[A1661/1/90]*[print] [email] [cite] [preceding] [following]
Anent the summons of high treason raised and pursued before the king's majesty and estates of parliament, at the instance of Sir John Fletcher, knight, our sovereign lord's advocate for his highness's interest, in the matter underwritten against Mr James Guthrie, minister at Stirling. That is to say, forasmuch as the said Mr James Guthrie, the accused aforesaid, was indicted and accused to answer at the instance of the said Sir John Fletcher, his majesty's advocate for his highness's interest, upon the crimes of treason specified below, in so far as by the laws of God, of nations, of all well governed realms etc.; and therefore you to have compeared before us and our said estates of parliament at a certain day past to have heard and seen sentence and decreet given and pronounced against you in the said matter, as at more length is contained in the said libel raised and duly executed against you in manner aforesaid. And the said Sir John Fletcher, our said sovereign lord's advocate, being personally present in the presence of the said estates of parliament, and having given in the aforesaid libel and indictment with the executions and endorsements thereof, together also with the aforesaid paper called the remonstrance presented to the said committees of estates in manner above-specified, containing a great many damnable and execrable leasings, slanders and reproaches against his majesty's dearest father, of eternal memory, and others of his majesty's noble progenitors, their persons, majesty, dignity, authority and government, as the said paper repeated in manner above-mentioned at more length purports. Item, produced the aforesaid seditious pamphlet called The Causes of God's Wrath printed in the year above-expressed, and not only containing all the former injurious, wicked and seditious reflections and expressions fully set down in the aforesaid papers and expressly relative thereto, but also many more malicious passages at length set down in the said pamphlet, especially in the fifth and sixth articles thereof as the same also bears. Item, the aforesaid petition and instructions thereof presented by way of address to his majesty after his happy restoration of the contents above-mentioned. Item, the aforesaid two protestations subscribed under the hand of the said accused, and presented and given in by him before his majesty and estates of parliament at Perth in manner aforesaid, whereby he did most contemptuously, disobediently and treacherously disclaim, decline his majesty and his authority, and did protest for remedy of law against his majesty for a pretended gravamen, as he terms it, in convening him before his majesty and confining him, as the same repeated in manner aforesaid at length purports. Which indictment and writs aforesaid produced as said is, the said Sir John Fletcher, his majesty's advocate for his highness's interest, craved might be found relevant and proven by the said writs produced. Which being heard, seen and considered by the said estates of parliament, they ordained the same to be given up to the said accused to be seen and answered by him. And the said Mr James Guthrie, the accused aforesaid, compearing personally with Mr Robert Burnett, Mr John Cunningham, Mr Andrew Birnie and Mr George MacKenzie, advocates, his procurators; and the said accused being at the bar and being inquired of concerning his accession to The Causes of God's Wrath, he acknowledged that he was one that framed the same; and having seen the said libel, gave in his defence against the same in writing, bearing that whereas Mr James Guthrie is indicted etc. To which defence it was answered and replied by the said Sir John Fletcher, his majesty's advocate for his highness's interest, that he conceived it to be very unnecessary to repeat or answer every particular contained in the defence; therefore he only replied to what is material therein, and firstly, etc. To which it was rejoined by the said Mr James Guthrie and his said procurators that albeit his majesty's advocate conceives it unnecessary to answer to every particular contained in the defence etc., after reading of the aforesaid libel, defence, replies and rejoinders in open parliament, the said Sir John Fletcher, his majesty's advocate, declared that he proceeded against the accused upon the first article concerning the remonstrance without prejudice of the rest, in so far only as he did own and homologate the same by framing the fifth and sixth step of the ninth article of The Causes of God's Wrath and explanation thereof. And also declared that he did not pursue upon the act of the committee of estates in 1650 concerning the remonstrance, nor upon the act of parliament in 1651 ratifying the said act of the committee of estates, because they were