necessitye wee must be forced to employ you. We haue a iury to be empanelled immediatly, which one of you three must help to make vp euen he which approues himselfe the honestest man. They are all honest men and goodfellowes, quoth Veluet-breeches, therefore it is no great matter whether of them we choose.

The doctors doubt of that, quoth Cloth-breeches, for I am of a different opinion. This first, whome by his careless slouenlie gate at first sight I imagined to be a poet, is a wast good and an unthrift; that he is borne to make the tauernes richt and himselfe a begger: If he haue forty pounds in his purse togither, he puts it not to usurie, neyther buies land nor marchandize with it, but a monthes commoditie of wenches and capons. Tenne pound a supper, why tis nothing, if his plough goes and his inkhorne be cleere: Take one of them worth twentie thousande pound and hang him. He is a king of his pleasure, and counts all other boores and pesants, that, though they haue money at command, yet know not, like him, how to domancere with it to any purpose as they should. But, to speake plainely, I think him an honest man, if he would but liue within his compasse, and, generally, no mans foe but his owne. Therefore I hold him a man fit to be of my iurie. Nay, quoth Veluet-breeches, I haue more minde to these two, for this poet is a proud fellow, that, bicause he hath a little wit in his budget, will contemne and mistake vs that are the common sort of gentlemen, and thinke we are beholding to him, if he doe but bestowe a faire looke vpon vs. The player, and the usher of the dauncing schoole are plaine, honest, humble men, that play for a penny or an olde cast suit of apparell. Indeede, quoth Cloth-breeches, you saye troth, they are but too humble, for they be so lowly, that they be base minded; I meane not in their lookes nor apparell, for so they be peacockes and painted asses, but in their course of life, for they care not how they get crowns, I meane how basely, so they haue them; and yet, of the two, I hold the player to be the better Christian, although he is, in his owne imagination, too full of self liking and self love, and is vnfit to be of the iurie, though I hide and concele his faults and fopperies, in that I haue bene merrie at his sports; only this I must say, that such a plaine countrcy fellow as my selfe, they bring in as clownes and fooles to laugh at in their plaie, whereas they get by ys, and of our almes the proudest of them all doth liue. Well, to be breefe, let him trot to the stage, for he shall be none of the iurie. And for you, Maister Usher of the dauncing schoole, you are a leader into all misrule; you instruct gentlemen to order their feet, when you driue them to misorder their manners; you are a bad fellowe, that stand upon your tricks and capers, til you make yong gentlemen caper without their lands; why, Sir, to be flat with you, you liue by your legges as a iugler by his hands, you are giuen ouer to the pumps and vanities of the world, and, to be short, you are a keeper of misrule, and a lewd fellow, and you shal be none of the quest. Why then, quoth I, you are both agreed that the poet is he that must make up the xxiiij. They answered both, he, and none but he. Then I, calling them all together, bad them laye their hands one the booke, and first I cald the knight, and after, the rest as they followed in order; then I gaue them their charge thus:

Worshipfull Sir, with the rest of the iury, whome we haue solicited of

1

choice honest menne, whose consciences will deale vprightlye in this controuersie, you and the rest of your company are heere upon your oath and oathes, to inquire whether Cloth-breeches haue done desseison untò Veluet-breeches, yea, or no, in or about London, in putting him out of franke tenement, wronging him of his right, and imbellishing his credit; if you finde that Cloth-breeches hath done Veluet-breeches wrong, then let him be set in his former estate, and allowe him reasonable dammages. Vpon this they laid their handes on the booke and were sworne, and departed to scrutine of the matter by inquirie amongest themselves, not stirring out of our sight, nor staieng long; but straight returned, and the knight for them all, as the formost, said thus: So it is that we haue with equity and confidence considered of this controuersy betweene Veluct-breeches and Cloth-breeches, as touching the prerogatiue of them both, which are most woorthy to be rightly resedent and have seison in frank tenement heere in Englande; and we do find that Clothbreeches is by many hundred years more antient, euer since Brute, an inhabitant in this iland, one that hath beene in diebus illis a companion to kings, an equall with the nobility, a frend to gentlemen and yeomen, and a patron of the poore; a true subiect, a good house-keeper, and generally as honest as he is antient. Whereas Veluet-breeches is an vpstart come out of Italy, begot of pride, nursed vp by self-loue, and brought into this countrey by his companion newfanglenesse; that he is but of late time a raiser of rents, and an enimie in the commonwealth, and one that is not any way to be preferd in equitie before Clothbreeches; therefore by general verdict wee adiudge Cloth-breeches to have done him no wrong, but that he hath lawfully claimed his title of frank tenement, and in that we appoint him for euer to be resedent. At this verdict pronounst by the knight, all the standers by clapt their hands, and gaue a mighty shout, whereat I started and awaked, for I was in a dreame and in my bed, and so rose vpp, and writ in a merrie vaine what you haue hard.

