- Cromwell's Act of Grace
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Cromwell's Act of Grace or more formally the Act of Pardon and Grace to the People of Scotland,[1] was proclaimed at the mercat cross in Edinburgh on 5 May 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 declaring Oliver Cromwell to be the Protector of England Ireland and Scotland, and that Scotland was united with the Commonwealth of England.
Contents
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 county. 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 a number of ordnances pertaining to the government of Scotland:[2]
- 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:[3]
- 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 the 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 not further financial or other punishments.[3]
The rest of the ordinance proceeded to list the various exceptions to the general pardon and clarification of some of the details.[3]
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.[3]
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 post script 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.[3]
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 the 3 of 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 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).[3]
The following paragraph limited the time creditors had to put in claims against the forfeited estates. Claims had to he lodged with named representatives,[4] within 60 days of the proclamation of the ordinance.[3]
The next three paragraphs granted certain lands to the named wives and children of those who's 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.[3]
Except those who were fined
Seventy three men were fined (see Appendix B).[5] 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 were to be confiscated by the commissioners for sequestration.[6]
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.[3]
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.[3]
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.[3]
The final paragraph negated any reading of the ordinance that might be construed to reduce the revenues that formally went to the Crown and should not go to the Lord Protector.[3]
Passed by Parliament and consented to by the Lord Protector
Although the ordinance had been issued on 12 April 1654, the and proclaimed in Scotland on 5 May 1654, like the other ordinances pertaining to Scotland issued on the 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,[7] the same day that the enabling bill was approved by the Second Protectorate Parliament.[8][9]
See also
List of Ordinances and Acts of the Parliament of England, 1642–1660
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 fortified:[10]
Pos Name Note 1 James Hamilton, 1st Duke of Hamilton deceased, 2 William Hamilton, 2nd Duke of Hamilton deceased, 3 John, Earl of Crawford-Lindsay 4 James Livingston, 1st Earl of Callendar 5 William Keith, 7th Earl Marischal 6 Alexander Erskine, 3rd Earl of Kellie 7 John Maitland, 2nd Earl of Lauderdale 8 John Campbell, 1st Earl of Loudoun 9 Kenneth Mackenzie, 3rd Earl of Seaforth 10 John Murray, 2nd Earl of Atholl 11 Robert Gordon, Viscount of Kenmure 12 ,Archibald Lord Lorn Eldest son of the Marquess of Argyll 13 James, Lord Machlin Eldest son of the Earl of Loudoun, 14 Hugh, Lord Montgomery Eldest son of the Earl of Eglinton, 15 George, Lord Spynie, 16 William Cranstoun, 3rd Lord Cranstoun 17 John, 9th Lord Sinclair 18 Thomas Dalyell Late Major General of the Foot in the Scottish Army, 19 John Middleton Late Lieutenant-General of the Horse in the Scottish Army, 20 James, Viscount Newburgh, 21 John Lord Bargany 22 Sir Thomas Thomson 23 James Edmeston Lord of Womat 24 Archibald Napier, 2nd Lord Napier 25 William Cunningham, 9th Earl of Glencairn, Appendix B: List of those fined
The following people were fined: [11]
Pos Name Amount Notes 01 David Leslie, Lord Newark £4,000 Late Lieutenant-General of the Scottish Army 02 William Douglas, 1st Marquis of Douglas £1000 03 Archibald, Lord Angus £1,000 Eldest son to the Marquess of Douglas 04 William Douglas, Earl of Selkirk £1,000 Third son of the Marquess of Douglas 05 The heirs of Francis Scott, 2nd Earl of Buccleuch deceased £15,000 06 James Stewart, 2nd Earl of Galloway £4,000 07 William Ker, 2nd Earl of Roxburghe £6,000 08 William Cochrane Lord Cochrane £5,000 09 James, 2nd Lord Forrester £2,500 10 Philip Anstruther.[12] 1,000 marks sterling Son of Sir Robert Anstruther 11 Sir Archibald Sterling of Carden.