BROTHERS IN TROUBLE.

In the 'Philosophical Dictionary,' Voltaire, laboring under misapprehension or carried away by perverse humor, made the following strange announcement:—"Il est public en Angleterre, et on voudroit le nier en vain, que le Chancelier Cowper Épousa deux femmes, qui vÉcurent ensemble dans sa maison avec une concorde singuliÈre qui fit honneur À tous trois. Plusieurs curieux ont encore le petit livre que ce Chancelier composa en faveur de la Polygamie." Tickled by the extravagant credulity or grotesque malice of this declaration, an English wit, improving upon the published words, represented the Frenchman as maintaining that the custodian of the Great Seal of England was called the Lord Keeper, because, by English law, he was permitted to keep as many wives as he pleased.

The reader's amusement will not be diminished by a brief statement of the facts to which we are indebted for Voltaire's assertions.

William Cowper, the first earl of his line, began life with a reputation for dissipated tastes and habits, and by unpleasant experience he learned how difficult it is to get rid of a bad name. The son of a Hertfordshire baronet, he was still a law student when he formed a reprehensible connexion with an unmarried lady of that county—Miss (or, as she was called by the fashion of the day Mistress) Elizabeth Culling, of Hertingfordbury Park. But little is known of this woman. Her age is an affair of uncertainty, and all the minor circumstances of her intrigue with young William Cowper are open to doubt and conjecture; but the few known facts justify the inference that she neither merited nor found much pity in her disgrace, and that William erred through boyish indiscretion rather than from vicious propensity. She bore him two children, and he neither married her nor was required by public opinion to marry her. The respectability of their connexions gave the affair a peculiar interest, and afforded countenance to many groundless reports. By her friends it was intimated that the boy had not triumphed over the lady's virtue until he had made her a promise of marriage; and some persons even went so far as to assert that they were privately married. It is not unlikely that at one time the boy intended to make her his wife as soon as he should be independent of his father, and free to please himself. Beyond question, however, is it that they were never united in wedlock, and that Will Cowper joined the Home Circuit with the tenacious fame of a scapegrace and rouÉ.

That he was for any long period a man of dissolute morals is improbable; for he was only twenty-four years of age when he was called to the bar, and before his call he had married (after a year's wooing) a virtuous and exemplary young lady, with whom he lived happily for more than twenty years. A merchant's child, whose face was her fortune—Judith, the daughter of Sir Robert Booth, is extolled by biographers for reclaiming her young husband from a life of levity and culpable pleasure. That he loved her sincerely from the date of their imprudent marriage till the date of her death, which occurred just about six months before his elevation to the woolsack, there is abundant evidence.

Judith died April 2, 1705, and in the September of the following year the Lord Keeper married Mary Clavering, the beautiful and virtuous lady of the bedchamber to Caroline Wilhelmina Dorothea, Princess of Wales. This lady was the Countess Cowper whose diary was published by Mr. Murray in the spring of 1864; and in every relation of life she was as good and noble a creature as her predecessor in William Cowper's affection. Of the loving terms on which she lived with her lord, conclusive testimony is found in their published letters and her diary. Frequently separated by his professional avocations and her duties of attendance upon the Princess of Wales, they maintained, during the periods of personal severance, a close and tender intercourse by written words; and at all other times, in sickness not less than in health, they were a fondly united couple. One pathetic entry in the countess's diary speaks eloquently of their nuptial tenderness and devotion:—"April 7th, 1716. After dinner we went to Sir Godfrey Kneller's to see a picture of my lord, which he is drawing, and is the best that was ever done for him; it is for my drawing-room, and in the same posture that he watched me so many weeks in my great illness."

Lord Cowper's second marriage was solemnized with a secrecy for which his biographers are unable to account. The event took place September, 1706, about two months before his father's death, but it was not announced till the end of February, 1707, at which time Luttrell entered in his diary, "The Lord Keeper, who not long since was privately married to Mrs. Clavering of the bishoprick of Durham, brought her home this day." Mr. Foss, in his 'Judges of England,' suggests that the concealment of the union "may not improbably be explained by the Lord Keeper's desire not to disturb the last days of his father, who might perhaps have been disappointed that the selection had not fallen on some other lady to whom he had wished his son to be united." But this conjecture, notwithstanding its probability, is only a conjecture. Unless they had grave reasons for their conduct, the Lord Keeper and his lady had better have joined hands in the presence of the world, for the mystery of their private wedding nettled public curiosity, and gave new life to an old slander.

