THE TRIAL OF Philip Standsfield, SON TO Sir James Standsfield, OF NEW-MILNS, FOR The Murder of his father, AND OTHER Crimes Libelled against him Feb. 7. 1688.  
For which he had Judgement, That on the 〈…〉 the Hours of Two and Four in the Afternoon, To be carri●● 〈◊〉 the Mercat-Cross of Edinburgh, and hanged 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 affixed 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 Majesty's happy Restauration; and the Armies Disbanding, he betook himself to Merchandizing, and very considerably in returning of moneys 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 Public Spirit, and having Married a Scotch Lady, and gained a considerable Estate in that Kingdom, sought all Ways, Just and Honourable to do it good: And amongst others, at a vast Expense, settled the Linen 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 Employed, 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 Unnatural Eldest Son, even in his own Bedchamber, 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 rendered 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 Father's 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 Unnatural and Bloody a Fact.   

The Trial of Philip Standsfield, Son to Sir James Standsfield of New-Milns, for the MURDER of His Father, and other CRIMES Libelled 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, etc. 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,  

endited and Accused at the Instance of Sir John Dalrymple Younger of Stair, His Majesty's Advocate 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 malicious and seditious Words to the disdain of His Sacred Majesty's 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 malicious and advised Speaking, express and declare such their Treasonable Intentions, after such persons, being legally Convicted thereof, they shall be deemed, declared and adjudged 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 Movables: And of all other Murders, Parricide is the most atrocious and unnatural; and Murder under Trust, is punishable as Treason with forfeiture 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 lieges, 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 tried, and the Person dilated found guilty by an Assize 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 said's Laws and Acts of Parliament, did dare and presume to commit the said's horrid and detestable Crimes, in swa far as, upon the first, second, third, or one or other of the Days of the Months of June, July, August, or September last by past, one or other of them, he did, within the House and Kitchen of New-milns, call for Ale to Drink some Healths, and in the presence of John Robison, than his Father's Servant, Agnes Bruce, likewise his Father's Servitrix, and several others, he did, as a most villainous and avowed Traitor, presume and dare to begin a Health to the Confusion of His Sacred Majesty, his native Sovereign, and did drink off the same, and caused others in his Company do the like. And sicklike Sir James Standsfield of New-milns his Father, having caused Educat and bring him up decently, and in plenty conform to his Rank and Quality, and having left no means unessayed for his Literature, Education and Subsistence; yet he being a profligate and debauched Person, did commit, and was accessary to several notorious Villainies, for which, both at home and abroad, he was apprehended and detained Prisoner, as in the Marshal-Sea-Prison in Southwark, in the public Prisions of Antwerp and Orleans, 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 villainous 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 entertain ane Hellish Malice and Prejudice against the said Sir J. S. 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 days of the Months of the Year 1680, within the House of James Smith in Nungate or Haddingtoun: and upon the first, second, or third, or one or other of the days of the Months of January, February, March, and remnant Months of the Year 1687, within the House of James Baikbie Fermorer in New-milns; and within his Father's own House of New-milns, and in the House of William Scot there; and upon the first, second, third, or one or other of the days of the Month of January, February, March, and remanent Months 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 Months of the said's 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 ties 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. God damn 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 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 imprecate, God let him never return, and God let him never see his Face. And frequently, when he saw his Father's Diet taken to him; he used to say, God grant he may choke 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 days of the Months 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 days 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 clothes 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 Stansfield, by a continual Habit, used, and repeited these several Years by past; and lately some few Months, or Weeks, before his Father's 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 Months of January, February, March, and remanent Months of the years of God, 1680, 1681, 1682, 1683, and 1684 years, or one or other of the Days, of one or other of the Months, of one or other of the said's Years; he did attempt to assassinate, and offered Violence to his Father's Person, and did chase and pursue him upon the King's Highway at Lothian-burn, and did fire Pistols upon his Father. And likeways upon one or other of the Days of one or other of the Months, 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 entire 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 City 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, and 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 New-Milns, and Helen Dickson his Spouse, and Janet Johnstoun Spouse to John Nicols, there, in the House of the said George Thomson many times, particularly the Saturdays Night, immediately preceding 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 Bedchamber, 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 Waterside, and tied a Stone about his Neck, to make him sink in the Water; and before he was thrown 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, lest when he should be found, it might thereby appear that the Stone had been tied 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 lie, and having miss 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 Father's 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 Waterside, directly opposite to the Body, with his Eyes fixed on the same, before his Body was found or known to any others than the Murderers; 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 strait 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 Father's Body being taken out of the Water, the same was by his order, carried to a dark Outhouse; and though he was desired by the Friends and Servants present, to suffer his Father's dead Body to be carried to his own House, and kept therein, and not to be buried till his Friends in Edinburgh, and elsewhere, 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 said's Chirurgeons 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 Chirurgeons, 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 Rightside, 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 terror, that he immediately let his Father's Head and Body fall with Violence, and fled from the Body, and in consternation and confusion, cried, Lord, have Mercy upon me, and bowed himself down over a Seat in the Church (where the Corpse were inspected) wiping his Father's innocent blood off his own murdering Hands upon his clothes. By all which it is manifest, that he did most traitorously express his hatred and malice to his Majesty's 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 Assize, he ought to be punished for the treasonable Crimes above-specified, with forefaulture of Life, Land and Goods, and for the other Crimes abovementioned, Capitally, and with the pains of Death and Confiscation of Movables, to the Terror and Example of others to commit the like hereafter.   



Pursuers.  
Sir John Dalrymple, younger of Stair, His Majesty's Advocate.  
Sir George Mckenzie, Advocate.   