[13] £1,500 12 James Drumond of Mackensey £500 Laird Machane[14] 13 Henry Maule £2,500 Son to the Earl of Panmure 14 Sir James Livingstone of Kilsyth £1,500 15 William Murrey of Polemaise £1,500 16 James Erskine, 7th Earl of Buchan[15] £1,000 17 John Scrymgeour, Viscount Dudope £1,500 18 Preston of Cragmillar £1,500 Laird of Craigmillar[14] 19 Sir Andrew Flesher of Inner Pether £5,000 20 Sir John Wauchab of Nethery £2000 21 Earl of Perth, and Lord Drumond his eldest son £5,000 22 Earl of Winton £2,000 23 Earl of Findlater £1,500 24 Alexander Stewart, 5th Earl of Moray £3,500 25 James Douglas, 2nd Earl of Queensberry.[16] £4,000 26 John Earl of Eithy £6,000 27 Lord Duffus £1,500 28 Lord Grey £1,500 29 Sir Henry Nisbett £1,000 30 Patrick Maule, 1st Earl of Panmure £10,000 31 Laird of Lundee £1,000 32 Earl of Arroll £2,000 33 Earl of Tullibardine £1,500 34 Earl of Sowthes £3,000 35 Earl of Dalhousie £1,500 36 Earl of Hartfeild £2,000 37 William Lord Rosse £3,000 38 Lord Sample £1,000 39 Lord Elphinston £1,000 40 James, 9th Lord Boyd £1,500 41 James Lord Cooper £3,000 42 Lord Balvaird £1,500 43 Lord Rollock £1,000 44 Earl of Kinghorne £1,000 45 Earl of Kinkardine £1,000 46 Lord Bamfe £1,000 47 Master Robert Meldrum of Tillybody £1,000 48 Sir Robert Graham of Morphie £1,000 49 Sir William Scot of Harden £3,000 50 Hay of Nachton £1,000 51 Renton of Lamberton £1,000 52 Colquhoun of Luz £2,000 Laird of Lus[14] 53 Hamilton of Preston £1,000 54 Mr. Francis Hay of Bowsey £2,000 55 Arnot of Ferney £2,000 56 Sir Robert Forquhar £1,000 57 Sir Francis Reven £3,000 58 James Scot of Montross £3,000 Merchant in Montros[14] 59 Laird of Rothemegordon £500 Laird Rothemay, Gordoun[14] 60 Colerney, the yonger £1,000 61 Sir John Scot, of Scots-Torbut £1,500 Scottistarbet[14] 62 Laird of Gosfrid £1,000 63 Laird of Bachilton £1,500 64 James Mercer of Aldey £1,000 65 Earl of Rothes £1,000 66 Lieutenant Colonel Elliot of Stebbs £1,000 67 Sir Lewis Stuart £1,000 Advocate 68 Patrick Scot of Thirleston £2,000 Patrik Scott of Thirlestane'[14] 69 Sir James Carmighill £2,000 Lord Carmichael[14] 70 Sir Patrick Cockborne of Clarkington £2,000 71 Sir George Morison of Prestongrange £2,000 72 Murrey, Laird of Stanhop £2,000 Son to Sir David Murrey deceased Notes
- ^ Also known as Cromwell's Act of Grace and Pardon and the Ordinance of Pardon and Grace to the People of Scotland
- ^ "The 1654 Union with Scotland". www.olivercromwell.org maintained by the Cromwell Association and the Cromwell Museum Huntingdon. pp. 2,3. http://www.olivercromwell.org/scotland_union.pdf. Retrieved 24 January 2011.
- ^ a b c d e f g h i j k l Firth & Rait 1911.
- ^ John Swinton of Swinton, Esq; William Lawrence, Esq; George Smith, Esq; Sir James MacDowel of Garthland, Samuel Disbrow, John Thompson, Esquires (Firth & Rait 1911).
- ^ 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.
- ^ Laing 1836, p. 126.
- ^ "House of Commons Journal, 26 June 1657". Journal of the House of Commons: 1651–1660. 7. 1802. pp. 575–578. http://www.british-history.ac.uk/report.aspx?compid=24670. Retrieved 24 January 2011.
- ^ Sevaldsen, Jørgen; et al (2007). Angles on the English-Speaking World, V.7: The State of the Union: Scotland, 1707–2007. Museum Tusculanum Press. p. 39. ISBN 9788763507028.
- ^ Firth, C.H.; Rait, R.S., eds (1911). "June 1657: An Act touching several Acts and Ordinances made since the twentieth of April, 1653, and before the third of September, 1654, and other Acts". Acts and Ordinances of the Interregnum, 1642–1660 (1911). pp. 1131–1142. http://www.british-history.ac.uk/report.aspx?compid=56611..
- ^ Laing 1836, p. 125.
- ^ 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. (Laing 1836, p. 125,126)
- ^
"Anstruther, William". Dictionary of National Biography. London: Smith, Elder & Co. 1885–1900. - ^ George Brunton, David Haig. An historical account of the senators of the College of justice: from its .... pp. 358,359.
- ^ a b c d e f g h Laing 1836, p. 126
- ^ Lundy, Darryl. "James Erskine, 7th Earl of Buchan". www.thepeerage.com. http://www.thepeerage.com/p2829.htm#i28289. Retrieved February 2011. 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, U.K.: Alan Sutton Publishing, 2000), volume III, page 19.
- ^ Wilson (town-clerk of Hawick), James (1850). Annals of Hawick, A.D. M.CC.XIV.-A.D. M.DCCC.XIV.: with an appendix containing biographical sketches and other illustrative documents. T. G. Stevenson. p. 313.
References
- Laing, David, ed (1836). A diary of public transactions and other occurrences, chiefly in Scotland, from January 1650 to June 1667. Bannatyne club. pp. 125,126.126
- Firth, C.H.; Rait, R.S., eds (1911). "April 1654: An Ordinance of Pardon and Grace to the People of Scotland.". Acts and Ordinances of the Interregnum, 1642–1660 (1911). pp. 875–883. http://www.british-history.ac.uk/report.aspx?compid=56541.. Text of Cromwell's Pardon and Grace to the People of Scotland
Categories:- 1651 in law
- 1651 in England
- 17th century in Scotland
- Oliver Cromwell
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