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I DID intend troubling your lordship with an earlier addrefs, but the day after I received your prohibitory mandate, I had the honour of a vifit from lord Mountftuart, to whofe interpofition I find I am indebted for your first commands, relative to the Trip to Calais, by Mr. Chetwynd, and your final rejection of it by Colonel Keen.

Lord Mounftuart has, I prefume, told your lordship, that he read with me those fcenes to which your lordship objected; that he found them collected from general nature, and applicable to none but those who, through consciousness, were compelled to a felf-application:_ to fuch minds, my lord, the Whole Duty of Man, next to the Sacred Writings, is the feverest satire that ever was wrote; and to the fanie mark if comedy dire&s not her aim, her arrows are shot in the air; for by what touches no man, no man will be mended. Lord Mountftuart defired that I would fuffer him to take the play with him, and let him leave it with the duchess of Kingfton: he had my confent, my lord; and at the fame time an affurance, that I was willing to make any alteration that her grace would fuggeft. Her grace faw the play, and, in confequence, I faw her grace; with the refult of that interview I fhall not, at this time, trouble your lordship. It may perhaps be necellary to obferve, that her grace could not difcern, which your lordship, I dare fay, will readily believe, a fingle trait in the character of lady Kitty Crocodile, that refembled herself.

After this reprefentation, your lordship will, I doubt not, permit me to enjoy the fruits of my labour; nor will you think it reasonable, because a capricious individual has taken it into her head, that I have pinned her ruffles awry; that I fhould be punished by a poniard ftuck deep in my heart: your lordship has too much candour and justice to be the inftrument of fo violent and ill-di. rected a blow.

Your lordship's determination is not only of the greatest importance to me now, but mult inevitably decide my fate for the future; as, after this defeat, it will be impoffible for me to muster up courage enough to face folly again: between the mufe and the magiftrate there is a natural confederacy; what the laft

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cannot punish, the first often corrects but when he finds herself not only deferted by her antient ally, but fees him armed in the defence of her foe, she has nothing left but a speedy retreat: adieu then, my lord, to the fiage. Valeat res ludicra, to which, I hope, I may with juftice add Plaudite, as, during my continuance in the fervice of the public, I never profited by flattering their paffions, or falling in with their humours; as, upon all occafions, I have exerted my little powers (as, indeed, I thought it my duty) in expofing follies, how much foever the favourites of the day; and pernicious prejudices, however protected and popular. This, my lord, has been done, if thofe may be believed who have the best right to know, fometimes with fuccefs; let me add too, that in doing this I never lost my credit with the public, becaufe they knew that I proceeded upon principle; that I difdained being either the echo or the inftrument of any man, however exalted his station; and that I never received reward or protection from any other hands than their own.

I have the honour to be, &c. SAMUEL FOOTE. Mr. Foote intends foon to publifh the fcenes in his Trip to Calais, objected to by the lord chamberlain, as a justification of his own conduct, with a prefa-. tory dedication to the duchefs of Kingfton.

The intimation couched in the poftfcript to the above letter, produced on the 15th inftant, the publication of the following letters, which were introduced on the part of her grace of Kingtion, . with the following preface.

"Mr. Foote, interdicted by the chamberlain from reprefenting the libellous piece called a Trip to Calais, threatened to publish the fcenes, and dedicate them to her grace of Kingston. It was in vain that the malignity as well as injuftice of fuch a procedure were reprefented to Mr. Foote in the strongest colours. The mimic would not yield one tittle to the remonftrance of humanity, though he appeared attentive to the call of intereft; in obedience to which call, he acquainted a friend of the duchefs of Kinglion's, that he would confent to fupprefs the publication of the scenes, if her grace would give him Two THOUSAND POUNDS for the copy." It may be easily supposed that fo impudent a demand shared the fate of refusal. Baffled thus in his hopes, and finding that his threats of publication could not intimidate the duchefs into compliance, Mr.

