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Scottish National Dictionary (1700–)

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First published 1974 (SND Vol. IX).
This entry has not been updated since then but may contain minor corrections and revisions.

SUMMONS, n., v. Also summonce, soumons (Sc. 1824 Scott Redgauntlet Letter xi.), soommens (Edb. 1828 D. M. Moir Mansie Wauch xxvii.), soomans (Ork. 1915 Old-Lore Misc. VIII. I. 41), sommons, summonds (Sc. 1708 Earls Crm. (Fraser 1876) II. 79, 1746 D. Warrand More Culloden Papers (1930) V. 101, 1759 Records Conv. Burghs (1915) 603); soomon (Ork. 1908 Old-Lore Misc. I. viii. 317); summond (Lnk. 1709 Minutes J.P.s (S.H.S.) 86; Sc. 1737 Records Conv. Burghs (1885) 63; Ayr. 1758 Ayr Presb. Reg. MS. (18 Oct.)); summont (Ayr. 1706 Session Bk. Dundonald (1936) 555). Sc. forms and usages. [′sʌmən(z), -ns; †sʌmənd; Ork. sumən(z)]

I. n. 1. Sc. Law: an order, corresponding to the Eng. writ, issued by the Court of Session or, in small debt actions, by a Sheriff, informing a person that civil proceedings are being taken against him, detailing the circumstances of the action and the redress sought and citing him to appear in court. Phrs. like a (Forfar) summons, in an unfriendly, threatening manner (Ags. 1971); †summons of error, “the initial step in a long disused process for setting aside an erroneous service of heirs” (Sc. 1946 A. D. Gibb Legal Terms 32).Mry. 1711 Lord Elchies Letters (MacWilliam) 5:
To Alexander Ross, messenger, ffor executing a summonds of mailes and duties against Captain John Grant.Sc. 1722 W. Forbes Institutes I. iv. 139:
A Summons is raised in the King's Name, directed to Sheriffs in that Part, and Messengers. It sets forth the Pursuer's Title, and the Ground whereupon the Defenders are liable to pay or perform what is craved. That which is commanded to be done, (called the Will of the Summons) is to cite the Defender to compear before the Lords of Session.Ib. 83:
Retours are ordinarily reduced by a grand Inquest of 45 Members, upon a Latin Summons of Error.Sc. 1742 Earls Crm. (Fraser 1876) II. 183:
I sent your summonds against John MackBean's representatives and cautioners to John Dunbar, a messenger at Inverness.Sc. 1752 Louthian Form of Process 264:
No person shall be obliged to appear before the Sheriff-court, unless he be cited upon a proper summons, signed by the Clerk, and fully libelled.Sc. 1773 Erskine Institute iv. i. § 3:
Upon the institution of the College of Justice, summonses were introduced into our law in the place of brieves, as the foundation of most of our ordinary actions.Sc. 1823 Report Commissioners on Forms of Process, Scotland 4:
Actions, in general, begin in Scotland by a summons, which differs essentially from the English writ. It is not intended merely for calling the defendant into court, but contains, in what is called the libel, a statement of the nature and facts of the case, and of the demand made against the defendant; together with conclusions drawn from the facts stated, and from the law assumed, by the pursuer or plaintiff.Sc. 1896 W. K. Morton Manual 458:
Upon the expiry of the induciae of citation, the pursuer calls the summons; that is, he brings it into Court by lodging it with a Clerk of Court.Sc. 1928 Encycl. Laws Scot. XI. 549:
Any agent entitled to practise before the Court of Session may competently sign a summons, but if the agent is not a Writer to the Signet the summons must also be signed on the last page by a Writer to the Signet.Sc. 1946 A. D. Gibb Legal Terms 86:
A summons also originates procedure in the Small Debt Court.Ags. 1955 Forfar Dispatch (11 Aug.):
She gae me a look like a summons.Sc. 1965 E. M. Clive and G. A. Watt Sc. Law for Journalists 125:
In England, divorce proceedings are taken by way of a petition; in Scotland, by way of a summons.

2. An order drawn up in a somewhat sim. manner to 1. and served on an accused person in criminal cases, more commonly called Criminal letters (see Letter, 2.(1)) and abolished in 1877. Sometimes loosely used in pop. speech of a citation to appear in a criminal court.Sc. 1730 W. Forbes Institutes II. ii. 318:
In order to procure criminal Letters or Summons, a Bill craving the same, is signed by the King's Advocate, or Deputy, or other Lawyer for the Pursuer who draws it.Sc. 1752 J. Louthian Form of Process 255:
The Defender against whom any Crnninal Summons is executed, may take out Letters of Exculpation for proving his Defence.

II. v. To summon, in a legal or general sense (Sc. 1782 J. Sinclair Ob. Sc. Dial. 212); to take out a summons against, esp. in actions of removal from a tenanacy. Gen.Sc. Rare or colloq. in Eng. Agent n. sommonser, one who summons, a summoner.Sc. 1787 J. Beattie Scoticisms 116:
Agamemnon, who summonsed all the neighbouring princes to a conference.Abd. 1825 Aberdeen Censor 156:
He summonsed up the deil.Dmf. 1877 R. W. Thom Jock o' Knowe 321:
The sommonser's ca' Wad sound through the grand rooms o' Corby Ha,.Ayr. 1879 Maybole School Board Minutes MS. (5 May):
The Meeting instruct the clerk to summons Dunn to a special Meeting of the Board.ne.Sc. 1881 W. Gregor Folk-Lore 128:
If rats came to a dwelling-house in more than ordinary numbers the indwellers were soon to remove. The rats had to come to “summonce” them out.Sc. 1893 Stevenson Catriona ix.:
The purpose being that the summonsing be something other than a form.Sh. 1898 Shetland News (2 April):
Dey'll summons, an' prison, an' fine a puir body for shuttin' a corby at's killin' his tings o' lambs.Abd. 1898 J. R. Imray Sandy Todd ii.:
Fat hae ye been daein' that ye're needin' tae be summons'd afore the Shirra?Kcb. 1901 R. D. Trotter Gall. Gossip 236:
Davie summons't the laird for the price o' the hooses.