Procurators in Defence.  
Sir David Thoirs.  
Sir Patrick Hume.  
Mr. William Moniepenny.  
Mr. William Dundass.    
The Pannals Procurators produced two Warrants of Privy Council, Commanding them to compeir and plead the Pannals Defence.  
SIr Patrick Hume for the Pannal (always denying the Indictment, and whole members and qualifications thereof) alleadges, That as to the first part of the Indictment, 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 lybeled, and several times before and after, the Defender did most heartily and cheerfully in several Companies drink the King's Health, and upon all occasions he was ready to testify 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 Soldier in the Earl of Dumbarton's Regiment, and continued in the King's Army till the Rebels were defeat, and the Volunteers dismissed.  
As to the second part of the Libel, in relation to the Pannal, his alleged commiting and being guilty of, and accessary to many notour Crimes abroad, and being detained Prisoner in London, Antwerp, Orleans, etc. 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 denied, that the Pannal was guilty of, or accessary to any notorious Crime abroad, or put in Prison upon that account, nor is there so much as any Crime condescended upon.  
2ᵒ. The Defender could not conceive any prejudice against his Father, upon the account of Disponing his Estate to his second Son; for he knew nothing thereof till after his Father's decease, that one Alexander Ainslie told him that his Father made such a Disposition.  
3o. As to the pretended Expressions, that the Defender should have had of Railing, Cursing, and using Imprecations against his Father, in so far as the samen are lybeled to have been done abroad, in England, Holland, or other places, he cannot be liable to the punishment inflicted by the Law of this Kingdom, because when a party commits a Crime in another Nation, he is only to be punished according to the Law of the place where the Crime was committed, and not according to the Law of the Nation where he is a Subject, or has his dwelling: As is clear by the Common Law, Authentic Cod: ubi de criminibus agi oportet, Qua in provincia quis delinquit, ant in qua pecuniarum aut criminum reus sit, sive de terra, sive de terminis, sive de possessione, sive de proprietate, sive de hypotheca, aut de alia qualibet occasione, vel de qualibet re fuerit reus illic jure subjaceat, quod jus est perpetuum. In that Nation where any Person commits a Crime, or is liable to answer upon any account whatsomever, he is to be judged by the Law of that place, which is established as a perpetual Law, and Mattheus de Criminibus, in his title, de poenis, is express of the same opinion.  
4ᵒ. As to all those pretended Expressions of railing, cursing, and threatening, lybeled, that were before March, 1685. The Defender is secured by the Act of Indemnity, by which all Crimes are indemnified, preceding that time, against the Government and Laws.  
5ᵒ. As to any pretended Expressions, of railing and cursing, since that time, they being but Injuries alleged done to the Father, he might and did remit the samen, in so far he did not challenge and pursue the same in his own time, and this is clear from the Common Law, Carpzov. Part 2. Quaest. 65. Actio autem injuriarum nec active nec passive in Haeredes transit, etiamsi mortuus illatas injurias ignoraverit. Institut. lib. 4. tit. 12. par. 1. de perpetuis temporalibus action. Leg. 10. par. 2. ff. si quis cautionibus in jujudicio fisten. And leg. 13. ff. de injuriis, injuriarum actio neque haeredi neque in haeredem datur; As also it is a Principle in Law, that dissimulatione tollitur injuria; and if it could be made appear, that the Pannal had any such Expressions, the Father did dissimulat and pass from the same, in so far as by a Letter, dated in June last, written by the Father to the Panel, he order him to take in his Chamberlain Accounts of the Rents of his Lands, and of any Money he had received from the Tenements, or for the Corns sold, and that he expects he will do the same exactly, and recommends to him, to be careful of all his Affairs, and subscribes himself to be his Loving Father; By which it is evident, that all former differences (if any were) betwixt them were then taken away.  
As to the third part of the indictment, in relation to the several Acts and Qualifications insisted upon: To infer, that the Defender had accession to his Father's death. It is answered, (primo) That the indictment, in so far as it is founded upon the 51. Act Par. 11. K. Ja. 6. in relation to the Murder under trust, which is declared to be punishable as Treason, is not relevant: Because the Father cannot in Law be said to be under trust and assurance of the Son, and that Act of Parliament takes only place in Cases where a man is invited to his neighbour's House, or of an Traveller being in an Inn, and that he be murdered under that trust, and the same Act of Parliament being founded on in the case of Swinton, who killed his Wife, in the year 1666. the Indictment was restricted to simple Slaughter. And in the case of Master James Oliphant, in the year 1665, The Lords of the Session found, that a Son's killing his Mother, was not Murder under trust, and so he was not punishable by that Act of Parliament, as guilty of the Crime of Treason.  
2ᵒ. The Acts and qualifications condescended on to infer the Defenders Accession to his Father's death, are but very remote and uncertain, for as to that expression, That the defender is alleged to have threatened his Father's death, It is the opinion of all Lawyers, who have written upon the subject, that that is but a very remote Presumption. And as Carpzovius expresses it, Part. 3. Quest. 121. Numb. 51. quod est indicium admodum periculosum quippe cum homines saepe nil minus faciant quam quod minas exequantur et ira cundia agitatus minas de crimine perpetrando saepe jactet ipso tamen animo fervore paulo post disscusso cohibeat manus et abstineat a facinore illo quod forsan ab alio postea committitur. And Paris de puteo gives an instance in his Tractat de syndicatu upon the word Tortura; and Boverius, That a Woman seeing a Person going by her Window, against whom she had a Prejudice, and that another having a hatred against her, and hearing that she had threatened to cut off that Persons Legs, the party that did hear the Woman use the threatening, did the thing, upon which the Woman that did threaten, being challenged, and put to the Torture, did confess; Yet thereafter it was found, that she was altogether innocent, and that another had done it.  
3o. As to the pretended Acts of the Defenders alleged Pursuing, and Invading his Father, and firing Pistols at him, at Lothian burn and Culterallors, in Annis 1683, and 1684. As it is most groundless, so if need were it could be made appear by the Persons who were in company with him at that time, That the Defender, and his Father, were then in entire friendship all alongst the journey, and he was so far from making any such attempt, That it can be made appear, that the Defender did behave himself towards his Father, with all the submission and respect that became a Son to have to his Father; But as to these and all other Acts preceding March, 1685. the Defender is secured by the Act of Indemnity, and as the Defender cannot be pursued for any Crime preceding that time; neither in Judgement nor out with the same, they in effect being no Crimes, being taken away by the Act of Indemnity, they cannot be so much as made use of as qualifications or aggravations to infer another Crime posterior thereto.  
4ᵒ. As to that pretended qualification, that when the Defender did touch his Father's dead body after it was taken out of the grave, the Corpse did bleed.  
It is answered, that this is but a superstitious observation without any ground either in Law or Reason. And Carpzovius relates, Part 3. Quest. 122. Numb. 31. That several Persons upon that ground had been unjustly challenged, and that he in his own experience, had seen a dead body bleed in presence of a person who was not guilty, as also that he has seen the body not bleed in presence of the Person that was guilty. And Mattheus de Criminibus, is of the same opinion, Tit. 16. de Quaestionibus, Numb. 12. de Sanguine porro de Cadavere profluente quod dicitur id de plurimis experimentis comprobetur tamen cum experimenta falsa sint ratio vero idonea nulla reddi possit, non putaverim indicium ad torturam sufficiens esse; non enim sapientis Judicis est incerto experimento credere quod certa ratione dirimendum est. And the truth is, the occasion of the dead bodies bleeding, was that the Surgeons that came out to visit the body, did make an Incision about the neck, which might be the occasion of the bleeding, and also the very moving of the dead body when it was taken out of the grave, and out of the Coffin might occasion the bleeding; especially seeing the body did not bleed for some time after, which certainly was made by the motion, and by the incision: As also as a further evidence, that it could not be the Defenders touching the body, the Surgeons did likeways touch the Body as well as he, and several others present, so that the bleeding could no more be ascribed to his touching, than the touching of the other persons present.  
5ᵒ. As to the other Articles Lybeled, Relating to the pretended Murder, They are but mere stories, and the truth is, and it is offered to be proven, That the Defender having gone to his Chamber and Bed the night before his Father's death, He did not stir out of his Bed, nor out of the Roum, till the next morning, that John Robertson his Father's Servant came to his Chamber, where he was in Bed, and told him that he had been in his Master's roum, and that he could not find him; Upon which the Defender immediately arose, and put on his clothes, and went out to see where his Father was. And shortly after word being brought him, by some Persons in the Town, that they did see his Father's Body lying in the Water, and it being generally concluded by all, that he had thrown himself in the Water, and the body being taken out, and laid in a Low-Roum; It was thought fit by all the neighbours about, that he should be buried the next day.  
6ᵒ. The particulars Lybeled, to infer the Defenders accession to his Father's Death, being but remote and uncertain conjectures, It is a certain principle in Law, that ex praesumptionibus et conjecturis nemo criminaliter condemnari potest, especially as to a Capital punishment: As is clear from the common Law, Leg. 5. digest, de paenis, sed nec de supplicationibus debere aliquem damnare, satius enim est Impunitum relinqui facinus nocentis quam Innocentem damnare. And which is the opinion of all lawyers, writing upon the Subject; As Bartol, upon the foresaid Law, and Farin. part. 3. oper: Crim. Quaest. 86. and the lawyers by him there cited. And Muscard de prob: Conclus: 223. lays it down as a certain conclusion, quod Argumenta quantumcunque urgentissima etiamsi essent talia qua mentem indicantis adeo coactarent quod aliud credere non possit, non tamen sufficerent ad condemnationem paenae corporalis sed duntaxat pecuniariae.  
7. The presumptions and qualifications Lybeled, cannot be sustained even to infer an Arbitrary punishment: Because they may and are taken off by other presumptions, That either the Father was not murdered, but that in a Frainzie or melancholy fit he had thrown himself in the Water: Or at least if he was Murdered, that the Defender had no accession thereto, and the presumptions condescended upon in behalf of the Defender, to eleid the presumptions contained in the Indictment, are these. That it is notourlie known, That his Father was subject to melancholy fits, and that in the year 1679, the time of Bothwell-bridge, It is offered to be proven, that he was in a fit of distraction; And at another time in his house at the Netherbow, he was going to throw himself out over the Window, If one Thomas Lindall had not come in at the time & pulled him back by the Legs, when his body was half out at the Window: And some few days before he went out of Edinburgh last, he came to George Sterling, Chirurgeon, and desired him to draw blood of him, for a distemper in his head, which he refused, unless he had advice from a Physician. As also a day or two before he went out of the Town, he was seen reading upon the Book of Burtouns Melancholy. And that day when he went out of the Town in company of Mr. Bell the Minister, & Aiton Merchant in Haddingtoun, they observed him to be melancholy, disordered, and more troubled than ordinary; Or if it could be made appear, that the Father was murdered, Yet it cannot be presumed that the Defender had any accession thereto, or that he would have committed such an Act against the very ties and light of nature: As also it appears by the foresaid letter, written to the Defender by his Father, that they were in entire Friendship; As also when the surmise went abroad, that his Father had been murdered, if he had been conscious to himself that he had any accession thereto, he would have certainly fled the Country, and gone away: But he was so far from that, that upon the first rumour of it he came presently in to Edinburgh, and several days thereafter, it being told him, that he was suspected to have accession to his Father's Death, he came voluntarly and entered himself in Prison, that he might undergo the strictest and severest Trial. Which alone is sufficient, if it were no more to take off all the presumptions Lybeled, and to convince the World of the Defenders innocence; And it being a principle in Law, That una praesumptio tollit aliam, The presumptions adduced for the Defender ought to be preponderat, Mascard. Conclus. 1205. is positive, That presumptiones quae stant pro reis praevalent. As also that Praesumptio affectionis naturalis praevalet contrariis praesumptionibus. So that upon both these considerations, the presumptions alleged for the Defender ought to be sustained, to take away the presumptions Lybeled, and to free him from the Crime.  
His Majesty's Advocate answers, That the Libel consists of three Articles, (Primo) Treason by the Pannals drinking the King's Confusion, and by the Murder under Trust. 2ᵒ. The Cursing of a Parent. 3o. The Qualifications inferring the Pannals accession to the Murder of his Father.  
As to the first, it cannot be denied, but that the drinking or wishing Confusion to his Majesty, is the highest Act of Contempt, Malice, and Disdain to his Royal Person; and as the Relevancy of this Article is not expressly controverted, so the atrocity of the Act, and the forcing others to do the same upon the common grounds of Law, does clearly infer Treason, and it cannot be expected, that such extravagant words should either be expressed, or particularly provided against by any Law in express terms; but the nature of the words in express terms of our Law discharging all Speeches to the disdain of his Majesty, the contempt of his Authority, do clearly and naturally comprehend the words Libeled, and by the common Law, Ad leg: jul. Maj. crimen laesae Majestatis ad exemplum legis scriptae est vindicandum.  
And whereas it is pretended, that these words were inadvertantly said, and that it appears by the tract of the Pannals life, and his readiness to engage in his Majesty's Service, that the words could not be deliberate and malicious. It is replied, That it is offered to be proven, that the drinking Confusion to the King, was openly and plainly proposed; And that the Pannal did deliberately send out for Ale to drink certain Healths, and that this Health to the King's Confusion was the first or second; and that it was no lapse or mistake in the expression; but that he forced others to pledge and drink that same Health: And the malice and disloyalty is evident by the Healths subsequent, viz. Antichrist's, &c. and it is not at all relevant, (after the reiterate and deliberat expressing of these words) that he had retracted or drank the King's health; for a crime once committed, is not retracted or taken off by such inconsistent and unconsequential Speeches; But to show the sense the Pannal had of the importance of his own words, the Pannal being informed, that some of the persons present had divulged his having drunk the King's Confusion, the Pannal did conjure them to secrecy, and did menace the Witnesses with a great Kane, that he would beat and brain them if ever they told it.  
