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.

Sir George M^ckenzie'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 con∣cluded it a murder, and trembled least it should not have been discove∣red; 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 man∣ner, 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 Phi∣lip's Guilt; and this extraordinary discovery has been made, as well to convince this wicked age, that the World is govern'd by Divine Pro∣vidence, 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 ano∣ther; 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 Pa∣rent

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 de∣sign; 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 per∣sons, 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 scru∣pulous, that the Son, who is accused of it, is to die however; for either of the two former Crimes are so far prov'd beyond all doubt, that though he should escape this, he cannot these. And as to the probation of this Crime, I must first represent to you, that in occult or atrocious Crimes, the Law has relaxed and remitted much of its scrupulousness in probation, because in these the ordinary probation cannot be had, and to admit none but such were to reject all; And therefore in Hamesucken which is the beating a man in his own house, but much more the murdering a man by way of Hamsucken in his own house, wherein all means are used to cover, and few can be got for discovering; you must not expect two witnesses who saw the Murder committed, but only such probation as can before God convince you, that this Murder was committed by that man; no Inquest ever failed to find the Murder of Children to be clearly prov'd, though there were no witnesses that saw it committed, & the murdering Parents is a more atrocious Crime, because we owe more duty to our Parents than any Parent does to a Child, and never Son ow'd more than this did, nor can be more believ'd to have killed a Parent. For clearing whereof you are to consider first, that he did not drown himself, as was pretended, but was murdered by some persons; And as the Law violent∣ly

presumes, that no man would Murder himself, so without the help of this presumption it is prov'd most convincingly by ocular inspection, that he was strangled; the marks of strangling viz. the congeal'd blood, the dislocation of one of the vertebrae in his neck &c.: being visible signs prov'd in the ordinary way, and we have added to this the opinion both of the Chirurgions and Phycisians, who at once declare, that he was not drown'd, and that he was strangled; The outward marks likwise of his not being drown'd appearing as visibly as that he was strangled, so you must conclude that he was strangled, except you can think, that after he had strangled himself and broke his own neck he drown'd himself.

In the next place who could have murdered this Innocent and obliging Gentleman, except some Person who had access to his house, wherein he was murdered, and had malice against himself. And these two can meet in no person, but this unnatural barbarous Son; for one of the things that hightens his guilt is, that he should abhorre a Father, who engaged meer strangers to love him as a friend; And we have prov'd, that he not only hated his Father, and that he had done so for many years, but that he vowed he would take away his life before Christmass next, and that in many various, but clear expressions, and at many several times; for sometimes he swore, if he made a disposition to his second Son, he should take his life, sometimes that he should be master of all before Christmass, and he should use the servants as they used him; That though his mother was like to die, that his Father should die before her; And he scarce ever spoke of his Father without swearing he would strike a Sword to his heart, nor would his passion so much as suffer him to dissemble this even to his mother; And he who durst own it to her, durst certainly do it when ever he had occasion.

I proceed now to clear to you, that I have prov'd, that he not only design'd and vow'd in passion, that he would Murder his Father, but that he actually attempted to Murder him, and for this I have Led these wit∣nesses who prove, that when his Father came from the Leaden-mines, he fled in to Culter, as a trembling Partridge pursued by a Haulk, telling some Gentlemen that he had been pursued seven miles by his unnatural Son, who accordingly came to the house, and shot several Pistols in at the windows, whereupon the Gentlemen, who now Depone, were forc'd to watch with his Father all the night, and were forc'd to convoy him the next day near to Edinburgh. We have also produc'd other Gentlemen, to whom his Father declared, that he attempted against his life, and who will not believe the best of Fathers deponing against the worst of Sons? Nor could any thing have drawn this from the Father, save the terri∣fieing danger, to which he was hourly exposed. All the supream Courts of Europe have found the attempt to kill, sufficient to inferr Paricide, this is a higher degree of guilt than cursing, & yet that inferrs death; & to attempt to kill a Father is more villanous, than to kill a stranger, what shall be said then of frequent, and deliberate attempts? And thus you have this Son again prov'd guilty of death, and even of Paricide. That which hastned the perpetrating this crime was, that his Father wearied out with his val∣lanies, was at last forc'd to dispone his estate to his second Son, and tho there be nothing more ridiculous than to ask, what reason the son had to kill his Father as he now does; for there can be no reason for so bar∣barous an action; yet this was a motive to him, and may be a proof to you; for so kind a Father, who had tryed all means and methods to re∣claim