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Foote

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A MEMBER of the privy council, and a friend of your grace's (he has begged me not to mention his name, but I fuppofe your grace will eafily guefs him) has juft left me. He has explained to me, what I did not conceive, that the publication of the fcenes in the Trip to Calais, at this juncture, with the dedication and preface, might be of infinite ill-confequence to your affairs.

I really, madam, wifh you no ill, and fhould be forry to do you an injury.

I, therefore, give up to that confideration, what neither your grace's offers, nor the threats of your agents could obtain; the scenes fhall not be published, nor fhall any thing appear at my theatre, or from me, that can hurt you;

Provided the attacks made on me in the news-papers does not make it neceffary for me to act in defence of myself. Your grace will, therefore, fee the neceffity of giving proper directions. I have the honour to be Your grace's

Moft devoted servant,
SAMUEL FOOTE.

North-End, Sunday, Aug. 13th, 1775.

(COPY.)

you are, then is there not fpirit in an injured woman, nor meanness in a flanderous buffoon.

To a man, my fex alone would have fcreened me from attack-but I am writing to the defcendant of a Merry Andrew, and proftituté the term of manhood by applying it to Mr. Foote.

Cloathed in my innocence as in a coat of mail, I am proof against an hoft of foes; and confcious of never having intentionally offended a fingle individual, I doubt not but a brave and generous public will protect me from the malevolence of a Theatrical Affaffin. fhall have cause to remember, that tho' I would have given liberally for the relief of your neceffities, I fcorn to be bullied into a purchase of your filence.

You

There is fomething, however, in your pity at which my nature revolts. To make me an offer of pity at once betrays your infolence and your vanity. I will keep the pity you fend until the morning before you are turned off, when I will return it by a Cupid with a box of lip-falve, and a choir of choristers shall chaunt a ftave to your requiem. Kingston House, Sunday, 13th Auguft.

E. KINGSTON.

P. S. You would have received this fooner, but the fervant has been a long time writing it.

To the Duchefs of Kingston.

Madam,

THOUGH I have neither time nor inclination to answer the illiberal attacks of your agents, yet a public correfpondence with your grace is too great an honour for me to decline. I cannot help thinking but it would have been prudent

A fervant was directed to return the in your grace to have answered my letfollowing anfwer:

SIR,

To Mr. Foote.

I WAS at dinner when I received your ill-judged letter. As there is little confideration required, I shall facrifice a moment to answer it.

A member of your Privy Council can never hope to be of a lady's cabinet.

I know too well what is due to my own dignity, to enter into a compromife with an extortionable affaffin of private reputation. If I before abhorred you for your flander, I now defpife you for your conceffions; it is a proof of the illiberality of your fatire, when you can publifh or fupprefs it as beft fuits the needy convenience of your purfe. You firft had the cowardly bafenefs to draw the fword, and if I theath it until I make you crouch like the fubfervient vaffal as

ter before dinner, or at leaft poftponed it to the cool hour of the morning: you would then have found that I had voluntarily granted that request which you had endeavoured, by fo many different ways, to obtain

Lord Mountftuart, for whose amiable
NOT E.

*Mr. Foote is defcended in the female line from one Harness, a MerryAndrew, who exhibited at Totnefs in Devonshire, and afterwards figured in the character of a Mountebank at Plymouth. This fame Merry-Andrew's daughter married juftice Foote of Truro in Cornwall. There is a man now living, who has of ten been more delighted with the nimble feats of this active Merry-Andrew, than with all the grinlace of features it is in the power of our modern Aristophanes to affume.

qualition

542 Letters between the Duchess of Kingston and Mr. Foote. Sept.

qualities I have the highest refpect, and
whofe name your agents firft very unne-
ceffarily produced to the public, muft
recollect, when I had the honour to meet
him at Kingston-houfe, by your grace's
appointment, that inftead of begging re-
lief from your charity, I rejected your
fplendid offers to fupprefs The Trip to
Calais with the contempt they deferved.
Indeed, madam, the humanity of my
royal and benevolent matter, and the
public protection, have placed me much
above the reach of your bounty.

