Buccleuch deceased£15,00006James Stewart, 2nd Earl of Galloway£4,00007William Ker, 2nd Earl of Roxburghe£6,00008William Cochrane Lord Cochrane£5,00009James, 2nd Lord Forrester£2,50010Philip Anstruther.1,000 marks sterlingSon of Sir Robert Anstruther11Sir Archibald Sterling of Carden.£1,50012James Drumond of Mackensey£500Laird Machane13Henry Maule£2,500Son to the Earl of Panmure14Sir James Livingstone of Kilsyth£1,50015William Murrey of Polemaise£1,50016James Erskine, 7th Earl of Buchan cites G.E. Cokayne, et al; The Complete Peerage of England, Scotland, Ireland, Great Britain and the United Kingdom, Extant, Extinct or Dormant, new ed., 13 volumes in 14 (1910–1959; reprint in 6 volumes, Gloucester, UK: Alan Sutton Publishing, 2000), volume III, p. 19.£1,00017John Scrymgeour, Viscount Dudope£1,50018Preston of Cragmillar£1,500Laird of Craigmillar19Sir Andrew Flesher of Inner Pether£5,00020Sir John Wauchab of Nethery£200021Earl of Perth, and Lord Drumond his eldest son£5,00022Earl of Winton£2,00023Earl of Findlater£1,50024Alexander Stewart, 5th Earl of Moray£3,50025James Douglas, 2nd Earl of Queensberry.£4,00026John Earl of Eithy£6,00027Lord Duffus£1,50028Lord Grey£1,50029Sir Henry Nisbett£1,00030Patrick Maule, 1st Earl of Panmure£10,00031Laird of Lundee£1,00032Earl of Arroll£2,00033Earl of Tullibardine£1,50034Earl of Sowthes£3,00035Earl of Dalhousie£1,50036Earl of Hartfeild£2,00037William Lord Rosse£3,00038Lord Sample£1,00039Lord Elphinston£1,00040James, 9th Lord Boyd£1,50041James Lord Cooper£3,00042Lord Balvaird£1,50043Lord Rollock£1,00044Earl of Kinghorne£1,00045Earl of Kinkardine£1,00046Lord Bamfe£1,00047Master Robert Meldrum of Tillybody£1,00048Sir Robert Graham of Morphie£1,00049Sir William Scot of Harden£3,00050Hay of Nachton£1,00051Renton of Lamberton£1,00052Colquhoun of Luz£2,000Laird of Lus53Hamilton of Preston£1,00054Mr. Francis Hay of Bowsey£2,00055Arnot of Ferney£2,00056Sir Robert Forquhar£1,00057Sir Francis Reven£3,00058James Scot of Montross£3,000Merchant in Montros59Laird of Rothemegordon£500Laird Rothemay, Gordoun60Colerney, the younger£1,00061Sir John Scot, of Scots-Torbut£1,500Scottistarbet62Laird of Gosfrid£1,00063Laird of Bachilton£1,50064James Mercer of Aldey£1,00065Earl of Rothes£1,00066Lieutenant Colonel Elliot of Stebbs£1,00067Sir Lewis Stuart£1,000Advocate68Patrick Scot of Thirleston£2,000 Patrik Scott of Thirlestane''' |- |69||Sir James Carmighill||£2,000||Lord Carmichael''70Sir Patrick Cockborne of Clarkington£2,00071Sir George Morison of Prestongrange£2,00072Murrey, Laird of Stanhop£2,000 Son to Sir David Murrey deceased
See also List of ordinances and acts of the Parliament of England, 1642–1660
Notes
References 126