his licencious Son, had never proceeded to this, unless he had been driven to it by those frequent attempts made by his Son upon his Life, in hopes to enjoy his Estate by the death that he was to give. To disapoint which hopes his Father design'd to settle the estate on the second Brother, after which Settlement he could gain nothing but the gallows by killing his Father. Whereupon he to prevent the delivery of the dis∣position, did associat to himself _____ _____ Thomson, whom himself used to call the devils taylour, Thomsons wife & Janet Johnston, who was his own concubine, and his Fathers known enemie, whom he could never have frequented, except upon so barbarous a design. Thomson denyed that he was in the house for eight days before, and yet it is prov'd he was in Sir James's house the night the Murder was committed; Johnston deny'd also before the Council, that she was out of her house after nine a Clock that night, and yet it is prov'd that she stay'd abroad till after twelve, so that her husband was forc'd to send for a stranger, to give suck to her Infant. Why did they both deny, or she abandon her Child, at so suspect a time? And it is ridiculous to pretend as they do, that they forgot so extraordinary a cir∣cumstance in so extraordinary a night, especially being examined upon it, within two or three days thereafter. By their assistance the Murder was design'd to be upon Saturday, the _____ _____ day of January; But God to discover and revenge a Murder (which he thought fit to suffer to be committed for the punishment of so many preceeding horrid Crimes) in∣spired Sir James to bring with him that night, a devout Minister, for pre∣paring the Father, and proving against the Son; And this pious and grave man, whose merit may be laid in ballance with many witnesses, Depones, that he heard that night, the noise of many people within the house, which was inconsistent with Sir James's drowning himself without it: And Depones, that his attention followed this noise until it died out towards the River, into which he was thrown by them; And the Brink is prov'd to have been broken, and beat by many feet, which fortifies much this deposition. It is also prov'd, that he refused that night to come to publick prayer with his Father, swearing that he could not look upon him, and that the next morning, when all went to find out his Father, he confessed he had first found him; But that he came away, without discovering that he had found him, nor did he shew the least grief when he was found by others; whereas if Nature had not been quit devour'd by Vice and guilt, he had certainly thrown himself upon his dead Father, and had lamented that fatal death, which no man, except he, saw with dry eyes; but whilst others were mourning for his Father, this Mis∣creant would not suffer him to be carried in to his own house, Saying, that he died like a dog, O Criminal moderation that never appeared in this passionat creature save upon the death of his Father. O Cursed justice never showen or pretended to save in asserting, that his Father deserved no respect, because he drown'd himself. Upon this villanous pretext, he caused throw him into a remot house, where none were allowed to see the body, save his own accomplices, to prevent all discovery by inspection of it, and for the same reason caused bury him very suddenly, in spight of a countermand from his freinds at Edinburgh. But they fully perswaded, that Sir James was murdered by his own Son, sent out some Chirurgions and freinds, who having raised the body, did see it bleed miraculously upon his touching it. In which God Almighty himself was pleased to bear a share in the testimonies which we produce, that Divine power, which makes the blood circulat during life, has