Whereas it is answered in general, as to all Crimes committed without the Kingdom, that they cannot be cognosced or punished here. It is replied, That as to all Crimes against Nature or the Law of Nations, as every party is competent to be an Accuser, so every Judicature is competent, and therefore as to the crimes of Treason, or Cursing of Parents, wherever committed, they are punishable by the Justices: But because in relation to the Crimes committed abroad, there is no positive Probation, but Declarations and Testimonies; Therefore as to these Crimes, His Majesty's Advocate does not insist on them as distinct Crimes per se, but as Qualifications, Documents and Evidences of the habitual Debauchry, and unnatural Malice expressed by the Pannal against his Father for a Tract of many Years.  
Whereas it is answered, That as to all Crimes preceding 1685, they are taken off by the Indemnity. It is replied, The Indemnity 1685, is no general Indemnity, neither as to Persons nor Crimes, but particular Crimes are Remitted, and particularly enumerat without any general Clause: And as Cursing of Parents is not particularly enumerat, so by the Nature of that Crime, it cannot be included or comprehended in any general Indemnity: And the words of the Act of Parliament, 20. Act. 1. Par. K. Ch. 2d. bears expressly, That the Cursers of Parents shall be put to death without mercy. So that a general Act of Indemnity or Mercy without a special Remission, could not include this Crime, which as the Act of Parliament bears, is expressly against Nature and the Law of God: And by the Opinion of all lawyers, General Indemnities do not extend to all Crimes; but these Crimes which are called in Law Crimina excepta, are never intended to be Indemnified, nor such Crimes, where the Interest of Parties is more than the Interest of public Justice, and in all former and General Indemnities, Murder and other Crimes are particularly excepted with a general Clause, excepting all such Crimes as use not to be comprehended in general Acts of Indemnity; So that this so horrid a Crime, wherein the Parent was more interested than the Public, neither was nor could be comprehended under a general Indemnity: As also that restricted, limited Indemnity, bears expressly an exoneration for all persons below the degree and quality of an Heretor, Wodsetter or Burgess; and whether the Pannal were an Heretor or not, yet it cannot be said, that he is below the degree and quality of a Wodsetter or Burgess; and therefore the Act of Indemnity is of no use to him.  
Whereas it is answered, That Sir James was reconciled with the Pannal, and wrote kind Letters to him, whereby dissimulando former Injuries were taken off. It is replied, That Injuries are only taken off dissimulando, which are not atrocious, but never specific Crimes, wherein the Discharge or express Renunciation of the Party injured cannot liberat a vindicta publica, the punishment of Crimes, especially in Capital Punishments, belonging to the Magistrate, and the private Party has not the sole Interest, nor can dispense with Capital Punishments: But the Letter founded upon, does not in the least infer the Parties forgiveness or dissimulation of the injury: And a Father ordering his Son to call in for Chamberlain Accounts, without impowering him to Discharge the same, is not the least evidence of confidence in his Son, much less a Remitting of his Crime.  
And as to the second Article in relation to the Cursing, it is positively offered to be proven, not in single Acts, but by a tract and habit of cursing his Father in the most abominable Terms imaginable.  
As to the third Article in Relation to the Murder, that this matter may be clear, & ut constet de corpore delicti, these undoubted Qualifications are offered to instruct, that Sir James Standsfield was murdered and strangled, and that he did not drown himself. 1ᵒ. It is offered to be proven by the Minister; that was that night in the House, that long after ten a Clock at night, and that Sir James had retired to the Chamber, where he lay a loan, the Minister heard the confused Whispers, Murmurs, and Noise of several persons, both Men and Women, which affrighted him, and that he heard the noise go away by the backside of the House, which leads directly to that Pool where Sir James his Body was thrown in the Water.  
2o. Sir James' Body was found swimming above the Water, and albeit it appeared by the Ice upon the top of his clothes, that he had been several hours in the Water, yet there had no Water entered into his Body, which is a demonstration, that he was dead before he was thrown in the Water; for a person thrown alive into Water drawing in of Air and Respiration, being in the Water, he must draw in Water, and if the person draws in as much Water as fills his concavity, he becomes heavy, having so much more weight of Water, and therefore he sinks; But if a person be thrown dead into the Water, when the Clap of his Throat is shut, the Water cannot enter, and there being so much emptiness, the Body is light and supported by more parts of Water, than the gravity of the Body can depress. 3o. There being several Chirurgeons and others sent out by order from Authority to take up and inspect the Body; to see whether there was any evidence of Strangling, or other Symptoms of Murder upon the Body: It did appear to all these persons who did depone before a Committee of the Privy Council; That from the one Jugular Vein to the other round the Neck, there was a tumour of congealed black bruised Blood, three inches broad, and that there was congealed Blood in the Throat, upon which matter of Fact, the College of Physicians have given an unanimous Testimony in writing, that Sir James Standsfield was Strangled and not Drowned: And the Deaconry of the Surgeons being convened, have emitted a Declaration in Writing, concurring and agreeing with the Report of the Physicians; So that it is as clear as the Light of Day, that Sir James Standsfield was murdered.  
2ᵒ. For the Qualifications that the Pannal was the Murderer, or accessary to the Murder of his Father, these clear evidences are offered, which makes his Crime without possibility to be palliate or denied. 1ᵒ. It is notorious that the Pannal is a most debauched, vicious, pernicious Person, and has been Prisoner or condemned to die in all the places or Societies he ever haunted; He entered a Soldier in the Scots Regiment where he was condemned to die at Treves, but made his escape, and his being in Prison, in the Marshal-Sea-Prisons, Orleans, and Brussels, (which makes the Circuit of his Travels) are not denied; and his profligat life and constant drunkenness, since he came to the Prison, is offered to be proven by the Keepers: and as it is unnecessar to trace all his Debauches; so there is one material point offered to be proven, That upon the least provocation either by Man or Woman, the Pannal used to swear by horrid Oaths, that he would take their lives, though he should die in the Grass-mercat for it.  
3o. Sir James Standsfield for these Debaucheries having disherished the Pannal, and disponed his Estate to his second Son: It is positively offered to be proven, That in the N●●gate of Haddingtoun, in James Smith's House, the Pannal being told, that his Father would disherish him, he with horrible Oaths vowed to cut his Father's throat.  
And whereas it is answered to this qualification, That the saying that a Son would cut a Father's throat, is but a remote circumstance. It is replied, That the Law, and all lawyers do agree, That Minae praecedentes & damnum secutum, is a most pregnant qualification of that party's Crime, especially where the Threats were to cut a Father's throat, which of itself was so horrid and unnatural a Villainy, that it cannot be doubted he who durst vow it, wanted but an occasion to act it. And it is acknowledged, that though this be the clearest presumption, yet per se, it is not full probation: For though the Son had both vowed it, and resolved it, yet by an accident he might have been prevented; but the presumption at least lays the burden, that except the Pannal could condescend, and document, that some other Person killed his Father, he must be repute the Murderer.  
2ᵒ. It is offered to be proven, that Sir James Stansfield who was a Person of eminent sobriety, and veracity, did declare to several persons, that his unnatural Son had attempted his life, and offered violence to his person, and particularly, that he had pursued him on Horseback, and fired Pistols on him; and that same Friday before Sir James was Murdered, he did declare that it was not his Debts, or any thing under Heaven that troubled him, but that his Son, and Family were plotting and contriving his destruction, and the next night he was murdered.  
3o. It is offered to be proven, that the Pannals Mother declared, that her Son had vowed to be his Father's death, and that he was a vindictive Person, and that she did apprehend he had murdered him. So as to this Article, there is a concourse of the Pannals own Oaths, to murder his Father, and of his Father and Mother's Declarations, that he had attempted, and was still plotting the same.  
The second Qualification is, that that Saturdays- night, Sir James Stansfield came home: The Pannal would not come where his Father was, either to Supper, or Prayer, and being expressly desired by several Persons, to go to his Father, and speak with him: He declared, (that same night he was murdered) he could not endure to see, or look upon his Father; and he had been all that day closely with Thomson and his Wife, and Janet Johnston. So after ten hours at even after the Family was gone to Bed, he came out to Thomsons House, which is hard by the Gate, and there in presence of Thomson, his Wife, and Jannet Johnston, he declared that his Father would neither give him Money, nor clothes, and cursed his Father, and declared that he would shortly make rid of him, which agrees with what he had several times said in other Companies, that he was to be Laird before Christmas and that he was shortly to be Master of all, and none could think how soon. As also shortly before Sir James' Death, the Pannals Mother falling in swound, it was said to him, Philip, ye will shortly want your Mother; to which he answered, by God his Father should be dead before her; And eight days after, his Mother falling again Sick, he repeated the same words, whereby it is evident the Murder was deliberate and determined.  
3o. On the Sunday morning, before Sir James' Body was found, Philip came to the Minister's Chamber, and told him that his Father was gone out in the night, and that he had been searching for him about the Pools, and water side; and when the Minister reproved him for making such insinuations against his Father, he laughed at him, and went away to the Pool, and stood looking upon his Father in the water, but made no Discovery; and thereafter a stranger coming by upon the Highway likeways, seeing Sir Jame's body in the water, he came back and discovered the matter; at which Philip seemed surprised, and told that he had seen his Father's Body in the water before, but he did not think fit to be the first discoverer, which shows, that he was conscious of his own guilt; other ways upon the first sight of his Father in the water, he would have gone to him, but on the contrary, he never laid a hand upon his Father's Body, either to pull him out of the water, or to carry him into the House, for the dread of some extraordinary discovery, and did not allow the Corpse to be brought within his Father's gates, but caused carry the Corpse to the Wake-miln, where to cover the appearance of Strangling upon his Body, he entrusted Jannet Johnston with the care of woonding him, who was known to be a person so odious to Sir James, that he could not see her for her baseness with the Pannal, and she did acknowledge, that she had not been for three quarters of a year within the House before; and yet this infamous Strumpet, who has been Tortured by order of the Privy-Council, as Accessary to the Murder, chiefly entrusted to see the naked body, and the clothes put on.  
4ᵒ. The Pannal did refuse to send for a Chirurgeon, and to let his Father's Body be sighted, though the Minister, and others did expressly demand it; and the Englishmen in the Manufactory, who were acquainted with the Crowner-Laws, they made a mutiny anent the Burial, till the Corpse were sighted; yet the Pannal caused bury the Corpse that same night without showing them.  
The Corpse being raised by order, and incision being made, whereby the Strangling did clearly appear, and the Corpse being dressed clean, and Linen put on, there did appear no blood; but to take off all suspicion, the Corpse were lifted up, and the Night cap being wrong put on, it was altered and changed, and thereafter the Corpse were laid down without any blood upon the Linen; and the Pannal (who to this time had never touched his Father's Corpse) being required to assist to lift the Body into the Coffin, having taken his Father by the right side of the Head with his left hand, James Row bearing the left, the Pannals hand was altogether blooding, as if his Hand had been put in a Vessel of Blood, which notwithstanding of all his Impudent resolution to the contrary, had that horrible impression, and conviction upon him, that he let his Father's Head fall to the ground, and cried out, O God, and run away and went to a Desk in the Church, where he lay groaning and in confusion, but durst never return to touch the Corpse, and as there can no natural reason be given, but an ordinar and wonderful Providence of God, in this kind of discoveries of Murder: So the Fact was never more evident, and sure, though half a dozen of Persons were bearing the Corpse, no man's hands were bloody but the Pannals, and the Corpse being two entire days in the Grave, in that Wether and Season, the Blood by the course of nature was become stagnat and congealed, so that the former tossing, and lifting of the Corpse, and even the incision itself had occasioned no such effusion, but only some water or gore; but upon the first touch of the Pannal the Murderer, there appeared abundance of liquid florid Blood, and though this per se might not be sufficient, and as Mattheus is cited, it should not infer Torture, yet Mattheus acknowledges that most part do sustain this, as a violent presumption oft times experimented, yet in his opinion it is not sufficient for Torture, Because Torture being in itself a punishment, it cannot be used, except where there is semiplena probatio, or where the Conscience of the Judge is satisfied, as to the truth of the Crime, and therefore uses an extraordinar course, to extort an confession, which proves that this presumption is semiplena probatio per se according to their own grounds.  
And whereas it is alleged, that Capital punishment cannot be infered from conjectures, but from clear and positive testimonies. It is answered, that the Lex. vlt: Cod: de probationibus, clearly states that probation is either, Testibus, tabulis instrumentis documentis & indiciis. And Mattheus states a particular title upon this single question, Cap. 6. Titulo 15 deprobationibus, and does most positively determine that Crimes are to be proven Documentis, Argumentis & Indiciis. And it is most evident, that the probation which arises from the nature of the thing, which is incapable to be soffisticate, or imposed upon, as Witnesses may be, that kind of probation is the surest, because it is always the same, and admits no variation: It's true, and it is acknowledged that Argumenta & Indicia must be clara & evidentia, and probation being Quod facit fidem Judici, every man's experience tells him, that the complication and conjunction of so many evident qualifications, though none of them per se were sufficient, yet being all of them joined, it induces a greater certainty, than two Witnesses positively deponing upon the Fact. And therefore the evidence of the probation belongs to the Inquest, and the relevancy that these Articles conjoined, or any part of them are sufficient to infer the Crime, belongs to the Judge.  
