HIs Highnesse the Lord Protector of the Commonwealth of England, Scotland, and Ireland, and the Dominions thereunto belonging, being de­sirous, that the mercies which it hath pleased God to give to this Nation, by the successes of their Forces in the late War in Scotland, should be improved for the good and advantage of both Nations, and the People of Scotland made equal sharers with those of England, in the present set­tlement of Peace, Liberty and Propertie, with all other Privileges of a Free People, Doth Ordain and Declare, And be it Ordained and Declared by His Highnesse the Lord Protector, with the consent of His Council, That all persons of the Scottish Nation, of what degree or quality soever they or any of them are (except the persons hereafter in this Ordinance particularly excepted) shall be, and are hereby, and from and after the first day of May, in the year, One thousand six hundred fifty four, Freed, Acquitted and Discharged, from all forfeitures, pains, penalties, mulcts, [...]rie, restraints, imprisonment or imprisonments, punishment or punishments whatsoever (other then is hereafter in this Ordinance expressed) for any [...]y them, or any of them committed or done by Sea or Land, in relation to the late War, or any preceding Wars between the two Nations; And that [...] aforesaid, there shall be from and after the said first day of May, aforesaid, no Sequestration, Confiscation, Fine, Penalty, Forfeiture or Punishment, [...] them, or any of them, (otherwise than as is hereafter in this Ordinance expressed) but the same shall be put in perpetuall Oblivion.

[...] and personal of all persons of the Scottish Nation (except as is hereafter in this Ordinance excepted and provided) shall be, and [...]h, freed, discharged and acquitted, from all Sequestrations, Confiscations, Fines, Penalties, and Forfeitures whatsoever, for any mat­ [...]f them committed or done, in relation to the aforesaid Wars between the two Nations.

[...] out of this present Ordinance, and all benefit thereof, Henrietta Maria, the Relict and late Queen of the late King Charls Deceased; [...] James Stuart their second son, and all the Honors, Mannors, Castles, Houses, Messuages, Forests, Chases, Parks, and Lands, and [...] Royalties, Privileges, Franchises, Immunities, Rents, and Appurtinances to them, or any of them in Scotland, belonging or [...]ed or enjoyed by them, or any of them, as part or parcel thereof; and also all the Goods and Chattels, and all the Eliates, both [...]retofore belonging to the late King Charls Deceased, either in right of the Crown of Scotland, or in any other right or capacitie, or [...]t and late Queen of the said King, or unto Charls Stuart their eldest son, or James Stuart their second son, or unto any other the [...] King Charls, or otherwise belonging unto them, or any of them, and which were in the actual seizin or possession of them, or any [...] their Tenants, Agents, Servants, Trustees, Officers, or Ministers in their Right, and for their use, or in trust for them, or any of [...]th day of March, in the year of our Lord, One thousand six hundred twenty and five, or at any time since, or for which they, or [...]wered the profits, or might, or ought to have received the same in the year aforesaid, or at any time since, and all reversions o [...] re­ [...]ers of any Estate or [...]tes, to them, or any of them belonging or appertaining, and that free from all manner of Estates, Titles, Interests, Debts, Charges, and incumbrances whatsoever, wherewith the said Lands or premisses, or any of them stand or stood charged or chargeable with, or are pretended to stand charged or chargeable with, at any time since the first day of May, One thousand six hundred fourty two, and not before. And also excepted out of this present Ordinance, and all benefit thereof, James late Duke of Hamilton, deceased, William, late Duke of Hamilton, deceased, John Earl of Crawford-Lindsey, James Earl of Calender, Earl Marshall, Earl of Kedey, John Earl of Lawderdail, John Earl of Lowdoun, Earl of Soaforth, Earl of Ath [...]l, Viscount Kenmure, Lord Lorne, eldest son of the Marquesse of Argile, Lord Machlin, eldest son of the Earl of Lowdoun, Lord Montgomerie, eldest son of the Earl of Egglintoun, George Lord Spynie, Lord Cranston, Lord Sinclair, Thomas Dalyel, late Major General of the Foot in the Scottish Army, John Middletoun, late