In 1643 the first Earl was accused by the Convention of the Scottish Estate of betraying them to the King during the Civil War. He was fined £10,000 and his titles were forfeited and he was sentenced to death by an Act of the Scottish Parliament on 25 February 1645. This Act also provided "that his lawful son Gavin, Lord Dalzell, shall enjoy not only all the estates but the title of Earl as if his father were dead". His death sentence was not to be carried out, nor was the forfeiture of the titles recognised in Royalist circles.