Procedure: draft legislation
Conserneing ane act of pacification and oblivioun

It is agreed wnto that in the approaching parliament of Scotland ther shall be ane act of pacificatione declairing that the late commotiones and troubles arysing from the innovationes of religioun and corruptione of churche government, by the mercy of God and the kingis royall wisdome and fatherlie caire, are turned into a quyet calme and comfortable peace, least either his majesties love or the constant loyallty of his subjectes in ther intentiones and proceedings be heireftir callit in question. And that such thingis as have falline forth in these tumultuous tymes whill lawes wer silent, whither prejudiciall to his majesties honnour and auctoritie or to the lawes and liberties of the church and kingdome or to the particular intrest of the subject (which to examine in a strict court of justice might prove ane hinderance to a perfyte peace), may be buried in perpetuall oblivion, so it is expedient for making the peace and unity of his majesties dominiones the more firme and faithfull, and that his majesties countenance againest all feires may shyne upon them all the more comfortably, that ane act of pacification and oblivion be mad in the parliamentes of all the three kingdomes for burieing in forgetfullnes all actes of hostility, whither betuene the king and his subjectis or betuene subject and subject or which may be conceived to aryse wpoun the comeing of any Englishe army against Scotland or comeing of the Scottishe army into England, or upon any actione, attempt, assistance, counsell or advyse haveing relatione therwnto and falling out by the occasione of the late troubles preceeding the conclusione of the treattie and the returne of the Scottishe army into Scotland, that the same and quhatsoevir heath ensued therwpoun, whither trenching wpoun the lawes and liberties of the kingdome and churche or wpoun his majesties honnour and authoritie, in no tyme heirefter may be callit in questione, nor resented as a wrong, nationall nor personall, whatsoevir be the quality of the persone or persones or of whatsoevir kynd or degree, civill or criminall the enjurie is supposed to be. And that no mentioun be mad therof in tymecomeing, neither in judgement nor out of judgment, bot that it shall be held and reputed as though never any such thing had bene thought nor wrought. And this to be extendit not only to all his majesties subjectes now liveing bot to there heires, executoris, successoures and all other whom it may conserne in ony tyme to come and for that end that by the tennour of this statute all judges, officeris and magistrates whatsoevir be prohibited and dischairged of directing of warrantes for citatione, processing or executing any sentance or judgment wpon record or any way molesting any of his majesties leiges conserneing the premiss in all tymecomeing. Lykeas that his majestie for himselfe and his successoures promeiseth in verbo principis never to come in the contrarie of this statute and sanctione nor any thing therineconteyned, bot to hold the same in all poyntes firme and stable, and shall cause it to be truelie observed by all his majesties leiges according to the tennour and intent therof, for now and evir. And that in all tymecomeing these presentes shall have the full force and strenth of a trewe and perfyte securitie, as if they ware extendit in most ample and legall forme, provyding that the benefiet of the said statute shall nowayes be extendit to any of the Scottishe prelatis, or to Johne, erle of Traquair, Sir Robert Spotswood, Sir Johne Hay and Maister Walter Ballcanquell cited and persued as incendiaries betuixt the kingdomes and betuixt the king and his people, and for brybrie, corruptione and many other grosse crymes conteyned in thair chairges, generall and speciall; nor to any other persones who are cited and shall be fund by the parliament of Scotland in his majestie or his commissioneris ther owne heiring to be so extraordinarlie guilty of these and the lyke crymes as they cannot in justice and with the honnour of the king and cuntrey pass from them. Provydit further that the benefiet of this act shall not be wnderstood to extend to the favour of theives, robberes, murthureres, brokine men, sorners, outlawes nor ther receptores, with reservatione also of the legall persuites and process of the Scottes in Ireland for the reparatione of ther losses, according to justice againest such who have illegally wronged and persecuted them since by one of the articles of the treattie they are appoynted to be restored to ther means and estate. It is also to be wnderstood that nothing is meaned heerby to be done in prejudice ither of the payment of the debtes oweing wpoun promeise or securitie by the Scottishe army to any of the counties or to any persone there (the same being instructed before the removall of the Scottishe army) or of the arreares due to the Scottishe army or to that brotherlie assistance granted to them by the parliament of England. That the great blissing of a constant and freendlie conjunction of the tuo kingdomes now united by alleageance and loyall subjectione to one soveragne and head may be firmlie observed and continoued to all posteritie, it is agreed that ane act be past in the parliament of England that the kingdomes of England or Ireland shall not denunce nor make warre againest the kingdome of Scotland without consent of the parliament of England; as one the other pairt it shall be enacted there that the kingdome of Scotland shall not denunce nor make warre againes the kingdomes of England and Ireland without consent of the parliament of Scotland. No shipes either of the kingis or freebooteris or otheres shall stoope the trade of the kingdome or hinder or herme ther neighbour kingdome without consent of parliament declairing a breach of peace, and if any armies shall bee levyed or trade stooped and neighboures harmed or wronged, the states of the cuntrie by which it is done to be obleidged to persue, take and punishe the offenderes withall rigour, and if any of the kingdomes assist, receive or harbour them, they are to be punished as breakeres of the peace. And if efter complaint and remonstrance to the commissioneres efter mentionat and to the parliament redresse and reparatione be not made, then and in that caise the same to be counted a breach of the peace by the whole kingdome. And incaise any of the subjectes of any of the kingdomes shall ryse in armes or make warr againest any other of the kingdomes and subjectes therof without consent of the parliament of that kingdome wherof they are subjectes or wpon which they doe depend, that they shall be held, reputed and demaned as tratoures to the states wherof they are subjectes. And that both the kingdomes in the caises afoirsaid are bund to concurre in the repressing of these that shall happine to aryse in armes or make warre without consent of there owne parliament. And that the way for conveeneing forces for suppressing such as leivie warre be as in case of invasione, provydit that this be not extendit to particular quarrelles wpon the borderes, and that it be enacted that in such case it shall be laufull for any of the subjectes to conveene to suppress such evill affected persones, and that each kingdome shall be bund by publict faith punctually to performe this article. And if either parliament shall denunce warre, they shall give thre monethes warneing that the peace to be now established may be inviolablie observed in all tyme to come. It is agreed that some shall be appoynted by his majestie and the parliamentes of both kingdomes who in the interim betuixt the siting of the parliaments may be cairfull that the peace now happilie concludit may be continoued, and who shall endevore by all meanes to prevent all trouble and divisione. And if any debaite or difference shall happine to aryse to the disturbance of the commoune peace, they shall labour to remove or compose them according to ther pouer, it being supposed that for all there proceedingis of this kynd they shall be ansuerable to the king's majestie and the parliamentes. And if any thing shall fall forth which is above there pouer and cannot be remedied by them, they shall informe themselves in the particulares and represent the same to the kingis majestie and the ensueing parliamentes that by ther wisdome and auctoritie all occasiones and causes of troubles being removed the peace of the kingdome may be perpetuall to all posteritie. And it is declaired that the pouer of the commissione shall be restrained to the articles of peace in this treattie, whereas it is desyred that ane act may be made in the parliament of England for ratifieing of the treattie and all the articles thairof, which is lykewayes to be ratified in the parliament of Ireland (which in all the articles is comprehendit wnder the name of England). And eftir the treattie is confirmed in the said Englishe parliament and all other necessarie conditiones performed, the armies one both sydis shall, at a certane day to be appoynted for that effect, disband and remove, so that when the Scottishe armie shall remove from Newcastle, the Englishe armie shall lykewayes be disbandit and repair home to their severall contries and places of residence; and the Irishe army to disband before that tyme, that heireftir a quyet and durable peace may be keeped according to the articles. And that this treattie and whole proceedingis therof may be lykewayes ratified in the parliament of Scotland and a firme peace established, it is desyred that his majestie may be gratiouslie pleased now to declaire that the ensweing parliament of Scotland shall have full and free pouer as the nature of a free parliament of that kingdome doeth of it selfe import to ratifie and confirme the treattie and whole articles therof, and to receive accompt of all commissionis granted be them, examine ther proceedingis and grant exonerationes therwpon, and to treate, deliberat and conclud and enact whatsoevir shall be fund conduceable to the setling of the good and peace of that kingdome. And that his majesties commissioneris shall be authorized with full pouer to approve whatsoevir actes and statutes which wpoun mature deliberatione shall happine to be accordit wnto by the estates in that behalfe, and shall sit and coutinowe without interruptione or prorogatione whill all thingis necessary for that effect be determined, enacted and brought to a finall conclusione, wnles for bettir conveniency of effaires his majesties commissioner, with the speciall advyse and consent of the estates, shall thinke fit to adjorne the same to any other tyme, which shall nowayes derogat from the full and perfyte concluding of the whole premisse befor the said parliament be dissolved.

