Pacification, England and Scotland Act 1640

Concerning an Act of Pacification and Oblivion.

As to an Act of Pacification and Oblivion.; To what Persons the Benefit of such an Act shall not extend.; Proviso for Recovery of Debts due by, and Arrears due to, the Scottish Army; and for the friendly Assistance and Relief.; As to Ships of the King or others stopping the Trade of the Kingdom.; As to persons levying Armies, &c.; Proviso as to particular Quarrels upon the Borders.; Powers of the Commission restrained to the Articles of Peace in this Treaty.; As to the ensuing Parliament of Scotland having Power to ratify the Treaty.; As to the Powers of the King's Commissioners then sitting, &c.; As to Offenders in one Kingdom removing into another.; As to extending this Provision to Debts as well as Crimes.

It is agreed unto That in the approaching Parliament of Scotland there shall be an Act of Pacification declaring that the late Commotions and troubles arising from the innovation of Religion and Corruption of Church Government by the mercy of God and the Kings Royall Wisdom and fatherly care are turned into a quiet calm and comfortable peace lest either his Majesties love or the constant loyalty of his subjects in theire intentions and proceedings be hereafter called in question and that such things as have fallen forth in these tumultuous times while Lawes were silent whether prejudiciall to his Majesties honour and authority or to the lawes and liberties of the Church and Kingdome or to the particular interest of the subject (which to examine and censure in a strict course of Justice might prove an hinderance to a perfect peace) may be buried in perpetuall oblivion So it is expedient for making the peace and unity of his Majesties Dominions the more firm and faithfull and that his Majesties 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 Kingdomes for burying in forgetfulnes all Acts of Hostility whether betwixt the King and his subjects or betweene subject and subject or which may be conceived to arise upon the coming of any English Army against Scotland or the coming of the Scotish Army into England or upon any Action Attempt Assistance counsell or [X1 device] having relation thereunto and falling out by the occasion of the late troubles preceding the conclusion of the treaty and the return of the Scotish Army into Scotland that the same and whatsoever hath ensued thereupon whether trenching upon the lawes and liberties of the Church and Kingdome or upon his Majesties honour and authority in no time hereafter may be called in question or resented as a wrong nationall or personall whatsoever be the quality of the person or persons or of whatsoever kind or degree civill or criminall the injury be supposed to be and that no mention be made thereof in time coming neither in judgement nor out of judgement but that it shall be held and reputed as though never any such thing had beene thought nor wrought And this to be extended not onely to all his Majesties subjects now living but to theire heires executors successors and all others whom it may concerne in any time to come And for that end that by the tenour 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 judgement upon record or any way molesting any of his Majesties lieges concerning the premisses in all time coming like as that his majesty for himselfe and his successours promise in verbo Principis never to come in the contrary of this Statute or Sanction nor any thing therein contained but to hold the same in all points firm and stable and shall cause it to be truly observed by all his Majesties lieges according to the tenour and intent thereof for now and ever And that in all time coming these presents shall have the full force and strength of a true and perfect security as if they were extended in most ample and legall forme Providing that the benefit of the said Statute shall no wayes be extended to any of the Scottish Prelates or to John Earle of Traquaire Sir Robert Spotswood Sir John Hay and [X2 Master] Walter Belcanquall cited and pursued as incendiaries betwixt the Kingdomes and betwixt the King and his people and for bribery corruption and many other grosse crimes contained in theire charges generall & speciall nor to any other person who are cited and shall be found by the Parliament of Scotland in his Majesties or his Commissioners theire owne hearing to be so extraordinary guilty of these and the like crimes as they cannot in Justice and with the honour of the King and Countrey passe from them Provided further that the benefit of this Act shall not be understood to extend to the favour of theeves robbers murtherers broaken men [X3 horners] outlawers nor theire receptors with reservation also of the legall pursuites and processes of the Scots in Ireland for the reparation of theire 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 meanes and estates. It is also to be understood that nothing is meaned hereby to be done in p[re]judice either of the payment of the debts oughten upon promisses or security by the Scottish Army to any of the Counties or to any person there (the same being instructed before the removall of the Scottish Army) or of the arreares due to the Scottish Army or to that brotherly assistance granted them by the Parliament of England. That the great blessing of a constant and freindly conjunction of the two Kingdomes now united by allegeance and loyall subjection to one Soveraigne and Head may be firmly observed and continued to all posteritie It is agreed that an Act be past in the Parliament of England that the Kingdome of England or Ireland shall not denounce nor make war against the Kingdome of Scotland without consent of the Parliament of England as on the other part it shall be enacted there that the Kingdome of Scotland shall denounce nor make wars against the Kingdom of England or Ireland without the consent of the Parliament of Scotland. No Ships either of the Kings or Freebooters or others shall stop the trade of the Kingdome or hinder or harme theire neighbour kingdome without consent of Parliament declaring a breach of Peace And if any Armies shall be levied or trade stopped and neighbors harmed or wronged the estates of the Countrie by which it is done to be obliged to pursue take and punish the Offendors with all rigour And if any of the Kingdoms assist receave or harbour them they ought to be punished as breakers of the peace and if after complaint and remonstrance to the Commissioners after mentioned and to the Parliament redresse and reparation be not made then in that case the same X4 be counted a breach of the peace by the whole kingdome And in case any of the Subjects of any of the Kingdomes shall rise in Armes or make war against any other of the kingdoms and subjects thereof without consent of the Parliament of that kingdome whereof they are subjects or upon which they doe depend that they shall be held reputed and demained as traitours to the Estates whereof