Petitioner George Trail exhibited a libel charging Thomas Lyell, minister at Lady, with fornication, attempted rape, attempted assassination, and other crimes. Trail, who was both the minister of Dunnet and a heritor in Lady, sought to have Lyell deposed from his ministry. The General Assembly of the Church of Scotland initiated a process regarding the libel, but many witnesses refused to appear on the ground that ecclesiastical courts could not compel their testimony. Trail therefore petitioned the Court of Session for letters of diligence (i.e., warrants) to force the witnesses to testify.

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