Judicial proceeding: issuing of summons of treason
Act 41
Ordaining summons to be directed and executed against the persons who are culpable of the crimes and faults contained in the act, to compear before the next session of parliament

The estates of parliament, convened by his majesty's special authority, considering the present strait and exigency menacing the ruin of this kingdom and how necessary it is for preventing thereof that those who have been the authors or are the maintainers and assisters of those courses that are destructive to the liberties of this kirk and kingdom, and that either by their false suggestions and calumnious relations of the estates of this kingdom and their proceedings to his majesty, or by their coming in arms against this their mother country and contributing to further our adversaries in their intended and professed plots and violences for the subduing and destroying this kingdom, or by their rising in arms within the country, fortifying and keeping of castles and houses against the estates, who defend the country against all foreign invasions and subjection, or by deserting their native country in such an extreme necessity and withdrawing from them all the assistance they can, that all those and others in the like condition be distinguished and censured according to the several degrees of their transgression against the state and kingdom; therefore they grant full power and warrant to the committee which is to sit at Edinburgh for to direct in their name precepts to the lyon king of arms and his brethren heralds and messengers to pass, warn and charge in name of the said estates the persons underwritten and others whom the said committee, upon like probable grounds, can suspect to have been the leasing makers and tellers and false accusers of the estates of this kingdom and their proceedings to the king's majesty as seditious, rebellious and treasonable, to have been the instigators, framers and drafters of the strange proclamations and declarations made against his majesty's subjects and estates, as rebels and traitors, or to have risen or rise in arms and concur with the adversaries for subduing of this their native country, or to fortify, keep or detain strengths or castles against the estates of this kingdom who stand to their covenant for defence of their religion, crown and country, or wittingly and willingly to withdraw their assistance from their mother country in this extremity and contribute their help and countenance to the adversaries, and all others who are either authors, abaters, maintainers or suppliers or art and part, or have any hand in countenancing and concurring with our adversaries to the subduing and destroying of this kingdom, and especially those that have seemed to join with us and have subscribed the covenant, for to compear personally on [...] at Edinburgh before the parliament at the next session thereof, to answer to these and all other crimes of that kind which may be laid to their charge and that under the pain of treason and forfeiture for their contumacy in case of non-compearance. Likewise the estates declare that these precepts, being subscribed by [Robert Balfour, lord Balfour of Burleigh], president, and quorum of the committee foresaid, shall be as sufficient as if they were subscribed in parliament.

  1. NAS, PA2/22, f.44v-45r.