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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 Larinx round backwards to the other side thereof we observed the Jugular Veins on both sides the Neck very large and distended and full of Blood There was a large swelling under and betwixt the Chin and the Cartilago Scutiformis there was also a little scratch below the left Mandibula which had rankled the Cuticula and made some little Impression on the Cutis having made Incision from the Chin down along the Larinx and cross upon the swelling of the Neck We found a greater laxness and distance as we think than ordinary betwixt the Cartilago Scutiformis and Os hyoides we found the Tumour on the Neck containing brused like dark or blackish Blood the Jugulars when cut bled considerably especially that on the left-side Having opened his Breast we found the Lungs distended to the filling up their Capacities but free of water his Stomach Liver c. were all in good condition we found no water within the Corps the Corps had no smell at all The Breast Belly Privy Parts c. were all well coloured there was no swelling in his Belly nor any thing by ordinary to be seen on his Head This we attest and subscribe with our Hands Sic subscribitur James Craufurd James Murehead Edinburgh 6. December 1687. IN presence of the Lord Arch-bishop of Glasgow Lord Tarbat President of Session Advocat and Castlehill James Murehead and James Craufurd Chirurgions being solemnly sworn in the presence of the Committee of Council Depones that the written report anent the Body of the Deceist Sir James Standsfield is true according to their Skill and this is the truth as they shall answer to God. Sic subscribitur James Craufurd John Glasgow James Murehead J. P. D. C. Edinburgh 7 February 1688. in presence of the Justices and Assisers James Murehead and James Craufurd Chirurgions being solemnly sworn Depone upon the truth and verity of the above-written declaration in all points Sic subscribitur James Craufurd James Murehead Linlithgow Follows the Chirurgions of Edinburgh their opinion anent the said Murder WE undersubscrivers Chirurgions in Edinburgh having fully considered the Report made by James Craufurd and James Murehead concerning the condition of the Corps of Sir James Standsfield and though it be not usual to declare more than matter of Fact yet in obedience to your Lordships commands where ye desire to be informed if these Symptoms found upon the Body do import Drowning or Strangling We humbly offer our opinion so far as our Art or Experience will allow And whereas the report informs us that there was found a swelling and preter-natural redness in the Face a large and conspicuous Tumour about three Inches broad of a dark red or black colour from the one side of the Larinx round backwards to the other side thereof a large swelling betwixt the Chin and the Cartilago scutiformis the Jugular Veines on both sides very large and distended and when Incision was made downwards betwixt the Os hyoid and Larinx was observed a laxnes and distance betwixt the Os hyoid and the Cartilago scutiformis Incision being made cross alongst the Tumor it was found full of bruised Blood The Jugulars likeways when opened yielding a considerable quantity of Blood especially on the left side no smell or corruption appearing in any part of the Body It is very probable these parts have suffered some external violence which hath made them appear so far different from their natural figure and colour and could not be caused by Drowning simply As to the other part of the report the Breast and Belly being opened the Lungs found distended the Bronchi full of air without any water nor any water found in the Stomach or Intestines a Body when drowned being generally found to have much water in it with other circumstances of the Report considered gives just ground to think he was not drowned This we subscribe at Edinburgh the 3 day of February 1688. Sic subscribitur John Baillie Deacon George Stirling James Craufurd William Borthwick Thomas Edgar James Murebead Follows the Report of the Colledge of Physicians Edinburgh 6 February 1688. THe Colledge of Physicians being assembled at the desire of his Majesties Advocat To consider a Report made by some Chirurgions concerning the Body of the late Sir James Standsfield and to give their opinion whether by the said Report there is any just ground to believe that the said Sir James Standsfield was Strangled or Drowned And they have accordingly considered the said Report They are of opinion supposing the verity of the said Report or declaration that there is sufficient ground to believe that the said Sir James Standsfield was Strangled and not Drowned in testimony whereof their Presents are subscribed by Sir Andrew Balfowr President of the said Colledge Sic. subscribitur A. Balfowr P. C. R. M. Vmphray Spurway Clothier at New-milns aged 50 years salutus Purged and sworn Depones upon the truth and verity of his own declaration given in by him which is all written and subscribed with his own hand and consists of two leaves of paper written on all sides which is truth as he shall answer to God. Sic subscribitur Vmphray Spurway Follows the Declaration of Vmphray Spurway English-man I Vmphray Spurway of New-milns Clothier being summoned to appear before the Lords of his Majesties Privy Council in Edinburgh the 6 of December 1687. To declare my knowledge of what I had seen and heard