As to the Presumptions offered for the exculpation of the Pannal, they are not at all relevant; for though so horrid a Murder is not to be presumed against Nature, yet being proved, or so strongly evinced, it does but conclude the Pannals greater Gild; and suppose that Sir James Standsfield was formerly Melancholy, and had been Frantic in the year 1679, yet it is known he recovered his Health, and was of a composed, sedat temper of mind for many years thereafter, and was as capable and diligent about his Affairs, these many years, as he had been formerly, and was so considered and employed by the wisest men in the Kingdom; and at the time of his Death there was no Sickness, or returning of Frenzy upon him, but all that Week he had composedly done his Affairs; and did upon the Saturday, when he went Home, discourse rationally upon all the Subjects that occurred: But it being so clearly documented and proven that he was Strangled, it is a ridiculous conceit, and there remains no possibility that after he was Strangled, he walked out and drowned himself. And as to that Presumption, that the Pannal rendered himself Prisoner, it was indeed suitable to the rest of his Impudence, and he did not render himself till after the Order to apprehend him was intimate to him, when he could not Escape, and when he was under Observation, and there did not want Project in fixing upon this Impudence when he could not Escape, as an qualification of Innocence, that he would render.  
Sir David Thoirs without repetition of the Replies made by His Majesty's Advocate, doth make his Duply to the foresaids Replies, and every member thereof, in order as follows, viz.  
TO the First, Anent the Treasonable Words, the Pannals Procurators oppon their former Answers, and the Act of Parliament whereupon that part of the Ditty is founded, being only in order to such Treasonable Speeches advisedly spoken. The constant tract of the Pannals life, in drinking his Majesty's good Health at all occasions, and offering to adventure his life in his Service in the last Rebellion, sufficiently demonstrats, that if any such Expression did escape the Panel, as it is denied, the same was only rash and unadvised, and not deliberate and advised, as is required by the Act of Parliament, to infer the pains libelled; and the qualifications added by my Lord Advocate, bearing, that the Pannal did conjure the persons then present to Secrecy, demonstrats, that the Pannal was ex incontinenti heartily sorrowful and penitent for the same. And it's clear by that excellent Law of the Cod, the words whereof are, Si quis Imperatori maledixerit, si ex insania miserando, si ex temeritate, & petulantia temnenda, si ex animo injuriandi ad principem remittendum, which demonstrats, that by the Common Law, such an rash and unadvised Expression was never to be laid hold on to infer a capital Punishment, where the Person alleged, expresser thereof, was not otherways suspect of Disloyalty.  
2o. Repeats the Defence as to Crimes alleged committed abroad, and it were against reason, and equity, that persons for one and the selfsame Crime, should be subject to the punishments of several Jurisdictions, where the punishment of the said's Crimes are different: But seeing my Lord Advocate declares he hath no Probation for these alleged Crimes, but Certificats and Affidavits, they cannot be obtruded as a part of the Libel, because the saids pretended Certificats and Affidavits, are neither insert in the Libel, or given out to the Pannal, and all Crimes are to be proven testibus, non testimoniis; and if the custom of Affidavits should be introduced in this Court, all Pannals (how innocent soever) might be murdered, by being deprived of their unanswerable Objections against the Granters of these Affidavits, etc. and therefore they cannot be sustained as a qualification to load the Pannal, or make the Inquest have a prejudicated opinion of him.  
3o. As to my Lord Advocat's Reply anent the Act of Indemnity, the former Defence and Act of Indemnity is opponed, and bears expressly Murders, Robberies, Slaughters, and all other Crimes committed against His Majesty, and Laws of the Kingdom, either by Word, Writ, or Deed, which undoubtedly excludes all alleged Crimes, said, done, or committed by the Pannal before that time, and this favour & gratia principis, is to be ampliat and extended, and not restricted, and all His Majesty's Judges and Officers of State are commanded to sustain the same, according to the most ample Interpretations for the Pannal, that the Words will allow.  
4ᵒ. The pretence that the Pannal was of the quality of a Burger, or a Baron, is most irrelevant, the Pannal having no visible Fortune at the time, and as my Lord Advocate himself acknowledgeth, no expectation of any Fortune whatsoever, so that if Barons, Burgars, Liferenters, Woodserters, and likewise these who have nothing in possession at the time, shall be secluded from the benefit of that Indemnity, it is scarce intelligible, to whom, and for what cause the same was granted. 3o. And as to that part of the Reply, bearing, that this was a private Injury, and so not comprehended within the Act of Indemnity, the former Defence is opponed, and all pretence of private Injury was taken away by dissimulation or death.  
As to the pretence that the Reconciliation can be no defence against the Libel, as to vindicta publica, and that the Letter whereupon the Defence is founded doth not import a Dissimulation. It is duplied, That the Act of Parliament being an Comminatory Law, and principally intended in favours of Parents, the same was never yet made use of, and it were very hard to make use of the same to deprive a Parent of his Child, for any rash or passionate Expression, especially where upon Repentance the Father had remitted the Injury; but the Father being in effect Judge of the Injury, his remitting the same aught at least to Assoilzie the Child, from any capital conclusion. And as to the alleged habitual Cursing, the same is denied, and the former Defence founded upon the Act of Indemnity is repeated and opponed, and the Libel is opponed, which doth not bear habitual Cursing, but particular Acts at particular Times.  
And as to the Qualifications alleged by my Lord Advocate, for clearing that the Defunct Sir James Standsfield was murdered, the Pannal is truly sorry, that for his own Defence, and for clearing of his own Innocence his lawyers should be necessitate to plead any thing relating to his Father's Infirmities, or way and manner of his Death. But it is duplied, That the whole Presumptions adduced by my Lord Advocate are allanerly fallacious Conjectures, and can neither be separatim, or complexly relevant to infer any such thing, because 1ᵒ. That the Minister did hear a whispering noise, and was thereby terrified, his Terror and Consternation having (as he himself pretends) put him in a Disorder and Confusion, he was thereby rendered incapable to observe or judge of any thing that happened. 2ᵒ. That the Body was swimming above Water, imports nothing, the Defunct having a great Coat of thick Cloth about him, which was sufficient to keep him floating above. 3o. The pretence that there was no Water in the Defuncts Body when the Surgeons visited the same, imports nothing because the Defuncts Body having been several times stirred before that time, by which the water might have run out, as it actually did (in case there was any water within it).  
4ᵒ. Albeit where a Man is drowned unwillingly, and endeavours to breathe, so long as he can, his breathing may suck-in the Water; Yet if a Man intent to drown himself, he will certainly endeavour all means for quick dispatch of himself, and thereby keep in his Breath, and the keeping in of the Breath after that manner was sufficient, both to keep the Body floating, and the water from coming in.  
5ᵒ. To put the matter beyond all question, the Defunct was lying in the water a considerable space from the Bank; And albeit the Ice was not so strong as to have carried a Child, yet the Ice was whole and entire betwixt the Defunct and the Bank, which demonstrats, that the Defunct had jumped in from the Bank to that place where he was lying. 6ᵒ. As to that pretence, that there was Blood about the Defuncts neck, all lappered and bruised before incision was made, the Defunct being pulled out of the water, by an great Cleik, the touching of the Neck with the Cleik, when his breath was just gone out, was sufficient to have made the Blood where that part was to lapper and congeal. 7ᵒ. As to the declarations of the Physicians, and Surgeons, they are only declarations ex auditu, and upon report of one or two Surgeons, and hath no foundation, but the ignorance or knowledge of the said's two Reporters; neither can any such declarations be obtruded against the Pannal, because not given out with the Libel; But whatever may be inferred from these Presumptions, whether the Defunct was Murdered or not, the same does not concern the Pannal, unless his accession to the Murder were instructed, as is impossible it can be.  
As to the qualifications alleged by my Lord Advocate, for fixing the Murder, or accession thereto upon the Pannal; It is duplied to the first, That the Pannals alleged vicious Life, and the story at Treves, his being Drunk in Prison, and Threatening to cut Throats upon small provocations, the same are extrinsic to the Lybel, and cannot be respected. 2ᵒ. As to the alleged threatening used in James Smith's House, the Lybel is opponed, bearing these expressions, to have been used in the year 1684, or some year preceding; And therefore the former defence founded upon the Indemnity, is repeated, and opponed. And whereas my Lord Advocate pretends, that minae praecedentes cum damno secuto, is sufficient either to fix the guilt upon the Person who used the Threats, or at least to burden him with the probation, that another committed the Crime. It is duplied, 1ᵒ. That My Lord Advocat's Position is absolutely denied, unless he can instruct some other positive accession against the Pannal, and these pretended Threats being taken away, not only by the Act of Indemnity, but likeways by dissimulation, which is not only offered to be inferred from the Letter made mention of in the Defence, but likeways by the Defuncts owning, receiving, entertaining, furnishing, and providing for the Pannal, in every thing suitable as his eldest Son, the same doth undoubtedly take away all pretence that can be founded upon threatening, so many years preceding; and by no Law can the Pannal be burdened to prove who were either Actors, or in accession to his Father's Murder.  
As to the 2d qualification bearing, that the Defunct said to several Persons, that the Pannal offered to invade him (denying the same) the Father's assertion could not infer a Crime against the Pannal, unless the Crime itself were otherways proven by witnesses, and the same is Libeled to have been said by Sir James before the Act of Indemnity. And Sir James' other assertion, that he was in trouble, for fear of prejudice from his Family, cannot infer a Crime, especially against the Pannal; and far less can it be proven by the Relict and the other Son, who in Sir James' apprehension were designing mischief against him, and for their own vindication, they would certainly depone partially against the Pannal. And the same is repeated against the other expressions alleged spoken by the Mother; And witnesses cannot be received to prove what another witness said.  
As to the pretence, that the Pannal refused to sup with his Father the night before his Death. It is duplied, the Pannal was not at all in use to sup, except on Sundays night. And the Pannal had no kindness for the Minister, Because he and others of his Gang, had endeavoured to keep up discord betwixt him and his Father.  
As to the alleged Bleeding of the Corpse, the former Defences are opponed; And albeit the Pannal did help to lift his Father's Corpse before the incision, yet no Blood did appear till long thereafter that the incision was made, and the Pannal did fall to grip that part of his Father's Head where the Incision was. So that the Blood falling from the wound, can neither be a Ground nor Presumption for guilt; And though the Pannal was surprised to see his Father's Blood, Yet the same did only proceed from natural Duty and Affection, and not from any apprehension of Gild. And these qualifications being all Libelled and Debated upon, It is humbly desired for the Pannal, that the Lords of Justiciary would give a separate Interloquitor upon every particular qualification.  
Sir Patrick Hume for the Pannal adds, That as to the point of Treason, It is offered to be proven, that it was when he was Drunk, and after Cups, and is so presumed, especially it being, as it is acknowledged by the Libel, in a Drunken company.  
2ᵒ. As to the Act of Indemnity, It is extended to all Crimes except the Archbishop's Murder, and exceptio firmat regulat, etc. And the Act bears not that Clause excepting other Crimes, which uses to be excepted.  
3o. As to the qualifications condescended on in my Lord Advocat's answer, either they are Libelled, and so oppones the former answer; And if they be not Libelled, they cannot be considered as qualifications.  
4ᵒ. Whereas it is alleged, That the Pannal was in use to threaten to cut Throats, when in passion, the Argument is retorted: For though he threatened, nothing followed; And so his threatenings were but verba jactantia.  
5ᵒ. As to the citation out of Mattheus, that parties may be punished upon presumptions. It is answered, That the Case there stated is where the Person who committed the Slaughter, was apprehended in the place where it was committed, That he was all bloody and with a bloody Sword, ànswerable to the Wound, and that he became pale when he was apprehended, and that he made no answer, but in terror fled away, which are such Acts as do evidently make appear the Slaughter, and could admit of no other construction, but that cannot be pretended in this Case, where all the Presumptions are remote and extrinsic, and even in the Case instanced by Mattheus, and others of that Nature, they are only to take effect in order to an Arbitrary, but not a capital Punishment, which is the opinion of all lawyers, who ever wrote upon the subject, and particularly Muscard, de prob: conclus. 123. Numb. 30. and 31. where the question is stated, an plures praesumptiones conjunguntur, in order to infer a capital punishment? And he concludes in the negative as a general conclusion by all lawyers, but only to infer an arbitrary Punishment.  
As to the bleeding of the Body, It is offered to be proven, that the Pannal touched his Father's Body before the Incision, and it did not bleed.  
THe Lords, Justice General, and Commissioners of Justiciary, Having considered the Libel, pursued by His majesty's Advocate against Philip Standsfield the Pannal: And the first part thereof, anent the Treason libelled, they find the samen as it is lybeled, relevant to infer the pain of Treason.  
And as to the Pannals cursing of his Father, mentioned in the Indictment; They find these Expressions, or either of them, viz. the Devil take him, the Devil rive him, God damn him, relevant to infer the pain of Death: And repels the Defence founded upon the Act of Indemnity, and finds the Pannal is not under or below the quality therein specified.  
As to the Pannals murdering of his Father mentioned in the Indictment, they found the Libel as it is libeled and qualified relevant to infer the pain of Death, and remits the same with the qualifications lybeled to the knowledge of the Assize, and allows Witnesses to be led for the Pannals proving his Father to have been Melancholy the day before the committing of the Murder, and remits to the Assize to consider the Import thereof, if it be proven, and repels the whole other Defences proponed for the Pannal.  
The Lords continues the Diet against the said Philip Standsfield, till to morrow at two of the Clock in the Afternoon: And ordains him to be carried back to Prison, and the Witnesses and Assisers to attend, ilk Person under the pain of 200 Marks.    

