Cromwell's Act of Grace


Cromwell's Act of Grace, or more formally the Act of Pardon and Grace to the People of Scotland, was an Act of the Parliament of England that declared that the people of Scotland 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 declaring 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 a number of ordinances pertaining to the government of Scotland:
The content of the Act of Grace contained:
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, 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.
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, or were in the Scottish army after the Battle of Dunbar on 3 September 1650.
The following paragraph limited the time creditors had to put in claims against the forfeited estates. Claims had to be lodged with named representatives, 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. 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 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.

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 formally went to the Crown and should not 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:
PosNameNote
1James Hamilton, 1st Duke of Hamiltondeceased
2William Hamilton, 2nd Duke of Hamiltondeceased
3John, Earl of Crawford-Lindsay
4James Livingston, 1st Earl of Callendar
5William Keith, 7th Earl Marischal
6Alexander Erskine, 3rd Earl of Kellie
7John Maitland, 2nd Earl of Lauderdale
8John Campbell, 1st Earl of Loudoun
9Kenneth Mackenzie, 3rd Earl of Seaforth
10John Murray, 2nd Earl of Atholl
11Robert Gordon, Viscount of Kenmure
12Archibald, Lord LorneEldest son of Archibald, 1st Marquess of Argyll
13James, Lord MachlinEldest son of John, 1st Earl of Loudoun
14Hugh, Lord MontgomeryEldest son of Alexander, 6th Earl of Eglinton
15George, Lord Spynie
16William Cranstoun, 3rd Lord Cranstoun
17John, 9th Lord Sinclair
18Thomas DalyellLate Major General of the Foot in the Scottish Army,
19John MiddletonLate Lieutenant-General of the Horse in the Scottish Army,
20James, Viscount Newburgh
21John Lord Bargany
22Sir Thomas Thomson
23James Edmeston Lord of Womat
24Archibald Napier, 2nd Lord Napier
25William Cunningham, 9th Earl of Glencairn

Appendix B: List of those fined

The following people were fined:
PosNameAmountNotes
01David Leslie, Lord Newark£4,000Late Lieutenant-General of the Scottish Army
02William Douglas, 1st Marquis of Douglas£1000
03Archibald, Lord Angus£1,000Eldest son to the Marquess of Douglas
04William 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
07William Ker, 2nd Earl of Roxburghe£6,000
08William Cochrane Lord Cochrane£5,000
09James, 2nd Lord Forrester£2,500
10Philip Anstruther.1,000 marks sterlingSon of Sir Robert Anstruther
11Sir Archibald Sterling of Carden.£1,500
12James Drumond of Mackensey£500Laird Machane
13Henry Maule£2,500Son to the Earl of Panmure
14Sir James Livingstone of Kilsyth£1,500
15William Murrey of Polemaise£1,500
16James Erskine, 7th Earl of Buchan£1,000
17John Scrymgeour, Viscount Dudope£1,500
18Preston of Cragmillar£1,500Laird of Craigmillar
19Sir Andrew Flesher of Inner Pether£5,000
20Sir John Wauchab of Nethery£2000
21Earl of Perth, and Lord Drumond his eldest son£5,000
22Earl of Winton£2,000
23Earl of Findlater£1,500
24Alexander Stewart, 5th Earl of Moray£3,500
25James Douglas, 2nd Earl of Queensberry.£4,000
26John Earl of Eithy£6,000
27Lord Duffus£1,500
28Lord Grey£1,500
29Sir Henry Nisbett£1,000
30Patrick Maule, 1st Earl of Panmure£10,000
31Laird of Lundee£1,000
32Earl of Arroll£2,000
33Earl of Tullibardine£1,500
34Earl of Sowthes£3,000
35Earl of Dalhousie£1,500
36Earl of Hartfeild£2,000
37William Lord Rosse£3,000
38Lord Sample£1,000
39Lord Elphinston£1,000
40James, 9th Lord Boyd£1,500
41James Lord Cooper£3,000
42Lord Balvaird£1,500
43Lord Rollock£1,000
44Earl of Kinghorne£1,000
45Earl of Kinkardine£1,000
46Lord 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
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
59Laird of Rothemegordon£500Laird Rothemay, Gordoun
60Colerney, the younger£1,000
61Sir John Scot, of Scots-Torbut£1,500Scottistarbet
62Laird of Gosfrid£1,000
63Laird of Bachilton£1,500
64James Mercer of Aldey£1,000
65Earl of Rothes£1,000
66Lieutenant Colonel Elliot of Stebbs£1,000
67Sir Lewis Stuart£1,000Advocate
68Patrick Scot of Thirleston£2,000Patrik Scott of Thirlestane'
69Sir James Carmighill£2,000Lord Carmichael''
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