[1662/5/87]¹

The king's majesty's gracious and free pardon, act of indemnity and oblivion

The king's most excellent majesty, considering that by the late troubles diverse of his subjects of this his ancient kingdom of Scotland have fallen under and are involved in many great crimes, faults, offences and other deeds of commission and omission, whereby they have contravened the laws of this kingdom and thereby rendered themselves liable to the pains, penalties and censures due thereto; and being most desirous that a perfect peace is settled in this kingdom, and that all his good subjects may be sensible of and enjoy the happiness and blessings of his government, and that no crime, offence or other deed whatsoever committed against his majesty or his royal father, of blessed memory, or by any of his majesty's subjects against another in relation to the late troubles, shall hereafter rise in judgment or be brought in question against any of them before any judge civil or criminal, to the prejudice either of their lives, estates, offices, privileges, liberties or reputations, but that all seeds of future differences and remembrance of former proceedings, may as well, by his majesty as by his subjects one towards another, be forgotten, and that all names of reproach or distinction which have been used, or may revive the memory of the late differences, are buried in oblivion; therefore his majesty, of his signal prudence, grace and goodness does, with advice and consent of his estates of parliament, declare, statute and ordain that all manner of treasons, rebellions, murders, offences, crimes, contempts, injuries, misdemeanours and all other deeds, as well of commission as omission, committed,² acted or done by any person or persons, by virtue of any power or warrant of any pretended parliament, council or their committees, commanders of armies, or others pretending authority under whatsoever title, name or designation, since 1 January 1637, and before 1 September 1660 (other than such as are hereafter excepted in this present act) be and are hereby pardoned, released, indemnified and discharged; and that all and every person and persons or incorporations acting, advising, assisting or abating the same, and their heirs, executors and successors (except as shall be hereafter excepted) are hereby pardoned and indemnified and discharged thereof, and of all pains of forfeiture, death, fines, imprisonment, banishment and other pains, penalties, action and question, civil or criminal; and of all decreets, sentences, acts or orders passed thereupon, and all other damage, prejudice and inconveniences whatsoever they or any of them might or may be liable to for the same; all which pains, sentences and others foresaid are hereby declared void and null in all time coming; and that this free and general pardon, indemnity and oblivion shall be as effectual in law to every one of his majesty's subjects, and bodies politic and incorporate, and person or persons whatsoever, in for and against all things (which are not after excepted) as if the said persons' crimes, offences, injuries, deeds, misdemeanours, penalties, decreets, sentences and orders had been specially and particularly here inserted and in express words, pardoned and released; and that none are hereafter, in any manner of way, pursued or questioned for the same, but that this act shall be, in all cases in judgment and outwith the same, a sufficient defence and exoneration to all parties concerned; and also discharging hereby all and sundry judges, civil and criminal, to give order for intending any process, either at the instance of his majesty's advocate against the subjects, or at the instance of any of the subjects against another, for any of the said crimes, faults, offences or other deeds, or to proceed in any process already intended or to be intended thereupon. And his majesty, with advice foresaid, does hereby statute and ordain that every clause and word in this present act is to be understood and interpreted in the most favourable sense so that the expression may bear for indemnity of the whole persons who may have interest therein; excepting always, from this present act and the pardon and indemnity therein contained, all such persons (if any be) who were guilty of and accessory to any previous transactions and bargains of money for carrying on of that procedure concerning his majesty's person condemned by the tenth act of the first session of this present parliament, and excepting all such (if any be) who, upon any contrivance, were art and part of the horrid murder of his late majesty, of blessed memory, and likewise excepting all private murders, thefts, witchcrafts, incests, buggeries, briberies, forging of false writs, perjuries, usuries and other crimes of that nature not relating to the late troubles, and the accounts of all such persons as have intromitted with any of his majesty's revenues, public impositions, excise, fines, forfeitures, sequestrations and all other public money for which they had not order, warrant or assignment (for their own private use) or for which they have not duly accounted and received discharges thereof from such as pretended to have the authority for the time to do the same, and also excepting all such persons who have been forfeited or declared fugitives in this present parliament, or by the committee of estates since August 1660, and particularly excepting the decreets of forfeiture against Archibald Campbell, late marquis of Argyll, Archibald Johnston, sometime called Sir Archibald Johnston of Wariston, John Swinton, sometime called of Swinton, James Guthrie, William Govan, John Home and William Dundas, James Campbell, sometime called of Ardkinglas and James Campbell, sometime called of Orinsay, which decreets are to stand in full force and have further execution conforming to the tenors thereof. And likewise, excepting all decreets, sentences, assignments and orders passed, given and renewed by this present parliament in favour of any person or persons, and without prejudice of the generality foresaid, excepting such persons as to the payment of such sums of money as are respectively expressed in another act passed in this parliament entitled, act concerning some exceptions from the act of indemnity.