[1641/7/20]¹

Procedure: summons and proceedings against the incendiaries

The estates ordain the incendiaries and those others cited to the parliament to be called, whereupon Master Thomas Nicolson, advocate, one of the procurators for the estates, produced a roll of their names which was publicly called in diverse places of the house of parliament and at the door.

Whereupon Sir Lewis Stewart and Master William Burnett compeared personally for themselves, James Gibson for Sir James Lundie, [Alexander Forbes], lord Forbes declared he will answer for Caskieben and his son, [James Livingstone], lord Almond declared he will answer for some of the Gordons or others in Fyvie or thereabouts, James Hay of Murefield offered to produce a testimonial of the sickness of Gilbert Johnston, the remainder being called did not compear nor answer.

[John Campbell], lord Loudoun related that his majesty had both written himself and caused the commissioners write to know of the heads of the challenges made to Sir Lewis Stewart, and desired that in case the same were not of great importance he might be passed from seeing his majesty had sent for Sir Lewis himself to advise in respect of the advocate's inability.

Likewise Sir Lewis Stewart asked instruments, that he was ready to obey the citation of the parliament and desired to know the grounds of his challenge that he might answer thereto.

The estates continue this matter that they may advise upon the most expedient and formal course of their proceedings therein and declare that they will call upon Sir Lewis Stewart when they think time.