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A63189 The tryal of Philip Standsfield, son to Sir James Standsfield of New-Milns for the murther of his father, and other crimes libell'd against him, Feb. 7. 1688. For which he had judgment, that on the [15th ...] betwixt the hours of two and four in the afternoon, to be carried to the Mercat-Cross of Edinburgh, and hang'd on a gibbet, until he be dead; his tongue to be cut out and burnt on a scaffold; and his right-hand to be cut off, and affixt on the east gate of Hedington, and his body to be hung in chains. Which doom and sentence was accordingly put to due execution upon the said Philip Standsfield. Published by authority. 1688 (1688) Wing T2211; ESTC R222248 50,467 41

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THE TRYAL OF Philip Standsfield SON TO Sir James Standsfield OF NEW-MILNS FOR The Murther of his father AND OTHER Crimes Libell'd against him Feb. 7. 1688. For which he had Judgment That on the 〈…〉 the Hours of Two and Four in the Afternoon To be carri●● 〈◊〉 the Mercat-Cross of Edinburgh and hang'd on a Gibbet until he be dead His Tongue to be cut out and burnt on a Scaffold And his Right-hand to be cut off and affixt on the East Gate of Hedington And his Body to be hung in Chains Which Doom and Sentence was accordingly put to due Execution upon the said PHILIP STANDSFIELD Published by Authority Edinburgh Printed by the Heir of Andrew Anderson Printer to the King 's most Sacred Majesty Anno Dom. 1688. With Allowance to be Reprinted at London And are to be sold by Richard Baldwin 1688. THE Publishers Advertisement TO THE READER SIR James Standsfield the Subject of this Tragical Relation was Born in England whence in his younger Years he went into Scotland and was Secretary to the Famous Major General Morgan upon His Late Majesties happy Restauration and the Armies Disbanding he betook himself to Merchandizing and very considerably in returning of Monies betwixt the Two Kingdoms In which he behaved himself with that Honour Justness and Punctuality as soon made him Rich and Eminent and also well known to His Late Majesty and the Greatest Personages of both Courts and Kingdoms He was a Gentleman of a Publick Spirit and having Married a Scotch Lady and gain'd a considerable Estate in that Kingdom sought all Ways Just and Honourable to do it good And amongst others at a vast Expence settled the Linnen and Woollen Manufactures at his own Seat called New-Milns near Hadington a few Miles on this side Edinburgh where not only great Sums of Money but Hundreds of poor People were Employ'd and Conveniences made for their Working from the Wool to the Draper's Shop as was generally known in that Kingdom and also in this He was a Gentleman of that Sobriety Temperance and discreet Behaviour as obliged all Persons he had Converse with and I have heard some Persons of Quality that knew him Intimately for Thirty Years say they neither saw nor ever heard of so much as one Intemperate or Immorral Act that he was guilty of Yet this worthy good Gentleman fell by the Hands of his most Cruel and Vnnatural Eldest Son even in his own Bed-Chamber a Son to whom he had given very Liberal Education and whose repeated Extravagancies had cost many Hundreds Still hoping that his Tenderness and Indulgence towards him together with a Sight of his Errors would as he grew in Years reclaim him but instead thereof as he increased in Years he increased in Vice and such a Riotous Course of Living as rendred a plentiful Annual Allowance not sufficient for a Month. Being thus Arrived to a mighty height in all manner of Wickedness a low Ebb of Fortune and nothing but his Fathers Life standing betwixt him and a plentiful Estate The want of Grace and the Strength of the Tempter put him upon perpetrating the Horrid Fact which notwithstanding all Endeavours was used to bring him to Confess and Repent of yet he remained Obstinate to his last moment which some attribute to the Shame that must naturally be the Consequent of so Vnnatural and Bloody a Fact. 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 de Edinbugh Sexto die Mensis Februarii 1688. per Nobilem Potentem Comitem Georgium Comitem de Linlithgow Dominum Livingstoun c. Justiciarium Generalem totius Regni Scotiae honorabiles viros Dominos Joannem Lockhart de Castle-hill Davidem Balfour de Forret Rogerum Hodge de Harcase Joannem Muray de Drumcairn Commissionarios Justiciariae dicti S. D. N. Regis Curia Legitime affirmata INTRAN Philip Standsfield Eldest lawful Son to Vmquhile 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 Advocate for His Highness's 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 Majesty is High-Treason particularly by the 2d Act 2d Sess Par. 1 st K. Ch. 2d of ever Glorious Memory The Plotting Contriving or Intending Death or Destruction to the King's Majesty 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 ways injure either of their Parents therefore the King and Estates of Parliament did Statute and Ordain That whosoever 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. 6th 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 Ties 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 one or other of them he did within the House and
