[1641/8/22]¹

Procedure: draft legislation

Concerning an act of pacification and oblivion

It is agreed to that in the approaching parliament of Scotland there shall be an act of pacification declaring that the late commotions and troubles arising from the innovations of religion and corruption of church government, by the mercy of God and the king's royal wisdom and fatherly care, are turned into a quiet calm and comfortable peace, lest either his majesty's love or the constant loyalty of his subjects in their intentions and proceedings be hereafter called in question. And that such things as have fallen out in these tumultuous times while laws were silent, whether prejudicial to his majesty's honour and authority or to the laws and liberties of the church and kingdom or to the particular interest of the subject (which to examine in a strict court of justice might prove an hindrance to a perfect peace), may be buried in perpetual oblivion, so it is expedient for making the peace and unity of his majesty's dominions the more firm and faithful, and that his majesty's countenance against all fears may shine upon them all the more comfortably, that an act of pacification and oblivion be made in the parliaments of all the three kingdoms for burying in forgetfulness all acts of hostility, whether between the king and his subjects or between subject and subject or which may be conceived to arise upon the coming of any English army against Scotland or coming of the Scottish army into England, or upon any action, attempt, assistance, counsel or advice having relation thereto and falling out by the occasion of the late troubles preceding the conclusion of the treaty and the return of the Scottish army into Scotland, that the same and whatsoever has ensued thereupon, whether trenching upon the laws and liberties of the kingdom and church or upon his majesty's honour and authority, in no time hereafter may be called in question, nor resented as a wrong, national nor personal, whatsoever be the quality of the person or persons or of whatsoever kind or degree, civil or criminal the injury is supposed to be. And that no mention be made thereof in time coming, neither in judgement nor out of judgment, but that it shall be held and reputed as though never any such thing had been thought nor wrought. And this to be extended not only to all his majesty's subjects now living but to their heirs, executors, successors and all others whom it may concern in any time to come and for that end that by the tenor of this statute all judges, officers and magistrates whatsoever be prohibited and discharged of directing of warrants for citation, processing or executing any sentence or judgment upon record or in any way molesting any of his majesty's lieges concerning the premises in all time coming. Likewise that his majesty for himself and his successors promises in the first word never to come in the contrary of this statute and sanction nor anything contained therein, but to hold the same in all points firm and stable, and shall cause it to be truly observed by all his majesty's lieges according to the tenor and intent thereof, for now and ever. And that in all time coming these determinations shall have the full force and strength of a true and perfect security, as if they were extended in most ample and legal form, providing that the benefit of the said statute shall in no way be extended to any of the Scottish prelates, or to John [Stewart], earl of Traquair, Sir Robert Spottiswood [of Dunipace], Sir John Hay [of Bara] and Master Walter Balcanquall cited and pursued as incendiaries between the kingdoms and between the king and his people, and for bribery, corruption and many other gross crimes contained in their charges, general and special; nor to any other persons who are cited and shall be found by the parliament of Scotland in his majesty or his commissioners their own hearing to be so extraordinarily guilty of these and the like crimes as they cannot in justice and with the honour of the king and country pass from them. Provided further that the benefit of this act shall not be understood to extend to the favour of thieves, robbers, murderers, broken men, sorners, outlaws nor their receivers, with reservation also of the legal pursuits and process of the Scots in Ireland for the reparation of their losses, according to justice against such who have illegally wronged and persecuted them since by one of the articles of the treaty they are appointed to be restored to their means and estate. It is also to be understood that nothing is meant hereby to be done in prejudice either of the payment of the debts owing upon promise or security by the Scottish army to any of the counties or to any person there (the same being instructed before the removal of the Scottish army) or of the arrears due to the Scottish army or to that brotherly assistance granted to them by the parliament of England. That the great blessing of a constant and friendly conjunction of the two kingdoms now united by allegiance and loyal subjection to one sovereign and head may be firmly observed and continued to all posterity, it is agreed that an act be passed in the parliament of England that the kingdoms of England or Ireland shall not denounce nor make war against the kingdom of Scotland without consent of the parliament of England; as on the other part it shall be enacted there that the kingdom of Scotland shall not denounce nor make war against the kingdoms of England and Ireland without consent of the parliament of Scotland. No ships either of the king's or freebooters or others shall stop the trade of the kingdom or hinder or harm their neighbouring kingdom without consent of parliament declaring a breach of peace, and if any armies shall be levied or trade stopped and neighbours harmed or wronged, the states of the country by which it is done to be obliged to pursue, take and punish the offenders with all rigour, and if any of the kingdoms assist, receive or harbour them, they are to be punished as breakers of the peace. And if after complaint and remonstrance to the commissioners after-mentioned and to the parliament redress and reparation be not made, then and in that case the same to be counted a breach of the peace by the whole kingdom. And in case any of the subjects of any of the kingdoms shall rise in arms or make war against any other of the kingdoms and subjects thereof without consent of the parliament of that kingdom whereof they are subjects or upon which they do depend, that they shall be held, reputed and dealt with as traitors to the states whereof they are subjects. And that both the kingdoms in the cases aforesaid are bound to concur in the repressing of those that shall happen to arise in arms or make war without consent of their own parliament. And that the way for convening forces for suppressing such as levy war be as in case of invasion, provided that this be not extended to particular quarrels upon the borders, and that it be enacted that in such case it shall be lawful for any of the subjects to convene to suppress such evil affected persons, and that each kingdom shall be bound by public faith punctually to perform this article. And if either parliament shall denounce war, they shall give three months' warning that the peace to be now established may be inviolably observed in all time to come. It is agreed that some shall be appointed by his majesty and the parliaments of both kingdoms who in the interim between the sitting of the parliaments may be careful that the peace now happily concluded may be continued, and who shall endeavour by all means to prevent all trouble and division. And if any debate or difference shall happen to arise to the disturbance of the common peace, they shall labour to remove or compose them according to their power, it being supposed that for all their proceedings of this kind they shall be answerable to the king's majesty and the parliaments. And if anything shall fall out which is above their power and cannot be remedied by them, they shall inform themselves in the particulars and represent the same to the king's majesty and the ensuing parliaments that by their wisdom and authority all occasions and causes of troubles being removed the peace of the kingdom may be perpetual to all posterity. And it is declared that the power of the commission shall be restrained to the articles of peace in this treaty, whereas it is desired that an act may be made in the parliament of England for ratifying of the treaty and all the articles thereof, which is likewise to be ratified in the parliament of Ireland (which in all the articles is comprehended under the name of England). And after the treaty is confirmed in the said English parliament and all other necessary conditions performed, the armies on both sides shall, at a certain day to be appointed for that effect, disband and remove, so that when the Scottish army shall remove from Newcastle, the English army shall likewise be disbanded and repair home to their several countries and places of residence; and the Irish army to disband before that time, that hereafter a quiet and durable peace may be kept according to the articles. And that this treaty and whole proceedings thereof may be likewise ratified in the parliament of Scotland and a firm peace established, it is desired that his majesty may be graciously pleased now to declare that the ensuing parliament of Scotland shall have full and free power as the nature of a free parliament of that kingdom does of itself import to ratify and confirm the treaty and whole articles thereof, and to receive account of all commissions granted by them, examine their proceedings and grant exonerations thereupon, and to treat, deliberate and conclude and enact whatsoever shall be found conducible to the settling of the good and peace of that kingdom. And that his majesty's commissioners shall be authorised with full power to approve whatsoever acts and statutes which upon mature deliberation shall happen to be accorded to by the estates in that behalf, and shall sit and continue without interruption or prorogation until all things necessary for that effect be determined, enacted and brought to a final conclusion, unless for better conveniency of affairs his majesty's commissioner, with the special advice and consent of the estates, shall think fit to adjourn the same to any other time, which shall in no way derogate from the full and perfect concluding of the whole premises before the said parliament be dissolved.