Edinburgh the seventh of February, 1688.  
Philip Standsfield Prisoner, being this day entered on Pannal, dilated, endited and accused for the Treasonable drinking of the King's confusion, cursing his Father, and for the cruel and unnatural murdering of him in manner mentioned in his Ditty.  
The Interloquitor above-written was this day read again in presence of the Pannal, and the Assisers afternamed, viz.  

William baily of Lamingtoun.  
James Glen, Stationer.  
Alexander Reid, elder, Goldsmith.  
Charles Charters, Merchand.  
David Hepburn of Humby.  
Edward Gillespy, Merchand.  
Robert sandiland's, Merchand.  
Samuel Moncrief, Merchand.  
Thomas Lendall, Merchand.  
James Cleiland, Merchand.  
Hepburn of Beinstoun.  
William Paton, Merchand.  
George Braithwood, Stabler.  
John Marshal, Merchand.  
Alexander Edgar, Chirurgeon in Haddingtoun.   
The Assize lawfully sworn, no Objection of the Law in the contrary.  
His Majesty's Advocate for Probation adduced the Witnesses after deponing, viz.  


John Robertson late Servitor to Sir James Standsfield of New-milns, aged twenty four years, unmarried, purged of malice, prejudice, hatred, ill will, and partial Counsel, and solemnly sworn, Depones, a little time before harvest last, the Pannal being in the Kitchen of New-milns, in the deceased Sir James Standsfield's house, where the Deponent was likewise present, he saw the Pannal Philip Standsfield take a Cup of Ale, and heard him say: There is the Pope's confusion, the Antichrists, the Chancelours, and the King's confusion, and put the Cup to his Head, and drink a little, and then gave it to Samuel Spofforth, and commanded him to drink it, and made him drink it on his knees; depones, that there were likewise besides Samuel Spofforth, Jeremy Smith, Agnes Bruce and Elspeth Jameson; and depones, that Philip Standsfield the Pannal was not drunk at the time; Depones, that at the naming of the several Confusion's abovementioned, he still drank a little of the cup; And this is the Truth as he shall answer to God: The Deponent further depones, that he said to the Pannal, after the drinking of the said's Confusions, that it was Treason, and he answered, Ye dog what are you concerned; ye do not understand to whom ye speak.  
Sic subscribitur, John Robertson.   

Agnes Bruce, Servant to the deceased Sir James Standsfield, aged twenty four years, unmarried, purged and sworn, Depones, That a little before Harvest last, she being in the Kitchen of New-milns with Philip Standsfield the Pannal, she saw him take a Cup of Ale, and drink the confusion of the Pope, and the King, and heard him bid Samuel Spofforth sit down on his Knees and drink the same, which accordingly he did, after this the Deponent went up Stairs, and knows no more what passed at that time, but heard they drank more confusions; Depones, that about a week after it being talked in the house, that he had drunk the confusions aforesaid, he said to the Deponent, God damn him, if he knew who divulged it, he would be their Death: And this is the Truth as she shall answer to God, depones she cannot write.  
Sic subscribitur, Linlithgow.   

Samuel Spofforth, late Servitor to Sir James Standsfield of New-milns, aged 19 years, unmarried, purged and sworn, Depones, that a little before Harvest last, the Deponent was in the Kitchen of New-milns with Philip Standsfield the Pannal, where he heard him drink a confusion to the Pope, Antichrist, and the King, and to the Devil, and the Pannal pressed the Deponent to drink the same confusions upon his knees; Depones, John Robertson, Agnes Bruce, Jeremy Smith and Elspheth Jameson were all likewise present at that time, and that these confusions were drunk severally: And this is the Truth as he shall answer to God. Sic subscribitur, Samuel Spofforth.  
John Robertson above designed being Reexamined, purged and sworn, Depones, That the Deponent being at Morum Castle after Harvest last, in order to give a call to a Minister, the Deponent having met with Philip Standsfield the Pannal, he said to him, Ye are a wise lad, if ye have subscribed that Bond, the Devil take him, and particularly, the Devil take his Father, and named his Father; deponed, that at another time in the midst of Harvest last, the Deponent and Sir James Standsfield the Pannals Father being going to Smeitoun with a Minister, the Pannal asked him, Where he and his Father was going? and the Deponent answered, that he was going to Smeitoun with his Father; And the Pannal Philip Standsfield said, Devil, let never one of them come back again, Horse nor Man: Depones further, That several times, and frequently, when the Deponent has been seeking the Panel to come to Dinner with his Father, the Panels ordinar Answer was, the Devil damn him, and you both, and Devil rive him, for I will not go to him, and if he had a sixpence a day, he would not go near him, for his Father girned upon him like a Sheehead in a tongs, and that he has heard him say sometimes, God damn his Father: And this is the Truth as he shall answer to God.  
Sic subscribitur, John Robertson.   

William Scot Clothier in New-milns, Aged 30 years, Married, Purged and Sworn, Depones, That betwixt Michaelmass and Martimass last, the Pannal Philip Standsfield having come to the Deponent's Shop, and asked for some Tobacco, the Deponant said to Philip, his Father would not let him want Money to buy Tobacco; and the Pannal Philip said, the Devil take him and his Father both, for there never came an honest man out of Tork-shire: Depones, his Wife was present with him, when that Discourse past: Depones, he cannot write. And this is the truth as he shall answer to God.  
Sic subscribitur. Linlithgow.   

