on the left side no Smel 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 sigure 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 Murehead Follows the Report of the Colledge of Physicians Edinburgh 6 February 1698. 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 having 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 thir Presents are subscribed by Sir Andrew Balfowr President of the said Colledge sic subscribitur A. Balfowr P. C. R. M. Umphray Spurway Clothier at New-milns aged 50 years sâ—lutus 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 Umphray Spurway Follows the Declaration of Umphray Spurway English-man I Umphray 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 committ to writing my said Declaration under my own hand which I the aforesaid Umphray 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 Newmilns 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 in to 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 and that to the knowledge of his Son But now he was frustrated of his hopes of that his Son too For his eldest Son had debauched his youngest Son who had several times of late come in Drunk as the other This he declated to me with very great grief of heart But the Saturdays night after Sir James and a Minister one Mr. Bell came to New-milns from Edinburgh I came in at the house of one James Marr where I saw Sir James and Mr. Bell sitting by the fire before he had been at his own house which I wondred at having never known the like done by him before but since I have had my thoughts that he had a fear upon him good Gentleman of going to his own house but having sat some time with him he desired Mr. Marr to send one of his People at his house to know if they had kindled a fire for him And upon the return the Messenger gave this answer May it please your Honour your fire is kindled for you upon which Sir James and the Minister arose and took their leave of Mr. Marr And I also accompanyed Sir James and the Minister half the way toward his home and so took my leave of him wishing his Honour a good night But the next morning being Sabbath-day after the light well appeared one Agnes Bruce came at my Chamber door knocked I went and opened the door says she Sir Sir James is gone out of his Lodgeing-roum this morning and we have sought all the Roums of the house for him but cannot find him she goes off I immediatly followed her and when I came out of my door I met with Master Philip Standsfield and James Dick. Mr. Standsfield declares to me Lord Master Spurway what should be the cause of this man's discontent that he should thus leave his Lodgings and walk out To which I replyed Sir do you wonder the cause of his discontent who never gave him content but had been the cause of grieving him from one to the other of them ever since I knew the Family But he turned his back upon me and made no reply at all however I went at Sir James's house but could not procure the keys of neither of the Gardens and I sent abroad of Sir James's servants and of my own some on horse-back and some on foot to inquire after him At last a servant of mine one Will Bowman found him in the River a little be-west the Town I went at the place and saw him lying about two yeards or eight foot from the Brink of the River lying upon his Belly just at the top of the water as it were floating only his Coat and westcoat loose about him and a shirt on him that I saw I saw the place at the Brink of the River where some one had stood all beaten to mash with feet and the ground very open and mellow although a very hard frosty morning So I gave order to some to get a Ladder and to set the one end into the River as near the hinder part of Sir James as they could and the other end of the Ladder to fall at the top of the Brae which was very steep and so they might
upon him And particularly upon the _____ day of November last which was the last time his Father went to Edinburgh he did most impiously and unnaturally Imprecat God let him never return and God let him never see his face And frequently when he saw his fathers diet taken to him he used to say God-grant he may choak upon it and at other occasions when his father refused to eat he was in use to say God let never more be in his stomach than was in it then And upon the first second third or one or other of the dayes of the moneths of September October or November last by past or one or other of them His mother being recovered out of a swond and having said to him Philip ye will shortly want your mother which will be a gentle visitation to Sir James your father To which he did answer By my soul my father shall be dead before you mother and about eight dayes after he upon the like occasion did renew the same words As also he was in use to declare that though at present he had neither cloaths nor money yet shortly and no body did think how soon he would be Laird of all and then would use other persons as they did him now And at other times declared that before Christmas he would be Laird of all which curses and Imprecations he the said Philip Standsfield by a continual habit used and repeited these several years by past and lately some few moneths or weeks before his Fathers murder And not satisfied therewith the said Philip did proceed to that degree of unnatural cruelty and malicious spite and enmity against his father that upon the first second third or one or other of the days of the moneths of January February March and remanent moneths of the years of God 1680 1681 1682 1683 1684 years or one or other of the days of one or other of the moneths of one or other of the saids years he did attempt to assassinat and offered violence to his fathers person and did chase and pursue him upon the King 's high way at Lothian-burn and did fire Pistols upon his father And likewayes upon one or other of the dayes of one or other of the moneths of one or other of the years of God above-specified he did attempt to assassinat his father for his life at Culterallors and did fire Pistols upon him And his father being afraid of his life and under the apprehension of Violence from the cruel and bloody hands of the said Philip his unnatural son he did to several persons both of quality and intire reputation declare that the said Philip his son had both attempted to assassinat and offered violence to his person and that he was devising and contriving his death And the said Sir James Standsfield his father having upon the _____ day of November last gone from the citie of Edinburgh to his own house of New-milns and about ten a clock at night or thereby having gone to his own Chamber in order to his rest being alone in the roum under the credit trust and assurance of the said Philip his son and his own servants within his own family the said Philip did consult and advise and correspond with some other persons within and about the House for the time to assassinat and cruelly murder his said Father and particularly with George Thomson in Newmilns and Helen Dickson his Spouse and Janet Iohnstoun Spouse to Iohn Nicols there in the house of the said George Thomson many times particularly the Saturdays night immediatly preceeding the murder where he cursed his Father and said he should shortly make an end of him and be master of all And accordingly he and they did murder and strangle him in his bed-chamber and in the dead time of the night did carry and transport him from the said Roum to the water near by the 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 fink or to takeaway 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 takeaway 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 amazment and the next morning very early some of the servants in the house having come to the Roum where his said Father did ly 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 laid Father and by him seeminglie 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 Iohn 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 Newmilns 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 else where and Physicians in Haddingtoun or near by might see the same Yet he refused so to do and caused bury the dead body of his Father privatly 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
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