House and laid his Body down upon the Water-side and tyed a Stone about his Neck to make him sink in the Water and before he was throwen therein he went back with his Accomplices to a little Kiln near by and consulted and advised whether it was more fit to throw him in the Water with the Stone about his Neck to make him sink or to take away the Stone least when he should be found it might thereby appear that the Stone had been tyed by some other hand than his own and at last resolved to take away the Stone and throw his Body in the Water which they returning did accordingly And some Persons being accidentally lying in the House at the time they did hear a Noise of many Tongues and Voices to their great Terror and Amazement And the next Morning very early some of the Servants in the House having come to the Roum where his said Father did lye and having missed him out of the Roum gave notice thereof to some others of the Servants He declared that he had been seeking him about the Water-pools and a Noise and Cry having arisen Search and Inquiry was made for his said Father and by him seemingly amongst the rest And after some time his Body was found in the Water hard by his own House and being dead and his Neck broken before he was thrown in the Water his Body did neither sink to the ground nor receive Water as all drowned Bodies are in use to do and he knowing where his Fathers Body had been put went on the Sabbath Morning directly to the place where his Body was in the Water and stood a considerable space upon the Water-side directly opposite to the Body with his Eyes fixed on the same before his Body was found or knowen to any others than the Murtherers and when John Topping a stranger passing that way and ignorant of the whole Matter or that Sir James was amissing called to him and asked who that was in the Water He made no answer but went away from that place straight to New-Milns and gave no intimation to him or any other Person what he had seen in the Water but appeared surprised when his Body was found there by other Persons and his Fathers Body being taken out of the Water the same was by his order carryed to a dark Out-house and though he was desired by the Friends and Servants present to suffer his Fathers dead Body to be carryed to his own House and kept therein and not to be buried till his Friends in Edinburgh and elswhere and Physicians in Haddintoun or near by might see the same Yet he refused so to do and caused bury the dead Body of his Father privately and in haste And the Noise having spread abroad that his Father had been barbarously Murdered by him and his Accomplices Order was given by these in Authority to cause open the Grave that Physicians and expert Chyrurgians might inspect his Body and make Report anent the Truth of the Matter And accordingly by the Report of the saids Chirurgians who inspected the Body it did appear that his said Father was cruelly strangled and murdered and not drowned and that he had been cast in the water of purpose to conceal the same And when his Father 's dead body was sighted and inspected by Chirurgians and the clear and evident signs of the Murder had appeared the Body was sewed up and most carefully cleaned and his nearest Relations and Friends were desired to lift up his Body to the Coffin And accordingly James Row Merchand who was in Edinburgh in the time of the Murder having lifted the Left-side of Sir James his Head and Shoulder and the said Philip the Right-side his Father's Body though carefully cleaned as said is so as the least Blood was not on it did according to God's usual Method of discovering Murders blood afresh upon him and defiled all his hands which struck him with such a terrour that he immediately let his Father's Head and Body fall with Violence and fled from the Body and in consternation and confusion cryed Lord have Mercy upon me and bowed himself down over a Seat in the Church where the Corps were inspected wiping his Father's innocent blood off his own murdering Hands upon his Cloathes By all which it is manifest that he did most traitorously express his hatred and malice to his Majesties Sacred Person by wishing and drinking to his confusion and causing others to do the same And likewise that he did not only unnaturally curse invade attempt to assassinate or beat his said Father but under trust and assurance barbarously and treasonable did strangle kill and murder him in manner forsaid and is actor art and part of the forsaids Crimes or one or other of them which being found by an Assyse he ought to be punished for the treasonable Crimes above-specified with forefaulture of Life Land and Goods and for the other Crimes above-mentioned Capitally and with the pains of Death and Confiscation of Moveables to the Terror and Example of others to commit the like hereafter Pursuers Sir John Dalrymple younger of Stair His Majesties Advocat Sir George M ckenzie Advocat Procurators in Defence Sir David Thoirs Sir Patrick Hume Mr. William Moniepenny Mr. William Dundass The Pannal's Procurators produced two Warrands of Privy Council Commanding them to compeir and plead the Pannals Defence SIr Patrick Hume for the Pannal always denying the Inditement and whole members and qualifications thereof alleadges That as to the first part of the Inditement in relation to the drinking an Health to the Confusion of his Sacred Majesty as it is most calumnious so it is not to be supposed that any man in his right wits would have been guilty of such a thing And it is positively offered to be proven that at or about the time lybel'd and several times before and after the Defender did most heartily and chearfully in several Companies drink the King's Health and upon all occasions he was ready to testifie his Loyalty to the King and particularly the time of the Invasion by the late Duke of Munmouth in England where he did enter himself voluntarly a Souldier in the Earl of Dumbarton's Regiment and continued in the King's Army till the Rebels were defeat and the Voluntiers dismissed As to the second part of the Libel in relation to the Pannal his alledged commiting and being guilty of and accessory to many notour Crimes abroad and being detained Prisoner in London Antwerp Orleance c. and that he vented and entertained malice against his Father and that he declared many times that he would cut his Throat and that he did rail against and curse his Father by many Imprecations It is answered primo That it is absolutely deny'd that the Pannal was guilty of or accessory to any notorious Crime abroad or put in Prison upon that account nor is there so much as any Crime condescended upon 2 o. The Defender could not conceive any