Agnes Bruce above-designed being Reexamined, Purged and Sworn, Depones, That she did hear the Pannal usually vow and swear he would kill any person that offended him; and that the Pannal did haunt much with Janet Johnston, George Thomson and his Wife, and that he went frequently out of his Father's House after Supper to these persons; and further Depones, that she has heard the Pannal frequently curse his Father, and bid the Devil damn him, and rive him, and swell him; and that she has frequently heard him express his hatred and abhorrence of his Father, and that he could not abide to see his Father: further Depones, that the Monday at Night before Sir James came to Edinburgh, the last time he was in it, being about a Fortnight before his Death, the Deponent was ordered to call the Pannal to his Mother after he was gone to his Chamber, and that accordingly she did it, and when the Pannal came down, the Deponent left him with his Mother alone, and when she was without the Door, she heard him say to his Mother several times, God damn him if he did it not; and desired his Mother to take a good Heart, for as long as he had, she should not want: Depones, she knows not what he meaned by these words, but knows there had been a little quarrel betwixt Sir James and his Lady that same Night: Further Depones, that on Tuesday thereafter, when Sir James Standsfield was going in to Edinburgh, she did hear Philip Standsfield the Pannal say in his Mother's Chamber (his Father not being present,) God let him never return, God let him never see his Father's face again, the Devil go with him, the Devil rive him, and take him away; and that there was no body in the Roum at the time but the Pannal and his Mother, and the Deponent was at the Door: Further Depones, that about a month before, Sir James having reproved the Pannal, upon the occasion of an Account given in by William Anderson Brewer, she did hear the Pannal say in his Mother's Chamber (Sir James not being present,) God damn him if he should not do ten times worse, and that he could not endure to see his Father's face, and that he had hated his Father these six or seven years: Further Depones, that about a Fortnight or twenty days before Sir James his death, it being said that Philip was to go to Town with his Father, she heard him say, he would be hanged ere he went with him, let him go, the Devil go with him, and let him never return, and this likewise in his Mother's Chamber, and in her presence: Depones, the Pannal did ordinarily shift occasions of being in his Father's company: Depones, that the Friday before Sir James his death, she knows the Pannal and Janet Johnstoun were a considerable time together in the Pannals Chamber, where the Deponent heard Janet Johnstoun's tongue, but doth not know if George Thomson and his Wife were with them: Depones, that on the Wednesday before Sir James his death, Philip having cursed some of the Servants, the Deponent said to him, God be thanked, he was not their Master; and that he answered her with an Oath, she knew not how soon he might be their Master: Further Depones, that she thought Sir James not so merry as his ordinar the night before his death, but that he conveyed Mr. Bell to his Chamber, and thereafter came down to his own; and the Deponent having desired to speak with Sir James, his Servant John Robertson told her she could not, because his Chamber-door was shut, and he was gone to Bed; and that she did then see light in his Roum, and when she was going away, found the Hall-door which was without his Chamber-door shut, and that the Hall-door was not usually closed in the nighttime except Sir James had done it himself, and which he did but once in two or three Nights: Depones, that on the Saturday's night when Sir James came home, he did go to his Lady's Chamber, where he stayed not a quarter of an hour, and that his Lady fell a quarrelling of him for going to another House before he came there, and that the Deponent came out of the Chamber, and knows not what more past there: Depones, the next morning, when Sir James was missed, the Deponent went in to his Roum to put on a Fire, and found the Bed better spread up than it used to be, and the Curtains more drawn about it, and the Candle which usually was at the Bed-head, she found it standing on a Chair at the Bed-foot. And further Depones, that when the Defunct's body was bringing up to the House, the Deponent would have had him brought to his own Chamber, but Philip swore that the Body should not enter there, for he had not died like a Man, but like a Beast: Depones, that the Body was then put in the Walk-miln (but knows not if Philip caused do it,) and that the Body from that was brought to a Cellar within the Closs where there was very little light: Depones, that she did not see any water come out of his mouth, and that when the Deponent lifted up the Linen-sheet, which was over him in the Cellar, some of them caused let it down again, for it was not fit to let the Body be seen. Depones, that Janet Johnstoun was present with the Body in the Cellar with the rest; and though it was known that neither Sir James nor his Lady would look upon her for a good time before, nor was she openly seen about the House, yet that morning she went to the Lady's Chamber, as soon as the Body was taken out, and the Deponent was present and saw her come in, and well enough taken with: Depones, she heard Philip after his Father's death, Greet and Cry, but saw no Tears: Depones, immediately after his Father's body was found, he would have forced his Father's Chamber-door it being shut, but the Key being gotten, it was opened and he entered in, and first took his Father's Gold and Money out of his pocket, and then got the Keys, and searched the Cabinet, and that within an hour after his Father was brought from the Water, he got the Buckles of his Father's shoes, and put them in his: Depones, that on the Monday after Sir James' death, the Lady and Janet Johnstoun having quarrelled together about some remains of the Holland of the Woonding-sheet, Philip came down out of his own Chamber, and the Deponent heard him say to Janet Johnstoun, hold your peace when I command you, for he would reward her well for the kindness she had done to him at that time: Depones, that when the order came from Edinburgh to raise the Corpse again, the Deponent did meet George Thomson the Tailor, and perceived him shaking and trembling, and asked him what troubled him? and that his answer was, he heard the blackest News that ever he heard in his life, for Sir James' body was to be raised again, and said he would sew no more in the House of New-milns for the World, and carried the Mournings to his own House: Depones, she knows nothing of false Keys made use of about the House, only she heard the Lady say, that there were: Depones, Philip had no lockfast place in the House, except a little Coffer, and that it once being opened, the Deponent did see several Keys within it, and that he offered once the Key of one of the Roums to the Deponet, but the Deponent took it not, because she had the ordinar Key of the Roum: Depones, that Philip was in use to lie alone, but that after his Father's death, he would not lie in a Roum alone at New-milns, and that he declared to the Deponent that he was afraid to be alone in a Roum, either night or day, and that he steeped not the night after his Father died, and that he should not go into the Roum where his Father lay, if once he had the Cabinet out of it: Depones, that a short time before Sir James died, the Lady having fallen in a Swond, and the Deponent having told Philip of it, Philip came to his Mother's Chamber, and that his Mother told him then, that he was like in a short time to lose his Mother; and that he answered in the Deponents hearing, that his Father should be dead first: And depones, that some few days thereafter, in his Mother's Chamber again, and in the Deponents hearing, he renewed the same Words with an Oath: Further depones, that two Nights after Sir James' Death, the Lady told to the Deponent, that something than came in her Mind which she had heard, to wit, that Philip, before he went to London, when he was in his Pomp, having heard that Sir James was to give his Estate to his second Son, in the House of James Smith in the Nungate, had vowed to kill his Brother, and the like, or little less to his Father; and that thereafter, when they were coming into Edinburgh, the Lady renewed again to the Deponent, the same Words, and added, what if they should put her Bairn in Prison. And this is the Truth, as she shall answer to God. Depones she cannot write,  
Sic Subscribitur. Linlithgow.   

John Shand, sometimes Servitor to Sir James Standsfield, Aged 43 Years, unmarried, purged and sworn, depones, that a little after Philip Standsfield, the Pannals Marriage, the Pannal and the Deponent being in James smith's House, in Nungate, of Haddingtoun, the Pannal did expostulat with the Deponent, that his Father dealt too narrowly with him, he being then married; and the Deponent told the Pannal that his Father was in straits, and exhorted him to be dutiful to his Father; thereafter the Pannal said, if I knew my Father would give his Estate to my Brother John, I would cut his Throat, and the Landlord of the House being by, and present, and surprised, cried out, God preserve me, what means the Man; the Landlord understanding by the Word, His, his Father; And though the Deponent took the Expression in the same sense, as James Smith did; yet the Deponent endeavoured to excuse it, by saying it was not his Father that he meaned, but his Brother, or his man Donald; and the Pannal being present, said nothing for clearing of the Expression; whereupon the Deponent went away, and left the Pannal, and could not endure to stay longer in his Company: Depones, the night before Sir James' Death, being the Friday, the Deponent was with Sir James in his Chamber, in Edinburgh, where the Defunct was reading a Sermon-book, and appeared to be sad, and said to the Deponent, I have no Comfort in my Wife and Family. And this is the Truth, as he shall answer to God,  
Sic subscribitur. John Shand.   

Mr. Roderick Mckenzie Advocate, Being solemnly Sworn, and Purged, depones, that about eight days before Sir James Standfield's Death; The Deponent and he having met in the Parliament Closs, the Defunct invited him to take his morning Draught. And when they were gone to Mr. Sheil's House, the Deponent perceiving him to be in some concern, the Deponent asked him, what troubled him? The Defunct answered, that he had no satisfaction at Home; whereupon the Deponent said, that People reported that he was partly the occasion of it, having disherished his Son the Pannal, and acquainted him therewith: And the Defunct answered, ye do not know my Son, for he is the greatest Debauch in the Earth: And that which troubles me most is, that he twice attempted my own Person: And this is the truth as he shall answer to God,  
Sic subscribitur. Rod. Mckenzie.   

Archibald Dumbar Merchant in Edinburgh, aged 26 years, Married, purged, and Sworn, Depones that the Deponent having met with the deceased Sir James Standsfield at Coulter: But he does not remember positively the time, but it was either in the year of this King's Parliament, or the Harvest before, and Sir James and the Deponent, and some other company being in an Roum: Sir James was discoursing of his Son's undutyfulness, and within a little while having heard a shot at the utter-door of the house, and the Deponent, and others offering to go out to see what the matter was. Sir James was unwilling to let them, lest they should come to hazard. And thereafter having heard another Shot, they did offer to go down again, and Sir James still dissuaded them, and said, that it might be his distracted Son Philip. And they having enquired, if he was in the Country, and how he came to fear any harm from him, Sir James said, he believed he was in the Country, and that in his going South, he had followed him to Lothian burn, and hot two Pistols, first one, and then another at him, and if it had not been that Sir James was well horsed, and his Son Philip upon a work-horse, he had killed him. And Samuel Menzies having said he was sure there could not be Ball in them. Sir James said, he had gotten too many proofs of his Son's unnaturality to him, that he had no will to be in his reverence. Depones that Sir James all that night went not to Bed, and the Deponent fat up with him, and conveyed him into Edinburgh. And this is the truth as he shall answer to God.  
Sic subscribitur. Archibald Dunbar.   

Mr. William Clerk Advocate, purged, and sworn, Depones, that having frequent occasions to be with Sir James Standsfield and he having desired him to draw a disposition of his Estate to his Son John. Sir James did complain of his Son Philip's undutyfulness to him. And the Deponent having dissuaded him to do it, since his Son Philip might be reclaimed: Sir James said, no, for he had no expectation of it; for when he was at the Lead-hills, there was some Pistol shot at him, which he was sure came from his Son Philip. And this is the truth as he shall answer to God.  
Sic subscribitur, William Clerk.   

Mr. john Bell Minister of the Gospel, aged 40 years, Solutus, purged and sworn, produces a written Declaration signed under his hand, upon what he knows relating to the Murder. And Depones the same is truth as he shall answer to God.  
Sic subscribitur. John Bell.   

Follows the ●enor of the said Declaration.  
The declaration of Mr. John Bell, in answer to several interrogatores proposed by his Majesty's Advocate before the Lords of the Committee of the Council.  
Imprimis, I declare, that at Sir James Standfield's earnest desire, I went from this Town with him to New-milns. And that by the way I discerned nothing but sound Judgement, and reason in Sir James, for his discourse was both rational and pertinent, and that both at Supper that night, and after Supper his discourse was rational, and his carriage most civil, and he was pleased to accompany me to my Chamber, and sat with me there (as I supposed) until it was about ten a Clock at night, discoursing pertinently, and to good purpose.  
2ᵒ. I declare, that having slept but little I was awakened in Fear by a Cry (as I supposed) and being waking I heard for a time a great Din, and confused noise of several voices, and Persons some times walking, which affrighted me (supposing them to be evil wicked Spirits) And I apprehended the Voices to be near the Chamber door sometimes, or in the Transe, or Stairs, and sometimes below, which put me to arise in the night and bolt the Chamber door further, and to recommend myself by Prayer for protection, and preservation to the Majesty of God; and having gone again to Bed, I heard these voices continue, but more laigh till within a little time, they came about to the Chamber window; And then I heard the voice as high as before, which increased my fear, and made me rise again to look over the window, to see whether they were men or women; but the window would not come up for me, which window looked to the Garden, and Water, whither the voices went on till I heard them no more, only towards the morning I heard walking on the stairs, and in the Transe above that Chamber where I was lying.  
3o. I declare that I told the Women who put on the fire in my Chamber that Sabbath morning, that I had rested little that night through din I heard, and that I was sure there were evil Spirits about that house that night.  
4ᵒ. I declare that about an hour after day, Philip came to my Chamber and asked if Sir James came to that Chamber this morning, and told me that he had been seeking him upon the banks of the water; unto which I replied, I have not seen your Father, but what mean ye by the Banks of the water? whereupon Philip without answering went down stairs immediately, and within a little time, I followed to see what he meaned, and having gone without the Gate, and up the Causeway that leads to the Manufactory; One came running, and said, they had found Sir James lying in the water, whereupon I was stricken with such astonishment, fear, and trembling, that I could go no further, but returned trembling to the Chamber, and having sitten down on the bed side, I said to an honest man who accompanied me, this is the saddest day that ever I saw; my affrightment in the night was terrifying to me, but this is more grievous; and having gone to an honest man's house, where I took horse that morning, I said, if the Majesty of God did ever permit the devil, and his instruments, to do a honest man wrong, than Sir James Standsfield has received wrong this last night, which the Lord will discover in his good time.  
5ᵒ. I declare that after my return from Morum, that Sabbath evening, Philip told me that he had advertised several Friends at Edinburgh, and that he was expecting the Commissary amongst others that night, whereupon I commended what he had done, in sending for such intelligent Persons, and that for two reasons (1) Because it was necessary his Father's body should be sighted. (2) Because they could advise him about his Burial. Philip answered that he was seen by these that took him out of the water. But I replied that was not enough, for the Murder committed was either a violent Murder, or a distracted Murder; and having described what a distracted Murder was (upon Philip's relateing some distemper his Father had been in some years formerly) I said, That I conceived no Person, could come to such a high Act of frenzy, to do such a thing, but it would be known on him, many hours, yea some days before; But I could testify, that Sir James was in his right reason yesternight at ten a clock, wherefore I inclined to think it was a violent Murder committed by wicked Spirits; And so advised that the Corpse might be sighted by the nearest Physicians, and Friends, and the honest men living in that Town; nevertheless they went and buried Sir James that night, without either acquainting me, or several honest Persons who lived in the place. Mr. John Bell depones his above written declaration is truth, as he shall answer to God,  
Sic subscribitur. Linlithgow. John Bell.   

