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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 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 Edinburgh Printed by the Heir of Andrew Anderson Printer to the King 's most Sacred Majesty Anno Dom. 1688. 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 Curia justiciaria S. D. N. Regis tenta in praetorio Burgi de Edinburgh Sexto die Mensis Februarii 1688. per Nobilem Potentem Comitem Georgium Comitem de Linlithgow Dominum Livingstoun c. Justiciatium Generalem totius Regni Scotiae honorabiles viros Dominos Ioannem Lockhart de Castlehill Davidem Balfour de Forret Rogerum Hodge de Harcarse Ioannem Murray de Drumcairn Commissionarios Justiciariae dicti S. D. N. Regis Curia Legitime affirmata INTRAN Philip Standsfield eldest lawful Son to Umquhile Sir James Standsfield of New-milns Prisoner within the Tolbooth of Edinburgh INdyted and Accused at the Instance of Sir John Dalrymple younger of Stair His Majesties Advocat for His Highness Interest That where notwithstanding by the Law of God the common Law Law of Nations Laws and Acts of Parliament of this Kingdom and constant Practice thereof the expressing of malitious and seditious Words to the Disdain of His Sacred Majesties Person and contempt of His Royal Government such as Drinking or Wishing Confusion to His Majestie is high Treason particularly by the 2d Act 2d Sess Par. 1st K. Ch. 2d of ever Glorious Memory The Plotting Contriving or Intending Death or Destruction to the King's Majestie or any bodily harm tending to Death or Destruction or who shall by Writing Printing or other malitious and advised Speaking express and declare such their Treasonable Intentions after such persons being legally Convicted thereof they shall be Deemed Declared and Adjudg'd Traitors And the Cursing Beating Invading or Assassinating of a Parent by a Child above the age of sixteen years who is not Mad and Furious is punishable by Death and Confiscation of Moveables And of all other Murders Paricide is the most atrocious and unnatural And Murder under Trust is punishable as Treason with forfaulture of Life Land and Goods and particularly by the 20 Act 1st Sess 2d Par. K. Ch. 2d The King's Majesty and Estates of Parliament Considering how great and atrocious a Crime it is for Children to beat or curse their Parents and how the Law of God hath pronounced just Sentence of Death against such as shall either of these wayes injure either of their Parents Therefore the King and Estates of Parliament did Statute and Ordain That whatsoever Son or Daughter above the age of sixteen years not being Distracted shall beat or curse either their Father or their Mother shall be put to death without mercy And sicklike by the 51 Act 11 Par. K. Ja. 6. It is Statuted and Ordained That the Murder or Slaughter of whatsomever of the Leidges where the party slain is under the Trust Credit Assurance and Power of the Slayer all such Murder or Slaughter to be committed in time coming the same being lawfully Tryed and the person dilated found guilty by an Assise thereof shall be Treason and the person found culpable shall Forfault Life Land and Goods as in the saids Laws and Acts of Parliament at more length is contained Nevertheless it is of Verity that the said Philip Standsfield shaking off all fear of God the Bonds and Tyes of Nature and Christianity regard and obedience to the saids Laws and Acts of Parliament did dare and presume to commit the saids horrid and detestable Crimes in swa far as upon the first second third or one or other of the Days of the Moneths of June July August or September last by-past or one or other of them he did within the House and Kitchin of New-milns call for Ale to Drink some Healths and in the presence of John Robison then his Fathers Servant Agnes Bruce likewise his Fathers Servitrix and several others he did as a most villanous and avowed Traitor presume and dare to begin a Health to the Confusion of His Sacred Majesty his native Soveraign and did Drink off the same and caused others in His company do the like And sicklike Sir Iames Standsfield of Newmilns his Father having caused educat and bring him up decentlie and in plenty conform to his rank and qualitie and having left no means unessayed for his Literature Education and Subsistence Yet he being a profligat and debauched Person did commit and was accessorie to several notorious Villanies for which both at home and abroad he was apprehended and detained Prisoner as in the Marshall Sea-Prison in Southwark in the publick prisons of Antwerp and Orleance and several other places and tho his Father out of his natural compassion to him did cause release him out of these prisons in which he was so justly confined He no sooner had his Liberty than he of new invented and went about his villanous practices and debauches And his Father at last perceiving that nothing could reclaim him from these and the like proceedings having signified his inclinations to disherish him and in order thereto having disponed his Estate in Favours of John Standsfield his second Son The said Philip did thereupon conceive Harbour and Intertain ane Hellish Malice and Prejudice against the said Sir Iames Standsfield his Father and most barbarously did declare threaten and vow at several times that he would cut his Throat And particularly upon the first second third or remanent dayes of the moneths of the year 1680. within the house of Iames Smith in Nungate of Haddingtouw And upon the first second or third or one or other of the days of the Moneths of January February March and remnant moneths of the year 1687. within the house of Inmes Baikbie Fermorer in New-milns and within his Fathers own house of New-milnes and in the house of William Scot there And upon the first second third or one or other of the dayes of the moneths of January February March and remanent moneths of the year of God 1683. 1684. and 1685 years when he was both in Brussils and Breda and several other places both in Holland and Flanders and in prisons within which he was detained in the city of London and Southwark or upon one or other of the days of one or other of the Moneths of the saids years or either of them most wickedly unnaturally and bitterly rail upon abuse and curse the said Sir James Standsfield his natural and kindly Parent And being transported with rage and malice he did contrary to the light and tyes of nature not once but often and frequently curse his father by bidding and praying the Devil to take him and the devil rive him Goddamn him and swear if he had a sword he would run it through him and if ever he came to Scotland he would be avenged
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