oft-times in all nations opened a passage to it after death upon such occasi∣ons; But most in this case, for after all the Wounds had been sewed up, and the body design'dly shaken up and down, and which is most wonderfull after the body had been buried for several days, which naturally occasions the blood to congeal; upon Philip's touching it the Blood darted and sprung out, to the great astonishment of the Chirurgions themselves, who were desired to watch this event, whereupon Philip astonished more than they, threw down the body, crying, O God, O God, and cleansing his hand grew so faint, that they were forc'd to give him a cordial. But least any shadow of difficulty might remain with you, his Divine providence, which oft-times reveals it self by the mouths of Babes and sucklings, has brought us two little witnesses, whom as no body could be so unworthy as to cor∣rupt, so none can be such Infidels as not to believe, especially since they Depone against their own Parents, and have owned firmly in their pre∣sence, what they now depone in yours; From them ye have an account, how Philip that night came in to the house of their Parents, and there svvore, he would be ridd of his Father that very night, how they went out at midnight, and after their return made their reflections, hovv easily Sir James had died, and hovv briskly Philip had behaved, by guarding of the door vvith a Pistol in his one hand, and a Svvord in the other, hovv they had hung a stone about his neck, but had thereafter taken it avvay, and hovv the mother durst not stay in her ovvn house, vvhile Sir James's coat vvas there, and if you had seen this little Boy upon his knees, beg∣ging his father to confess vvith so much affection, so much judgement, so much piety, you had needed no other probation, but himself; The Fa∣ther himself before his death vvas convinced, and frequently foretold, that his Son vvounld kill him, and the Mother hovv soon she heard of her Hus∣band's death, and some of the circumstances, novv insisted upon, and remembered vvhat she had heard her Son say to her self, and vvhat he had said at Nunland, concluded he vvas the murderer, in spight even of that Criminal kindness vvhich she had for him, almost the vvhole Na∣tion vvas convinced of this before any probation vvas led; And the Lords of the Privy Council, among vvhom many of our Judges sit, did de∣clare, that they thought that half of the probation vvhich vvas led before them, sufficient to convince an Inquest. Hovv then should the least scruple remain vvith you, before vvhom so full, so clear, & so Legal a probation has been led, that like a Pend, every part of it supports another; & like a Chain, every link dravves on another.

I need not fortifie so pregnant a probation, by laying out before you, how often he and his complices have contradicted one another, & even how often he has contradicted himself, in the most obvious and material points, and how he denyes every thing with oaths and with equal confidence, though never so clearly prov'd; Albeit such as these are the chief things that make up the probation in other cases, nor how he suffered the greatest indignities imaginable from his complices, in presence of the Privy Council, though this convinced many of their Lordships, that he was at the mercy of those complices, who were too far upon his secrets not to be slavishlie submitted to: But I cannot omit, how that since he came in to Prison, he has lived so impiouslie, and atheistically, as shewes, that he had no awe upon his Spirit, to restrain him from commiting any Crime from a love to God, or a fear to hell, and that he constantly filled and kept himself drunk from morning till night, thereby to drown the voice of

his conscience, and to make himself insensible of the terrors of the Almighty.

The Judges have declared what was necessary to be prov'd, and you are only to Judge, if we have prov'd what they thought necessary; and therefore there is no place to doubt, if a mans life may be taken away upon meer presumptions; For the Judges have eased you of that scruple, by finding the grounds in this qualified Libel relevant; and his own Advocats have acknowledged this probation to be so strong & unanswe∣rable, that before the half of it was led, they went away and deserted a Cli∣ent, whom they found they could not defend, nor should any man doubt of a probation, which ones own Advocats think invincible. If then such amongst you as are Fathers, would not wish to be murdered by your own Children, or such of you as are Sons, would not wish the World to believe that you are weary of your Fathers; You will all concur, to find this Mis∣creant guilty of a Crime that God has taken so much pains to detect, and all mankind has such reason to wish to be punished. May then the Almighty God vvho form'd your hearts, convince them, and may this poor Nati∣on cite you as the remarkable curbers of vice, to all succeeding ages.

Thereafter His Majesties Advocat protested for an Assise of Error a∣gainst the Inquest, in case they should assoilzie the Pannal.

The persons who past upon the Assise of Philip Standsfield, returned their Verdict in presence of the saids Lords, whereof the Tenor follows.

The whole Assise called upon the Jury of Philip Standsfield, upon the three Points following, particularly lybel'd against him, to wit, the Crime of Treason, the cursing of his Father, and accession to his Father's Murder, they unanimously in one voice by the Mouth of William Baillie of Lamingtoun their Chancelor, finds the Pannal guilty of the foresaid three Crimes. Sic subscribitur. William Baillie of Lamingtoun Chancelor.