Sir Robert Sinclar of Steinstoun, purged and sworn, Depones, Sir james Standsfield being at the Deponent's House, told the Deponent, that he regretted that his Son Philip had misspent his Time and Money, and when he came Home from London, he was ashamed to tell how he came on him in his Chamber, at London; And this is the Truth as he shall answer to God,  
Sic suscribitur. Ro: Sinclar.   

James Murehead Chirurgeon, aged 32 years, married, purged and sworn, Depones, that after the Deponent and James Craufurd Chirurgeon had opened the Corpse, about the Neck, and sewed it up again, and removed the foul Linen, and put on again the clean Linens, in doing whereof they were obliged to shake the Body to and fro, and move the head back and forward: The Deponent desired that the Friends might lift the Body, and put it in the Coffin, and that the Pannal having come and lift up the Head, he did let it fall upon the Table suddenly, and that it made a considerable noise at the falling, and that the Pannal retired back quickly rubbing his Hands on his Breast, and crying, O God O God and some such other Words, and that the Deponent being astonished thereat, looked to the Corpse, and as the Pannal did take away his hand from it, did see it darting out Blood through the Linen, from the left-side of the Neck which the Pannal touched, and that the Deponent was amazed at the sight, partly through the darting out of the Blood, and partly through the apprehension he had of the Murder. Depones, he saw no Body touch the left-side of the Defunct's Head the time it bled, but the Pannal: Depones, that as soon as the Deponent recovered out of his amazement, he cried to his Boy to give the Pannal some treacle water, which he did; but Depones he did not see Philip the Pannal return again to the Body of his Father: Depones when the Deponent and the other Chirurgeon were putting on the clean Linens, and stirring and moving the Head and Craig, he saw no Blood at all. And this is the Truth as he shall answer to God.  
Sic subscribitur, Ja. Murehead.   

James Murehead, and James Craufurd Surgeons give in their Report and Declaration in Write, anent the Murder of Umquhile Sir James Standsfield, which they renewed upon Oath, in presence of the Justices and Assisers, and whereof the Tenor follows: Edinburgh, December 1. 1687. 
November 30. 1687. We viewed the Corpse in Morum Church.   
We under Subscribers James Craufurd and James Murehead Surgeons in Edinburgh, having order from Sir John Dalrymple his Majesty's Advocate to go to Morum, and there to take up the Corpse of Sir James Standsfield, and to sight and view the same exactly, and if need were to open up the Body, and to consider, whether there appeared any evidence of Wounds, Bruises, or Strangling upon the Corpse, besides what might have happened by his falling or drowning in the water, etc. In obedience thereto, we caused take up the said Corpse, and in presence of Philip Standsfield, Mr. Andrew Melvil Minister of Morum, James Hamilton Writer to the Signet, James Row, and Alexander Campbel merchand's in Edinburgh, umphray Spurway, James Dick, James Mitchel, and John Robertson Indwellers in New-milns, and some others having with all possible exactness viewed the Corpse; We observed the Face a little swelled and inclining to a dark reddish colour, some fullness of some capillary Veins in the palate of the Mouth towards the Uuula, as also a large and conspicuous swelling about three inches broad of a dark red or blae colour, from the one side of 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 bruised 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, etc. were all in good condition, we found no water within the Corpse, the Corpse had no smell at all; The Breast, Belly, Privy Parts, etc. 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 Archbishop of Glasgow, Lord Tarbat, Precedent of Session, Advocate, and Castlehill.  
James Murehead, and James Craufurd Surgeons, 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 Surgeons, 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 Surgeons of Edinburgh their opinion anent the said Murder.  
WE undersubscrivers, Surgeons in Edinburgh, having fully considered the Report made by James Craufurd, and James Murehead, concerning the condition of the Corpse of Sir James Standsfield, and though it be not usual to declare more than matter of Fact, yet in obedience to your Lordship's 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 preternatural 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 Veins, 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 Tumour, 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 bailie, Deacon,  
George Stirling,  
James Craufurd,  
William Borthwick,  
Thomas Edgar,  
James Murebead.     

Follows the Report of the College of Physicians.  
Edinburgh 6 February 1688.  
THe College of Physicians, being assembled at the desire of his Majesty's Advocate: To consider a Report made by some, Surgeons, 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, Precedent of the said College.  
Sic. subscribitur, A. Balfowr. P. C. R. M.   

umphray 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, umphray Spurway.   

Follows the Declaration of umphray Spurway Englishman.  
I umphray Spurway of New-milns, Clothier, being summoned to appear before the Lords of his Majesty's 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 umphray Spurway do hereby humbly offer to the abovesaid Lords of his Majesty's 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, wring 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 expense, both at home and abroad, yet they at home of my Family consume me; condescending on some particulars, of some extravagant sums of money, monthly 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 paid, 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 declared to me with very great grief of heart: But the Saturday's 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 wondered 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 accompanied 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, and knocked. I went and opened the door, says she, Sir, Sir James is gone out of his Lodging-roum this morning, and we have sought all the Roums of the house for him, but cannot find him; she goes off, I immediately 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 replied, 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' house, but could not procure the keys of neither of the Gardens, and I sent abroad of Sir James' servants, and of my own, some on horseback, 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 yards, 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 lose 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 get him out easily; So I came away from the place, and desired Mr. Marr to see the Body landed, Declaring that I would go home, and write to Mr. George Hume merchant in Edinburgh of the sad sight which I had seen, desiring him to communicate the same to my Lord Advocate, with desire to know by the Messenger his Lordship's pleasure, what of advice or direction he would be pleased to give concerning it, and it should be followed; But the Messenger that I sent, after he had delivered my Letter to Mr. Hume, and Order given by Commissary Dalrymple, how to proceed further with the Body of Sir James, which Order was directed to myself by a Letter, which when I read the Letter, the Contents was: That I should endeavour to procure two or three discreet persons of New milns to myself, and we together view the Body of Sir James; and if we found no grounds to believe that his Person had not been wronged by others, that then with all speed he should be Buried, and that as privately, and with as little noise as could be; But this Letter, which was the Commissary's Order to me, was sent by the hand of one James Mitchel, Kinsman to Sir James; For that Horse that the Express rode on to Edinburgh, was taken out of the Stable, where he was set up: And one Mr. Patrick Smith, the Brother-in-Law of Sir James Standsfield, mounted on him to come for New-Milns: So that my Express was thereby disabled, to bring me the answer of my Letter; and the said James Mitchel, who brought my Letter, came home at the place by Nine of the Clock, that Sabbath day at night, and gave an account of the Letter that he had for me; but they dissuaded him from bringing it me, so that I had it not till three hours after Sir James was buried. But upon Monday morning, I arose about three or four of the Clock; and coming out of my House, I saw great Lights at Sir James' Gate, which occasioned my going down, to see what the matter was; and as I went, I met with one Will. Robison, coming up of home, I asked what the meaning was of these Lights, and of the Horses that I then saw at Sir James' Gate? who answered me, that Sir James' Corpse were brought out at the Gate, and that they were carrying it at Morum to be buried, having received orders from my Lord Advocate for that purpose: At which I returned to my House, thinking it very strange thus to proceed without having had the Corpse viewed by some Person, as I well knew was customary in England, in such cases. The next step to my remembrance, was, that upon the Tuesday night following, after I was in Bed, one Mr. Alexander campbel in Edinburgh, with one Mr. James Row, and an Gentleman, one Mr. Hamilton, with two Surgeons, came at my House, and caused me to rise out of my Bed, showing me an order, which they had from my Lord Advocate, for the taking up again the Body of Sir James Standsfield; and commanded me to make ready to go with them, and having seen the Order, readily submitted thereunto, and when coming upon the place at Morum, caused the said Grave to be opened, and the Coffin taken up. It was carried into the Church, and there opened; and as soon as Sir James' Grave-cloaths were taken off him, and all his upper parts uncovered home to his privy parts, me-thought his Face looked not as I expected, nor as others had insinuated, that were at the dressing of him at first; for they said that his Body and Face was very fair and fresh; but I found his Face at first view of another Complexion, being blackish with some strakes of redlike standing, or rather strangled Blood; and under his left Ear I saw a swelling home to his Throat, of a blackish red Colour: After this I saw the Surgeons 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 swollen, I there saw of corroded, or congealed 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' Eyelids opened, and his Eyes appeared, but his Eyelids much swollen, and very red, which did also prove to me a Symptom of Strangling.  
This being done, and his breast opened, so that his entrails 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 lie 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 shows, that as God is a Wonder-working-God, so he has in this shown 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 Surgeons 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 requisite now, that those of Sir James Standsfield's Relations, and nearest Friends should take him off from the place where now he lies, and lift him into his Coffin. So I saw Mr. James Row at the left-side of Sir James' Head and Shoulder, and Mr. Philip Standsfield at the rightside 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 clothes, and so lay himself over a Seat in the Church, some supposing that he would swarff or swoon away, called for a Bottle of Water for him. After this we went for Morum Castle, where Mr. Philip Standsfield, myself, 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 Corpse of his Father, when first buried, knowing the Intimacy that there was betwixt his Father and myself; 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 damned Rogues would not do it, what could he help it; and yet did declare, as is proved, and as himself since confessed before my Lord Advocate, that he would not invite me, assigning this as his Reason, supposing that myself, 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 Majesty's 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 owns his Declaration above-written to be Truth in all points; As he shall answer to God.  
Sic subscribitur, umphray Spurway. Linlithgow.   

