that had sworn that they had been present at Mr. Wilkes's all the time, and had seen Mr. Webb there, but had not seen him with a key

requisition of Mr. Dunning, Mr. Webb bad finally said, "Upon recollection I am positive that I had no key in my hand." And then after a little pause added, "And it is impossi-in his hand: the jury, after a consultation of ble that I could have had one, because I did not go up stairs."

an hour and ten minutes, (during which time lord Mansfield, growing impatient, sent a message to them by one of the officers of the court to desire them to hasten their verdict) brought in their verdict that he was Not

the celebrated Letter concerning Libels, WarI apprehend that the following passage in rants, Seizure of Papers,' &c. relates to somethe House of Lords in relation to the case of thing which had been said by lord Mansfield in Mr. Webb.

This was the evidence which Mr. Webb was clearly proved to have delivered at the former trial. But Mr. Webb's counsel and lord Mans-Guilty. field observing to the jury that Mr. Webb's denial of his having had a key was not an absolute and peremptory denial, which they contended appeared from his intermixing it with the last-mentioned reasoning upon it, namely that he could not have had it because he did not go up stairs; lord Mansfield representing to them likewise that Mr. Webb must all along. have meant to deny only his having a key of Mr. Wilkes's in his hand, which he inferred also from the same words of Mr. Webb about his not going up stairs; lord Mansfield also informing the jury that unless the point in which a material witness in a cause is contradicted by another witness, who swears falsely in so contradicting him, be a point so material to the issue in question, (though it need not be the issue itself) that if it be false, the issue must remain totally destitute of evidence, the perjury so committed by the second witness, even though it were wilful, is not a crime punishable by the law,* but only a heinous moral sin; and then observing to them that the point in which Mr. Webb contradicted Mr. Beardmore was not a point so materially connected with the issue in that trial: and lastly informing them that unless a man swore to a falsehood knowing it to be false, he was not guilty of wilful and corrupt perjury; and observing likewise that there was some room to doubt whether what Mr. Webb had sworn was in itself false or no, since there were three or four witnesses

"Perjury," says lord Coke, 3 Inst. 164, " is a crime committed where a lawful oath is ministered by any that hath authority to any person in any judicial proceeding who sweareth absolutely and falsely in a matter material to the issue or cause in question by their own act or by the subornation of others." He then proceeds to "peruse the branches of this description." See also 4 Blackst. Comm. book 4, p. 137.

"I will ask the Attorney what opinion he would have of the veracity of a judge, who, having tried an old gentleman for perjury, where there were four positive witnesses for the prosecutor to the words being spoken, which were charged and which were probable in the nature of the case, and four witnesses for the defendant, in short his followers, who swore that they were very near their master, and must have heard the words had they been spoken, and they heard them not; and that the judge thereupon found it necessary to labour to the jury the character and fortune of the defendant, and the utter improbability of his having denied upon oath his having uttered the words, had he really uttered them; and that after a good deal of hesitation and doubt, the jury at last acquitted the defendant; I say, after such an acquittal, what would one think of a judge who should in a public assembly wantonly and unnecessarily mention this case, and declare there was not the least colour or pretence for the prosecution? What the Attorney may say, I know not; but I am sure, for my own part, I would never afterwards give such judge credit for a fact he should advance upon his own testimony only, however glad I might be to hear his reasoning upon any subject whatever. For, ingenuity is one thing, and simple testimony another, and plain truth, (I take it) needs no flowers of speech."" [See Pope's Imitation of Horace, book 1, Ep. 6. “Plain truth, dear Murray, needs no flowers of speech."]

·

545. The Trial of WILLIAM Lord BYRON, Baron BYRON of Rochdale, for the Murder of William Chaworth, esq.: Before the Right Hon. House of Peers, in Westminster-hall, in full Parliament, on Tuesday the 16th, and Wednesday the 17th of April 5 GEORGE III. A. D. 1765.

Four serjeants at arms with their maces, they, and all others, stood up uncovered, while

required) is now vacant (as we are informed;) we, very much confiding in your fidelity, prudence, provident circumspection, and industry, have, for this cause, ordained and constituted you Steward of Great Britain, to bear, execute, and exercise, for this time, the said office, with all things due and belonging to the same office in this behalf: and therefore we command you, that you diligently set about the premises, and, for this time, do exercise and execute, with effect, all those things which belong to the office of Steward of Great Britain, and which are required in this behalf. In wit ness whereof, we have caused these our letters to be made patent. Witness ourself at Westminster, the fifteenth day of April, in the fifth year of our reign.

