Cromwell's Act of Grace

Last updated

The Act of Pardon and Grace was proclaimed at the Mercat Cross on Edinburgh's Royal Mile. Edinburgh mercat cross.jpg
The Act of Pardon and Grace was proclaimed at the Mercat Cross on Edinburgh's Royal Mile.

Cromwell's Act of Grace, or more formally the Act of Pardon and Grace to the People of Scotland, [1] 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 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 country. [2] 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.[ citation needed ]

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 ordinances pertaining to the government of Scotland: [3]

Contents

The content of the Act of Grace contained: [4]

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. [4]

The rest of the ordinance proceeded to list the various exceptions to the general pardon and clarification of some of the details. [4]

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. [4]

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. [4]

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). [4]

The following paragraph limited the time creditors had to put in claims against the forfeited estates. Claims had to be lodged with named representatives, [5] within 60 days of the proclamation of the ordinance. [4]

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. [4]

Except those who were fined

Seventy-three men were fined (see Appendix B). [6] 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. [7]

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. [4]

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. [4]

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. [4]

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. [4]

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, [8] the same day that the enabling bill was approved by the Second Protectorate Parliament. [9] [10]

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: [11]

PosNameNote
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 Lorne Eldest son of Archibald, 1st Marquess of Argyll
13 James, Lord Machlin Eldest son of John, 1st Earl of Loudoun
14 Hugh, Lord Montgomery Eldest son of Alexander, 6th 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
21John Lord Bargany
22Sir Thomas Thomson
23James 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: [12]

PosNameAmountNotes
01 David Leslie, Lord Newark £4,000Late Lieutenant-General of the Scottish Army
02 William Douglas, 1st Marquis of Douglas £1000
03 Archibald, Lord Angus £1,000Eldest son to the Marquess of Douglas
04 William Douglas, Earl of Selkirk £1,000Third son of the Marquess of Douglas
05The heirs of Francis Scott, 2nd Earl of Buccleuch deceased£15,000
06James Stewart, 2nd Earl of Galloway £4,000
07 William Ker, 2nd Earl of Roxburghe £6,000
08 William Cochrane Lord Cochrane £5,000
09James, 2nd Lord Forrester £2,500
10 Philip Anstruther. [13] 1,000 marks sterlingSon of Sir Robert Anstruther
11Sir Archibald Sterling of Carden. [14] £1,500
12 James Drumond of Mackensey£500Laird Machane [15]
13Henry Maule£2,500Son to the Earl of Panmure
14Sir James Livingstone of Kilsyth £1,500
15 William Murrey of Polemaise£1,500
16James Erskine, 7th Earl of Buchan [16] £1,000
17 John Scrymgeour, Viscount Dudope £1,500
18Preston of Cragmillar£1,500 Laird of Craigmillar [15]
19Sir Andrew Flesher of Inner Pether£5,000
20Sir 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
25James Douglas, 2nd Earl of Queensberry. [17] £4,000
26John Earl of Eithy £6,000
27 Lord Duffus £1,500
28 Lord Grey £1,500
29Sir Henry Nisbett£1,000
30Patrick Maule, 1st Earl of Panmure £10,000
31Laird 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
41James 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
47Master Robert Meldrum of Tillybody£1,000
48Sir Robert Graham of Morphie£1,000
49Sir William Scot of Harden£3,000
50Hay of Nachton£1,000
51Renton of Lamberton £1,000
52Colquhoun of Luz £2,000Laird of Lus [15]
53Hamilton of Preston £1,000
54Mr. Francis Hay of Bowsey£2,000
55Arnot of Ferney£2,000
56Sir Robert Forquhar£1,000
57Sir Francis Reven£3,000
58James Scot of Montross£3,000Merchant in Montros [15]
59Laird of Rothemegordon£500Laird Rothemay, Gordoun [15]
60Colerney, the younger£1,000
61 Sir John Scot, of Scots-Torbut £1,500Scottistarbet [15]
62Laird of Gosfrid£1,000
63Laird of Bachilton£1,500
64James Mercer of Aldey£1,000
65 Earl of Rothes £1,000
66 Lieutenant Colonel Elliot of Stebbs £1,000
67Sir Lewis Stuart£1,000Advocate
68Patrick Scot of Thirleston£2,000Patrik Scott of Thirlestane' [15]
69Sir James Carmighill£2,000Lord Carmichael [15]
70Sir Patrick Cockborne of Clarkington£2,000
71Sir George Morison of Prestongrange £2,000
72Murrey, Laird of Stanhop £2,000Son to Sir David Murrey deceased

