court of King's-bench against the earl of Devon, in Easter-term, 3 Jac. 2, upon an information for an assault upon Mr. Culpepper in Whitehall.

And the said sir Robert Wright, and sir Richard Holloway, being at the bar, and Mr. Justice Powell in his place, and Mr. Bradbury and Mr. Petyt (who were appointed by the House to attend this day) being permitted by the House to stand at the end of the clerk's

table, where also stood the clerk of the Crown office in the King's-bench, and his deputy, with the records relating to this matter which deputy having publicly read the said

record,

And being asked, "What they had to say for themselves in this business?

Mr. Justice Powell said to this effect: "It was his great misfortune, that he was misguided by some books, which he looked on as authorities, which he finds by their lordships judgments are not so, and he humbly begged their lordships and the earl of Devon's pardon. As to the fine, he looked on 3,000l. to be fine enough. His silence in that business was his greatest fault, for which he also begged pardon."

Then Sir Robert Wright said to this effect: "That as to the breach of privilege, they were misguided by precedents, and as to the fine (which is usually set according to the quality and estate of the person fined) it came from the puny judge 30,000l.; and so to him last, according to the course of the court. And if he was mistaken, he begged pardon; for he never had the least disrespect to the lord of Devon."

Mr. Justice Powell being asked, "What discourse they had at the lord chancellor's ?" said, "The lord chancellor first proposed 20,000l.; but afterwards said it would be bet. ter if 30,000l. and then the king might abate 10,000l. To this he declared his dislike to the other Judges, but not before the chancellor."

Then he withdrew.-After debate the House were of opinion,

ruling the earl of Devon's plea of privilege of "That the court of King's-bench, in overparliament, and forcing him to plead over in chief, it being within the usual time of privilege, did thereby commit a manifest breach of the privilege of parliament.

"That the fine of 30,000l. imposed by the court of King's-bench upon the earl of Devon, was excessive and exorbitant, against Magna Charta, the common right of the subject, and against the law of the land."

do give their opinions to-morrow, at ten o'clock Ordered, That the Judges this day present in the forenoon, how the law stands as to the commitment of a peer upon a fine to the king.

May 7, 1689.

The House heard the Judges, what cases and precedents there were in the law, for the commitment of a peer of this realm in execution for a fine.

And, after consideration thereof, it is ordered, That this House will, on Wednesday next, at ten o'clock in the forenoon, take into their consideration a question arising upon the case of the earl of Devonshire, “Whether a peer of this realm may by law be committed in execu tion for a fine?" and that notice be given to the king's counsel of the said order.

May 15, 1689.

Then Sir Richard Holloway spake to this effect: "He, as second judge, pronounced the fine 30,000l. which was set nem. con.; and if a lesser fine had been proposed, he should have accepted it; and did not justify the proceedings, but looked on it as an excessive fine; and begged my lord Devon's pardon, and sub-court of King's-bench in Easter-term in the mitted all to their lordships."

And then they being asked, "Whether they had no discourse together before, concerning

the said fine?"

Upon reports from the Lords' committees for privileges, who were of opinion, "That the proceedings against the earl of Devon, in the

third year of king James the second, upon an wherein his lordship's plea of privilege of parinformation for an assault upon Mr. Culpepper, liament was over-ruled, and he was fined King's-bench in execution, were great viola30,000l. and thereupon committed to the tions of the privileges of the peers of this realm."

And after hearing the record of the court of King's-bench, wherein the judgment against the earl of Devon is entered, read, and also sir Robert Wright, sir Richard Holloway, and Mr. Justice Powell, (who gave the judgment against the said earl of Devon) what they could say for themselves to justify their proceedings; and notice having been given to the king's counsel, to the end that they might attend if they had any thing to offer, whether a peer of this realm might by law be committed

And Sir Robert Wright denied that they met in execution for a fine, the said counsel did acthere purposely about the fine.

Then they withdrew.

cordingly give their attendance, (after a week's notice) but did offer nothing therein.

After full consideration had of the several cases and precedents wherein the privileges of the peers have been concerned; the Lordsspiritual and temporal in parliament do deciare and adjudge, that the court of King's-bench, in over-ruling the earl of Devon's plea of privilege of parliament, and forcing him to plead over in chief, it being within the usual time of privilege, did thereby commit a manifest breach

of the privilege of parliament; and that the fine of 30,0007. imposed by the court of King'sbench upon the earl of Devon was excessive and exorbitant, against Magna Charta, the common right of the subject, and the law of the land; and that no peer of this realm at any time ought to be committed for the non-payment of a fine to the king.