James Mitchel, Nephew to the deceased Sir James Standsfield, aged 20 years, unmarried, purged and sworn, Depones, that about twenty days 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' 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' 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 forty seven years, married, purged and sworn; Depones that the Pannal Philip Standsfield and the Deponent being at Morum after taking up of the Corpse, 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' 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 Majesty's Advocate 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 Father's Murder. And the Procurators for the Pannal having alleged, 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 and Anna Mark might be examined, anent their knowledge of the Pannals Accession to the forsaid Murder, they allowed the forenamed persons their Declarations to be taken for clearing of the Assize. And accordingly the said James Thomson being examined in presence of the Justices and Inquest, declared as after follows; 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 small 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 cross 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 wondered 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 always 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 drawn 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 waterside, and they tied a stone about his Neck, and leaving him there came back to the little kiln, and reckoned whether they should cast him in 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 answered, 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 James was miss 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 Waistcoat which were upon Sir James, 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 Waistcoat, 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 into Edinburgh several days before the Declarants' Mother was brought in, and she did immediately after he came into Edinburgh send away Sir James' Coat and Waistcoat, 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 mother's 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 bade 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 and 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 abide alone, nor lie alone in the bed; but said, she was afraid.   

Edinburgh, February 7th 1688.  
The said Anna Mark being Examined in presence of the Assize and Justices, declares affirmative, 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 Country, that every man upon first hearing this Death, concluded it a Murder, and trembled lest it should not have been discovered; every man became Solicitor 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 men's Spirits, of Philip's being the Murderer, that he had fallen 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 ourselves, 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 Gild; and this extraordinary Discovery has been made, as well to convince this wicked Age, that the World is governed 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 our great Parent; And what can prove better a design to Murder his Parent, than the malicious hatred that prevails over a Son to Curse him? What restrains vicious men from Murdering those, by whose Death they may expect licentious Liberty, and an opulent Succession, save the fear of the Laws 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 to 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 detect it, the fatal Encouragement which always tempt him to commit his Villainies. The Cursing his Father is not from mere humour or dissoluteness, 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, etc. and these Expressions, which should never have been once spoke, were frequently repeited, and are proved, not by suspect Persons, or Strangers, but by his Father's, 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, gentlemans, in the third place to judge, how far this Murder and Parricide are proved, in which you need to be the less scrupulous, that the Son, who is accused of it, is to die however; for either of the two former Crimes are so far proved 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 Hamesucken 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 proved, though there were no Witnesses that saw it committed, and 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 owed more than this did, nor can be more believed 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 violently presumes, that no man would Murder himself, so without the help of this presumption, it is proved most convincingly by ocular Inspection, that he was Strangled; the marks of Strangling, viz. the congealed Blood, the dislocation of one of the Vertebrae in his Neck, etc. being visible signs proved in the ordinary way, and we have added to this the Opinion both of the Surgeons and Phycisians, who at once declare, that he was not Drowned, and that he was Strangled; the outward marks likewise of his not being Drowned, 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 drowned 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 heightens his Gild is, that he should abhor a Father, who engaged mere Strangers to love him as a Friend: and we have proved, 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 Christmas 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 Christmas, 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 whenever he had occasion.  
I proceed now to clear to you, that I have proved, that he not only designed and vowed in Passion, that he would Murder his Father, but that he actually attempted to Murder him, and for this I have led these Witnesses, who prove, that when his Father came from the Leaden-Mines, he fled into Coulter, 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 forced to watch with his Father all the night, and were forced to Convoy him the next day near to Edinburgh. We have also produced other Gentlemen, to whom his Father declared, that he attempted against his Life: and who will not believe the best of Father's Deponing against the worst of Sons? Nor could any thing have drawn this from the Father, save the terrifying danger, to which he was hourly exposed. All the Supreme Courts of Europe have found the attempt to kill, sufficient to infer Parricide, this is a higher degree of Gild than Cursing, and yet that infers Death; and to attempt to kill a Father is more villainous, than to kill a Stranger. What shall be said then of frequent, and deliberate attempts? And thus you have this Son again proved guilty of Death, and even of Parricide. That which hastened the perpetrating this Crime was, that his Father wearied out with his Villainies, was at last forced 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 barbarous an Action; yet this was a Motive to him, and may be a Proof to you; for so kind a Father, who had tried all Means and Methods to reclaim his licentious 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 disappoint which hopes his Father designed 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 Disposition, did associate to himself _____ Thomson, whom himself used to call the Devil's Tailor, Thomsons Wife, and Janet Johnston, who was his own Concubine, and his Father's known Enemy, whom he could never have frequented, except upon so barbarous a design. Thomson denied that he was in the House for eight days before, and yet it is proved he was in Sir James' House, the night the Murder was committed; Johnston denied also before the Council, that she was out of her House after nine a Clock that night, and yet it is proved that she stayed abroad till after twelve, so that her Husband was forced 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 circumstance in so extraordinary a night, especially being examined upon it, within two or three days thereafter. By their assistance the Murder was designed 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 preceding horrid Crimes) inspired Sir James to bring with him that night, a devout Minister, for preparing the Father, and proving against the Son; and this pious and grave man, whose Merit may be laid in Balance with many Witnesses, Depones, that he heard that night, the noise of many People within the House, which was inconsistent with Sir James' 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 proved to have been broken, and beat by many Feet, which fortifies much this Deposition. It is also proved, that he refused that night to come to public 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 show the least grief when he was found by others; whereas if Nature had not been quit devoured by Vice and Gild, 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 Miscreant 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 passionate Creature save upon the Death of his Father. O cursed Justice never shown or pretended to save in asserting, that his Father deserved no respect, because he drowned himself. Upon this villainous pretext, he caused throw him into a remote 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 spite of a Countermand from his Friends at Edinburgh. But they fully persuaded, that Sir James was Murdered by his own Son, sent out some Surgeons and Friends, 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 ofttimes, in all Nations, opened a passage to it after Death, upon such occasions; but most in this case, for after all the Wounds had been sewed up, and the Body designedly shaken up and down, and which is most wonderful, 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 Surgeons 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 forced to give him a Cordial. But least any shadow of difficulty might remain with you, his Divine Providence, which ofttimes reveals itself by the mouths of Babes and Sucklings, has brought us two little Witnesses, whom as no body could be so unworthy as to corrupt, so none can be such Infidels as not to believe, especially since they Depone against their own Parents, and have owned firmly in their presence, what they now Depone in yours; from them ye have an account, how Philip that night came into the House of their Parents, and there swore, He would be rid of his Father that very Night; how they went out at midnight, and after their return made their reflections, how easily Sir James had died, and how briskly Philip had behaved, by guarding the door with a Pistol in his one Hand, and a Sword in the other, how they had hung a Stone about his Neck, but had thereafter taken it away, and how the Mother durst not stay in her own House, while Sir James' Coat was there, and if you had seen this little Boy upon his knees, begging his Father to confess with so much Affection, so much Judgement, so much Piety, you had needed no other Probation but himself; the Father himself before his Death was convinced, and frequently foretold, that his Son would kill him, and the Mother how soon she heard of her Husband's death, and some of the circumstances, now insisted upon, and remembered what she had heard her Son say to herself, and what he had said at Nunland, concluded he was the Murderer, in spite even of that criminal kindness which she had for him; almost the whole Nation was convinced of this before any Probation was led: and the Lords of the Privy Council, among whom many of our Judges sit, did declare, that they thought that half of the Probation which was led before them, sufficient to convince an Inquest. How then should the least scruple remain with you, before whom so full, so clear, and so legal a Probation has been led, that like a Pend, every part of it supports another, and like a Chain, every Link draws on another.  
I need not fortify so pregnant a Probation, by laying out before you, how often he and his Complices have contradicted one another, and even how often he has contradicted himself, in the most obvious and material points, and how he denies every thing with Oaths, and with equal confidence, though never so clearly proved: 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 into Prison, he has lived so Impiously, and Atheisticallie, as shows, 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 proved, and you are only to judge, if we have proved what they thought necessary; and therefore there is no place to doubt, if a man's life may be taken away upon mere 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 and unanswerable, that before the half of it was led, they went away and deserted a Client, whom they found they could not defend, nor should any man doubt of a Probation, which ones own Advocats thinks 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 Miscreant 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 who formed your Hearts, convince them; and may this poor Nation Cite you, as the remarkable Curbers of Vice, to all succeeding Ages.   

Thereafter His Majesty's Advocate protested for an Assize of Error against the Inquest, in case they should assoilzie the Pannal.  
The Persons who passed upon the Assize of Philip Standsfield, returned their Verdict in presence of the said's Lords, whereupon the Tenor follows.  
The whole Assize called upon the Jury of Philip Standsfield, upon the three Points following, particularly lybeled 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 bailie of Lamingtoun their Chancellor, finds the Pannal guilty of the foresaid three Crimes.  
Sic subscribitur, William bailie of Lamingtoun Chancellor.   

THE Lords, Justice General, and Commissioners of Justiciary, having considered the Verdict of the Assize returned against Philip Standsfield, they by the Mouth of John Leslie Dempster of Court, discerned and adjudged the said Philip Standsfield, to be taken upon Wednesday next, being the fifteenth of February instant, to the Mercat-cross of Edinburgh, and there betwixt two and four a Clock in the Afternoon to be hanged on a Gibbet till he be dead, and his Tongue to be cut out, and burnt upon a Scaffold, and his right hand to be cut off, and affixed on the East-Port of Haddingtoun, and his Body to be carried to the Gallowlie betwixt Leith and Edinburgh, and there to be hanged up in Chains, and ordains his Name, Fame, Memory, and Honours to be extinct, his Arms to be riven forth, and delet out of the Books of Arms, swa that his Posterity may never have Place, nor be able hereafter to bruik or joyse any Honours, Offices, Titles, or Dignities within this Realm in time coming, and to have forsaulted, amitted and tint all and sundry his Lands, Heretages, Titles, Offices, Tacks, Steding, Roums, Possessions, Goods and Gear whatsomever pertaining to him, to our Sovereign Lord, to remain perpetually with his Highness in Property; which was pronounced for Doom, whereupon His Majesty's Advocate asked, and took Instruments.  
Sic subscribitur, 

Linlithgow.  
Jo. Lockhart,  
David Balfour,  
Roger Hodge,  
P. Lyon.        

Extracted forth of the Books of Adjournal, By me Mr. Thomas Gordon Clerk to the Justice Court.  
Sic subscribitur, Tho. Gordon.   

Which Doom and Sentence above-written, was accordingly put to due Execution upon the Person of the said Philip Standsfield, in manner above-prescribed.  
FINIS.