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Decreet of forfeiture against
William Dundas of Magdalens
Edinburgh, 21 May 1661
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 William Dundas of Magdalens and certain other persons
therein nominated. That is to say, forasmuch that the said William Dundas, 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 expressed
in holy writing, by the laws of nations, by the common law and the municipal
laws and the practice of this kingdom of Scotland, and especially by the third
act of the first parliament of our royal progenitor, King James I etc.;
nevertheless, you, the said William Dundas of Magdalens, having laid aside all
fear of God, respect and obedience to us and the laws, acts of parliament and
others above-specified in manner above-written in 1650; and therefore, you, the
said William Dundas, have incurred the pain and punishment of high treason and
others contained in the laws and acts of parliament aforesaid which ought and
should be inflicted on you with all rigour as an example to others in all time
coming; and therefore, you, to have compeared before us and our said estates of
parliament at a certain day past and 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 summons 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 letter of pension granted
by the said usurper, Richard Cromwell, to the said accused, of the last tenor
and contents above-specified; as also with a letter of grant under the hand of
George Monck, and signed by him in the name and by order of the council whereby
the said accused was constituted supervisor with the allowance of the yearly
salary of £60 for executing thereof, as the same of the date 19 November 1657
purports, he craved that the same might be found relevant and admitted to his
probation. And the said William Dundas, the accused aforesaid, being lawfully
summoned to this action, being often called and not compearing, the aforesaid
libel and indictment with the executions and endorsements thereof, with the
aforesaid letter of pension and letter of grant aforesaid of the date, tenor and
contents above-specified, being heard, seen and considered by the said estates
of parliament, they found the said libel and indictment and deeds contained
therein committed by the said accused relevant and admitted the same to the said
pursuer's probation; who, for proving thereof, produced the aforesaid writs of
the dates, tenor and contents above-mentioned, and also cited several well-known
witnesses for proving the said deeds committed as said is in manner
above-written; and the said witnesses being examined and solemnly interrogated
relating thereto, testified in the said matter. Our sovereign lord and the said
estates of parliament having considered the said libel and indictment, with the
said writs produced in manner aforesaid with the depositions of the said
witnesses, and being therewith well and ripely advised, find that the said
William Dundas, the accused aforesaid, has committed the crime of treason
against the king's majesty, his sovereign authority and royal government, in so
far as the said William in the year 1650 and 1651 and other subsequent years,
the time that the usurper, Oliver Cromwell, was with his army in this his
majesty's ancient kingdom did join in arms with the said usurper, his officers
and armies at several times, during which time the said William did intercommune
between the usurper, Oliver Cromwell, his officers and Walter Dundas, then
commander of the castle of Edinburgh; and did frequently carry letters and
intelligence between them tending to the weakening of the hands and confidence
of the commanders and soldiers of the garrison of the said castle of Edinburgh.
And in so far as the said William did act as supervisor under the said usurper,
and had a salary granted him of £60 sterling for exercising the said office, and
that the said William, for his faithful service done to the usurper, Richard
Cromwell, did receive from the said usurper a letter of pension for payment to
him yearly of the sum of £100 sterling; and that thereby he has contravened the
25th act of the sixth parliament of King James II, and incurred the pain of
treason therein contained. And therefore upon the grounds of the former
treasonable crimes and gross compliance and act of parliament above-mentioned
thereby contravened, the king's majesty, with advice and consent of his estates
of parliament, finds and declares that the said William Dundas has incurred the
pain of high treason contained in the said act, and decrees and ordains him to
underlie the pain and punishment due to traitors, namely: the loss and
confiscation of his life and of all his lands, goods moveable and immoveable,
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 his body whensoever or wheresoever it can
be apprehended be demeaned and executed as the body of a traitor against his
majesty, and that presently his arms be deleted furth 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 declares his children and posterity incapable in all time coming to
hold, possess or enjoy any office, dignity, successions, possessions, lands,
goods moveable or unmoveable, or any other thing within this kingdom.
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