See also

Notes

  1. Also known as Cromwell's Act of Grace and Pardon and the Ordinance of Pardon and Grace to the People of Scotland
  2. Hutton, Ronald. "Monck, George, first duke of Albemarle (1608–1670)". Oxford Dictionary of National Biography (online ed.). Oxford University Press. doi:10.1093/ref:odnb/18939.(Subscription or UK public library membership required.)
  3. "The 1654 Union with Scotland" (PDF). olivercromwell.org (Maintained by the Cromwell Association and the Cromwell Museum Huntingdon). pp.  2, 3 . Retrieved 24 January 2011.
  4. 1 2 3 4 5 6 7 8 9 10 11 12 Firth & Rait 1911.
  5. John Swinton of Swinton, Esq; William Lawrence, Esq; George Smith, Esq; Sir James MacDowel of Garthland, Samuel Disbrow, John Thompson, Esquires ( Firth & Rait 1911 ).
  6. 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.
  7. Laing 1836, p. 126.
  8. "House of Commons Journal, 26 June 1657". Journal of the House of Commons: 1651–1660. Vol. 7. 1802. pp. 575–578. Retrieved 24 January 2011.
  9. 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   978-87-635-0702-8.
  10. 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..
  11. Laing 1836, p. 125.
  12. 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 , pp. 125, 126)
  13. "Anstruther, William"  . Dictionary of National Biography . London: Smith, Elder & Co. 1885–1900.
  14. George Brunton; David Haig. An historical account of the senators of the College of justice: from its institution in MDXXXII. pp.  358, 359.
  15. 1 2 3 4 5 6 7 8 Laing 1836 , p. 126
  16. Lundy, Darryl. "James Erskine, 7th Earl of Buchan". www.thepeerage.com. Retrieved 1 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, UK: Alan Sutton Publishing, 2000), volume III, p. 19.
  17. 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.

Related Research Articles

<span class="mw-page-title-main">Commonwealth of England</span> Republican rule in England, 1649–1660

The Commonwealth of England was the political structure during the period from 1649 to 1660 when England and Wales, later along with Ireland and Scotland, were governed as a republic after the end of the Second English Civil War and the trial and execution of Charles I. The republic's existence was declared through "An Act declaring England to be a Commonwealth", adopted by the Rump Parliament on 19 May 1649. Power in the early Commonwealth was vested primarily in the Parliament and a Council of State. During the period, fighting continued, particularly in Ireland and Scotland, between the parliamentary forces and those opposed to them, in the Cromwellian conquest of Ireland and the Anglo-Scottish war of 1650–1652.

<span class="mw-page-title-main">Long Parliament</span> English Parliament from 1640 to 1660

The Long Parliament was an English Parliament which lasted from 1640 until 1660. It followed the fiasco of the Short Parliament, which had convened for only three weeks during the spring of 1640 after an 11-year parliamentary absence. In September 1640, King Charles I issued writs summoning a parliament to convene on 3 November 1640. He intended it to pass financial bills, a step made necessary by the costs of the Bishops' Wars against Scotland. The Long Parliament received its name from the fact that, by Act of Parliament, it stipulated it could be dissolved only with agreement of the members; and those members did not agree to its dissolution until 16 March 1660, after the English Civil War and near the close of the Interregnum.

<span class="mw-page-title-main">The Protectorate</span> British government (1653–1659)

The Protectorate, officially the Commonwealth of England, Scotland and Ireland, was the English form of government lasting from 16 December 1653 to 25 May 1659, under which the kingdoms of England, Scotland, and Ireland, with their associated territories were joined together in the Commonwealth of England, governed by a Lord Protector. It began when Barebone's Parliament was dissolved, and the Instrument of Government appointed Oliver Cromwell as Lord Protector of the Commonwealth. Cromwell died in September 1658 and was succeeded by his son Richard Cromwell.

<span class="mw-page-title-main">Rump Parliament</span> English parliament 1648–1653

The Rump Parliament was the English Parliament after Colonel Thomas Pride had commanded his soldiers, on 6 December 1648, to purge the Long Parliament of members against the Grandees' intention to try King Charles I for high treason.

<span class="mw-page-title-main">Flags of the English Interregnum</span>

There were a variety of flags flown by ships of the Commonwealth during the Interregnum of 1649–1660.

<span class="mw-page-title-main">Nathaniel Fiennes</span> 17th-century English politician and religious radical

Nathaniel Fiennes, c. 1608 to 16 December 1669, was a younger son of the Puritan nobleman and politician, William Fiennes, 1st Viscount Saye and Sele. He sat in the House of Commons at various times between 1640 and 1659, and served with the Parliamentarian army in the First English Civil War. In 1643, he was dismissed from the army for alleged incompetence after surrendering Bristol and sentenced to death before being pardoned. Exonerated in 1645, he actively supported Oliver Cromwell during The Protectorate, being Lord Keeper of the Great Seal from 1655 to 1659.

