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A94853 The tryal of Philip Standsfield, son to Sir James Standsfield, of New-Milns; for the murder of his father, and other crimes libel'd against him. / Published by authority. Standsfield, Philip, d. 1688, defendant. 1688 (1688) Wing T2210; ESTC R217941 49,311 53

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the water with the stone about his Neck or not and whether they should cast him far in or near the side and at length they returned and took away the stone from about his Neck and threw him in the water Declares his Father said that yet he was afraid for all that that the Murder would come out and his Mother auswered hout fool there is no fear of that it will be thought he has drowned himself because he will be found in the water Declares when Sir Iames was missed in the morning the Declarants Mother said to his Father rise quickly for if ye be found in your Bed they will say that ye have a hand in the Murder Declares the Coat and Wastecoat which were upon Sir Iames when he was found in the water were sent to Thomsons house and Thomsons Wife said to her Husband and Janet Johnstoun in presence of the Declarant that she was affrighted to see the said Coat and Wastecoat for she thought that some evil spirit was in it and desired her Husband to send it away which he would not And further that his Mother said to her Husband in the Declarants hearing that she was affrighted to be in the house alone after night fell and accordingly when ever her Husband went out she went out with him which was not her ordinary Declares the said George Thomson did go in to Edinburgh several dayes before the Declarants Mother was brought in and she did immediatly after he came in to Edinburgh send away Sir James's Coat and Wastecoat and that she was never in her own house after night since her Husband came in but did lie in Janet Johnstouns house Sic subscribitur Linlithgow I. P. D. Anna Mark daughter to Janet Johnstoun declares that on the said Saturdays night Philip came up to her mothers house and sent her for George Thomson and his wife and thereafter he sent her to see if Sir James was come home declares that she saw Philip with his hat off give a low salutation to George Thomson when he came up to him and when she returned and told that Sir James was come Philip did take a drink and runs down to New-milns that about eleven a Clock that night her good-father sent her to seek her mother and that she found her mother with Philip in George Thomsons house and that her mother bad her go home and she would come after her and that her good-father thereafter finding her mother did not come sent her for Margaret Isles to give suck to the Child and went home again but that her mother did not come long after that as she thinks about two in the morning and that she heard her good-father say Bitch Whore where have ye been so long And she answered wherever I have been the deed is done and then went to bed and that after that she heard them speak together but could not know what they said she declares also that her mother said she was still feared and would not bide alone nor ly alone in the bed but said she was afraid Edinburgh February 7th 1688. The said Anna Mark being Examined in presence of the Assise and Justices declares affirmativè conform to the above-written Declaration in all points Sic Subscribitur Linlithgow I. P. D. Sir George Mckenzie's Speech to the Inquest Gentlemen of the Inquest I am glad to see so strong and universal a propensity for Justice in my native Countrey that every man upon first hearing this Death concluded it a murder and trembled least it should not have been discovered every man became Sollicitor in it wished to be of the Inquest and ardent Prayers were generally put up to Almighty God for this end with as much earnestness as uses to be for removing general Plagues And the Almighty in return of those did first make so clear Impressions on all mens Spirits of Philip's being the Murderer that he had fall'n by these but his Divine Majesty who loves to see just things done in a legal way furnished thereafter a full probation in an extraordinary manner whereby we might not only convince our selves but all such as are not wicked enough to have been the Authors You will discern the Finger of God in all the steps of this Probation as evidently as Philip's Guilt and this extraordinary discovery has been made as well to convince this wicked age that the World is govern'd by Divine Providence as that he is guilty of this Murder He is accused before you for three Crimes Treason the cursing of his Father and the murdering him Crimes in great Affinity and naturally subservient to one another for to pray confusion to the King who is Pater patriae is a cursing of our great Parent And what can prove better a design to murder his Parent than the malitious hatred that prevails over a Son to curse him What restrains vitious men from murdering those by whose Death they may expect licentious Liberty and an opulent Succession save the fear of the Lawes of the Land or at least an innate awe of the Law of nature But here you see in the Treason a contempt of the Laws of the Land and in the Cursing an abhorrence of the Laws of nature There is no Reason to suspect our Zeal in this case from any state design For we took pains to shun a probation of the Treason It was forced upon us and not sought by us so violent were and are we in the search of the Murder that even Treason was not able to divert us Nor press I it at this time But to let you see there is nothing so wicked or dangerous which this Pannal durst not attempt He not only wishes the King's confusion but drinks it openly and not only drinks the King's confusion himself but he forces others to do so nor needed he be drunk to be guilty for this was the first step of his drinking and to convince you that he knew it was a Crime it is proved that he took his complices sworn never to derect it the fatal encouragement which always tempt him to commit his villanies The cursing his Father is not from meer humor or dissolutness but it becomes yet probable by a previous design to have his Estate and from the restraint he found from him of being debarred from the ravishing hopes of a boundless Liberty The Expressions are various and execrable such as Devil take him drown him rive him let him never come back let him never eat more c. and these Expressions which should never have been once spoke were frequently repeited and are prov'd not by suspect persons or strangers but by his Fathers and his own servants and such of them too as were Philip's own favourits and who think themselves very unhappy in being obliged to depone against him You are then Gentlemen in the third place to judge how far this Murder and Paricide are prov'd in which you need to be the less scrupulous that the Son
