After the prisoner had pleaded not guilty, the clerk in court read aloud the _defences_ which, according to the procedure in Scotland, had been lodged in court for the prisoner, signed by his two counsel. They were entitled "Defences for Alexander Alexander, _Earl of Stirling_,[12] against the indictment at the instance of her Majesty's Advocate." [12] This was subsequently altered to "_claiming to be_ Earl of Stirling."--Swinton, p. 48. These Defences were comprised in two paragraphs. The first stated that, as Lord Cockburn's interlocutor, though not final, had decided against the prisoner's claim to be the heir of the Earl of Stirling,[13] "he was advised that he was not in a condition to plead the privilege of peerage; but was bound to acknowledge the competency of that court to proceed under the indictment before it." The second proceeded thus:-- [13] _Ante_, p. 477 _et seq._ "The panel pleads not guilty of the libel generally; and, even particularly, he denies that he had the slightest ground to suspect that all, or any, of the documents libelled on were forged or fabricated. He produced them under legal advice, in the belief of their being genuine, and useful for the support of his interest." "A third paragraph consisted of an application to postpone the trial, on the ground that the prisoner was not prepared for it, as _one of his counsel_ and his agent had gone to London and Paris to make inquiry as to several of the witnesses for the Crown, and such further investigation as might be necessary for his defence." The words which we have placed in italics indicate a course of procedure altogether at variance with that adopted at the English bar. As soon as their Defences had been read, the prisoner's counsel rose and said, "My lords, I do not mean to claim for the panel the privilege of a landed man; nor do we intend to state any objections to the relevancy of the indictment." By "relevancy" (a technical term in Scotch law) is signified "the justice and sufficiency of the matters stated in the indictment to warrant a decree in the terms asked;"[14] and, according to the criminal law of Scotland, this objection must be taken, if at all, before the trial. If it be not, the prisoner cannot make it the subject of arrest of judgment by the court, but must refer it to the law advisers of the Crown, after the sentence has been pronounced by them, to have such weight attached to it as may be deemed proper, with a view to pardon or mitigation of punishment.[15] [14] Bell's _Dictionary of the Law of Scotland_, p. 844. In civil cases this rule is reversed.--_Id. ib._ [15] Alison's _Practice of the Criminal Law of Scotland_, p. 651. "Let the relevancy of the indictment be determined," said the Solicitor-General, "by your lordships pronouncing the usual interlocutor." LORD MEADOWBANK.--"Alexander Humphreys, or Alexander, attend to the interlocutor of the court," which the clerk read as follows:--