But why, madam, put on your coat
of mail against me?
intentions. Folly, not vice, is the game
I have no hoftile
I purfue. In thofe fcenes which you fo
unaccountably apply to yourself, you
muft obferve, that there is not the flight-
eft hint at the little incidents of your
life, which have excited the curiofity of
the grand inqueft for the county of Mid-
dlefex. I am happy, madam, however,
to hear that your robe of innocence is in
fuch perfect repair, I was afraid it might
have been a little the worse for the wear-
ing; may it hold out to keep you warm
the next winter!

The progenitors your grace has done
me the honour to give me, are, I pre-
fume, merely metaphorical perfons, and
to be confidered as the authors of my
muse, and not of my manhood: a Mer-
ry Andrew and a Proflitute are no bad
poetical parents, efpecially for a writer
of plays; the first to give the humour and
mirth, the last to furnish the graces and
power of attraction.
players too muft live by pleafing the pub-
Prostitutes and
lic; not but your grace may have heard
of ladies, who, by private practices,
have accumulated amazing great fortunes.
If you mean that I really owe my birth
to that pleafant connection, your grace
is grofsly deceived.
truth, a very useful magiftrate and ref-
My father was, in
pectable country gentleman, as the whole
county of Cornwall will tell you. My
mother, the daughter of Sir Edw. Good-
ere, Bart. who represented the county of
Hereford; her fortune was large, and
her morals irreproachable, till your grace
condefcended to ftain them; he was up-
wards of four-fcore years old when the
died, and what will furprife your grace,
was never married but once in her life.
I am obliged to your grace for your in-
tended prefent on the day, as you po-
litely exprefs it, when I am to be turned
off. But where will your grace get the
Cupid to bring me the lip-falve? That
family, I am afraid, has long quitted
your fervice.

of your female confidential fecretary? Pray, madam, is not Jn the name and is not the generally cloathed in black petticoats made out of your weeds? So mourned the dame of Ephesus her love."

when you last refided at Rome: you heard there, I suppose, of a certain Joan, I fancy your grace took the hint who was once elected a Pope, and, in humble imitation, have converted a pious parfon into a chambermaid. The scheme its particular pleasures. That you may is new in this country, and has doubtless every emergence, is the fincere with of never want the benefit of the clergy, in Your grace's

Moit devoted and obliged
humble fervant,

much abuse and invective continued to be SAMUEL FOOTE. Here the correfpondence ftopped, tho thrown out in the public prints, by the friends of both parties, till the appearance of the following affidavit on the 19th put an end to the contest, nothing having been publifhed by either fide

fince that time.

Middlefex

and

to wit.

(Affidavit.)

Wefiminfier, (to her grace the duchefs of "THE Rev. Mr. John Forfter, A. M. Chaplain That in the month of July laft, he waited on Mr. Samuel Foote, at his house Kingfion, maketh oath, at North End, by the direction of her to the faid Mr. Foote a manufcript cograce the duchess of Kingston, to return medy, entitled, a " which he, the said Mr. Foote, had left with her grace for her perufal, which he Trip to Calais," did accordingly deliver to him: That at this time he took an opportunity to difcomedy, which he was informed was his fuade Mr. Foote from publishing the faid intention to do, as it might very much difoblige the duchefs of Kingtton, and make in her a powerful enemy, who was capable of being a very valuable fi iend: That on these confiderations, he advifed the faid Mr. Foote to make a compligrace the duchess of Kington, especialment of the copy of this piece to ber ly as the public performance of it had been prohibited by the lord chamberlain : That the faid Mr. Samuel Foote replied, that unless the duchefs of Kingston would give him two thousand pounds, he would publish the " preface and dedication to her grace; that the faid M, Foote commiffioned Trip to Calais," with a and

him to communicate thefe his intentions to her grace the duchefs of Kingston.

JOHN FORSTER." Sworn before me this 18th day of August, 1775. J. FIELDING.