they are subjects and that both the Kingdoms in that case be bound to concur in the repressing of those that shall happen to arise in Armes or make war without consent of their own Parliament and that the way of convening forces for suppressing such as levy war be as in case of invasion Provided that this be not extended to any particular quarrels upon the Borders And that it be enacted that in such case it shall be lawfull for any of the subjects to convene to suppresse such evill affected persons and that each kingdome shall be bound by publique faith punctually to performe this Article And if either Parliament shall denounce war they shall give three monthes warning that the peace to be now established [X4 may] be inviolably observed in all time to come It is agreed that some shall be appointed by his Majestie and the Parliaments of both Kingdoms who in the interim betwixt the sitting of the Parliaments may be carefull that the peace now happily concluded may be continued and who shall endeavour by all meanes to prevent all troubles and divisions 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 [X5 according] to theire power It being supposed that for all theire proceedings of this kinde they shall be answerable to the Kings Majestie & the Parliaments and if any thing shall fall forth which is above theire power and cannot be remedied by them they shall informe themselves in the particulars and represent the same to the Kings Majestie and the ensuing Parliament that by their wisdoms and authoritie all occasion and causes of troubles [X5 being] removed the peace of the Kingdome may be perpetuall to all posteritie And it is declared that the power of the Commission shall be restrained to the Articles of Peace in this Treatie. Where 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 treatie is confirmed in the said English Parliament and all other necessary conditions performed the Armies on both sides shall att a certaine day to be appointed for that effect remove and disband so that when the Scottish Army shall remove from Newcastle the English Army shall likewise be disbanded and repaire home to theire severall Countreys and Places of theire residence and the Irish Army to be disbanded 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 firme peace established It is desired that his Majestie may be gratiously 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 kingdome doth of it selfe import to ratifie and confirme the treatie and whole Articles thereof and to receive account of all Commissions granted by them examine theire proceedings and grant exonerations thereupon and to treate deliberate conclude and enact whatsoever shall be found conducible to the setling of the good and peace of that Kingdome And that his Majesties Co[m]missioners shall be authorized with full power to approve whatsoever Acts & Statutes which upon mature deliberation shall happen to be accorded unto by the Estates in that behalfe and shall sit and continue without interruption or prorogation while all things necessary for that effect be determined inacted and brought to a finall conclusion unlesse for the better convenience of affairs his Majesties Commissioner with the speciall advice and assent of the Estates shall thinke fit to adjourne the same to any other time which shall no wayes derogate from the full and perfect concluding of the whole premisses before the said Parliament be dissolved. This whole Article is assented unto in so far as concerns the dayes and circumstances of disbanding to be agreed unto. Forasmuch as the severall jurisdictions and administrations of Justice in either Realm may be deluded and frustrated by delinquents for theire owne impunity if they shall commit any offence in the one Realm and thereafter remove theire persons and make theire abode in the other Therefore that no person sentenced by the Parliament of either Nation as Incendiaries betwixt the nations or betwixt the King and his people shall enjoy any benefit civill or ecclesiasticall or have any shelter or protection in any other of his Majesties Dominions like as where malefactors and Criminals guilty of the crimes mentioned in the Act of Parliament 1612. Cap. 2. and others of that nature and committed by Scottishmen within the Kingdomes of England or Ireland or any part thereof are taken and apprehended in England or Ireland that it shall be lawfull to the Justices of England or Ireland to remaund them to Sea or Land as the Acts beares And further if any Malefactors committing crimes in Scotland England or Ireland being duely processed in the Kingdoms where the crimes are committed and being fugitives or remaining in any other of the Kingdomes foresaids that the Judges of either Kingdome shall be houlden at the instance and suite of the partie offended to take and remaund the criminals and Malefactors to the Kingdomes where the crimes were committed and the like to be made in Scotland And this would be extended aswell to debts as crimes and what further is requisite concerning this and other particulars for setling of peace in the middle Shires and accelerating Justice upon the Delinquents both in civill and criminall causes is to be considered by the Committee appointed for that effect. It is answered that such persons as shall be Natives in either Kingdome and shall commit any offence in the Realme whereof they shalbe Natives and shall afterwards remove their persons into the other and such persons as shall be Inhabitants in either Kingdome and shall commit any Offence in the Realm where they shall be Inhabitants during the time of their habitation there and shall afterwards remove theire persons into the other and shall be for the same censured by the Parliament of that Nation where the offence was committed as Incendiaries betwixt the nations or betwixt the King and his people shall not enjoy any benefit civill or ecclesiasticall or have any shelter or protection in any other of his Majesties Dominions And that such Scottish Natives incensing the King of England against the Kingdome of Scotland shall be remaunded at the desire of the Scottish Parliament into Scotland to abide theire tryall and censure there so that the same be reciprocall to both Nations but other criminals and debts to be referred to the Lawes.

Editorial Information

X1 Variant reading of the text noted in The Statutes of the Realm as follows: advice O. [O. refers to a collection in the library of Trinity College, Cambridge]

X2 Variant reading of the text noted in The Statutes of the Realm as follows: Mr O. [O. refers to a collection in the library of Trinity College, Cambridge]

X3 Variant reading of the text noted in The Statutes of the Realm as follows: Sorners O. [O. refers to a collection in the library of Trinity College, Cambridge]

X4 Variant reading of the text noted in The Statutes of the Realm as follows: to O. [O. refers to a collection in the library of Trinity College, Cambridge]

X5 interlined on the Roll.