This whole article is assented wnto but in so far as concernes the dayes and circumstances of disbanding to be agreed wpoun, forasmuche as the severall jurisdictiones and administratione of justice in either realme may be deludit or frustrated by delinquentes for ther owne impunity, if they shall commit any offence in the one realme and thereftir remove ther persones and make there abode in the other, therefor, that no person sentanced by the parliament of either natione as incendiaries betuixt the nationes or betuixt the king and his people shall enjoy any benefiet, civill or ecclesiasticall, or have any shelter or protectione in any other of his majesties dominiones. Lykeas where malefactoures and criminalles guilty of the crymes mentioned in the act of parliament 1612, cap. 2 and otheres of that nature, and committed by Scottish men within the kingdome of England or Ireland or any pairt therof are takine and apprehendit in England or Ireland, that it shall be laufull to the justiciaries of England or Ireland to remand them to Scotland as the act beires. And further, if any malefactoures commiting crymes in Scotland, England or Ireland being duelie processed in the kingdome wher the crymes was commited and being fugitives and remayneing in any other of the kingdomes foirsaid, that the judges of either kingdomes shall be holden at the instance and sut of the pairtie offendit to take and remand the criminallis and malefactores to the kingdomes wher the crymes was committed, and the lyke act to be made in Scotland, and this act would be extendit alsweell to debtes as crymes. And what further is requisit conserneing this and other particulares for setling the peace in the middle shyres and accelerating justice wpon delinquentes, both civill and criminall, is to be considerit by the committee to be appoynted for that effect. It is ansuered that such persones as shall be natives in either kingdomes and shall commit any offence in the realme wherof they shall be natives, and shall eftirwardis remove ther persones into the other, and suche persones as shall be inhabitantes in either kingdome and shall commit any offence in the realme wher they shall be inhabitantes dureing the tyme of ther habitatione ther, and shall eftirwardis remove ther persones into the other and shall be for that same censured by the parliament of that natione where the offence was committed as incendiaries betuixt the nationes or betuixt the king and his people, shall not enjoy any benefiet, civill or ecclesiasticall, or have any protectione in any other of his majesties dominiones. And that suche Scottishe natives incensing the king of England against the kingdome of Scotland shall be remandit at the desyre of the Scottishe parliament into Scotland to abyde there tryell and censure there, so that the same be reciprocall to both nationes bot other criminalles and debtes to be referred to the lawes.

  1. NAS, PA2/22, f.103v-106r.