Cowper's boyish escapade was not forgotten by the malicious. No sooner had he become conspicuous in his profession and in politics, than the story of his intercourse with Miss Culling was told in coffee-rooms with all the exaggerations that prurient fancy could devise or enmity dictate. The old tale of a secret marriage—or, still worse, of a mock marriage—was caught from the lips of some Hertford scandal-monger, and conveyed to the taverns and drawing-rooms of London. In taking Sir Robert Booth's daughter to Church, he was said to have committed bigamy. Even while he was in the House of Commons he was known by the name of 'Will Bigamy;' and that sobriquet clung to him ever afterwards. Twenty years of wholesome domestic intercourse with his first wife did not free him from the abominable imputation, and his marriage with Miss Clavering revived the calumny in a new form. Fools were found to believe that he had married her during Judith Booth's life and that their union had been concealed for several years instead of a few months. The affair with Miss Culling was for a time forgotten, and the charge preferred against the keeper of the queen's conscience was bigamy of a much more recent date.

In various forms this ridiculous accusation enlivens the squibs of the pamphleteers of Queen Anne's reign. In the 'New Atalantis' Mrs. Manley certified that the fair victim was first persuaded by his lordship's sophistries to regard polygamy as accordant with moral law. Having thus poisoned her understanding, he gratified her with a form of marriage, in which his brother Spencer, in clerical disguise, acted the part of a priest. It was even suggested that the bride in this mock marriage was the lawyer's ward. Never squeamish about the truth, when he could gain a point by falsehood, Swift endorsed the spiteful fabrication, and in the Examiner, pointing at Lord Cowper, wrote—"This gentleman, knowing that marriage fees were a considerable perquisite to the clergy, found out a way of improving them cent. per cent. for the benefit of the Church. His invention was to marry a second wife while the first was alive; convincing her of the lawfulness by such arguments as he did not doubt would make others follow the same example. These he had drawn up in writing with intention to publish for the general good, and it is hoped he may now have leisure to finish them." It is possible that the words in italics were the cause of Voltaire's astounding statement: "Plusieurs curieux ont encore le petit livre que ce Chancelier composa en faveur de la Polygamie." On this point Lord Campbell, confidently advancing an opinion which can scarcely command unanimous assent, says, "The fable of the 'Treatise' is evidently taken from the panegyric on 'a plurality of wives,' which Mrs. Manley puts into the mouth of Lord Cowper, in a speech supposed to be addressed by Hernando to Lousia." But whether Voltaire accepted the 'New Atalantis,' or the Examiner, as an authority for the statements of his very laughable passage, it is scarcely credible that he believed himself to be penning the truth. The most reasonable explanation of the matter appears to be, that tickled by Swift's venomous lines, the sarcastic Frenchman in malice and gaiety adopted them, and added to their piquancy by the assurance that the Chancellor's book was not only published, but was preserved by connoisseurs as a literary curiosity.

Like his elder brother, the Chancellor, Spencer Cowper married at an early age, lived to wed a second wife, and was accused of immorality that was foreign to his nature. The offence with which the younger Cowper was charged, created so wide and profound a sensation, and gave rise to such a memorable trial, that the reader will like to glance at the facts of the case.

Born in 1669, Spencer Cowper was scarcely of age when he was called to the bar, and made Comptroller of the Bridge House Estate. The office, which was in the gift of the corporation of London, provided him with a good income, together with a residence in the Bridge House, St. Olave's, Southwark, and brought him in contact with men who were able to bring him briefs or recommend him to attorneys. For several years the boy-barrister was thought a singularly lucky fellow. His hospitable house was brightened by a young and lovely wife (Pennington, the daughter of John Goodeve), and he was so much respected in his locality that he was made a justice of the peace. In his profession he was equally fortunate: his voice was often heard at Westminster and on the Home Circuit, the same circuit where his brother William practised and his family interest lay. He found many clients.