Lieutenant General of the Horse in the Scottish Army, James Viscount Newburgh, Lord Bargany, Sir Thomas Thomson, James E [...]meston, Lord of Womat, Lord Napier, William Earl of Glencarn and all the Honors, Manors, Castles, Houses, Messuages, Forests, Chases, Parks, and Lands, and all Tenements and Hereditaments, Royalties, Privi­leges, Franchises, Immunities, Rents and Appurtenances to them, or any of them, belonging, or appertaining or on the eighteenth day of April, in the year of our Lord, One thousand six hundred fourtie eight, lawfully used or enjoyed, with them or any of them, as part or parcel thereof, and also all the goods, and chattels, and all the estates, both real and personal, belonging unto the said James, late Duke of Hamilton Will. late Duke of Hamilton, John E. of Crawford Lindsey, James E. of Calender, Earl Marshal, Earl of Kelley, John Earl of Lawderdaile, John Earl of Lowdoun, Earl of Seaforth, Earl of Athole, Viscount Kenmure, Lord Lorne, Lord Machlin, Lord Montgomery, George Lord Spynie, Lord Cranston, Lord Sinclaire, Thomas Dalyell, John Middletoune, James Viscount Newburgh, Lord Bargany, Sir Thomas Thomson, James Edmeston, Lord Napeir, William Earl of Glencai [...]ne, or any of them, and which were in the actuall s;eizin or posses­sion of them, or any of them, or of their, or either of their Tenants, Agents, Servants, Trustees, Omcers, or Ministers, in their right, and for their use, or in trust for them or any of them, on the eighteenth day of April, in the year of our Lord, One thousand six hundred fourtie eight, or at any time since, or for which they, or any of them, have of right been answered the profits, or might or ought to have received the same, at the time aforesaid, or at any time since, and all Reversions or remainders of any Estate or Estates, to them, or any of them belonging, or appertaining, and that free from all and all manner of Estates, Titles, Interests, Debts, Charges, and Incumbrances whatsoever, where with the said Lands and premisses or any of them, stand, or stood charged or chargeable with, or are pretended to stand charged or chargeable with, by force of any Act or Acts, Deed, Grant, or other thing done by any of the Persons before named, at any time since the said eighteenth day of April, One thousand six hundred fourty and eight, and not before. And also excepted out of this present Ordinance, and all benefit thereof, all the Estate, right, interest, claim and demand, of James Lord Mordington, of, in, or to, the Maudlain Field, Sunck, Cony-garth, Constables-Batt, Two Wa­ter-mils, and a Wind-mil lying within Barwick bounds. And also excepted out of this present Ordinance, and all benefit thereof, all and all manner of Estates, Titles, Interests, Debts, Charges, and Incumbrances whatsoever, claimed out of any the Estate, or Estates of any of the persons excepted as aforesaid, or of any other person or persons as sureties for them, or any of them, by, for, or in right, and to the use of any Person or Persons whatsoever, who sitting as a Member or Members of the late Parliament of Scotland, in the Year, One thousand six hundred fourty and eight, did not protest in the great Protestation made in the said Parliament, against the proceedings of the said Parliament, by which the Army was raised under James Duke Hamilton, or that Invaded England with the said James Duke Hamilton, in the said year, or that sate in the late Parliament, or Committee of Estates of Scotland, from and after the Coronation of Charls Stuart, in the year, One thousand six hundred fiftie and one, or that since the Battle of Dumbar, on the third day of September, One thousand six hundred and fiftie, [Page]served in Arms in Scotland under the said Charles Stuart, or any Commissionated by him, or his Authority, or that invaded England with the said Charles Stuart, or any of his Forces, in the said year, One thousand six hundred fiftie and one, which said Estates, Titles, Interests, Debts, Charges and Incumbrances, are by Authority aforesaid, released, and discharged (such onely excepted, who have deserted the said Charles Stuart, and not born Arms against the Parlia­ment, since the said third day of September, One thousand six hundred and fiftie; as also such whose merits and services to this Commonwealth, have rendred them capable of being taken into a more favourable consideration by his Highnesse.)