his Servants to invite me but if those damn'd rogues would not do it what could he help it and yet did declare as is proved and as himself since confest before my Lord Advocate that he would not invite me assigning this as his Reason supposing that my self and James Marr had been Instruments of setting his Father against him which was a false suggestion All which particulars I have before the Lords of His Majesties Honourable Privy Council declared So by their Command I have in this sheet of Paper written it over with my own Hand and do hereby subscribe my Name the sixth of December 1687. Sic subscribitur per me Umphray Spurway Edinburgh the 7th of February 1688. In presence of the Justices and Assisers Umphray Spurway ownes his Declaration above-written to be Truth in all poynts As he shal answer to God Sic subscribitur Umphray Spurway Linlithgow Iames Mitchel Nephew to the deceast Sir James Standsfield aged 20 years unmarried purged and sworn Depones that about twentie dayes before Sir James Standsfield's Death being in company with Philip the Pannal he heard the Pannal say that if his Father did dispone his Estate by him he would kill him though he should die in the Grass-mercat for it Depones that several times about a moneth before Sir James's Death he heard the Pannal say that little thought the People had how soon the Pannal would be Laird and when he was he would then ride in their skirts that had been ill to him And this is the Truth as he shall answer to God Sic subscribitur James Mitchel Iohn Topping in Monkrig aged 25 years married purged and sworn Depones that upon the Sabbath-morning after Sir James Standsfield's Death the Deponent coming from Monkrig to New-milns by the side of the water he discovered a Body floating and saw Philip Standsfield looking to that place of the water where the Body was and the Deponent asked the Pannal whose Body that was in the water And the Pannal made no answer and when he came to New-milns he heard that Sir James's Body was found in the water Depones he saw the Body taken out of the water and went alongst with it near to the Walk-miln but observed no water come from the Body This is the Truth as he shal answer to God. Depones he cannot write Sic subscribitur Linlithgow James Dick in New milns aged fourty seven years married purged and sworn Depones that the Pannal Philip Standsfield and the Deponent being at Morum after taking up of the Corps and discoursing about the finding of the Body in the water the Deponent said to the Pannal that he saw something in the water when they were searching after Sir James but he did not suppose it to be Sir James's Body and the Pannal said I saw him before any of you Depones that he saw the Body after it was taken out of the water at the Brink of the Brae and went alongst with the Body a piece of the way and observed no water come from the Mouth And this is the Truth as he shal answer to God. Sic subscribitur James Dick. His Majesties Advocat desired that James Thomson son to George Thomson in New-milns and Anna Mark Daughter to Janet Johnstoun Spouse to the said James Thomson might be examined as Witnesses against the Pannal for proving his Accession to his Fathers Murder And the Procurators for the Pannal having alledged that the foresaids Persons were but children and so not by Law capable to be Witnesses the Boy not being above thirteen years of Age and the Girle not above ten years The Lords Justice General and Commissioners of Justiciary refused to receive them as Witnesses but in regard the Persons on the Inquest earnestlie desired the said James Thomson and Anna Mark might be examined anent their knowledge of the Pannal's Accession to the forsaid Murder they allowed the forenamed persons their Declarations to be taken for clearing of the Assise And accordingly the said James Thomson being examined in presence of the Justices and Inquest declared as after followes that Janet Johnstoun came to George Thomsons house betwixt nine and ten at night and Philip Standsfield the Pannal came there shortly thereafter and the House being dark the said Philip gave the Declarant a turnor to buy a Candle which he did in the neighbouring house and after the Declarant returned with the Candle his Mother ordered him to go to his Bed which was in the same Roum and beat him because he did not presently obey Declares he heard one come to the Door and inquire for Janet Johnstoun and desire her to come home and give her Child-suck Declares he knew by the voice that the Person who came was Agnes Mark the said Janets daughter and that Janet ordered her to go away and she should follow her Declares she stayed a considerable time thereafter and the said Thomsons wife was desired to go for a pint of Ale and Philip took out an handful of Money to see if he had any smal Money and finding he had none the Ale was taken on upon trust Furder Declares that the said George Thomson and his Wife and Janet Johnstoun did stay together and whisper softly a considerable time Declares he heard Philip Standsfield complain that his Father would not give him Money and pray the Devil take his Father and God damn his own Soul if he should not make an end of his Father and then all would be his and then he would be kind to them Declares Philip Standsfield and Janet Johnstoun went away about eleven and shortly after his Father and Mother came to the bed where the Declarant was lying crosse the Bed-foot and the Declarant in the night time perceived his Father and Mother rising out of the Bed and going out of the house and that they stayed a considerable time away about an hour and an half or two hours and that the Declarant was perfectly awake when they went and were away and he wondred what they were going about Declares his Mother came in first and came softly to Bed and within some time after his Father came in and put a stool to the back of the door without locking it for the lock made alwayes a great noise when they locked the door and the Declarants Father called to him whenever he came in but the Declarant made no answer that it might be thought he was sleeping and his Mother asked what had stayed his Father and thereupon his Father and Mother did fall a discoursing of several things and particularly his Father said that the Deed was done and that Philip Standsfield guarded the Chamber-door with a drawen Sword and a bendet Pistol and that he never thought a man would have died so soon and that they carried him out towards the water-side and they tyed a stone about his Neck and leaving him there came back to the little kiln and reckoned whether they should cast him in