not produced for instructing that part of the libel. The aforesaid libel and indictment with the defence aforesaid made against the same, replies made thereto, and rejoinders made to the said replies, with the declaration aforesaid of the said Sir John Fletcher, his majesty's advocate, and writs aforesaid produced for instructing the said indictment being heard, seen and considered by the said estates of parliament; and who having advised the relevancy of the whole process, they rejected and reject the allegations against the first two articles of the indictment concerning the remonstrance and The Causes of God's Wrath, and notwithstanding thereof, find the libel as to these two articles relevant to bring the accused under the compass of the acts of parliament aforesaid made against slanderers. As likewise have rejected and reject the allegations against the third and fourth articles of the indictment concerning the meeting libelled and the petition and instructions and others done therein, and notwithstanding thereof, find the meeting with the petition, instructions and what else was at that meeting to have been unlawful and seditious. And also the said estates of parliament rejected and reject the aforesaid defence against the fifth article of the indictment concerning the declining of his majesty's authority and protesting for remedy of law against his majesty and committee of estates for a pretended gravamen. And notwithstanding thereof, they find the declinator containing the said protestation falls under the act of parliament aforesaid made anent the king's majesty's royal power over all estates. And therefore our sovereign lord and estates of parliament find the said libel and replies relevant and proven by the said accused's confession at the bar and extant through the whole defence anent his accession to the said pamphlet entitled The Causes of God's Wrath, with the said writs produced particularly above-rehearsed, and find that the said Mr James Guthrie, the accused aforesaid, has committed the crime of treason against the king's majesty, his sovereign authority and royal government, and has slandered his majesty's person, state and government in so far as the said Mr James had accession to the framing of the pamphlet called The Causes of God's Wrath, wherein one of the causes is mentioned to be the rejecting of the remonstrance; and that thereby he has contravened the 205th act of the 14th parliament of King James VI and the 10th act of the 10th parliament of King James VI, and incurred the pain of death therein contained. And likewise the said Mr James did contrive a petition at a meeting of some ministers in the month of [...] 1660 last, which meeting, petition and instructions and what else was done at the said meeting the estates of parliament find unlawful and scandalous. And in so far as the said Mr James did decline his majesty's authority and protested for remedy of law against his majesty and committee of estates for a pretended gravamen, and that thereby he has contravened the 1st act of the 8th parliament of King James VI in the year 1584, and incurred the pain of treason therein contained. And therefore, upon the grounds of the former treasonable crimes and acts of parliament above-mentioned thereby contravened, the king's majesty, with advice and consent of the estates of parliament, finds and declares that the said Mr James Guthrie, the accused aforesaid, has incurred the pain of high treason and other pains contained in the said acts, and decrees and ordains him to underlie the punishment due to traitors, namely: the loss and confiscation of his life and of all his lands, goods moveable and unmoveable, offices, dignities, sums of money and all rights and others whatsoever belonging to him or which may in any way pertain or belong to him; and ordains the same to be confiscated and to appertain to the king's majesty, and to remain forever with his majesty in property; and that he be hanged to death at the cross of Edinburgh upon Saturday next, 1 June, at 2 o'clock in the afternoon, as a traitor against his majesty, and thereafter his head be cut off and affixed upon the Nether Bow of Edinburgh, and that presently his arms be deleted out of the books of heraldry and torn in pieces by the lyon herald at the market cross of Edinburgh, and there to be left torn and reversed as a testimony of his vile and abominable treason; and also declares his children and posterity incapable in all time coming to hold, possess or enjoy any office, dignity, successions, possessions, lands, goods moveable and unmoveable, or any other thing within this kingdom.
At Edinburgh, 28 May 1661
This decreet read and voted in parliament, approved and pronounced, touched with the royal sceptre, and appointed to be recorded, published and put into execution accordingly.