354. The Trial of PHILIP STANDSFIELD, Son to Sir James Standsfield, of New-Milns in Scotland, for High Treason, the Murder of his Father,* and other Crimes libelled against him: 4 JAMES II. A. D. 1688.

any

CURIA JUSTICIARIA, S. D. N. Regis, teuta in jesty's person, and contempt of his royal goprætorio Burgi de Edinburgh, Sexto die verument, such as drinking or wishing conMensis Februarii 1688, per Nobilem et Po-fusion to his majesty, is high-treason, particutentem Comitem Georgium Comitem de larly by the 2nd act 2d Sess. Par. 1st king Linlithgow, Dominum Livingstonn, &c. Charles 2, of ever glorious memory: the plotJusticiarium Generalem totius Regni Scotia, ting, contriving or intending death or deet honorabiles viros Dominos Johannem struction to the king's majesty, or Lockhart de Castle-hill, Davidem Balfour bodily harm tending to death or destrucde Forret, Rogerum Hodge de Harcase, et tion, or who shall by writing, printing, or Johannem Muray de Drumcairne, Commis other malicious plotting and advised speaking, sionarios Justiciariæ dicti S. D. N. Regis. express and declare such their treasonable inCuria legitime affirmata. tentions, 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 16 years, who is not mad and furious, is punishable by death and confiscation of moveables: and of all other murders, parricide is the most atrocious and unnatural; and murder under trust is punishable as treason with forfaulture of life, land and goods, and particularly by the 23 Act, 1st sess. 2d par. king Charles 2. The king's ma

Intran,

|

PHILIP Standsfield, eldest lawful son to umquhile sir James Standsfield of New Milnes, prisoner within the Tolbooth of Edinburgh, indited and accused at the instance of sir John Dalrymple younger of Stair, his majesty's advocate for his Highness's interest: that where notwithstanding by the law of God, the common law, law of nations, laws and acts of parliament of this kingdom, and constant practice thereof, the expressing of malicious and sedi-jesty and estates of parliament, considering tious words to the disdain of his sacred ma

* As to the union in one dittay, of heterogeneous charges, see the Case of Nairne and Ogilvy, A. D. 1765, of this Collection.

Arnot (Collection and Abridgement of Celebrated Criminal Trials in Scotland, &c. p. 129) gives the following short note of a trial for parricide in the 16th century:

"John Dickson, son and heir to John Dickson of Beilchester, on the 50th of April 1591, was tried for the murder of his father, committed in the month of July 1588. The criminal record contains neither the particulars of the murder, nor the evidence against the prisoner, but only that he was convicted by a jury, and sentenced to be broke upon the wheel at the cross of Edinburgh. At this period, and long after, the sentences of the court of justiciary frequently express no time for their being carried into execution; it being customary to take the convict directly from the court to the scaffold."

how great and atrocious a crime it is for chil dren 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 whatsoever son or daughter, above the age of 16 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. king

"And such as are within the age of 16 years and past the age of pupillarity to be punished at the arbitriment of the judge, according to their deservings, that others may hear and fear and not do the like." See some Observations on the Scots law, as to this matter, in Hume's Comment. on the Criminal Law of Scotland, parl. S, chap.4, s. 1.

June 5th, 1683. At Stirling one pursued for cursing his father, confessed that he called him a drunken dog, and was sentenced to enter