ON

A circumftantial Account of the Trial of Mifs Jane Butterfield, at the Surry Affizes beld at Croydon, on a Charge of poisoning the late William Scawen, Efq; N Saturday Aug. 19, as foon as it was day-light, the doors of the Affize-hall, at Croydon, began to be furrounded by perfons defirous of hearing the trial of Mifs Butterfield; a number of handsome young ladies were introduced by the counfel, and accommodated by the deputy fheriff with convenient places in the hall. At feven o'clock the prifoner was brought in a post-chaife, attended by the keeper of Tothillfields bridewell, and a young lady her friend. Several of the first families in the county paid their respects to her, lamented her unfortunate fituation, and heartily with ed her a fafe deliverance. About a quarter of an hour was spent in feating the jury, counfel, and other perfons, whofe official duty required their prefence; after which Sir Sydney Stafford Smythe, Lord Chief Baron of the Exchequer, came into court, and being feated on the bench, the business of the day began. The indictment was read over by the clerk, fetting forth, that on or between the 14th and 16th day of June, or on fome one of those three days, the prifoner at the bar administered to the deceafed Mr. Scawen, at Woodcote, in the parish of Bedington, in the county of Surry, fome mixture or preparation of corrofive fublimate, with an intent to poifon him; and that he languifhed in great pain and torture till the 8th of July, when he died at Cheame in the faid county.

The first perfon brought to prove this charge was Mr. Robert Cockeran, an apothecary. He depofed, that fome time in the latter end of the month of March, he was fent for by the deceased, whom he found in a falivation; that the fymptoms were very violent, and that the effects of the mercury or corrofive fublimate, by the medicines he adminiftered to him, were entirely removed by the 17th of April. He heard nothing more of the deceased till the 24th of May, when he was again fent for. The deceased then complained, that an old ulcer he had in his arm was becoming extremely troublesome to him, and that he fent for the witness in order to have his September, 1775

advice. The witnefs accordingly examined his arm, and difcovered a large ulcer where the deceafed had had for many years a running iffue. It must be obferved, that in the interim, from the time that the effects of the firft falivation difappeared, the witnefs had ordered for the deceafed a lixivium, in order to relieve him from a gravelly complaint. The ulcer on the arm being much inflamed and spread, he ordered him farfaparilla, and from thence till the 14th of June, the ulcer was daily putting on a better appearance, though when he first came it was full of vermin or maggots. On the 14th, however, a brally tafte in his mouth, fuch as the deceased had felt in the firft falivation in April, returned, accompanied with all the other fymptoms of a floughed ulcerated mouth, &c. This alarmed the witness a good deal, and he asked the deceased if he had taken any other medicine. The latter replied, no, and the prifoner confirmed it, by affuring him, that it was fhe gave him every thing, and that he took nothing but what he had fent him. The ulcers and floughs in the mouth encreafing, he then, for the first time, began to fufpect that the patient had had fome foul play; and that the former falivation, as well as that now approaching, were caufed by fome preparation of corrofive fublimate. His fufpicions ftill growing on him, the witness in his way to Woodcote, called on lady Mead, the deceafed's fifter; and informing her of her brother's illness, fhe faid, "The had heard that they were poisoning her brother." The witnefs then defired that Mr. Sanxy, the furgeon, might be fent for, and he accordingly came on the 17th in the morning. On cross-examination, he said, that it was William Dyer, his fhopman, that made up the medicines taken by the deceased in the intermediate time between the first and fecond falivation; and that there was not a fingle particle of mercury in any of the compo fitions. Being afked whether the deceafed was not of a very weakly conftitution, and if it was not poffible that a quack medicine he took at the time of the first falivation, might not have been the occafion of the fecond? he replied, that the deceased was weakly, and that it was poffible that a very fmall quantity of mercury might affect a person of fuch a reduced habit; but he could never think, that mercury taken two months or fix weeks before, could operate in the manner, or produce the fymptoms that appeared, fubfequent to the 13th of June. Aaaa

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544 Trial of Mifs Butterfield for poisoning Mr. Scawen.