<span class="mw-page-title-main">Act for the Settlement of Ireland 1652</span> English act after the 1641 Irish Rebellion

The Act for the Setling of Ireland imposed penalties including death and land confiscation against Irish civilians and combatants after the Irish Rebellion of 1641 and subsequent unrest. British historian John Morrill wrote that the Act and associated forced movements represented "perhaps the greatest exercise in ethnic cleansing in early modern Europe."

<span class="mw-page-title-main">Indemnity and Oblivion Act</span> 1660 English Act of Parliament

The Indemnity and Oblivion Act 1660 was an Act of the Parliament of England, the long title of which is "An Act of Free and Generall Pardon, Indempnity, and Oblivion". This act was a general pardon for everyone who had committed crimes during the English Civil War and subsequent Commonwealth period, with the exception of certain crimes such as murder, piracy, buggery, rape and witchcraft, and people named in the act such as those involved in the regicide of Charles I. It also said that no action was to be taken against those involved at any later time, and that the Interregnum was to be legally forgotten.

<span class="mw-page-title-main">English Council of State</span> Executive government of the Commonwealth of England

The English Council of State, later also known as the Protector's Privy Council, was first appointed by the Rump Parliament on 14 February 1649 after the execution of King Charles I.

<span class="mw-page-title-main">John Carnegie, 1st Earl of Northesk</span> Scottish noble

John Carnegie, 1st Earl of Northesk (1611–1667), was a Scottish noble who supported the Royalist cause during the Wars of the Three Kingdoms.

<span class="mw-page-title-main">Tender of Union</span>

The Tender of Union was a declaration of the Parliament of England during the Interregnum following the War of the Three Kingdoms stating that Scotland would cease to have an independent parliament and would join England in its emerging Commonwealth republic.

William Sydenham was a Cromwellian soldier; and the eldest brother of Thomas Sydenham. He fought for Parliament and defeated the Royalists in various skirmishes in Dorset. He was member of the various parliaments of the Commonwealth, avowal conservative principles, and defended the liberties of Englishmen. In 1654 made councillor and commissioner of the treasury by Oliver Cromwell. Took the side of the army against Parliament. In 1660, after the Protectorate, and before the Restoration, he was expelled from the Long Parliament. After the Restoration, he was perpetually incapacitated from holding office by the Indemnity and Oblivion Act.

<span class="mw-page-title-main">George Fleetwood (regicide)</span> English major-general and regicide

George Fleetwood (1623–1672) was an English major-general and one of the regicides of King Charles I of England.

Sir Gilbert Gerard, 1st Baronet of Harrow on the Hill was an English politician who sat in the House of Commons at various times between 1614 and 1660. He was a supporter of the Parliamentary cause during the English Civil War and of Oliver Cromwell during the Protectorate.

<span class="mw-page-title-main">Nathaniel Rich (soldier)</span> 17th-century English Puritan radical and soldier

Colonel Nathaniel Rich was a member of the landed gentry from Essex, who sided with Parliament during the Wars of the Three Kingdoms. He has been described as "an example of those pious Puritan gentlemen who were inspired by the ideals of the English Revolution".

<span class="mw-page-title-main">Robert Brewster (Roundhead)</span> English landowner of Parliamentarian sympathies

Robert Brewster (1599–1663) was an English landowner of Parliamentarian sympathies who sat in the House of Commons at various times between 1645 and 1659.

Glencairn's rising was a Royalist revolt in Scotland against the Protectorate of Oliver Cromwell from 1653 to 1654. It was led by William Cunningham, 9th Earl of Glencairn (1610–1664), who was given command of the Royalist forces in Scotland by Charles II. Initially successful it began to suffer divisions when John Middleton arrived to replace Glencairn as commander, resulting in a series of duels between officers. It was defeated when Thomas Morgan caught Middleton's army at Dalnaspidal on 19 July 1654. Although the rising was unsuccessful it forced a change of policy by the Cromwellian regime, which now looked for a reconciliation with former Royalists and Engagers.

<span class="mw-page-title-main">Scotland under the Commonwealth</span> Overview of Scottish history under the Commonwealth of England

Scotland under the Commonwealth is the history of the Kingdom of Scotland between the declaration that the kingdom was part of the Commonwealth of England in February 1652, and the Restoration of the monarchy with Scotland regaining its position as an independent kingdom, in June 1660.

<span class="mw-page-title-main">British Interregnum</span> Political event

The interregnum in the British Isles began with the execution of Charles I in January 1649 and ended in May 1660 when his son Charles II was restored to the thrones of the three realms, although he had been already acclaimed king in Scotland since 1649. During this time the monarchial system of government was replaced with the Commonwealth of England.

References