ICIARIA S. D. N. Regis tenta in Nova Sessionis Domo
Burgi de Edinburgh undecimo die mensis Junij 1754, per honorabiles
viros Carolum Areskine de Alva, Justiciarium Clericum, Dominum
Gilbertum Elliot de Minto, Magistros Alexandrum Fraser de Strichen,
Patricium Grant de Elchies, et Hugonem Dalrymple de Drummore, et
Dominum Jacobum Ferguson de Killkerran, Commissionarios
Justiciarios dict. S. D. N. Regis._

_Curia legittime affirmata_,

INTRAN.

DUNCAN TERIG _alias_ CLERK, and ALEXANDER BAIN MACDONALD, both
prisoners in the Tolbooth of Edinburgh, panels indicted and accused
as in the former Sederunt.

The Lords proceeded to make choice of the following persons to pass
upon the assize of the said Duncan Terig alias Clerk, and Alexander
Bain Macdonald; to wit,--

Archibald Wallace, merchant in Edinburgh.
William Tod, senior, merchant there.
Andrew Bonnar, merchant there.
Robert Forrester, merchant there.
Walter Hogg, merchant there.
Alexander Crawford, baker in Edinburgh.
John Heriot, candlemaker there.
John Sword, merchant there.
William Ormiston, bookbinder there.
William Braidwood, candlemaker.
William Sands, bookseller in Edinburgh.
John Dalgleish, watchmaker there.
George Gray, merchant there.
John Welsh, goldsmith there.
James Gilliland, goldsmith there.

The above assize all lawfully sworn, and no objection to the contrary--

The panels and their procurators admitted the two judicial declarations
libelled on, were emitted by them, before the two Judges therein named;
and the said panels both now judicially adhere to the same, with this
variation for Alexander Bain Macdonald, that it was a mistake in his
said declaration, where it is said, that he went home to the house in
Allanquoich, where he staid that night, and did not see Duncan Clerk
any more that day after they parted on the hill, the true fact being,
that he did not go home to the house in Allanquoich where he resided,
till the night thereafter, and in the evening of that night went to the
house of Duncan Clerk's father, where he found Duncan Clerk, and staid
all night, and that the reason of his former mistake was, that he by
himself went again to the hills upon the twenty-ninth in quest of the
deer which he had wounded the preceding day, and returned to his own
house the evening of the said twen