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Mr. Sanxy, a furgeon in the neighbourhood, was next examined. He depofed, that from the converfation which had paffed between the laft witnefs and lady Mead, he was fent for to Woodcote on the 17th, and found the deceafed labouring under all the appearances of an approaching falivation, his mouth being floughed and ulcerated: that he complained of no pain, but a kind of uneafiness; and that every thing he took had a braffy tafte. He ordered fomething to wath his mouth, and then afked him if the difagreeable tafte was gone off? and he anfwered, it was. This paffed in the prefence of the prifoner; and the witness declaring his fufpicions, that the braffy tafte must have been occafioned by fomething put into his liquor, fhe declared that the deceased had taken nothing but what he gave him. ways find the tafie renewed after I "I aldrink," faid the deceased, draught you gave me made me fick, and "the last I vomited." "That,' foner, 66 was because you took the barreplied the priley-water too foon.' the deceased, "I was fick before I took No," anfwered the barley-water." The witnefs proceeded and faid, that the deceafed never complained till after he drank; and informed him, that the confequence of drinking was always a return of the braffy tafte, therefore it must have proceeded from the liquor. The witness then preffed him to defcribe the fenfation produced as well as he could. The deceafed replied, "it affects my tafte exactly as if I had a halfpenny in my mouth." then recommended to the deceased to He have a nurse to attend him. The prifoner said, it is unneceflary, for I am fure he will take nothing front any perfon but from me;" on which the former replied with fome warmth, "I muft and will have a nurfe." He informed the court, that as foon as he had taken thofe precautions, he went to town, with an intention of confulting and calling to his aid fome of the first of the profeffion, either ferjeant Hawkins, Mr. Bromfield, or Mr. Adair, if they were in the way; but on his arrival none of them were at home. On which he applied to Mr. Young, of St. Bartholomew's hofpital, a gentleman of long experience and eminence in his profetiion. That accordingly Mr. Young came down with him to Woodcote, and was prefent with him in the deceased's room, when he (the witnefs) repeated all his former queftions to the deceated, who answered, that he had taken no medicines from the time of

Sept.

He ob

the last falivation, but what Cockeran had fent him; nor any thing but from the hands of the prifoner. He said, that corrofive fublimate was so very powerful in its operations, and fo exacly refem bled the effect, produced on the deceafed, that to fatisfy himself the more fully in it, he diffolved a grain of corrofive fublimate in a tea-cup of warm water, and taking a bowl of water, poured into it twenty drops of this solution; and defired the deceased to taste it, which he did; and faid, that it produced on him the fame effects as that complained of when he took his draughts. He faid, that for the greater convenience of attending him, he had the deceased brought to his own houfe at Cheame, on the 20th of June; and after living nineteen days, he died on the eighth day of July, of the been given on the 14th of June. The effects of the mercury fupposed to have the 22d, was confiderably abated on the falivation was gradually encreafing till 24th, and for ten days before he died he was in all appearance free of all combrought on a fever and mortification, plaints but the fores in his mouth, which that terminated in his death. ferved, that the ulcer in his arm was gradually contracting, and putting on a healthful appearance; that he had a good appetite, and in fome degree appeared chearful. Being afked, whether he thought that fublimate, given in fmall quantities, would operate as a flow poibut it would; that the celebrated affair fon? he faid, he had not a fingle doubt of the countess of Soiffons at Paris was mercury taken in small quantities, would well known; and that the effects of death itfclf. He faid, that the deceased, be heats, a confirmed hectic fever, and on his leaving Woodcote, told him he had been poifoned; and that what he had taken was the caufe of his death. On the 22d of June the deceased informed the witness, that is meant to alter his will, on account of his newly conceived diflike against the prifoner; on which the witnefs defired him to defer executing his intention to the next day, ed over for the purpofe of directing the when the hon. Mr. Howard was expectform the will fhould be drawn in; but the deceased replied, for Mr. Howard; return, told him, "I have made my "I will not wait will," Mr. Howard came over the 23d. and on the witness's read the will, and faid it would do very well; obferving, that the deceased had bequeathed his perfonal fortune from the prifoner, and had left the real estate to

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