Provided alwayes, And be it Ordained, That all and every Person and Persons whatsoever, claiming any Estate, Title, Interest, Debts, Charge or Incumbrance, out of any the Estate or Estates, excepted as aforesaid, do and shall within threescore dayes after Publick Proclamation made of this Ordinance, in the Countie where the Person making such claim doth live, enter his and their respective claims, with John Swinton, of Swinton Esq; William Lawrence, Esq; George Smith, Esq; Sir James Mac-Dowel of Garthland, Samuel Disbrow, John Thompson, Esquires, or any three of them, and make the truth and reality of them sufficiently appear un­to the said John Swinton, William Lawrence, George Smith, Sir James Mac-dowel, Samuel Disbrow, and John Thompson, or any three of them, within four Moneths after such entry made, and obtain from them or any three of them a Certificate of their allowance of such Claim and Claims, and that in default there­of, the said Estates, Titles, Interests, Debts, Charges, and Incumbrances, be, and the same are hereby Declared, as well to Sureties as Principals, discharged, and made null and void; Provided also that all and every the Debts, Charges, and Incumbrances, upon all and every the Estate and Estates aforesaid, which shall be to allowed, shall be paid and satisfied by such wayes, and in such manner onely, as shall be hereafter Declared and appointed by his Highnesse the Lord Protector, by and with the consent of his Councill. And it is further Ordeined by the Authority aforesaid; That Lands of the clear yearly value of four hundred pounds sterling, over and above all charges, and reprises, be setled upon the Lady Anne Hamilton, eldest Daughter of the said James Duke Hamilton, and her Heirs, charged with the payment of the yearly Rent of twenty pounds Sterling, to His Highnesse the Lord Protector, and his Successors for ever. And that Lands of the yearly value of two hundred pounds Sterling, over and above all charges and reprises, be setled upon the Lady Susan Hamilton, one other of the Daughters of the said James Duke Hamilton, and her Heirs, out of the Estate of the said James and William late Duke Hamilton, charged with the payment of the yearly Rent of ten pounds Sterling, to his Highnesse the Lord Protector and his Successors for ever. And that Lands of the yearly value of four hundred pounds Sterling, over and above all charges and reprises, be setled upon Elizabeth Dutches of Hamilton Widow, and Relict of William late Duke Hamilton deceased, for term of her naturall life, and after her decease, to the four Daughters of the said William, by the said Dutches, to be equally divided amongst them, and to their Heirs for ever, out of the Estate of the said William or of James late Duke Hamilton, charged with the payment of the yearly Rent of twenty pounds Sterling, to His Highnesse the Lord Protector and his Successors for ever. And that Lands of the clear yearly value of four hundred pounds Sterling, over and above all charges and reprises, be likewise setled out of the Estate of the said John Earl Crawford, upon Countess of Crawford, his now Wife for her life, and after her decease, upon the issue of her body, by the said Earl begotten, and their Heirs, charged with the payment of the yearly Rent of twenty pounds Sterling, to His Highnesse the Lord Protector and his Successors for ever. And that Lands of the clear yearly value of four hundred pounds Sterling, over and above all charges and reprises, be setled upon Countesse of Lowdoun and her Heirs for ever, out of the Estate of the said John Earl of Lowdoun, charged with the pay­ment of the yearly Rent of twentie pounds Sterling, to his Highness the Lord Protector and his Successors for ever: She the said Countess of Loudown accept­ing thereof, in lieu of all Joyntore, Dower, or any other Interest or Title the hath, or may cla [...]m, in possession, reversion, or remainder of, in, or to the Estate of the said John Earl of Lowdoun, or Lord Mach [...]in, or of e [...]ther of them, or by them, or either of them, claimed a right of the said Countess, and re­leasing the same by the time hereafter in this Ordinance appointed, and in such manner as is herein directed; which release shall be good and effectuall in Law, to bar the said Countess of Lowdoun and her Heirs. And be it further Ordeined, That the Countess of Calender, shall hold and enjoy all and every the Lands, Tenements, and Hereditaments, conveyed for her Joynture, from late Earl of Dumfermling, her former