SOME OBSERVATIONS

ON THE TRIAL OF

SPENCER COWPER, J. MARSON, E.STEVENS, & W. ROGERS, That were tried at Hertford,

ABOUT THE MURDER OF SARAH STOUT,

Together with other Things relating thereunto. Quarto, containing twenty Pages,

To lead, and to give some Light into this Matter, it may be necessary to give some Account here, how, and upon what Occasion the Acquaintance of Spencer Cowper and Sarah Stout began.

his

HE ground and rise thereof took its original from her father, who at all elections promoted the interest of the Cowpers, to the utmost of power; thro' which a great intimacy was created between the families of the Cowpers and the Stouts; which did not expire with the death of her father, for her brother, by the father's side, continued his respects to that family, and spared no pains to espouse and carry on their interest, in order to their being chosen parliament-men for that town. These obligations engaged the two families to a frequent conversation; insomuch that, when they were in the country, some or other of them were often together, as well the young women as the men; as appeared by what his brother's wife said at his trial, That she was but six days at Hertford the summer before, and that she saw her, to wit, S. Stout, every day. And great pretensions of love, and proffers of kindness, were expressed by the Cowpers in general, to the Stouts; and by this man, Spencer Cowper, and his wife in particular, to the deceased young woman; and thus it continued, in appearance, till the day that she was forced off the stage of this world.

When her father died, he left her sole executrix, and gave her most part of his personal estate: And a considerable part of it being in the brewers hands, and in malt, which she sold afterwards, she was often advising with one or other, how to dispose of this money, so as to have good securities for it.

About a year before her death, she went to London about those occa sions, and lodged at a goldsmith's house; As soon as the Cowpers wives heard where she was, they made her a visit, both Spencer's and his brother's, and invited her to their houses.

Whilst she lodged at this goldsmith's house, he laid out several hundred pounds for her in malt-tickets, and other securities of the government; but she being not willing to lay out much that way, but rather on some mortgage of land, she went to a lawyer, with whom she was acquainted,

to see if he could dispose of some for her; he told her, he could help her to a mortgage for five-hundred pounds, but they would give but five in the hundred: So she takes it into consideration; but afterwards, she being at Captain Spencer Cowper's, and he falling into some discourse with her about her affairs, and understanding she had a considerable sum of money to put out, he proffered to do her all the kindness that lay in his power; and would help her to a mortgage of land three times the value of the money lent on it, at six in the hundred; and would see that the title should be good, and be as careful in it, as if it were his own concerns; and, if she wanted counsel at any time, either to put out, or to recover money that was owing her, or any thing else, for which she had occasion, he would give it her gratis, which from another must cost her some guineas: So she accepted of his proffer, and told him, she would depend on his advice, not questioning to have good security for her money. When she came home to her lodging, she told the goldsmith where she lodged, that now Capt. Cowper had promised to help her to securities, and he was to dispose of her money.