James 6. It is statuted and ordained, That year 1680, within the house of James Smith in the murder or slaughter of whatsomever of Nungate or Haddingtoun, and upon the first, the leidges, where the party slain, under the second, or third, or one or other of the days of trust, credit, assurance, and power of the the months of January, February, March, and slayer, all such murder or slaughter to be com- remanent months of the year 1687, within the mitted in time coming, the same being lawfully house of James Baikbie fermorer in Newtried, and the person dilated found guilty by Milns; and within his father's own house of an assise thereof, shall be treason, and the New-Milns; and in the house of William person found culpable shall forfeit life and Scot there; and upon the first, second, third, goods; as in the said laws and acts of parlia- or one or other of the days of the months of ment at more length is contained. Neverthe- January, February, March, and remanent less it is of verity, that the said Philip Stands- months of the year of God 1683, 1684, and field, shaking off all fear of God, the bonds 1685 years, when he was both in Brussels and and ties of nature and christianity, regard and Breda, and several other places, both in Holobedience to the said laws and acts of par- land and Flanders, and in prisons, within liament, did dare and presume to commit the which he was detained in the city of London said horrid and detestable crimes, in swa far and Southwark, or upon one or other of the as, upon the first, second, third, or one or days, of one or other of the months of the said other of the days of the months of June, July, years, or either of them, most wickedly, unAugust, or September last, by past, one or naturally, and bitterly rail upon, abuse and other of them, he did, within the house and curse the said sir James Standsfield, his nakitchen of New Milus, call for ale to drink tural and kindly parent. And being transsome healths, and in the presence of John ported with rage and malice, he did, contrary Robison, then his father's servant, Agnes Bruce, to the light and ties of nature, nor once, but likewise his father's servatrix, and several often and frequently curse his father, by bidothers, he did as a most villainous and avowed ding, and praying the devil to take him, and traitor, presume and dare to begin a health to the devil rive him, God damm him, and swear, the confusion of his sacred majesty, his native if he had a sword, he would run it through sovereign, and drink off the same, and caused him, and if ever he came to Scotland, he others in his company to do the like. And sick-would be avenged upon him. And particu like sir James Standsfield of New Milns his larly upon the day of November last, father, having caused educat and bring him which was the last time his father went to up decentlie, and in plenty conform to his rank Edinburgh, he did most impiously and unnaand quality, and having left no means unes-turally imprecate, God let him never return, sayed for his literature, education and subsistence; yet he being a profligate and debauched person, did commit, and was acces sory to several notorious villainies, for which, both at home and broad, he was apprehended and detained prisoner, as in the Marshalseaprison in Southwark, in the public prisons of Antwerp and Orleance, and several other places and though 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 inclination 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 James Standsfield 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, or third, or remanent days of the months of the

into prison in the town where he dwelt, and not to come furth until his father interceded with the magistrates for him, and that he should also crave his father's pardon openly." 1 Fount. Dec. 234.

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 choak upon it; and at other occasions, when his father refused to eat, he was in use to say, God let never more be in his stomach than was in it then. And upon the first, second, or third, or one or other of the days of the mouths 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 cloaths nor money, yet shortly (and nobody did think how soon) he would be laird of all, and then would use other persons as they did him now and at other times declared, that before Christmas he would be laird of all; which curses and imprecations, he the said Philip Standsfield, by a continual habit used, and repeated 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,

him about the water-pools; and a noise and cry having arisen, search and enquiry 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 on the water-side, directly opposite to the body, with his eyes fixed on the same, before his body was found or knowen to any others than the murtherers; and when John Topping (a stranger) passing that way, and ignorant of the whole matter, or that sir James was amissing, called to him, and asked, who that was in the water? He made no answer, but went away from that place strait to New Milns, and gave no intimation to him, or any other person what he had seen in the water, but appeared surprized 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 out-house; 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 be buried till his friends in Edinburgh, and elsewhere, and physicians in Haddingtoun, or near by, 'might see the same, yet he refused so to do, and caused bury the dead body of his father privately, and in haste. And the noise having spread abroad, that his father had been bar

March, and remanent months of the years of God, 1630, 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 saids 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 Lo thian-burn, and did fire pistols upon his father: and likewayes 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 as-assinat 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 o'clock at night, or thereby, having gone to his own chamber, in order to his rest, and being alone in the room, 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 persones, within and about the house for the time, to assassinat and cruelly murder his said father, and particularly with Geo. 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 Satur.barously murdered by him, and his accomday's 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 bed-chamber, and in the dead time of the night, did carry and transport him from the said room to the water, near by the house, and laid his body down upon the water-side, and tied a stone about his neck to make him sink in the water; and before he was throwen therein, he went back with his ac-body was sighted and inspected by chirurgions, complices to Little Kiln near by, and consulted and advised whether it was more tit 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 accidently lying in the house at the time, 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 room where his father did lie, and having missed him out of the room, gave notice thereof to some others of the servants. He declared that he had been seeking

plices, order was given by these in authority, to cause open the grave, that physicians and expert chirurgions might inspect his body, and make report anent the truth of the matter: and accordingly, by the report of the saids chirurgions 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

and the clear and evident signs of the murder had appeared, the body was sewed up, and most carefully cleaned, and his nearest relations and friends were desired to lift up his body to the coffin: and accordingly James Row, merchand (who was in Edinburgh in the time of the murder) having lifted the left-side of sir James his head and shoulder, and the said Philip the right-side, his father's body though carefully cleaned, as said is, so as the least blood was not on it, did (according to God's usual method of discovering murders) blood afresh upon him, and defiled all his hands, which struck him with such a terror, that he immediately let his father's head and body fall with violence, and fled from the body, and in consternation and confusion, cryed, Lord, have mercy upon me! and bowed him