Husband. And that Lands of the clear yearly value of two hundred pounds Sterling, over and above all charges and reprises, be setled upon Mary eldest Daughter of Earl Mar­shal, and her Heirs; And that La [...]ds of the yearly value of one hundred and fifty pounds Sterling, over and above all charges and reprises, be setled on each of the other Daughters of the said Earl Marshal, vix. Elizabeth, Isabel, and Jane, and their Heirs respectively, out of the Estate of the said Earl Marshall, excepted as aforesaid, charged with the payment of the yearly Rent of thirty two pounds ten shillings Sterling, unto his Highnesse the Lord Protector and his Successors for ever, to be apportioned in the Grants of the respective Lands rateably. And that Lands of the clear yearly value of three hundred pounds Sterling, over and above all reprises, be setled upon Countesse of Lowderdaile, and the Heirs of the Body of John Earl of Lowderdaile, of the body of the said Countess begotten, or to be begotten, out of the Lands and Estate of the said Iohn Earl of Lowderdaile, excepted as afore­said, charged with the payment of the yearly Rent of fifteen pounds Sterling, to His Highnesse the Lord Protector and his Successors for ever. And that Lands of the clear yearly value of two hundred pounds Sterling, over and above all reprises, be setled upon the now wise of the said Lord Cranston, of the Heirs of the Body of the said Lord Cranston, of the Body of his said Wife begotten, or to be begotten, out of the Lands and Estates of the said Lord Cranston, excepted as aforesaid, charged with the payment of the yearly Rent of ten pounds Sterling, unto His Highness the Lord Prote­ctor, and his Successors for ever. And that Lands of the clear yearly value of two hundred and fifty pounds Sterling, over and above all reprises, be setled upon the now Wife of Lord Bargany, and the Heirs of the Body of the said Lord Bargany, on the body of his said now Wife begotten, or to be begotten, out of the Lands and Estate of the said Lord Bargany, excepted as aforesaid, charged with the payment of the yearly Rent of twelve pounds and ten shillings Sterling money, unto his Highness the Lord Protector, and his Successors for ever. And that Lands, of the clear yearly value of one hun­dred and twenty pounds sterling, over and above all reprises, be setled upon the now Wife of the said Sir Thomas Thompson, and the Heirs of the said Sir Tho­mas Thompson, of the Body of his said now Wife begotten, or to be begotten, out of the Estate of the said Sir Thomas Thompson; excepted as aforesaid, charged with the yearly Rent of six pounds, to be paid unto His Highnesse the Lord Protector, and his Successors for ever. Provided that before any such settlement shall be made unto any the Persons above mentioned, out of the Lands excepted by this Ordinance, or that any of the said Persons shall be permitted to enjoy any benefit by any the clauses aforesaid, all and every the said Person and Persons, being the now Wife, Childe, or Children of any the Persons excepted and excluded from the benefit of this Ordinance, shall before the five and twentieth day of December, which shall be in the year of our LORD, One thousand six hundred fiftie four, by Deed, under her or their Hands and Seals respectively, Release all her and their Claim, Title, and demand of Dower, Joynture, and other Interest in possession, re­version, or remainder, of, in, or to all and every the Lands, Tenements, and Hereditaments, of the Husband or Father of such Person releasing; And that all and every such release, being attested under the Hands of two credible Witnesses, and delivered unto the Persons before in this Ordinance appointed to receive and de­termine claims, or any three of them, shall be, and is, and are hereby Declared to be valid and effectuall in Law, to bar such Person and Persons so releasing, from claiming any Right, Title, Interest or demand, of, in, or to all and every the Lands, Tenements, and Hereditaments, of the Husband or Father of such Person or Per­sons releasing notwithstanding the coverture, minority, infancy, or other disability of the Person or Persons so releasing, other then such as shall be setled upon her or them, in pursuance of the Provision aforesaid. And in default of such release, to be made as aforesaid, all and every the Person and Persons aforesaid, so making de­fault, shall be from thenceforth for ever debarred, and excluded from any benefit or advantage by this Ordinance, or any thing therein contained.