Soon after this, she went home to Hertford, and told her mother the same, and asked her, if she had any money to put out; if she had, it might go amongst her's, and her mother should have no trouble with it, for she would pay her the interest as it became due. Her mother then asked her, if she could so far confide in him, as to receive her money, to pay it, and to make the writings, and to look after the title, and all without the inspection of any body else? She said, Yes, she believed that he was a very honest man, and she thought she might trust him with more than she had to put out; and he being a man of repute, it was below him to wrong her. Then her mother, thinking the same, gave her one-hundred and fifty pounds to put amongst her's; which she hath never heard of since, but it is gone with the rest.

About a month after, Spencer Cowper came to Hertford, and took lodgings for his wife and family, and then brought his wife to give this young woman a visit, and to be further acquainted with her: After this, she seemed to love and like her company so well, that she said, She did not desire the company but of few, or none else in the town; and therefore would make no returns of their visits, till the week before she went home to London; and would come frequently two or three times in a week to visit her: And, when her husband was in the country, he some, times would come with her, and thereby had the opportunity of discoursing her about her affairs.

When she had gathered in near what she intended he should put out, from the brewers, and others that were indebted to her, she writ a letter to London, to him; and, one of her acquaintance coming to visit her, before she had sealed it up, she bid her read it, which she did; in which letter she writ, That she had a thousand pounds to put out, and that several hundreds of it were then ready; and the rest, to make up that sum, would be so in a little time, or so soon as he could dispose of it advantageously for her.

And this, she several times, in discourse with this woman, hath told her, That he was buying an estate for her, in ground-rents, which he had recommended to her for an extraordinary pennyworth, and that it would

be sold for a thousand pounds, but he believed it was worth more; and, if he could not oblige her with it, he looked upon it to be so great a bargain, that he would buy it for for his own use: And she also told her mother the same.

The next quarter sessions after this, which was the last before that assize, at which time her days were ended, Spencer Cowper came to Hertford, and, in the evening, he came and enquired for Mrs, Sarah Stout at her mother's house, where he was not at all expected to lodge, he not having lodged there for several years, viz. not since her father died; and, after about an hour's discourse with her, he said, he was destitute of a lodging, for his landlord Bates, where he used to lodge, was discomposed, and made a great noise, and he did not like to lodge there. So she thought she could do no less, in civility, than ask him to lodge at her mother's house, he having then brought her that mortgage-deed, for twohundred pounds, about which he made such a long discourse at his trial; which money had been carried publickly to him some time before: At the receiving of which security, she seemed to be very much pleased. But she having told him, that she intended to reserve some part of her portion for her own particular use, in case she lived to marry, which she would put out for that end, she having enough besides; he advised her then to keep it private from all persons, else her end would be frustrated; which, in all likelihood, he thought she had, and that none had known her mind in that particular but himself, he having advised her to privacy.

Indeed Spencer Cowper did suggest, in a case lately presented to some of the members of parliament, That his prosecutors had not the impudence to suggest at the trial, though put in mind of it, that what they accused him of, was done for the sake of gain. It is true, he did demand a proof that he had any of the deceased young woman's money in his hands; and it cannot be supposed that he would conceal it, if he knew there was any one alive that could make positive proof of it; for then it would have been in vain to have denied it: But her mother did then attempt to speak what she knew in that particular, and other things too, but was stopped several times, and not suffered to speak, unless she would swear; which he knew well enough her persuasion would not admit her to do.

The next thing observable is, the same woman, beforementioned, which saw, and read, her letter sent to him, which gave an account what money she intended he should dispose of for her, and that she had several hundred pounds of it then ready, she being with her one day in her chamber, about two weeks before her death, she bid her look in a drawer there, and bring her the money therein; upon receiving it, Am not I very rich? said she: The other demanding the reason of that question, Because, said she, it is all the money that I am now mistress of; which was only two guineas, and a little silver, notwithstanding she had so many hundred pounds in her possession not long before: And, about the same time, she being in discourse with another person, about her concerns, she said, That Spencer Cowper had a great deal of her monies in his hands, and that he was to have more: And her relations do miss about a thousand pounds; and they know of none she disposed