Page:The Laws and Acts of Parliament of Scotland.djvu/649

King CHARLES the II. ?(? proceedings, may as well by his CMajefty, as by his Subjects one towards another, be forgotten; and that all names of reproach or diftmction which have" been ufed , or may revive the memory of the late differences, be buried in Oblivion. Therefore, HisMajeftie , of Hisfignal prudence, Grace and Good- nefs, Doth, with advice and confent of His Eftates of Parliament, Declare, Statute and Ordain, That all manner of Treafons, Rebellions , Murthers , Offences , Crimes , Contempts , Injuries ", Mifdemea- nors and all other Deeds, as well of comiffion as o million, commanded, acted or done by any perfon or perfons, by vertuc of any power or warrand- of any pretended Parliament, Council or their Com- mittees, Commanders of Armies , or others pretending Authority , under whatfoever title , name or designation, fmce the firft day of January, one thouiand, fix hundred and thirty feven years, and be- fore the firft day of September, one thoufand, fix hundred and fixty, (other then fuch as are hereafter excepted in this 'prefent Act) be and are hereby Tardoned, Kele'ajed, Indemnified and Difiharged; and That all and every perfon and perfons or Incorporations , Acting , Advifing , Aflifting or Abetting the fame, and their Heirs , Executors , and Succeffburs (except as mail be hereafter excepted j are hereby 'Pardoned and Indemnified , and ¥>ijcharged thereof , and of all pains of Forfeiture',' Death, Fines, Imprifonment , Banilhment. and other pains , Penalties, Action and Queition, Civil or Criminal ; and of all Decreets, Sentences , Acts or Orders paft thereupon , and all other damnage , prejudice arid inconveniencies what- foever, they or any of them might or may be ly able unto for the fame. All which Pains, Sentences, and others forefaids , are hereby declared void and null in all time coming ; and that this Free and General Tardon, Indemnity and Oblivion, mall be as effectual in Law, to every one of his Majcfties Subjects, and bodies politick and incorporat , and perfon or perfons whatfoever, in, for and againft all things; (which be not after excepted) as if the faids Perfons, Crimes, Offences, Injuries, Deeds , Mifdemeanours , Penalties , Decreets , Sentences and Orders , had been fpecially and particularly here infert , and in cxpreffe words 'Tar- doned and Releafed ; and that none be hereafter , in any maner of way purfued or queftioned for the fame , but that thefe prefents fhall be in all cafes , in Judgment and outwit!) the fame , a fuffi- cient defence and exoneration to all parties concerned : Difcharging hereby , all and fundrie Judges , Civil and Criminal, to give order for interning any Procefs, either at the inftancc of his Majcfties Advocat, againft the Subjects, or at the inftance of any of the Subjects againft another , for any of the faids Crimes, Faults, Offences or other deeds, or to nroceed in any Procefs already intended, or to be intended there- anent. And His MajefHe , with advice forefaid , doth hereby Statute and Ordain, That every claufe and word, in this prefent Aft, be underftood and interpreted in the molt favourable fen{c the expreffion may bear , for Indemnity of the whole perfons who may have intereft therein ; Excepting ahvayes from this pre- fent Act, and the 'Pardon and Indempnity therein contained , all fuch perfons (if any be') who were guilty of, and acceflbry to , any previous tranfactions and bargains of money , for carrying on of that procedor con- cerning his Majcfties Perfon , condemned by the tenth Act of the firft Sefljon of this prefent Parliament; and excepting all fuch (if any be ) who uoon any contrivance were art and part of the horrid murther of his laje Majefty of blefled memory •. And fick-like , Excepting all private murthers , thefts, witch-crafts, inceftg, buggeries ,' briberies , forging of falfe Writes, perjuries , ufuries , and other 'cf imes of that nature , not relating (to the late troubles; and the Accounts of all fuch perfons as have irtromcttcd with any of his Majefties Revenues , publick Impofitions , Excife, Fines, Forfeitures, Seque ftratio as , and all other publick money, for which they had not Order , Warrand or Affignment , (fortheirowu privat ufe ) or for which, .they have . not duly counted, and received Difcharges thereof,from fuch as pretended to have the Authority for the time , to do the fame; And alfo Excepting all fuch perfons who hav€ been forfeited , or declared Fugitives , in this prefent Parliament , or by the Committee of Eftates , lince August one thoufand , fix hundred , and fixpy. And particularly , Excepting the Decreets of forfeiture againft ^Archibald Campbel, late Marquefs of Argyll Archibald Johusfoun Sometime called Sir Archibald Johnjiouu oi Warrifioun; John Swintoun , fometime cal- led oiSwintoun ; James Guthery , William Gov an , John Home , ' and William Dnuda/s , James Campbe/, fometime called of Ardkinglajs , and James Campbel, fometimes called otOrmfay ; which Decreets are to ftand in full force and have further execution, conforme to the tenours thereof. And fick-iike, Excepting all Decreets , Sentences , Alignments and Orders , paft , given and renewed by this prefent Parliament , in favours of any perfon or perfons; And but prejudice of the generality forefaid ; Excepting fuch perfons, as to the payment offuchfums of money, as are refpectively expreft in another Act, paft in this Parliament, Entituled , iyict concern ingfome exceptions from the AcJ oflndempnity. XI. t_Ac~l Salvo jure cujuflibet. OUR SOVERAIGN LORD, taking to confideration , that there be many Acts of Ratification and others, paft and made in this Seffion of Parliament, in favours of particular perfons, without cal- iling or hearing of fuch as may be thereby concerned and prejudged. Therefore , His Majeltie , with advice and confent of the Eftates of Parliament, Statutes and Ordains , That all fuch particular Acts, and Acts of Ratification, paft in maner forefaid, fhall not prejudge any third party of their lawful Rights , nor of their ^ actions