Provided also that all and every the Lands and Estate which shall by force of this Ordinance be set out and setled, as aforesaid, for the provision of the Wife or Children of any the Persons excepted, as aforesaid, shall neverthelesse be liable unto the satisfaction of the just and proper Debts of the respective Person and Per­sons, out of whose Estate the same is so setled (in case all the rest of his or their respective Estate and Estates shall not be sufficient to satisfie the said respective Debts,) so far forth and in such manner as shall be hereafter Declared and appointed by His Highnesse the Lord Protector by and with the consent of his Council.

Provided also, and it is further Ordained, that the several Persons hereafter named, do pay unto His Highnesse the Lord Protector his Publick Receipt, the several respective summes of mony hereafter mentioned and expressed, as a fine and fines, for and in respect of his and their estate and estates, to be paid in such manner, and at such times, as is hereafter in this Ordinance expressed, that is to say, David Lesley, late Lieutenant-General of the Scottish Army, four thousand pounds sterling. Marquesse of Douglas, One thousand pounds sterling. Lord Angus eldest son to the Marquesse of Douglas, one thousand pounds sterling. Earl of Selorig, one thousand pounds sterling. The Heir of Francis late Earl of Bucleugh deceased, Fifteen thousand pounds sterling. Earl of Gallo­way, Four thousand pounds sterling. William Earl of Roxburgh, six thousand pounds sterl. William Lord Cockeram, Five thousand pounds sterling. James Lord Forrester, two thousand five hundred pounds sterl. Philip Amstruther, son of Sir Robert Amstruther; one thousand marks sterl. Sir Archibald Ster­ling of Carden, one thousand five hundred pounds sterling. James Drummond of Mackensey, Five hundred pounds sterling. Henry Mawl, son to the Earl of Pan­mure, two thousand five hundred pounds sterling. Sir James Levingston of Kilsith, one thousand five hundred pounds sterling. William Murrey of Polemaise, one thousand five hundred pounds sterling. Earl of Buchane, one thousand pounds sterling. Viscount Dudope, one thousand five hundred pounds sterling. Preston of Craigmiller, one thousand five hundred pounds sterling. Sir Andrew Flesher of Inner-Pether, Five thousand pounds ster­ling. Sir John Wauchith of Nethery, two thousand pounds sterling. Earl of Perth, and Lord Drummond his eldest son, Five thousand pounds sterling. [...] of Winton, two thousand pounds sterlng. Earl of Findlater, on thousand five hundred pounds sterling. Earl of Murrey three thousand five hundred pounds sterling. Earl of Quinsburgh, four thousand pounds sterling. Earl of Eithy, six thousand pounds ster­ling. Lord Duffus, one thousand five hundred pounds sterling. Lord Grey, one thousand five hundred pounds sterling. Sir Henry Nisbit, one thousand pounds sterling. Earl of Panmure, ten thousand pounds sterling. Laitd of Lundee, one thousand pounds sterling. Earl of Arroll, two thousand pounds sterling. Earl of Tullibardine, one thousand five hundred pounds sterling. Earl of Southesk, three thousand pounds sterling. Earl of Dalhousie, one thousand five hundred pounds sterling. Earl of Hartfield, two thousand pounds sterling. William Lord Ross, three thousand pounds Sterling. Lord Sample, one thousand pounds Sterling, Lord Elphinston, one thousand pounds sterling. Lord Boyd, one thousand five hundred pounds sterling. Iames Lord Cooper, three thousand pounds sterling. Lord Balvaird, one thousand five [Page]hundred pounds sterling. Lord Rollock, one thousand pounds sterling. Earl of Kinghorne, one thousand pounds sterling. Earl of Kinkardine, one thousand pounds sterling. Lord Bamfe, one thousand pounds sterling. Mr. Robert Meldrum, of Tillybody, one thousand pounds sterling. Sir Robert Graham, of Morphie, one thousand pounds sterling. Sir William Scot of Harden, three thousand pounds sterling. Hay of Nachton, one thousand pounds sterling. Renton of