[John Lindsay, earl of] Crawford Lindsay, treasurer, in the presence of the lords of parliament
[A1661/1/91]*[print] [email] [cite] [preceding] [following]
In the presence of the right honourable John [Middleton], earl of Middleton, lord Clermont etc., his majesty's high commissioner, and whole estates of parliament compeared Sir John Fletcher, his majesty's advocate for his highness's interest, and produced a decreet of forfeiture obtained at the instance of Sir Thomas Nicolson [of Carnock], then his majesty's advocate for his highness's interest, against Lieutenant William Govan and certain other persons therein nominated of the date at Perth, 2 April 1651; narrating, that is to say the said defenders to have heard and seen it found, declared, verified and proven in the presence of the estates of parliament, (here to take in the said decreet until you come to these words, 'his majesty and the said committee of estates', which is marked in the margin with a cross, score and three ciphers, and then say) his majesty and the said committee of estates found that the said Lieutenant William Govan, the accused aforesaid, having had charge in the said army, he did in the month of September, October, November, December then last and January then instant, or one or other of the said months, desert his said charge and went in to the said common enemy of this kingdom who did invade and then oppressed the same; and then had frequent residence and resorted with the said public enemy various and several times thereafter in the town of Edinburgh, Canongate, Leith or one or other of the same, relevant to infer the pain and punishment of high treason, namely: forfeiture of honour, life, lands, estate and goods and the punishment of death; and his lands, estate and goods to be applied and brought in to the king's majesty's to be used for the good of the kingdom, and sufficiently proven. And therefore the king's majesty and committee of estates found and declared the said Lieutenant William Govan to have incurred the pain and punishment of high treason to be executed against him in his life, lands, goods and estate; and forfeited him and decreed and declared his lands, heritages, goods and gear, sums of money, estate and others whatsoever pertaining to him to have become in his majesty's hands, and to have applied and brought in to his majesty's use; and likewise ordained his arms to have been lacerated and rent as appropriate at the market cross of [...] by the lyon king at arms, and the same to have been deleted out of the book of arms; and ordained him to have been executed to the death whensoever he should be apprehended, as the said decreet of forfeiture of the date aforesaid at more length purports. And the said Sir John Fletcher, his majesty's advocate for his highness's interest, craved that the said decreet and sentence of forfeiture against the said Lieutenant William Govan, the accused aforesaid, might be considered by his majesty and the said estates of parliament, and that they would ordain the same to be put to execution against the said accused, after the form and tenor thereof in all points. And his majesty and the said estates of parliament, having heard and considered the aforesaid decreet of forfeiture, they ordained the said Lieutenant William Govan, the accused aforesaid, (being personally present) to give in answers to the aforesaid decreet in writing. According to which ordinance, the said accused gave in his answers to the aforesaid decreet of forfeiture; to which answers the said Sir John Fletcher, his majesty's advocate, opposed and supported the aforesaid decreet standing against the accused, and craved it might be advised and executed against him. The king's majesty and the said estates of parliament, having heard and considered the aforesaid sentence of forfeiture in manner aforesaid, and having heard the said accused to the full, both in his answers given in and by word, they (notwithstanding of the said answers) approve the aforesaid sentence and decreet of forfeiture pronounced against the said accused by the king's majesty and committee of estates in manner aforesaid; and ordain the same to be put to execution. And therefore the king's majesty, with advice and consent of the said estates of parliament, finds and declares that the said Lieutenant William Govan has incurred the pain of high treason and decrees and ordains him to underlie the punishment due to traitors, namely: the loss and confiscation of his life and his lands, goods moveable and unmoveable, offices, dignities, sums of money and all rights and others whatsoever due to him or which may in any way belong to him; and ordains the same to be confiscated and to appertain to the king's majesty, and to remain forever with his majesty in property; and that he be hanged to death at the cross of Edinburgh upon Saturday next, 1 June, at 2 o'clock in the afternoon, as a traitor against his majesty; and thereafter his head to be cut off and affixed upon the West Port of Edinburgh; and that presently his arms be deleted out of the books of heraldry and torn in pieces by the lyon herald at the market cross of Edinburgh, and there to be left torn and reversed as a testimony of his abominable and vile treason; and also declares his children and his posterity incapable in all time coming to hold, possess or enjoy any office, dignity, successions, possessions, lands, goods moveable and unmoveable, or any other thing within this kingdom.
At Edinburgh, 28 May 1661
This decreet read and voted in parliament, approved and pronounced, touched with the royal sceptre and appointed to be recorded and published and put into execution accordingly.
[John Lindsay, earl of] Crawford Lindsay, treasurer, in the presence of the lords of parliament