The Records of the Parliaments of Scotland to 1707, K.M. Brown et al eds (St Andrews, 2007-2024), date accessed: 29 March 2024
[A1661/1/91]1
[Decreet of forfeiture against Lieutenant William Govan etc.]2
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
- NAS. PA6/16, 'May 28 1661'.
- Two copies - one more detailed than the other - are bound together in this section.