Lamberton, one thousand pounds sterling. Colquhoun of Luz, two thousand pounds sterling. Hamilton of Preston, one thousand pounds sterling. Mr. Francis Hay of Bowsey, two thousand pounds sterling. Arnot of Ferney, two thousand pounds sterling. Sir Robert Forquhar, one thousand pounds sterling. Sir Francis Reven, three thousand pounds sterling. Scot of Montrosse, three thousand pounds sterling. Laird of Rotheme-Gordon, five hundred pounds sterling. Colerney, the younger, one thousand pounds sterling. Sir John Scot of Scots-Tarbut, one thousand five hundred pounds sterling. Laird of Gosford one thousand pounds ster­ling. Laird of Bachilton, one thousand five hundred pounds sterling. James Mercer of Aldey, one thousand pounds sterling. Earl of Rothes one thousand pounds sterling. Lieutenant Collonel Elliot of Stebbs, one thousand pounds sterling. Sir Lewis Stuart, Advocate, one thousand pounds sterling. Pa­trick Scot of Thirlestone, two thousand pounds sterling. Sir James Caimeghill, two thousand pounds Sterling. Sir Patrick Cockburn of Clarkington, two thou­sand pounds sterling. Sir George Morison of Preston-Grange, two thousand pounds sterling. Murrey, Laird of Stanhop, son to Sir David Murrey de­ceased, two thousand pounds sterling. All and every which sum and sums of money, shall be paid unto George Bilton, Deputy Treasurer at Leith, one moye­tie thereof, on, or by the second day of August, One thousand six hundred fifty four; and the other moyetie, on, or by the second day of December, then next ensuing; and in default of such payment, all and every the real and personall Estate of every person and persons so making default, shall from thenceforth be abso­lutely confiscate; and the Commissioners for Sequestrations are hereby impowred to seiz the same accordingly.

Provided alwayes, and it is Ordeined and Declared by the Authority aforesaid, That this Ordinance or any thing therein conteined, shall not extend, or be construed to extend to the restoring or reviving of any Lordship, Dominion, Jurisdiction, Tenure, Superioritie, or any things whatsoever, taken away and abolished by one other Ordinance; Entituled, An Ordinance for Ʋniting SCOTLAND into one Common-Wealth with ENGLAND.

Excepted and also reserved out of this present Ordinance, and all benefit thereof, all and every other person and persons, not herein before named or expressed, that hath, or have been at any time since the first day of May, one thousand six hundred fifty and two, or now is, or are in Arms in Scotland, in opposition to this Com­monwealth, Saving and reserving to all person and persons whatsoever, excepted out of this Ordinance, all benefits and advantages of any Articles of War, to them granted by His Highnesse, the now Lord Protector, as Generall of all the Forces of this Commonwealth, or any other, by Virtue of any Authority from him derived, any thing in this Ordinance conteined to the contrary thereof in any wise notwithstanding.

Provided alwayes, and be it further Ordained, That this Ordinance, or any thing therein contained, shall not extend, nor be construed to extend, to the freeing or discharging of any Prisoner or Prisoners of War, from their respective imprisonments, or to the cancelling or discharging of any Surety, Bond, Paroll, or Engagement, of, or for any Prisoner at War, without the special Order of His Highnesse the Lord Protector, or whom he shall appoint.

Provided also, That this Ordinance, or any thing therein contained, shall not extend, nor be construed to extend to the confirming of any Patent, Gift, or Grant made by the late King James, or the late King Charls, whereby any Rent or other duty or Revenew belonging to the Crown of Scotland, hath, contrary to the Law of Scotland been altered, changed, converted or diminished; but that all and every such Rent, Dutie and Revenew, shall remain, and be paid in kind unto the Lord Protector, and his Successors in the same manner, as the same were paid before any such Patent, Gift, or Grant made.