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The which day anent the precept issued forth against Sir Andrew Fletcher of Innerpeffer, knight, one of the senators of the college of justice, making mention that the estates of parliament, considering that by their act of 23 January last it is statute and ordained that all officers of state, members or clerks of parliament, committees of parliament, secret council, session, exchequer, justice courts, commission for plantation of kirks or for conserving the articles of the treaty, sheriff courts, stewart courts, bailie courts, commissary courts, bailies of regality courts, warden courts of his majesty's mint-house, admiral courts, guild courts, town council or any other public judicatory or deacons of crafts, and all who had any office, place or public trust, and all having deputation from or dependence upon any of these aforesaid who were guilty of any of the faults contained in the four several classes mentioned in the said act, be removed by the said parliament (or such committees or persons as should be by them authorised with power to that effect) from their present places and offices and all other public trust mentioned in the act of classes at St Andrews or which had deputation from or dependence upon the aforenamed judicatories and offices, and that these places belonging to them for life without offence be declared vacant, that the same may be filled with other persons qualified in manner mentioned in the said act, and that the said persons were discharged from meddling thereafter with any exercise, badge or benefit of their said places and offices under the pain of confiscation of their moveables, liferent of their estates, imprisonment of their persons and of being declared for ever incapable of the meanest public trust within the kingdom; and that by the aforesaid act the estates of parliament have declared that none of the aforesaid persons who are guilty of the aforesaid crimes contained in the said four classes respectively should be capable of or admitted to any public place or trust before mentioned within this kingdom for the times and in the manner mentioned in the said act in relation to the classes mentioned therein. And that the estates finding it most necessary for purging of the said judicatories that all persons or members of the aforesaid places or offices should be tried according to the said act, therefore the said estates did give warrant and command to cite the said Sir Andrew Fletcher to compear before them or their committees appointed or to be appointed for that effect, to hear and see it found and declared that he was guilty of the aforesaid crimes and faults or one or other of them mentioned in the said four classes above-specified or one or other of them, and to hear and see himself removed from his present places and offices and the same declared vacant, to the effect the same might be filled with other persons qualified in manner mentioned in the said act, with certification to him if he failed the said estates would proceed in the trying of him and determine therein concerning his said places and trust, and would take what further course relating thereto they should think fit for the good of the kingdom; or otherwise would declare his said places and offices vacant without proceeding in the trial of the said faults and crimes, to the effect the said offices and places might be filled with other persons qualified in manner mentioned in the said act, as in the said precept at more length is contained and anent the charge given to the said Sir Andrew Fletcher to have compeared before the said estates of parliament or their said committee at a certain day bygone to have heard and seen it found and declared that he was guilty of the aforesaid crimes and faults or one or other of them mentioned in the said four classes above-specified or one or other of them, and to have heard and seen himself removed from his present offices and places and the same declared vacant, to the effect and with certification above-specified. And the said Sir Andrew Fletcher being three several times called in plain parliament and not compearing, therefore the estates of parliament, having granted power to the committee of dispatches to take trial of the carriage and behaviour of the said Sir Andrew Fletcher in relation to the said act of classes, and the said committee, in discharge of that trust, having considered thereupon, do find by the sederunt of the committee of estates of the 23, 24, 27, 28 and 30 and of the 1, 3, 4 and 5 and many other days of June, July and August last respectively, all registered in the books of the said committee, the said Sir Andrew did sit as a member thereof and acted and gave orders in matters relating to the said Engagement; and especially that he concurred in an act of the said committee of 24 June in approving the proceedings of [James Livingstone], earl of Callander and General Major Middleton in the west and against these at Mauchline Moor; and subscribed another act of the said committee of 20 June last for the armies going into England under the command of [James Hamilton], duke of Hamilton in pursuance of the said Engagement; and also concurred in another paper of the said committee of estates of 28 July last, where the said Sir Andrew sat as a member, in answer to a paper of the general assembly, whereby it is desired that the general assembly would be pleased to demonstrate the sinfulness and unlawfulness of the said Engagement; as also to demonstrate what interest the kirk had in the undertakings and engagements of war and what their interest was in determining thereof; and likewise that he subscribed letters from the committee of estates of 31 August last directed to [...] and registered in the committee books, which mention that the present condition of this kirk and kingdom, being in danger from foreign invasion and present internal invasion, did require that all loyal and honest hearted patriots should bend their whole power for defence thereof, therefore did warrant and require them to raise and gather together all their friends and followers, especially those in Atholl, to put them in a warlike posture and to draw them to some convenient rendezvous near Auchterarder to be kept in a body until they received further orders; and that the said Sir Andrew did subscribe three papers of instructions to [John Maitland], earl of Lauderdale for repairing to the prince to persuade him to own the Engagement, and for borrowing of monies and engaging the public faith of this kingdom, and for doing of sundry other things in pursuance of the said Engagement; by which acts, instructions, letters (besides various other letters sent to several shires, places and persons within the kingdom subscribed by the said Sir Andrew for prosecuting the said Engagement, and over and above the notoriety of his carriage in all the passages of contriving and carrying on of the said late unlawful Engagement in parliament, committees and otherwise; and particularly by his taking, enjoining and pressing of the bond and act relating thereto of 10 and 12 June last, enjoining and raising the second levy before any defeat of the army under the command of the duke of Hamilton, and so without any appearance of necessity for the enslaving of the kingdom to their wicked designs; calling back the forces with George Munro and bringing them into the bowels of this kingdom for raising of a war and destroying honest men who out of conscience were opposing them) the said committee of dispatches found that the said Sir Andrew Fletcher is manifestly guilty of the crimes of the articles of the first class of the aforesaid act made anent those who were plotters, chief actors and prime promoters of the late unlawful Engagement from the beginning to the end thereof, and that therefore he has incurred the censure of those who should be found guilty of any of the crimes contained in the said first class, as the said report of the date the [...] day of February instant bears. And the estates of parliament, having considered the said report and being ripely and at length therewith advised, they do hereby find and declare that the said Sir Andrew Fletcher is manifestly guilty of those crimes contained in the said first class anent those who were plotters, chief actors and prime promoters of the said Engagement from the beginning to the end thereof. And the estates of parliament, taking into consideration that the said Sir Andrew Fletcher is one of the senators of the college of justice and one of the commissioners of his majesty's exchequer, and is in several commissions from the king's majesty or parliament, and has been in possession of the said places and offices of trust and exercised the same until the late treaty at Edinburgh and Stirling (since which time he has been suspended from the exercise thereof), therefore, and in regard of the said Sir Andrew Fletcher's non-compearance, being lawfully cited and called, and of his guiltiness as said is, the estates of parliament do hereby remove the said Sir Andrew Fletcher from the said respective offices and places of being one of the senators of the college of justice or one of the commissioners of his majesty's exchequer, or from being on any commission granted by the king or parliament; and declare the said respective places and offices vacant, that they may be filled by the said estates of parliament according to the said act of classes as they shall think fit. Discharging hereby the said Sir Andrew Fletcher to meddle with or exercise the said respective offices and places or any of them or to do any duty belonging thereto after this present day under the pain of confiscation of his moveables, liferent of his estate, imprisonment of his person and of being for ever declared incapable of the meanest public trust within the kingdom.