This whole article is assented to but in so far as concerns the days and circumstances of disbanding to be agreed upon, forasmuch as the several jurisdictions and administration of justice in either realm may be deluded or frustrated by delinquents for their own impunity, if they shall commit any offence in the one realm and thereafter remove their persons and make their abode in the other, therefore, that no person sentenced by the parliament of either nation as incendiaries between the nations or between the king and his people shall enjoy any benefit, civil or ecclesiastical, or have any shelter or protection in any other of his majesty's dominions. Likewise where malefactors and criminals guilty of the crimes mentioned in the act of parliament 1612, chapter 2 and others of that nature, and committed by Scottish men within the kingdom of England or Ireland or any part thereof are taken and apprehended in England or Ireland, that it shall be lawful to the justiciaries of England or Ireland to remand them to Scotland as the act bears. And further, if any malefactors committing crimes in Scotland, England or Ireland being duly processed in the kingdom where the crimes were committed and being fugitives and remaining in any other of the kingdoms foresaid, that the judges of either kingdoms shall be held at the instance and suit of the party offended to take and remand the criminals and malefactors to the kingdoms where the crimes were committed, and the like act to be made in Scotland, and this act would be extended as well to debts as crimes. And what further is requisite concerning this and other particulars for settling the peace in the middle shires and accelerating justice upon delinquents, both civil and criminal, is to be considered by the committee to be appointed for that effect. It is answered that such persons as shall be natives in either kingdom and shall commit any offence in the realm whereof they shall be natives, and shall afterwards remove their persons into the other, and such persons as shall be inhabitants in either kingdom and shall commit any offence in the realm where they shall be inhabitants during the time of their habitation there, and shall afterwards remove their persons into the other and shall be for that same censured by the parliament of that nation where the offence was committed as incendiaries between the nations or between the king and his people, shall not enjoy any benefit, civil or ecclesiastical, or have any protection in any other of his majesty's dominions. And that such Scottish natives incensing the king of England against the kingdom of Scotland shall be remanded at the desire of the Scottish parliament into Scotland to abide their trial and censure there, so that the same be reciprocal to both nations but other criminals and debts to be referred to the laws.