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1766
MinistersWitness

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.

Documents in this case (3)

  • Hobbifter — Petition, 25 Nov 1766
    November 25, 1766 Petition of Mr George Trail asking the Court to permit letters of first and second diligence against twenty-eight witnesses and Malcolm Groat, who refused to depone in a libel against Mr Thomas Lyell
  • Hobiefter — Memorial, 2 Jan 1767
    January 2, 1767 Memorial of the Commission of the General Assembly of the Church of Scotland, arguing that civil diligence is necessary to compel witnesses in an ecclesiastical trial for deprivation of office.
  • Hobbiefter — Memorial, 18 Feb 1767
    February 18, 1767 Memorial of the memorialists, arguing that letters of horning for witnesses are lawful and in accord with common law and established judicial practice, distinct from the 1675 Dirleton decision.

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Where this case took place

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.

Locations

Session Papers

Petition

Unto the Right Honourable the Lords of Council and Session, the Petition of Mr George Trail of Hobbister, Minister of Dunnet, in the Presbytery of Caithness; and Mr David Dalrymple, Procurator for the Church of Scotland

 		25 Nov 1766
Memorial

Memorial for Mr George Trail of Hobiester, Minister of the Gospel at Dunet, in the Presbytery of Caithness, and of Mr Hew Mowat Minister at Evie, Mr Hew Sutherland at Kirkwall, Mr Alexander Oliphant at Bowier, Mr Alexander Niccolson at Thurso, Mr James Taylor at Watting, Mr Martin M'Pherson at Golspie, Mr George M'Culloch at Lath, Ministers; Mr Graeme of Graemshall Ruling-elder, Mr Andrew Ross late Factor to Lord Morton, Mr Drummond Ross Collector of the Customs in Kirkwall, Commissioners appointed by the Commission of the General Assembly of the Church of Scotland, on the 19th Day of August and the 20th Day of November 1766; with the Concurrence, and at the Instance of Mr David Dalrymple Procurator for the Church of Scotland

 		2 Jan 1767
Memorial

Additional Memorial for Mr George Trail of Hobbiester, Minister of the Gospel at Dunnet; Mr David Dalrymple Advocate, Procurator for the Church of Scotland; and others

 		18 Feb 1767

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