"By the king himself, signed with his own hand. YORKE and YORKE."

Serjeant at Arms. God save the king.

|

Byron, baron Byron of Rochdale, is called in the same; together with this writ, that we may cause further to be done thereon, what of right, and according to the law and custom of England we shall see fit to be done. Witness ourself at Westminster, the twenty-eighth day of February, in the fifth year of our reign.

"YORKE and YORKE."

Label." To the right honourable William lord Mansfield, chief justice appointed to hold pleas before the king himself, a writ of Certiorari, to certify into the upper House of Parliament the indictment found against William Byron, baron Byron of Rochdale, for murder, returnable immediately, before the king in parYORKE and YORKE."

liament.

Indorsed. "By order of the Lords spiritual and temporal, in parliament assembled, by virtue of the within writ to me directed, I send to our sovereign lord the king, in this present parliaThen Garter, and the gentleman usher of ment under my seal, the indictment within the Black Rod, after three reverences, kneel-mentioned, with all things touching the same, ing, jointly presented the white staff to his in certain schedules hereunto annexed, as I am MANSFIELD." grace the Lord High Steward: and then his within commanded. grace, attended by Garter, Black Rod, and the Purse-Bearer (making his proper reverences towards the throne) removed from the woolpack to an armed chair, which was placed on the uppermost step but one of the throne, as it was prepared for that purpose; and then seated himself in the chair, and delivered the staff to the gentleman usher of the Black Rod on his right hand, the Purse-Bearer holding the purse on his left.

Clerk of the Crown. Serjeant at Arms, make proclamation.

Serjeant at Arms. Oyez, Oyez, Oyez! Our sovereign lord the king strictly charges and commands all manner of persons to keep silence, upon pain of imprisonment.

Then the Clerk of the Crown, by direction of the Lord High Steward, read the Certiorari, and the Return thereof, together with the Caption of the Indictment, and the Indictment certified thereupon, against William lord Byron; in hac verba :

"George the third, by the grace of God, of Great Britain, France, and Ireland, king, de fender of the faith, and so forth, to our right trusty and well-beloved William lord Mansfield, our chief justice appointed to hold pleas before us, greeting; we being willing, for certain reasons, that all and singular indictments of

whatsoever felonies and murders whereof William Byron, baron Byron of Rochdale, late of the parish of St. James, within the liberty of Westminster, in our county of Middlesex, is indicted before you (as is said) be determined before us, and not elsewhere; do command you, that you do send under your seal before us, in our parliament, immediately after the receipt of this our writ, all and singular the indictments aforesaid, with all things touching the same, by whatsoever name the said William

"Middleser. Be it remembered, that on Tuesday next after the octave of the Purification of the blessed Virgin Mary, in the 5th year of the reign of our sovereign lord George the 3d, by the grace of God, of Great Britain, France, and Ireland, king, defender of the faith, in the court of our lord the king, before the king himself at Westminster, in the county of Middlesex, upon the oath of Philip Dyott of Dyott-street, esq. John Chace of Great Russel-street, esq. Henry Raper of John-street, esq. Robert Hucks of Great Russel street, esq. Oliver Coghill of the same, esq. Anthony Chapman of Great Ormond-street, esq. Charles Sheppard of Muswell-hill, esq. Thomas Singleton of Finchley, esq. George Mertins of Hatton Garden, esq. Gideon Arbouin of the same, esq. John French of the same, esq. William Clarke of Clapton, esq. Abraham Ogier of Clapton, esq. Edward Nourse of Hammersmith, esq. John Anderson of Henrietta-street, esq. George Mercer of Bolsover-street, esq. Isaac Lefevre of Stepneygreen, esq. Henry Mason of Great Russelstreet, esq. George Wright of Baldwin's-garLiscombe Price of Islington, esq. Charles Digby of Mile-end, esq. Richard Tidswell of Edmonton, esq. and John Duvall of Portugal-street, gentleman, good and lawful men of the county of Middlesex, then and there sworn and charged to enquire for our said lord the king, for the body of the said county

dens, esq.

of Middlesex.

"It is presented that the Bill of Indictment hereto annexed is a true bill. BURROW.

"Middlesex. The jurors for our lord the king, upon their oath, present, that the right honourable William Byron, baron Byron of Rochdale, late of the parish of Saint James, within the liberty of Westminster, in the county of Middlesex, not having the fear of God before his eyes, but being moved and seduced by the in

William lord Byron, your prisoner, to the bar, pursuant to the order of the House of Lords.