Envy is the shadow of success; and the Cowpers were watched by men who longed to ruin them. From the day when they armed and rode forth to welcome the Prince of Orange, the lads had been notably fortunate. Notwithstanding his reputation for immorality William Cowper had sprung into lucrative practice, and in 1695 was returned to Parliament as representative for Hartford, the other seat for the borough being filled by his father, Sir William Cowper.

In spite of their comeliness and complaisant manners, the lightness of their wit and the prestige of their success, Hertford heard murmurs that the young Cowpers were too lucky by half, and that the Cowper interest was dangerously powerful in the borough. It was averred that the Cowpers were making unfair capital out of liberal professions: and when the Hertford Whigs sent the father and son to the House of Commons, the vanquished party cursed in a breath the Dutch usurper and his obsequious followers.

It was resolved to damage the Cowpers:—by fair means or foul, to render them odious in their native town.

Ere long the malcontents found a good cry.

Scarcely less odious to the Hertford Tories than the Cowpers themselves was an influential Quaker of the town, named Stout, who actively supported the Cowper interest. A man of wealth and good repute, this follower of George Fox exerted himself enthusiastically in the election contest of 1695: and in acknowledgment of his services the Cowpers honored him with their personal friendship. Sir William Cowper asked him to dine at Hertford Castle—the baronet's country residence; Sir William's sons made calls on his wife and daughter. Of course these attentions from Cowpers to 'the Shaker' were offensive to the Tory magnates of the place: and they vented their indignation in whispers, that the young men never entered Stout's house without kissing his pretty daughter.

While these rumors were still young, Mr. Stout died leaving considerable property to his widow, and to his only child—the beauteous Sarah; and after his death the intercourse between the two families became yet more close and cordial. The lawyers advised the two ladies about the management of their property: and the baronet gave them invitations to his London House in Hatton Garden, as well as to Hertford Castle. The friendship had disastrous consequences. Both the brothers were very fascinating men—men, moreover, who not only excelled in the art of pleasing, but who also habitually exercised it. From custom, inclination, policy, they were very kind to the mother and daughter; probably paying the latter many compliments which they would never have uttered had they been single men. Coming from an unmarried man the speech is often significant of love, which on the lips of a husband is but the language of courtesy. But, unfortunately, Miss ('Mistress' is her style in the report of a famous trial) Sarah Stout fell madly in love with Spencer Cowper notwithstanding the impossibility of marriage.

Not only did she conceive a dangerous fondness for him, but she openly expressed it—by speech and letters. She visited him in the Temple, and persecuted him with her embarrassing devotion whenever he came to Hertford. It was a trying position for a young man not thirty years of age, with a wife to whom he was devotedly attached, and a family whose political influence in his native town might be hurt by publication of the girl's folly. Taking his elder brother into his confidence, he asked what course he ought to pursue. To withdraw totally and abruptly from the two ladies, would be cruel to the daughter, insulting to the mother; moreover, it would give rise to unpleasant suspicions and prejudicial gossip in the borough. It was decided that Spencer must repress the girl's advances—must see her loss frequently—and, by a reserved and frigid manner, must compel her to assume an appearance of womanly discretion. But the plan failed.

At the opening of the year 1699 she invited him to take up his quarters in her mother's house, when he came to Hertford at the next Spring Assizes. This invitation he declined, saying that he had arranged to take his brother's customary lodgings in the house of Mr. Barefoot, in the Market Place, but with manly consideration he promised to call upon her. "I am glad," Sarah wrote to him on March 5, 1699, "you have not quite forgot there is such a person as I in being: but I am willing to shut my eyes and not see anything that looks like unkindness in you, and rather content myself with what excuses you are pleased to make, than be inquisitive into what I must not know: I am sure the winter has been too unpleasant for me to desire the continuance of it: and I wish you were to endure the sharpness of it but for one short hour, as I have done for many long nights and days, and then I believe it would move that rocky heart of yours that can be so thoughtless of me as you are."

On Monday, March 13, following the date of the words just quoted, Spencer Cowper rode into Hertford, alighted at Mrs. Stout's house, and dined with the ladies. Having left the house after dinner, in order that he might attend to some business, he returned in the evening and supped with the two women. Supper over, Mrs. Stout retired for the night, leaving her daughter and the young barrister together. No sooner had the mother left the room, than a distressing scene ensued.

