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 unto 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 Veluet-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 subicct, 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.

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 his 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

of any otherwise, after she writ that letter to him. And when her mother asked him, before the Lord Chief Justice Holt, what money he had in his hands of her daughter's? He said, none; and also said, he thought his reputation would have secured, or carried him above suspicions or examinations of this kind.

But it may easily be gathered who carried her money away, for a great deal of it was in gold; and that very morning he went away, when he had lodged at her mother's house, he very much importuned her to come to his house at London; and told her, how glad his wife would be of her company, and used many arguments to persuade her to it; and at length said, he would not go out of the house, till she had promised him to come: but she refused to promise him, and said, she did not know when she should come to London. This discourse was in the hearing of one that will evidence it upon oath.

The week before that assize, she received a letter from his wife, which was writ after the usual manner, as she had several not long before, very earnestly inviting her to her house at London, with high expressions of love; and so much the more she desired her company then, because she believed they should not come to lodge at Hertford that summer and in that letter tells her, that they must expect her husband at their house at the assize; the which she told her mother, and others, who read the letter. This letter Spencer Cowper confessed to the coroner's inquest, that he ordered his wife to write it for his lodging at her mother's house; but, when he was examined by the Lord Chief Justice Holt, he then denied it, and said, his wife writ no letter: but her maid, Sarah Walker, being present, told him, his wife did send a letter, and that she herself took it in of the post-man, and gave it to her mistress; so then he could not deny that there was a letter sent.

And accordingly he came, and sent his horse thither; and being asked, before he rid from the door, whether he would come to dinner? He said, he was not certain, but would send word: but, her mother and she staying long, and he not sending, they sent her maid, to see whether he would come or no; who then quickly came, and dined there; and when he went from thence, the young woman, S. S. going to the door with him, asked, if he thought to lodge at their house? He said, yes, he would come and lodge at their house. This she said as soon as he was gone; and then bid the maid go get his bed ready. At night, when he came, her mother being in the room with her, he fell into some discourse remote from any thing of her daughter's business; and, after some time, called for pen and ink, to write a letter to his wife, although it was not post-night, nor did any carrier go next day. When he went to write, her mother and she went out of the room, and staid a considerable time; but, it growing late, the young woman went in, to see if he had done, and if he would have any supper; and what he desired he had. Her mother went not in again, because she knew her daughter expected he would give her some account of her money, and have brought her security for it, as he did the sessions before, for her two hundred pounds; and she, finding that he would not speak of it before her, would not interrupt them, but gave her daughter time and opportunity to speak to him. What discourse they