relating to the death of Sir James Standsfield of New-milns Did then and there declare before the saids Lords as hereafter followeth And after declaring what I had to say was commanded to commit to writing my said Declaration under my own hand which I the aforesaid Vmphray Spurway do hereby humbly offer to the abovesaid Lords of his Majesties Council subscribing the same with my own hand About six weeks before the death of Sir James Standsfield after Night I went to pay my respects to Sir James as I usually did when he was at New-milns at which time I found him not so free for Discourse nor so pleasant as at other times In so much that I used that freedom with him to Quere the reason why his Honour was so Melancholy who with a great sigh wringing his hands together with tears trickling down his Cheeks said Mr. Spurway I have great cause for it I have born my own burden without complaining to others but I have a very wicked Family and it 's very sad that a man should be destroyed by his own Bowels But let me be never so sparing in my expence both at home and abroad yet they at home of my Family consume me condescending on some particulars of some extravagant sums of money monethly brought into him that his Family had expended besides what he allowed for them which was very sufficient But that which grieved him most was that his youngest Son whom he had some Comfortable hopes of and upon whom he had settled his Estate upon His just Debts being first payed
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
swelling home to his Throat of a blackish red Colour After this I saw the Chirurgions opening his Body beginning at the top of his Chin and so down to the Pit of his Stomach and then cut his Skin on both sides his Throat towards each Ear and coming at the place near his left Ear that I saw swoln I there saw of corroded or congeal'd Blood lying in a lump of a great thickness and two or three inches long which proved to me he had been Strangled And one thing more I observed that when Mr. Murehead put off his Cap at first from his Head in slipping it back Sir James's Eye-lids opened and his Eyes appeared but his Eye-lids much swoln and very red which did also prove to me a Symptom of Strangling This being done and his breast opened so that his intrals appeared and to me seemed in good order and no appearance of water in his Body neither then nor when first he was taken out of the River the like I think has not been ever known by any man that cast himself or that has been cast into a River alive and not to have his Body full of water nor that ever a dead man should ly at the top of the water where no running Stream is but a still Water of about 5 foot deep But to me in this it showes that as God is a Wonder-working-God so he has in this showen no less to convince men that this worthy Gentleman murdered not himself but was murdered But my last Observation was of a wonder more that the Lord did show when the Chirurgions had caused the Body of Sir James to be by their Servants sewen up again and his Grave-cloathes put on A Speech was made to this purpose It is requisit now that those of Sir James Standsfield's Relations and nearest Friends should take him off from the place where now he lyes and lift him into his Coffin So I saw Mr. James Row at the left-side of Sir James's Head and Shoulder and Mr. Philip Standsfield at the right-side of his Head and Shoulder and going to lift off the Body I saw Mr. Philip drop the Head of his Father upon the Furm and much Blood in his Hand and himself flying off from the Body crying Lord have mercy upon me or upon us wipeing off the Blood on his Cloaths and so lay himself over a Seat in the Church some supposing that he would swarff or swoun away called for a Bottle of Water for him After this we went for Morum Castle where Mr. Philip Standsfield my self and several others stayed until it was day In which time I challenged Mr. Philip for his unkindness to me by his not inviting me to accompany the Corps of his Father when first buried knowing the Intimacy that there was betwixt his Father and my self and that of all the People in or about the Town his Father delighted in no ones Company as in mine and that he did not give me notice of his Burial that I might do my last Office of Love and Service to him by accompanying his Body to his Burial place I took it very ill from him So then Mr. Philip swore that he had sent two of 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 Advocat 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 Vmphray Spurway Edinburgh the 7th of February 1688. In presence of the Justices and Assisers Vmphray Spurway ownes his Declaration above-written to be Truth in all poynts As he shal answer to God. Sic subscribitur Vmphray Spurway Linlithgow James Mitchel Nephew to the deceast Sir James Standsfield aged 20 years unmarried purged and sworn Depones that about twenty 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-Market for it Depones that several times about a Month before Sir James's Death he heard the Pannal say that little thought the People had how soon the Panwould 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 John 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 shall 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 shall 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 Girl 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 earnestly desired the said James Thomson