Then William lord Byron was brought to the bar by the deputy-governor of the Tower, having the axe carried before him by the gentleman-gaoler, who stood with it on the left hand of the prisoner, with the edge turned from him. The prisoner when he approached the bar made three reverences, and then fell upon his knees at the bar.

L. H. S. Your lordship may rise.

Then the prisoner rose up, and bowed to his grace the Lord High Steward, and to the House of Peers; which compliment was returned him by his grace, and the Lords.

Then proclamation having been again made for silence, the Lord High Steward spake to the prisoner, as follows:

Lord High Steward. William lord Byron; Your lordship is unhappily brought to this bar to answer a heavy and dreadful accusation, for you are charged with the murder of a fel

stigation of the devil, on the 26th day of Janu- |
ary, in the 5th year of the reign of our sove-
reign lord George the 3d, by the grace of God,
of Great Britain, France, and Ireland, king,
defender of the faith, and so forth, with force
and arms, at the parish aforesaid, in the county
aforesaid, in and upon one William Chaworth,
esq. in the peace of God, and our said lord the
king, then and there being, feloniously, wil-
fully, and of his malice aforethought, did make
an assault, and that the said William lord By-
ron, with a certain sword drawn, made of iron
and steel, of the value of 5s. which he the said
William lord Byron, in his right hand then and
there had and held, him the said William Cha-
worth, in and upon the left side of the belly of
the said William Chaworth, near the navel of
the said William Chaworth, then and there fe-
loniously, wilfully, and of his malice afore-
thought, did strike, thrust, stab, and penetrate,
giving to the said William Chaworth, with the
sword drawn as aforesaid, in and upon the said
left side of the belly of the said William Cha-low-subject.
worth, near the navel of the said William Cha-
worth, one mortal wound, of the depth of six
inches, and of the breadth of half an inch; of
which said mortal wound the said William
Chaworth, at the said parish of Saint James,
within the liberty of Westminster, in the said
county of Middlesex, and also at the parish of
Saint George, Hanover-square, within the li-
berty of Westminster aforesaid, in the same
county, from the said 26th day of January, in
the year aforesaid, until the 27th day of the
same month, in the same year, did languish,
and languishing did live; on which said 27th
day of January, in the year aforesaid, the said
William Chaworth, at the said parish of Saint
George, Hanover-square, in the liberty of
Westminster aforesaid, in the said county of
Middlesex, of the said mortal wound did die:
and so the jurors aforesaid, upon their oath
aforesaid, do say, that the said William lord
Byron, him the said William Chaworth, in
manner and form aforesaid, feloniously, wil-
fully, and of his malice aforethought, did kill
and murder, against the peace of our said lord
the king, his crown and dignity.

"Witnesses.-John Hewett, esq. Frederick Mountagu, esq. John Sherwin, esq. George Donston, esq. Francis Molineux, esq. the hon. Thomas Willoughby, esq. Cæsar Hawkins, esq. Anthony Addington, esq. John Edwards, James Finmore, Thomas Wally Partington, esq. William Levinz, esq. Robert Adair, esq. "Sworn in court. A true Bill."

Lord High Steward. Is it your lordships' pleasure, that the Judges have leave to be covered?

The solemnity and awful appearance of this judicature must naturally embarrass and discompose your lordship's spirits, whatever internal resource you may have in conscience to support you in your defence.

It may be therefore not improper for me to remind your lordship, that you are to be tried by the fixed and settled laws of a free country, framed only to protect the innocent, to distinguish the degrees of offence, and vindictive only against malice and premeditated mischief.

Homicide, or the killing of a fellow creature, is by the wisdom of the law distinguished into classes; if it by accident ariseth from necessity, or is without malice, it is not murder; and of these distinctions, warranted by evidence, every person, though accused by a grand jury, standing indifferent, is at full liberty to avail himself.

As an additional consolation, your lordship will reflect that you have the happiness to be tried by the supreme judicature of this nation; that you can receive nothing from your peers but justice, distributed with candor; delivered too under the strongest obligation upon noble These considerations will, 1 minds, honour.

hope, compose your lordship's mind, fortify your spirits, and leave you free for your de

fence.

Before I conclude, I am, by command of others that shall have occasion to speak to the the House, to inform your lordship, and all Court during the trial, that they are to address themselves to the Lords in general, and not to any lord in particular.

L. H. S. William lord Byron, your lordship will do well to give attention, while you are arraigned on your indictment.

Then proclamation was made for silence.

After which, William lord Byron was ar raigned, in the form of the said indictment against him, by the clerk of the crown in the King's-bench.