Unable to control or soothe her, Spencer gently divided the clasp of her hands, and having freed himself from her embrace, hastened from the room and abruptly left the house. He slept at his lodgings; and the next morning he was horror-struck on hearing that Sarah Stout's body had been found drowned in the mill-stream behind her old home. That catastrophe had actually occurred. Scarcely had the young barrister reached the Market Place, when the miserable girl threw herself into the stream from which her lifeless body was picked on the following morning. At the coroner's inquest which ensued, Spencer Cowper gave his evidence with extreme caution, withholding every fact that could be injurious to Sarah's reputation; and the jury returned a verdict that the deceased gentlewoman had killed herself whilst in a state of insanity.

In deep dejection Spencer Cowper continued the journey of the circuit.

But the excitement of the public was not allayed by the inquest and subsequent funeral. It was rumored that it was no case of self-murder, but a case of murder by the barrister, who had strangled his dishonored victim, and had then thrown her into the river. Anxious to save their sect from the stigma of suicide the Quakers concurred with the Tories in charging the young man with a hideous complication of crimes. The case against Spencer was laid before Chief Justice Holt, who at first dismissed the accusation as absurd, but was afterwards induced to commit the suspected man for trial; and in the July of 1699 the charge actually came before a jury at the Hertford Assizes. Four prisoners—Spencer Cowper, two attorneys, and a law-writer—were placed in the dock on the charge of murdering Sarah Stout.

On the present occasion there is no need to recapitulate the ridiculous evidence and absurd misconduct of the prosecution in this trial; though criminal lawyers who wish to know what unfairness and irregularities were permitted in such inquiries in the seventeenth century cannot do better than to peruse the full report of the proceedings, which may be found in every comprehensive legal library. In this place it is enough to say that though the accusation was not sustained by a shadow of legal testimony, the prejudice against the prisoners, both on the part of a certain section of the Hertford residents and the presiding judge, Mr. Baron Hatsel, was such that the verdict for acquittal was a disappointment to many who heard it proclaimed by the foreman of the jury. Narcissus Luttrell, indeed, says that the verdict was "to the satisfaction of the auditors;" but in this statement the diarist was unquestionably wrong, so far as the promoters of the prosecution were concerned. Instead of accepting the decision without demur, they attempted to put the prisoners again on their trial by the obsolete process of "appeal of murder;" but this endeavor proving abortive, the case was disposed of, and the prisoners' minds set at rest.

The barrister who was thus tried on a capital charge, and narrowly escaped a sentence that would have consigned him to an ignominious death, resumed his practice in the law courts, sat in the House of Commons and rose to be a judge in the Court of Common Pleas. It is said that he "presided on many trials for murder; ever cautious and mercifully inclined—remembering the great peril which he himself had undergone."

The same writer who aspersed Somers with her unchaste thoughts, and reiterated the charge of bigamy against Lord Chancellor Cowper, did not omit to give a false and malicious version to the incidents which had acutely wounded the fine sensibilities of the younger Cowper. But enough notice has been taken of the 'New Atalantis' in this chapter. To that repulsive book we refer those readers who may wish to peruse Mrs. Manley's account of Sarah Stout's death.

A distorted tradition of Sarah Stout's tragic end, and of Lord Cowper's imputed bigamy, was contributed to an early number of the 'European' by a clerical authority—the Rev. J. Hinton, Rector of Alderton, in Northamptonshire. "Mrs. Sarah Stout," says the writer, "whose death was charged upon Spencer Cowper, was strangled accidentally by drawing the steenkirk too tight upon her neck, as she, with four or five young persons, were at a game of romp upon the staircase; but it was not done by Mr. Cowper, though one of the company. Mrs. Clavering, Lord Chancellor Cowper's second wife, whom he married during the life of his first, was there too; they were so confounded with the accident, that they foolishly resolved to throw her into the water, thinking it would pass that she had drowned herself." This charming paragraph illustrates the vitality of scandal, and at the same time shows how ludicrously rumor and tradition mistell stories in the face of evidence.

Spencer Cowper's second son, the Rev. John Cowper, D.D., was the father of William Cowper, the poet.