Cl. of the Cr. How say you, William lord | Byron, are you guilty of the felony and murder whereof you stand indicted, or not guilty?-Lord Byron. Not Guilty, my lords.

ton,* knight.) May it please your lordships, I am likewise of counsel for this prosecution; and by the indictment which has been opened, your lordships have heard that the noble prisoner at the bar is charged with one of the

Cl. of the Cr. Culprit, how will your lord-highest offences that human nature is capable ship be tried?-Lord Byron. By God and my

peers.

Cl. of the Cr. God send your lordship a good deliverance.

of committing, nothing less than shedding the blood of a fellow-creature.

My lords, I need not enlarge upon this subject, the crime itself is incapable of aggravation; it is my province to lay before your lord

Cl. of the Cr. Serjeant at Arms, make pro- ships the state of the evidence which will be

clamation.

Serj. at Arms. Oyez! Oyez! Oyez! All manner of persons that will give evidence, on behalf of our sovereign lord the king, against William lord Byron, the prisoner at the bar, let them come forth and they shall be heard; for now he stands at the bar upon his deliver

ance.

L. H. S. My lords, the distance of this place from the bar is so great, that I must desire your lordships' leave to go down to the table for the convenience of hearing.-Lords. Ay, ay.

Then his grace removed to the table.

produced in support of the charge; and as it is not my duty, so neither is it my inclination to exaggerate any thing upon this occasion; but public justice requires, that the whole proof should be brought fully and fairly before your lordships.

I hope it will neither be thought impertinent or improper for me to make some general observations upon the law, which may respect the offence now under consideration; the utility and application of which your lordships will see in the course of the evidence.

soner to make out, that the fact of killing in this case was not committed under circumstances which will make it murder: and I admit the law will allow the prisoner to shew the homicide justifiable, excusable, or done under such circumstances of extenuation, as to induce your lordships to think it was not done with malice aforethought, and then it will be manslaughter, and not murder.

My lords, as it will be proved beyond a doubt, in the course of these proceedings, that the deceased fell by the hands of the noble prisoner at the bar, I shall therefore take that fact for granted; and if so, every presumption in law Mr. Cornwall. May it please your lordships; arises against him; and it will be incumbent William lord Byron stands indicted by the upon the prisoner to exculpate himself in the grand jury of the county of Middlesex, for best manner he is able; for though every homurder; and the indictment sets forth, that micide is not murder, yet every homicide, priWilliam lord Byron, on the 26th day of Janu-ma facie, is so, and it is required of the priary, in the 5th year of his present majesty's reign, with force and arms, at the parish of St. James, in the county of Middlesex, feloniously, wilfully, and of his malice aforethought, did make an assault in and upon one William Chaworth, esq. and with a sword drawn, then in his right hand, in and upon the left side of the belly of the said William Chaworth, did strike and stab, giving to the said William Chaworth a mortal wound, of the depth of six inches, and of the breadth of half an inch; of which wound the said William Chaworth, at the parish of St James aforesaid, and also at the parish of St. George, Hanover-square, languished from the 26th day of January aforesaid, till the 27th day of the same month, in the year aforesaid, and then and there of the said mortal wound died; and the jurors aforesaid upon their oath, say, that the said William lord Byron, the said William Chaworth, in manner aforesaid, feloniously, wilfully, and of his malice aforethought, did kill and murder.

To this indictment the noble prisoner at the bar has pleaded Not Guilty, and hath put himself upon your lordships his peers for trial.

It is our duty to produce to your lordships the evidence we have to offer in support of this charge; your lordships will determine upon that evidence, and give such judgment as your lordships shall think the justice of the case requires.

It is clear in point of law, if there be a quarrel, and the parties afterwards have time to cool, and after that they fight, and one falls, be who survives has been guilty of murder; or if the manner in which the fact was done bespeaks a depravity of mind, and a wickedness of intention, that will make it murder.

My lords, as this case must depend upon a very nice and strict enquiry into all the circumstances that accompanied the fact, in order to mark the offence with one or other of these denominations (for an offence manslaughter is in the eye of the law), so I am persuaded your lordships will attend carefully to the evidence which may be produced; and I am convinced we shall bear such a judgment from your lord

* In 1770 he was elected Speaker of the House of Commons, which office he filled until the dissolution in July, 1780, of the parlia ment which had been called in the year 1774. At the meeting of the parliament which was called in 1780, he was proposed to be Speaker,

Mr. Attorney General, (Sir Fletcher Nor- but rejected.